Federal Register / Vol. 78, No. 33 / Tuesday, February 19, 2013 / Proposed Rules 11609 

The RFA provides that an agency is not 

required to prepare and publish a 

regulatory flexibility analysis if the 

agency certifies that the proposed rule 

will not have a significant impact on a 

substantial number of small entities. 5 

U.S.C. 605(b). 

Pursuant to section 605(b) of the RFA, 

the FDIC certifies that the proposed rule 

will not have a significant impact on a 

substantial number of small entities. 

The proposed rule will specify that 

deposit insurance is inapplicable to 

deposits in foreign branches of U.S. 

banks and, as such, imposes no burdens 

on insured depository institutions of 

any size. Therefore, the FDIC is not 

aware of any banks that are considered 

small entities for the purposes of the 

RFA and that would be affected by this 

proposed rule. 

C. The Treasury and General 

Government Appropriations Act, 1999— 

Assessment of Federal Regulations and 

Policies on Families 

The FDIC has determined that the 

proposed rule will not affect family 

well-being within the meaning of 

section 654 of the Treasury and General 

Government Appropriations Act, 

enacted as part of the Omnibus 

Consolidated and Emergency 

Supplemental Appropriations Act of 

1999 (Pub. L. 105–277, 112 Stat. 2681). 

D. Plain Language 

Section 722 of the Gramm-LeachBliley Act (Pub. L. 106–102, 113 Stat. 

1338, 1471) requires Federal banking 

agencies to use plain language in all 

proposed and final rules published after 

January 1, 2000. The FDIC has sought to 

present the proposed rule in a simple 

and straightforward manner but 

nevertheless invites comments on 

whether the proposal is clearly stated 

and effectively organized, and how the 

FDIC might make the proposed text 

easier to understand. 

List of Subjects in 12 CFR Part 330 

Bank deposit insurance, Banks, 

Banking, Reporting and recordkeeping 

requirements, Savings and Loan 

associations, Trusts and trustees. 

For the reasons stated above, the 

Board of Directors of the Federal 

Deposit Insurance Corporation proposes 

to amend part 330 of title 12 of the Code 

of Federal Regulations as follows: 

PART 330—DEPOSIT INSURANCE 

COVERAGE 

■ The authority citation for part 330 is 

revised to read as follows: 

Authority: 12 U.S.C. 1813(l), 1813(m), 

1817(i), 1818(q), 1819(a)(Tenth), 1820(f), 

1820(g), 1821(a), 1821(d), 1822(c) 

■ 1. In § 330.1, revise paragraph (i) to 

read as follows: 

§ 330.1 Definitions. 

* * * * * 

(i) Insured deposit has the same 

meaning as that provided under section 

3(m)(1) of the Act (12 U.S.C. 1813(m)(1)) 

and this part. 

* * * * * 

■ 2. In § 330.3, revise paragraph (e) to 

read as follows: 

§ 330.3 General principles. 

* * * * * 

(e) Deposits payable outside of the 

United States and certain other 

locations. (1) Any obligation of an 

insured depository institution which is 

payable solely at an office of such 

institution located outside the States of 

the United States, the District of 

Columbia, Puerto Rico, Guam, the 

Commonwealth of the Northern Mariana 

Islands, American Samoa, the Trust 

Territory of the Pacific Islands, and the 

Virgin Islands, is not a deposit for the 

purposes of this part. 

(2) Except as provided in paragraph 

(e)(3) of this section, any obligation of 

an insured depository institution which 

is carried on the books and records of 

an office of such institution located 

outside the States of the United States, 

the District of Columbia, Puerto Rico, 

Guam, the Commonwealth of the 

Northern Mariana Islands, American 

Samoa, the Trust Territory of the Pacific 

Islands, and the Virgin Islands, shall not 

be an insured deposit for purposes of 

this part, notwithstanding that it may 

also be payable at an office of such 

institution located within a State, the 

District of Columbia, Puerto Rico, 

Guam, the Commonwealth of the 

Northern Mariana Islands, American 

Samoa, the Trust Territory of the Pacific 

Islands, and the Virgin Islands, or any 

other provision of this part. 

(3) Rule of Construction: For purposes 

of this section, Overseas Military 

Banking Facilities operated under 

Department of Defense regulations, 32 

CFR parts 230 and 231, are not 

considered to be offices located outside 

the States of the United States, the 

District of Columbia, Puerto Rico, 

Guam, the Commonwealth of the 

Northern Mariana Islands, American 

Samoa, the Trust Territory of the Pacific 

Islands, and the Virgin Islands. 

* * * * * 

Dated at Washington, DC, this 12th day of 

February, 2013. 

By order of the Board of Directors. 

Federal Deposit Insurance Corporation. 

Robert E. Feldman, 

Executive Secretary. 

[FR Doc. 2013–03578 Filed 2–15–13; 8:45 am] 

BILLING CODE 6714–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. FAA–2013–0148; Notice No. 25– 

13–01–SC] 

Special Conditions: Embraer S.A., 

Model EMB–550 Airplane; Landing 

Pitchover Condition 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed special 

conditions. 

SUMMARY: This action proposes special 

conditions for the Embraer S.A. Model 

EMB–550 airplane. This airplane will 

have a novel or unusual design 

feature(s) associated with landing loads 

due to the automatic braking system. 

The applicable airworthiness 

regulations do not contain adequate or 

appropriate safety standards for this 

design feature. These proposed special 

conditions contain the additional safety 

standards that the Administrator 

considers necessary to establish a level 

of safety equivalent to that established 

by the existing airworthiness standards. 

DATES: Send your comments on or 

before April 5, 2013. 

ADDRESSES: Send comments identified 

by docket number FAA–2013–0148 

using any of the following methods: 

• Federal eRegulations Portal: Go to 

http://www.regulations.gov/ and follow 

the online instructions for sending your 

comments electronically. 

• Mail: Send comments to Docket 

Operations, M–30, U.S. Department of 

Transportation (DOT), 1200 New Jersey 

Avenue SE., Room W12–140, West 

Building Ground Floor, Washington, 

DC, 20590–0001. 

• Hand Delivery or Courier: Take 

comments to Docket Operations in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue SE., Washington, DC, between 8 

a.m. and 5 p.m., Monday through 

Friday, except federal holidays. 

• Fax: Fax comments to Docket 

Operations at 202–493–2251. 

Privacy: The FAA will post all 

comments it receives, without change, 

to http://www.regulations.gov/, 

including any personal information the 

commenter provides. Using the search 


srobinson on DSK4SPTVN1PROD with PROPOSALS
11610 Federal Register / Vol. 78, No. 33 / Tuesday, February 19, 2013 / Proposed Rules 

function of the docket Web site, anyone 

can find and read the electronic form of 

all comments received into any FAA 

docket, including the name of the 

individual sending the comment (or 

signing the comment for an association, 

business, labor union, etc.). DOT’s 

complete Privacy Act Statement can be 

found in the Federal Register published 

on April 11, 2000 (65 FR 19477– 

19478), as well as at http:// 

DocketsInfo.dot.gov/. 

Docket: Background documents or 

comments received may be read at 

http://www.regulations.gov/ at any time. 

Follow the online instructions for 

accessing the docket or go to the Docket 

Operations in Room W12–140 of the 

West Building Ground Floor at 1200 

New Jersey Avenue SE., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Todd Martin, FAA, Airframe and Cabin 

Safety Branch, ANM–115, Transport 

Airplane Directorate, Aircraft 

Certification Service, 1601 Lind Avenue 

SW., Renton, Washington, 98057–3356; 

telephone 425–227–1178; facsimile 

425–227–1232. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite interested people to take 

part in this rulemaking by sending 

written comments, data, or views. The 

most helpful comments reference a 

specific portion of the special 

conditions, explain the reason for any 

recommended change, and include 

supporting data. 

We will consider all comments we 

receive on or before the closing date for 

comments. We may change these special 

conditions based on the comments we 

receive. 

Background 

On May 14, 2009, Embraer S.A. 

applied for a type certificate for their 

new Model EMB–550 airplane. The 

Model EMB–550 airplane is the first of 

a new family of jet airplanes designed 

for corporate flight, fractional, charter, 

and private owner operations. The 

aircraft has a conventional configuration 

with low wing and T-tail empennage. 

The primary structure is metal with 

composite empennage and control 

surfaces. The Model EMB–550 airplane 

is designed for 8 passengers, with a 

maximum of 12 passengers. It is 

equipped with two Honeywell 

HTF7500–E medium bypass ratio 

turbofan engines mounted on aft 

fuselage pylons. Each engine produces 

approximately 6,540 pounds of thrust 

for normal takeoff. The primary flight 

controls consist of hydraulically 

powered fly-by-wire elevators, aileron 

and rudder, controlled by the pilot or 

copilot sidestick. 

The Model EMB–550 airplane is 

equipped with an automatic braking 

system. This feature is a pilot-selectable 

function that allows earlier braking at 

landing without pilot pedal input. 

When the autobrake system is armed 

before landing, it automatically 

commands a pre-defined braking action 

after the main wheels touch down. This 

might cause a high nose gear sink rate, 

and potentially higher gear and airframe 

loads than would occur with a 

traditional braking system. Therefore, 

the FAA has determined special 

conditions are necessary. 

Type Certification Basis 

Under the provisions of 14 CFR 21.17, 

Embraer S.A. must show that the Model 

EMB–550 airplane meets the applicable 

provisions of part 25, as amended by 

Amendments 25–1 through 25–127 

thereto. 

If the Administrator finds that the 

applicable airworthiness regulations 

(i.e., 14 CFR part 25) do not contain 

adequate or appropriate safety standards 

for the Model EMB–550 airplane 

because of a novel or unusual design 

feature, special conditions are 

prescribed under the provisions of 

§ 21.16. 

Special conditions are initially 

applicable to the model for which they 

are issued. Should the type certificate 

for that model be amended later to 

include any other model that 

incorporates the same or similar novel 

or unusual design feature, the special 

conditions would also apply to the other 

model under § 21.101. 

In addition to the applicable 

airworthiness regulations and special 

conditions, the Embraer S.A. Model 

EMB–550 airplane must comply with 

the fuel vent and exhaust emission 

requirements of 14 CFR part 34 and the 

noise certification requirements of 14 

CFR part 36 and the FAA must issue a 

finding of regulatory adequacy under 

section 611 of Public Law 92–574, the 

‘‘Noise Control Act of 1972.’’ 

The FAA issues special conditions, as 

defined in 14 CFR 11.19, in accordance 

with § 11.38, and they become part of 

the type-certification basis under 

§ 21.17(a)(2). 

Novel or Unusual Design Features 

The Embraer S.A. Model EMB–550 

airplane is equipped with an automatic 

braking system, which is a pilotselectable function that allows earlier 

maximum braking at landing without 

pilot pedal input. When the autobrake 

system is armed before landing, it 

automatically commands maximum 

braking at main wheels touchdown. 

This will cause a high nose gear sink 

rate, and potentially higher gear and 

airframe loads than would occur with a 

traditional braking system. 

Discussion 

These special conditions define a 

landing pitchover condition that 

accounts for the effects of the automatic 

braking system. The special conditions 

define the airplane configuration, 

speeds, and other parameters necessary 

to develop airframe and nose gear loads 

for this condition. The special 

conditions require that the airplane be 

designed to support the resulting limit 

and ultimate loads as defined in 

§ 25.305. 

Applicability 

As discussed above, these special 

conditions are applicable to the Embraer 

S.A. Model EMB–550 airplane. Should 

Embraer S.A. apply at a later date for a 

change to the type certificate to include 

another model incorporating the same 

novel or unusual design feature, the 

special conditions would apply to that 

model as well. 

Conclusion 

This action affects only certain novel 

or unusual design features on one model 

of airplanes. It is not a rule of general 

applicability. 

List of Subjects in 14 CFR Part 25 

Aircraft, Aviation safety, Reporting 

and recordkeeping requirements. 

■ The authority citation for these 

special conditions is as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701, 

44702, 44704. 

The Proposed Special Conditions 

Accordingly, the FAA proposes the 

following special conditions as part of 

the type certification basis for Embraer 

S.A. Model EMB–550 airplanes. 

Landing Pitchover Condition 

A landing pitchover condition must 

be addressed that takes into account the 

effect of the autobrake system. The 

airplane is assumed to be at the design 

maximum landing weight, or at the 

maximum weight allowed with the 

autobrake system on. The airplane is 

assumed to land in a tail-down attitude 

and at the speeds defined in § 25.481. 

Following main gear contact, the 

airplane is assumed to rotate about the 

main gear wheels at the highest pitch 

rate allowed by the autobrake system. 

This is considered a limit load 

condition from which ultimate loads 


srobinson on DSK4SPTVN1PROD with PROPOSALS
Federal Register / Vol. 78, No. 33 / Tuesday, February 19, 2013 / Proposed Rules 11611 

must also be determined. Loads must be 

determined for critical fuel and payload 

distributions and centers of gravity. 

Nose gear loads, as well as airframe 

loads, must be determined. The airplane 

must support these loads as described in 

§ 25.305. 

Issued in Renton, Washington, on February 

12, 2013. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2013–03679 Filed 2–15–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Parts 1, 16, 106, 110, 114, 117, 

120, 123, 129, 179, and 211 

[Docket No. FDA–2011–N–0920] 

RIN 0910–AG36 

Current Good Manufacturing Practice 

and Hazard Analysis and Risk-Based 

Preventive Controls for Human Food; 

Extension of Comment Period for 

Information Collection Provisions 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Proposed rule; extension of 

comment period for information 

collection provisions. 

SUMMARY: The Food and Drug 

Administration (FDA or ‘‘we’’) is 

extending the comment period for the 

information collection related to the 

proposed rule on ‘‘Current Good 

Manufacturing Practice and Hazard 

Analysis and Risk-Based Preventive 

Controls for Human Food’’ that 

appeared in the Federal Register of 

January 16, 2013. In the preamble to the 

proposed rule, FDA requested 

comments on the information collection 

provisions that are subject to review by 

the Office of Management and Budget 

(OMB) under the Paperwork Reduction 

Act of 1995. We are taking this action 

in response to requests for an extension 

to allow interested persons additional 

time to submit comments on the 

information collection provisions 

associated with the rule. 

DATES: The comment period for the 

proposed rule published January 16, 

2013 (78 FR 3646), is extended. Submit 

either electronic or written comments 

by May 16, 2013. 

ADDRESSES: To ensure that comments on 

information collection are received, 

OMB recommends that written 

comments be faxed to the Office of 

Information and Regulatory Affairs, 

OMB, Attn: FDA Desk Officer, FAX: 

202–395–7285, or emailed to 

oira_submission@omb.eop.gov. All 

comments should be identified with the 

title ‘‘Current Good Manufacturing 

Practice and Hazard Analysis and RiskBased Preventive Controls for Human 

Food.’’ 

FOR FURTHER INFORMATION CONTACT: 

Domini Bean, Office of Information 

Management, Food and Drug 

Administration, 1350 Picard Dr., PI50– 

400T, Rockville, MD 20850, 

Domini.Bean@fda.hhs.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In the Federal Register of January 16, 

2013 (78 FR 3646), FDA published a 

proposed rule entitled ‘‘Current Good 

Manufacturing Practice and Hazard 

Analysis and Risk-Based Preventive 

Controls for Human Food’’ with a 120- 

day comment period on the provisions 

of the proposed rule and a 30-day 

comment period on the information 

collection provisions that are subject to 

review by OMB under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520). Comments on the provisions of 

the rule and on the information 

collection provisions will inform FDA’s 

rulemaking to modernize the regulation 

for ‘‘Current Good Manufacturing 

Practice In Manufacturing, Packing, or 

Holding Human Food’’ and to add 

requirements for domestic and foreign 

facilities that are required to register 

under the Federal Food, Drug, and 

Cosmetic Act to establish and 

implement hazard analysis and riskbased preventive controls for human 

food. 

OMB and FDA have received two 

requests for a 90-day extension of the 

comment period for the information 

collection provisions of the proposed 

rule. The requests conveyed concern 

that the current 30-day comment period 

does not allow sufficient time to 

develop a meaningful or thoughtful 

response to the information collection 

provisions submitted to OMB under the 

Paperwork Reduction Act of 1995. 

We have considered the requests and 

are extending the comment period for 

the information collection for 90 days, 

until May 16, 2013. We believe that a 

90-day extension allows adequate time 

for interested persons to submit 

comments without significantly 

delaying rulemaking on these important 

issues. A 90-day extension also will 

make the comment period for the 

information collection provisions the 

same as the comment period for the 

provisions of the proposed rule. 

II. Request for Comments 

Interested persons may either submit 

electronic comments regarding the 

information collection to 

oira_submission@omb.eop.gov or fax 

written comments to the Office of 

Information and Regulatory Affairs, 

OMB, Attn: FDA Desk Officer, FAX: 

202–395–7285. All comments should be 

identified with the title ‘‘Current Good 

Manufacturing Practice and Hazard 

Analysis and Risk-Based Preventive 

Controls for Human Food.’’ 

Dated: February 13, 2013. 

Leslie Kux, 

Assistant Commissioner for Policy. 

[FR Doc. 2013–03732 Filed 2–15–13; 8:45 am] 

BILLING CODE 4160–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Parts 16 and 112 

[Docket No. FDA–2011–N–0921] 

RIN 0910–AG35 

Standards for the Growing, Harvesting, 

Packing, and Holding of Produce for 

Human Consumption; Extension of 

Comment Period for Information 

Collection Provisions 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Proposed rule; extension of 

comment period for information 

collection provisions. 

SUMMARY: The Food and Drug 

Administration (FDA or ‘‘we’’) is 

extending the comment period for the 

information collection provisions of the 

proposed rule on ‘‘Standards for the 

Growing, Harvesting, Packing, and 

Holding of Produce for Human 

Consumption’’ that appeared in the 

Federal Register of January 16, 2013. In 

the preamble to the proposed rule, FDA 

requested comments on the information 

collection provisions that are subject to 

review by the Office of Management and 

Budget (OMB) under the Paperwork 

Reduction Act of 1995. We are taking 

this action in response to requests for an 

extension to allow interested persons 

additional time to submit comments on 

the information collection provisions 

associated with the rule. 

DATES: The comment period for the 

proposed rule published January 16, 

2013 (78 FR 3504), is extended. Submit 


srobinson on DSK4SPTVN1PROD with PROPOSALS