### 15876 Federal Register / Vol. 78, No. 49 / Wednesday, March 13, 2013 / Rules and Regulations

(ii) EADS SOGERMA Inspection Service Bulletin 2510112–25–898, dated April 25,
2012.

(3) For Airbus service information identified in this AD, contact Airbus SAS –EAW (Airworthiness Office), 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; email account.airwortheas@airbus.com; Internet http:// www.airbus.com.

(4) For EADS SOGERMA service information identified in this AD, contact EADS SOGERMA, Zone Industrielle de l’Arsenal, CS. 60109, 17303 Rochefort, Cedex France; phone: 33 5 46 82 84 84; fax: 33 5 46 82 88 13; email: SCOD1@sogerma.eads.net; Internet: http:// www.sogerma.eads.net.

(5) You may review copies of the service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221.

(6) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http:// www.archives.gov/federal-register/cfr/ibr-l ocations.html.

Issued in Renton, Washington, on February 21, 2013. Jeffrey E. Duven, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2013–04628 Filed 3–12–13; 8:45 am]

**BILLING CODE 4910–13–P**

**DEPARTMENT OF TRANSPORTATION**

**Federal Aviation Administration**

**14 CFR Part 121**

**[Docket No. FAA–2009–0675; Amendment No. 121–363]** 

**RIN 2120–AJ43**

**Activation of Ice Protection**

**AGENCY :**  Federal Aviation Administration, DOT.

**ACTION :**  Final rule; technical amendment.

**SUMMARY :**  The FAA is correcting a final rule published on August 22, 2011 (76 FR 52241). In that rule, the FAA amended its regulations to create new operating rules for flight in icing conditions. This document corrects an error in the amendatory language of the final rule which inadvertently led to the omission of the new section from the Code of Federal Regulations.

**DATES :**  Effective March 13, 2013.

**FOR FURTHER INFORMATION CONTACT :**  For operational questions, contact Charles J. Enders, Air Carrier Operations Branch, AFS–220, Flight Standards Service, Federal Aviation Administration, 800 Independence Ave. SW., Washington, DC 20591; telephone (202) 493–1422; facsimile (202) 267–5229; email Charles.J.Enders@faa.gov.

For aircraft certification questions, contact Robert Jones, Propulsion/ Mechanical Systems Branch, ANM–112, Federal Aviation Administration, 1601 Lind Avenue SW., Renton, WA 98057– 3356; telephone (425) 227–1234; facsimile (425) 227–1007; email Robert.C.Jones@faa.gov.

For legal questions concerning this action, contact Doug Anderson, Office of Regional Counsel, Federal Aviation Administration, 1601 Lind Avenue SW., Renton, WA 98057–3356; telephone (425) 227–2166; facsimile (425) 227– 1007; email Douglas.Anderson@faa.gov.

**SUPPLEMENTARY INFORMATION :**  Background

On August 22, 2011, the FAA published a final rule entitled, ‘‘Activation of Ice Protection,’’ (76 FR 52241).

In that final rule the FAA added operating rules for flight in icing conditions. For certain airplanes certificated for flight in icing, the new standards require either installation of ice detection equipment or changes to the airplane flight manual to ensure timely activation of the airframe icing protection system. The FAA inadvertently wrote the amendatory language incorrectly to say that we were revising § 121.321 when, in fact, we were creating that section and adding it to the CFR.

The Technical Amendment

This technical amendment corrects the amendatory language of the final rule to indicate that § 121.321 is being added, not revised.

Because the change in this technical amendment results in no substantive change, we find good cause exists under 5 U.S.C. 553(d)(3) to make the amendment effective in less than 30 days.
List of Subjects in 14 CFR Part 121

Air carriers, Aircraft, Aviation safety, Reporting and recordkeeping requirements.

The Amendment

In consideration of the foregoing, the Federal Aviation Administration amends Chapter I of Title 14, Code of Federal Regulations, as follows: **PART 121—OPERATING REQUIREMENTS: DOMESTIC, FLAG,**  **AND SUPPLEMENTAL OPERATIONS**

■ 1. The authority citation for part 121 continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 40119, 41706, 44101, 44701–44702, 44705, 44709– 44711, 44713, 44716–44717, 44722, 44901, 44903–44904, 44912, 45101–45105, 46105,
46301.

■ 2. Add new § 121.321 to read as follows:

**§ 121.321 Operations in icing.**

After October 21, 2013, no person may operate an airplane with a certificated maximum takeoff weight less than 60,000 pounds in conditions conducive to airframe icing unless it complies with this section. As used in this section, the phrase ‘‘conditions conducive to airframe icing’’ means visible moisture at or below a static air temperature of 5 °C or a total air temperature of 10 °C, unless the approved Airplane Flight Manual provides another definition.

(a) When operating in conditions conducive to airframe icing, compliance must be shown with paragraph (a)(1), or (2), or (3) of this section.

(1) The airplane must be equipped with a certificated primary airframe ice detection system.

(i) The airframe ice protection system must be activated automatically, or manually by the flightcrew, when the primary ice detection system indicates activation is necessary.

(ii) When the airframe ice protection system is activated, any other procedures in the Airplane Flight Manual for operating in icing conditions must be initiated.

(2) Visual cues of the first sign of ice formation anywhere on the airplane and a certificated advisory airframe ice detection system must be provided.

(i) The airframe ice protection system must be activated when any of the visual cues are observed or when the advisory airframe ice detection system indicates activation is necessary, whichever occurs first.

(ii) When the airframe ice protection system is activated, any other procedures in the Airplane Flight Manual for operating in icing conditions must be initiated.

(3) If the airplane is not equipped to comply with the provisions of paragraph (a)(1) or (2) of this section, then the following apply:

(i) When operating in conditions conducive to airframe icing, the airframe ice protection system must be activated prior to, and operated during, the following phases of flight:


### 15877 Federal Register / Vol. 78, No. 49 / Wednesday, March 13, 2013 / Rules and Regulations

(A) Takeoff climb after second segment,

(B) En route climb, (C) Go-around climb, (D) Holding, (E) Maneuvering for approach and landing, and

(F) Any other operation at approach or holding airspeeds.

(ii) During any other phase of flight, the airframe ice protection system must be activated and operated at the first sign of ice formation anywhere on the airplane, unless the Airplane Flight Manual specifies that the airframe ice protection system should not be used or provides other operational instructions.

(iii) Any additional procedures for operation in conditions conducive to icing specified in the Airplane Flight Manual or in the manual required by § 121.133 must be initiated.

(b) If the procedures specified in paragraph (a)(3)(i) of this section are specifically prohibited in the Airplane Flight Manual, compliance must be shown with the requirements of paragraph (a)(1) or (2) of this section.

(c) Procedures necessary for safe operation of the airframe ice protection system must be established and documented in:

(1) The Airplane Flight Manual for airplanes that comply with paragraph (a)(1) or (2) of this section, or

(2) The Airplane Flight Manual or in the manual required by § 121.133 for airplanes that comply with paragraph (a)(3) of this section.

(d) Procedures for operation of the airframe ice protection system must include initial activation, operation after initial activation, and deactivation. Procedures for operation after initial activation of the ice protection system must address—

(1) Continuous operation, (2) Automatic cycling, (3) Manual cycling if the airplane is equipped with an ice detection system that alerts the flightcrew each time the ice protection system must be cycled, or

(4) Manual cycling based on a time interval if the airplane type is not equipped with features necessary to implement (d)(1)–(3) of this section.

(e) System installations used to comply with paragraph (a)(1) or (a)(2) of this section must be approved through an amended or supplemental type certificate in accordance with part 21 of this chapter.

Issued in Washington, DC, on March 7,
2013. Lirio Liu, Director, Office of Rulemaking.
[FR Doc. 2013–05791 Filed 3–12–13; 8:45 am]

**BILLING CODE 4910–13–P DEPARTMENT OF THE TREASURY** 

**Internal Revenue Service**

**26 CFR Part 48**

**[TD 9604]**

**RIN 1545–BJ44**

**Taxable Medical Devices; Correction**

**AGENCY :**  Internal Revenue Service (IRS), Treasury.

**ACTION :**  Correction to final regulations.

**SUMMARY :**  This document contains corrections to final regulations (TD 9604) that were published in the Federal Register on Friday, December 7, 2012 (77 FR 72924). The final regulations provide guidance on the excise tax imposed on the sale of certain medical devices, enacted by the Health Care and Education Reconciliation Act of 2010 in conjunction with the Patient Protection and Affordable Care Act.

**DATES :**  This correction is effective on March 13, 2013 and is applicable after December 31, 2012.

**FOR FURTHER INFORMATION CONTACT :**  Natalie Payne, Michael Beker, or Stephanie Bland, at (202) 622–3130 (not a toll free number).

**SUPPLEMENTARY INFORMATION :**  Background

The final regulations (TD 9604) that are the subject of this correction is under section 4191 of the Internal Revenue Code.

Need for Correction

As published, the final regulations (TD 9604) contain errors that may prove to be misleading and are in need of clarification.

Correction of Publication

Accordingly, the final regulations (TD 9604), that are the subject of FR Doc. 2012–29628, are corrected as follows:

1. On page 72925, column 1, in the preamble, under the paragraph heading ‘‘Background’’, second full paragraph of the column, lines 2 through 9, the language ‘‘regulations identified two issues that the IRS and the Treasury Department will study further and on which the IRS and the Treasury Department have requested additional comments. Those issues are discussed later in this preamble. Comments with regard to those issues should be submitted in’’ is corrected to read ‘‘regulations identified one issue that the IRS and the Treasury Department will study further and on which the IRS and the Treasury Department have requested additional comments. That issue is discussed later in this preamble. Comments with regard to that issue should be submitted in’’.

2. On page 72926, column 2, in the preamble, under the paragraph heading ‘‘Humanitarian Use Devices’’, line 6 from the bottom of the column, the language ‘‘excluding HUDs from the definition of ’’ is corrected to read ‘‘excluding HUDs from the definition of a’’.

3. On page 72927, column 3, under the paragraph heading ‘‘Nonexclusivity of Factors’’, line 4 from the bottom of the column, the language ‘‘the final regulations include seven’’ is corrected to read ‘‘the final regulations include eight’’

4. On page 72928, column 2, under the paragraph heading ‘‘Cost’’, line 6 from the bottom of the column, the language ‘‘used in hospitals, doctors offices and’’ is corrected to read ‘‘used in hospitals, doctors’ offices and’’.

5. On page 72929, column 2, under the paragraph heading ‘‘Documents Submitted for FDA Notification or Approval’’, line 3 from the top of the column, the language ‘‘by the general public for individual use.’’ is corrected to read ‘‘by the general public at retail for individual use.’’

6. On page 72929, column 3, under the paragraph heading ‘‘Capped Rental Devices’’, first full paragraph of the column, line 2, the language ‘‘in consultation with the Center for’’ is corrected to read ‘‘in consultation with the Centers for’’.

7. On page 72930, column 2, under the paragraph heading ‘‘A. Proposed Regulations’’, line 6, the language ‘‘of taxable medical device to the FDA’s’’ is corrected to read ‘‘of a taxable medical device to the FDA’s’’.

8. On page 72931, column 1, under the paragraph heading ‘‘Installment Sales, Leases, and Long-Term Contracts’’, line 3 from the bottom of the column, the language ‘‘Payments made pursuant to a contract’’ is corrected to read ‘‘Payments made on or after January 1, 2013, pursuant to a contract’’.

9. On page 72932, column 2, under the paragraph heading ‘‘Consolidated Form 637 Registration’’, line 3, the language ‘‘effectuate tax-free sales. Several’’ is corrected to read ‘‘effectuate tax-free sales for further manufacture or export. Several’’.

LaNita VanDyke, Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel (Procedure and Administration).
[FR Doc. 2013–05704 Filed 3–12–13; 8:45 am]

**BILLING CODE 4830–01–P**