4092 Federal Register / Vol. 78, No. 13 / Friday, January 18, 2013 / Proposed Rules 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. ‘‘Subtitle VII: 

Aviation Programs,’’ describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in ‘‘Subtitle VII, 

Part A, Subpart III, Section 44701: 

General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We determined that this proposed AD 

would not have federalism implications 

under Executive Order 13132. This 

proposed AD would not have a 

substantial direct effect on the States, on 

the relationship between the national 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed, I certify 

this proposed regulation: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

2. Is not a ‘‘significant rule’’ under the 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); 

3. Will not affect intrastate aviation in 

Alaska to the extent that it justifies 

making a regulatory distinction; and 

4. Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared an economic evaluation 

of the estimated costs to comply with 

this proposed AD and placed it in the 

AD docket. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 14 CFR part 

39 as follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

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

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD): 

Eurocopter Deutschland GmbH Helicopters: 

Docket No. FAA–2013–0018; Directorate 

Identifier 2010–SW–060–AD. 

(a) Applicability 

This AD applies to Model MBB–BK 117 C– 

2 helicopters with a bevel gear, part number 

(P/N) 4639 310 065, installed in the tail rotor 

intermediate gear box (IGB), P/N 4639 002 

007, certificated in any category. 

(b) Unsafe Condition 

This AD defines the unsafe condition as 

failure of a bevel gear, failure of the tail rotor 

IGB, and subsequent loss of control of the 

helicopter. 

(c) Compliance 

You are responsible for performing each 

action required by this AD within the 

specified compliance time unless it has 

already been accomplished prior to that time. 

(d) Required Actions 

Within 30 days, do the following: 

(1) Determine if a bevel gear with a serial 

number (S/N) listed in Table 1 of Eurocopter 

Alert Service Bulletin MBB BK117 C–2–04A– 

005, Revision 2, dated April 28, 2010 (ASB), 

is installed in the IGB. 

(i) If a bevel gear listed in Table 1 of the 

ASB is installed in the IGB, record the 

reduced life limit of the bevel gear onto the 

component history card or equivalent record 

of the IGB. 

(ii) If the bevel gear life limit has been 

reached or is exceeded, before further flight, 

replace the bevel gear with an airworthy 

bevel gear. 

(2) Revise the Airworthiness Limitations 

section of the maintenance manual by 

reducing the retirement life for each IGB 

bevel gear, P/N 4639 310 065, that has a S/ 

N listed in Table 1 of the ASB to the life limit 

corresponding to that S/N. 

(e) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Safety Management 

Group, FAA, may approve AMOCs for this 

AD. Send your proposal to: Chinh Vuong, 

Aviation Safety Engineer, Safety Management 

Group, Rotorcraft Directorate, FAA, 2601 

Meacham Blvd., Fort Worth, Texas 76137; 

telephone (817) 222–5110; email 

chinh.vuong@faa.gov. 

(2) For operations conducted under a 14 

CFR part 119 operating certificate or under 

14 CFR part 91, subpart K, we suggest that 

you notify your principal inspector, or 

lacking a principal inspector, the manager of 

the local flight standards district office or 

certificate holding district office before 

operating any aircraft complying with this 

AD through an AMOC. 

(f) Additional Information 

The subject of this AD is addressed in 

European Aviation Safety Agency AD 2010– 

0096, dated May 25, 2010. 

(g) Subject 

Joint Aircraft Service Component (JASC) 

Code: 6520, Tail Rotor Gearbox. 

Issued in Fort Worth, Texas, on January 9, 

2013. 

Kim Smith, 

Directorate Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. 2013–01004 Filed 1–17–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0962; Directorate 

Identifier 2012–CE–033–AD] 

RIN 2120–AA64 

Airworthiness Directives; Cessna 

Aircraft Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Proposed rule; withdrawal. 

SUMMARY: This document withdraws a 

Notice of Proposed Rulemaking (NPRM) 

that would have applied to certain 

Cessna Aircraft Company Models 

172RG, R182, TR182, FR182, 210N, 

T210N, 210R, T210R, P210N, P210R, 

and T303 airplanes. The proposed 

airworthiness directive (AD) would 

have required you to inspect the 

aircraft’s hydraulic power pack wiring 

for incorrect installation, and if needed, 

correct the installation. Since issuance 

of the NPRM, the FAA has re-evaluated 

this airworthiness concern and 

determined that an unsafe condition 

does not exist that would warrant AD 

action. This withdrawal does not 

prevent the FAA from initiating future 

rulemaking on this subject. 

FOR FURTHER INFORMATION CONTACT: 

Richard Rejniak, Aerospace Engineer, 

Wichita Aircraft Certification Office, 

1801 Airport Road, Room 100, Wichita, 

Kansas 67209; phone: (316) 946–4128; 

fax: (316) 946–4107; email: 

richard.rejniak@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a Notice of Proposed 

Rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to the specified products. That 

NPRM published in the Federal 

Register on September 11, 2012 (77 FR 


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Federal Register / Vol. 78, No. 13 / Friday, January 18, 2013 / Proposed Rules 4093 

1See Enhancing Protections Afforded Customers 

and Customer Funds Held by Futures Commission 

Merchants and Derivatives Clearing Organizations, 

77 FR 67866 (Nov. 14, 2012). 

2Commission regulations referred to herein are 

found at 17 CFR Ch. 1 (2012). Commission 

regulations are accessible on the Commission’s Web 

site, www.cftc.gov. 

55770). That NPRM proposed to require 

you to inspect the aircraft’s hydraulic 

power pack wiring for incorrect 

installation, and if needed, correct the 

installation. 

Since issuance of the NPRM, in light 

of the comments received on the NPRM, 

the FAA re-evaluated the details that 

went into the determination of the 

unsafe condition for this concern. Based 

on new information discovered during 

the re-evaluation, we determined that: 

• An unsafe condition warranting AD 

action does not exist; and 

• The associated level of risk does not 

warrant AD action. 

To further mitigate this concern from 

recurring, the FAA may take another 

airworthiness action such as a special 

airworthiness information bulletin 

(SAIB) to recommend the actions 

contained in the proposed rule and 

capture potential concerns identified by 

the public during the comment period. 

Withdrawal of this NPRM constitutes 

only such action and does not preclude 

the agency from issuing future 

rulemaking on this issue, nor does it 

commit the agency to any course of 

action in the future. 

Regulatory Findings 

Since this action only withdraws an 

NPRM, it is neither a proposed nor a 

final rule and therefore, is not covered 

under Executive Order 12866, the 

Regulatory Flexibility Act, or DOT 

Regulatory Policies and Procedures (44 

FR 11034, February 26, 1979). 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Withdrawal 

Accordingly, the notice of proposed 

rulemaking, Docket No. FAA–2012– 

0962, published in the Federal Register 

on September 11, 2012 (77 FR 55770), 

is withdrawn. 

Issued in Kansas City, Missouri, on January 

14, 2013. 

James Jackson, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2013–01000 Filed 1–17–13; 8:45 am] 

BILLING CODE 4910–13–P 

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Parts 1, 3, 22, 30 and 140 

RIN 3038–AD88 

Extension of Comment Period for the 

Rulemaking Enhancing Protections 

Afforded Customers and Customer 

Funds Held by Futures Commission 

Merchants and Derivatives Clearing 

Organizations 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Extension of comment period. 

SUMMARY: On November 14, 2012, the 

Commodity Futures Trading 

Commission (‘‘Commission’’) published 

in the Federal Register a notice of 

proposed rulemaking (the ‘‘Customer 

Protection Proposal’’) 1 to adopt new 

regulations and amend existing 

regulations to require enhanced 

customer protections, risk management 

programs, internal monitoring and 

controls, capital and liquidity standards, 

customer disclosures, and auditing and 

examination programs for futures 

commission merchants (‘‘FCMs’’). The 

Customer Protection Proposal also 

addressed certain related issues 

concerning derivatives clearing 

organizations (‘‘DCOs’’) and chief 

compliance officers (‘‘CCOs’’). In order 

to provide interested parties with an 

additional opportunity to comment on 

the Customer Protection Proposal, the 

Commission is extending the comment 

period for the Customer Protection 

Proposal. 

DATES: The comment period for the 

Customer Protection Proposal is 

extended until February 15, 2013. 

ADDRESSES: You may submit comments, 

identified by RIN 3038–AD88, by any of 

the following methods: 

• Agency Web site, via its Comments 

Online process at http:// 

comments.cftc.gov. Follow the 

instructions for submitting comments 

through the Web site, and submit all 

comments through the ‘‘submit 

comment’’ link associated with this 

extension. 

• Mail: Send to Natise Stowe, Office 

of the Secretariat, Commodity Futures 

Trading Commission, Three Lafayette 

Centre, 1155 21st Street NW., 

Washington, DC 20581. 

• Hand Delivery/Courier: Same as 

mail above. 

Please submit your comments using 

only one method. 

All comments must be submitted in 

English, or if not, accompanied by an 

English translation. Comments will be 

posted as received to http:// 

www.cftc.gov. You should submit only 

information that you wish to make 

available publicly. If you wish the 

Commission to consider information 

that may be exempt from disclosure 

under the Freedom of Information Act, 

a petition for confidential treatment of 

the exempt information may be 

submitted according to the procedures 

established in § 145.9 of the 

Commission’s regulations, 17 CFR 

145.9.2

The Commission reserves the right, 

but shall have no obligation, to review, 

pre-screen, filter, redact, refuse or 

remove any or all of your submission 

from http://www.cftc.gov that it may 

deem to be inappropriate for 

publication, such as obscene language. 

All submissions that have been redacted 

or removed that contain comments on 

the merits of the rulemaking will be 

retained in the public comment file and 

will be considered as required under the 

Administrative Procedure Act and other 

applicable laws, and may be accessible 

under the Freedom of Information Act. 

FOR FURTHER INFORMATION CONTACT: 

Division of Swap Dealer and 

Intermediary Oversight: Gary Barnett, 

Director, 202–418–5977, 

gbarnett@cftc.gov; Thomas Smith, 

Deputy Director, 202–418–5495, 

tsmith@cftc.gov; Ward P. Griffin, 

Associate Chief Counsel, 202–418–5425, 

wgriffin@cftc.gov, Commodity Futures 

Trading Commission, Three Lafayette 

Centre, 1155 21st Street NW., 

Washington, DC 20581; 202–418–5648; 

or Kevin Piccoli, Deputy Director, 646– 

746–9834, kpiccoli@cftc.gov, 140 

Broadway, 19th Floor, New York, NY 

10005. 

Division of Clearing and Risk: Robert 

B. Wasserman, Chief Counsel, 202–418– 

5092, rwasserman@cftc.gov, Commodity 

Futures Trading Commission, Three 

Lafayette Centre, 1155 21st Street NW., 

Washington, DC 20581. Office of the 

Chief Economist: Camden Nunery, 

Economist, cnunery@cftc.gov, 202–418– 

5723, Commodity Futures Trading 

Commission, Three Lafayette Centre, 

1155 21st Street NW., Washington, DC 

20581. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The protection of customers—and the 

safeguarding of money, securities or 


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