26556 Federal Register / Vol. 78, No. 88 / Tuesday, May 7, 2013 / Proposed Rules 

4 5 U.S.C. 601(3). The Bureau may establish an 

alternative definition after consultation with the 

Small Business Administration and an opportunity 

for public comment. 

5 5 U.S.C. 603–605. 

6 5 U.S.C. 609. 

practicable to make payments could 

alter the total payments received by 

various consumers. As a final example, 

any changes that limit the amount of 

funds that the Fund Administrator may 

allocate to consumer education and 

financial literacy programs would shift 

potential benefits from consumers who 

benefit from these programs to other 

consumers. 

The revisions to the Final Rule 

discussed in this rule would not have a 

unique impact on rural consumers. 

Since the amendments would not have 

any impact on covered persons, they 

also have no impact on insured 

depository institutions or insured credit 

unions with less than $10 billion in 

assets as described in section 1026(a) of 

the Dodd-Frank Act. 

VI. Regulatory Requirements 

The Regulatory Flexibility Act (RFA), 

as amended by the Small Business 

Regulatory Enforcement Fairness Act of 

1996, requires each agency to consider 

the potential impact of its regulations on 

small entities, including small 

businesses, small governmental units, 

and small not-for-profit organizations. 

The RFA defines a ‘‘small business’’ as 

a business that meets the size standard 

developed by the Small Business 

Administration pursuant to the Small 

Business Act.4

The RFA generally requires an agency 

to conduct an initial regulatory 

flexibility analysis (IRFA) and a final 

regulatory flexibility analysis (FRFA) of 

any rule subject to notice-and-comment 

rulemaking requirements, unless the 

agency certifies that the rule will not 

have a significant economic impact on 

a substantial number of small entities.5

The Bureau also is subject to certain 

additional procedures under the RFA 

involving the convening of a panel to 

consult with small business 

representatives prior to proposing a rule 

for which an IRFA is required.6

The undersigned certifies that this 

proposed rule would not have a 

significant impact on a substantial 

number of small entities. The Final Rule 

and proposed alternatives set forth only 

what Civil Penalty Fund payments the 

Bureau will make to victims and the 

procedures for allocating funds for such 

payments and for consumer education 

and financial literacy programs. The 

rule would not impose any substantive 

requirements on any small entities. 

VII. Paperwork Reduction Act 

The Bureau has determined that 

neither the Final Rule nor any of the 

alternatives proposed in this notice of 

proposed rulemaking imposes any new 

recordkeeping, reporting, or disclosure 

requirements on covered entities or 

members of the public that would 

constitute collections of information 

requiring approval under the Paperwork 

Reduction Act, 44 U.S.C. 3501 et seq. 

Comments on this determination may be 

submitted to the Bureau as instructed in 

the ADDRESSES section of this notice and 

to the attention of the Paperwork 

Reduction Act Officer. 

List of Subjects in 12 CFR Part 1075 

Administrative practice and 

procedure, Authority delegations, 

Consumer Financial Civil Penalty Fund, 

Consumer protection, Organization and 

functions. 

Dated: April 26, 2013. 

Richard Cordray, 

Director, Bureau of Consumer Financial 

Protection. 

[FR Doc. 2013–10318 Filed 5–6–13; 8:45 am] 

BILLING CODE 4810–25–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0756; Directorate 

Identifier 2012–CE–012–AD] 

RIN 2120–AA64 

Airworthiness Directives; Piper 

Aircraft, Inc. 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 all Piper 

Aircraft, Inc. (type certificate previously 

held by The New Piper Aircraft Inc.) 

Models PA–18 and PA–19 airplanes. 

The proposed airworthiness directive 

(AD) would have required either moving 

all toggle-style magneto switches 

located on the left cabin panel, adjacent 

to the front seat, away from this 

position; or replacing these switches 

with FAA-approved, non-keyed, rotarystyle switches. 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: Gary 

Wechsler, Aerospace Engineer, FAA, 

Atlanta Aircraft Certification Office, 

1701 Columbia Avenue, College Park, 

Georgia 30337; phone: (404) 474–5575; 

fax: (404) 474–5606; email: 

gary.wechsler@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 July 19, 2012 (77 FR 42455). 

That NPRM proposed to require you to 

either move all toggle-style magneto 

switches located on the left cabin panel, 

adjacent to the front seat, away from this 

position; or replace these switches with 

FAA-approved, non-keyed, rotary-style 

switches. 

Because of the comments received on 

the NPRM (77 FR 42455, July 19, 2012), 

the FAA re-evaluated the data collected 

on the safety concern and concluded 

that: 

• an unsafe condition warranting AD 

action does not exist; and 

• the associated level of risk does not 

warrant AD action. 

To mitigate the safety 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 the concerns identified by the 

public during the NPRM (77 FR 42455, 

July 19, 2012) comment period. 

Withdrawal of this NPRM (77 FR 

42455, July 19, 2012) 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 (NPRM), FAA–2012–0756, 

published in the Federal Register on 

July 19, 2012 (77 FR 42455), is 

withdrawn. 


emcdonald on DSK67QTVN1PROD with PROPOSALS
Federal Register / Vol. 78, No. 88 / Tuesday, May 7, 2013 / Proposed Rules 26557 

Issued in Kansas City, Missouri, on May 1, 

2013. 

Earl Lawrence, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. 2013–10786 Filed 5–6–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2013–0276; Airspace 

Docket No. 13–AEA–5] 

Proposed Amendment of Class E 

Airspace; Plattsburgh, NY 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

amend Class E Airspace at Plattsburgh, 

NY, as the Clinton County Airport has 

closed and controlled airspace removed. 

New Class E Airspace at Plattsburgh 

International Airport would be created 

to accommodate standard instrument 

approach procedures developed at the 

airport. This action would enhance the 

safety and airspace management of 

Instrument Flight Rules (IFR) 

operations. 

DATES: Comments must be received on 

or before June 21, 2013. 

ADDRESSES: Send comments on this rule 

to: U.S. Department of Transportation, 

Docket Operations, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey SE., Washington, DC 20590– 

0001; Telephone: 1–800–647–5527; Fax: 

202–493–2251. You must identify the 

Docket Number FAA–2013–0276; 

Airspace Docket No. 13–AEA–5, at the 

beginning of your comments. You may 

also submit and review received 

comments through the Internet at 

http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: John 

Fornito, Operations Support Group, 

Eastern Service Center, Federal Aviation 

Administration, P.O. Box 20636, 

Atlanta, Georgia 30320; telephone (404) 

305–6364. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

Interested persons are invited to 

comment on this rule by submitting 

such written data, views, or arguments, 

as they may desire. Comments that 

provide the factual basis supporting the 

views and suggestions presented are 

particularly helpful in developing 

reasoned regulatory decisions on the 

proposal. Comments are specifically 

invited on the overall regulatory, 

aeronautical, economic, environmental, 

and energy-related aspects of the 

proposal. 

Communications should identify both 

docket numbers (FAA Docket No. FAA– 

2013–0276; Airspace Docket No. 13– 

AEA–5) and be submitted in triplicate to 

the Docket Management System (see 

ADDRESSES section for address and 

phone number). You may also submit 

comments through the Internet at 

http://www.regulations.gov. 

Persons wishing the FAA to 

acknowledge receipt of their comments 

on this action must submit with those 

comments a self-addressed stamped 

postcard on which the following 

statement is made: ‘‘Comments to 

Docket No. FAA–2013–0276; Airspace 

Docket No. 13–AEA–5.’’ The postcard 

will be date/time stamped and returned 

to the commenter. 

All communications received before 

the specified closing date for comments 

will be considered before taking action 

on the proposed rule. The proposal 

contained in this notice may be changed 

in light of the comments received. A 

report summarizing each substantive 

public contact with FAA personnel 

concerned with this rulemaking will be 

filed in the docket. 

Availability of NPRMs 

An electronic copy of this document 

may be downloaded from and 

comments submitted through http:// 

www.regulations.gov. Recently 

published rulemaking documents can 

also be accessed through the FAA’s Web 

page at http://www.faa.gov/ 

airports_airtraffic/air_traffic/ 

publications/airspace_amendments/. 

You may review the public docket 

containing the proposal, any comments 

received, and any final disposition in 

person in the Dockets Office (see the 

ADDRESSES section for address and 

phone number) between 9:00 a.m. and 

5:00 p.m., Monday through Friday, 

except Federal Holidays. An informal 

docket may also be examined between 

8:00 a.m. and 4:30 p.m., Monday 

through Friday, except Federal 

Holidays, at the office of the Eastern 

Service Center, Federal Aviation 

Administration, Room 350, 1701 

Columbia Avenue, College Park, Georgia 

30337. 

Persons interested in being placed on 

a mailing list for future NPRM’s should 

contact the FAA’s Office of Rulemaking, 

(202) 267–9677, to request a copy of 

Advisory circular No. 11–2A, Notice of 

Proposed Rulemaking distribution 

System, which describes the application 

procedure. 

The Proposal 

The FAA is considering an 

amendment to Title 14, Code of Federal 

Regulations (14 CFR) part 71 to remove 

Class E airspace extending upward from 

700 feet above the surface at Clinton 

County Airport, Plattsburgh, NY, due to 

the airport’s closure. Class E airspace 

extending upward from 700 feet above 

the surface would be established within 

a 12.6-mile radius of Plattsburgh 

International Airport, Plattsburgh, NY to 

support new Standard Instrument 

Approach Procedures developed at the 

airport. The Clinton County Airport has 

closed, requiring airspace reorganization 

in the Plattsburgh, NY area, and for the 

continued safety and management of 

IFR operations. 

Class E airspace designations are 

published in Paragraph 6005 of FAA 

Order 7400.9W, dated August 8, 2012, 

and effective September 15, 2012, which 

is incorporated by reference in 14 CFR 

71.1. The Class E airspace designation 

listed in this document will be 

published subsequently in the Order. 

The FAA has determined that this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. It, 

therefore, (1) Is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866; (2) is not a ‘‘significant 

rule’’ under DOT Regulatory Policies 

and Procedures (44 FR 11034; February 

26, 1979); and (3) does not warrant 

preparation of a Regulatory Evaluation 

as the anticipated impact is so minimal. 

Since this is a routine matter that only 

affects air traffic procedures and air 

navigation, it is certified that this 

proposed rule, when promulgated, does 

not have a significant economic impact 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

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. This proposed 

rulemaking is promulgated under the 

authority described in Subtitle VII, Part, 

A, Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This proposed regulation is 

within the scope of that authority as it 


emcdonald on DSK67QTVN1PROD with PROPOSALS