18224 Federal Register / Vol. 78, No. 58 / Tuesday, March 26, 2013 / Rules and Regulations 

date except for certain instances, 

including when a substantive rule 

grants or recognizes an exemption or 

relieves a restriction. 5 U.S.C. 553(d). As 

this rule relieves a disclosure 

requirement and restriction on charging 

ATM fees, and is therefore a substantive 

rule that relieves requirements and 

restrictions, the Bureau is publishing 

this final rule less than 30 days before 

its effective date. As it is in the public 

interest to make the regulation conform 

to the statute as soon as possible, the 

Bureau is making the final rule effective 

immediately upon publication in the 

Federal Register. 

VI. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

does not apply to a rulemaking where 

general notice of proposed rulemaking 

is not required. 5 U.S.C. 603 and 604. 

As noted previously, the Bureau has 

determined that it is unnecessary to 

publish a general notice of proposed 

rulemaking for this final rule. 

Accordingly the RFA’s requirements 

relating to an initial and final regulatory 

flexibility analysis do not apply. 

VII. Paperwork Reduction Act 

According to the Paperwork 

Reduction Act of 1995 (PRA), 44 U.S.C. 

3501 et seq., and notwithstanding any 

other provisions of law, the Bureau may 

not conduct or sponsor, and a 

respondent is not required to respond 

to, an information collection unless it 

displays a valid Office of Management 

and Budget (OMB) control number. The 

collection of information related to this 

final rule has been previously reviewed 

and approved by the Office of 

Management and Budget (OMB) in 

accordance with the PRA, 44 U.S.C. 

3507(d), and assigned OMB Control 

Number 3170–0014 (Expiration Date 03/ 

31/15). The Bureau determined that this 

final rule would not impose 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 PRA. This 

final rule revises a third-party 

disclosure requirement currently 

approved under the aforementioned 

OMB control number by eliminating the 

requirement that ATMs have an ‘‘on or 

at’’ notice posted disclosing that a 

consumer will or may be charged a fee. 

The Bureau has filed a no material nonsubstantive change request with OMB 

requesting that this third-party 

disclosure requirement be moved from 

OMB control number 3170–0014. 

List of Subjects in 12 CFR Part 1005 

Consumer protection, Electronic 

funds transfers, Reporting and 

recordkeeping requirements, Automated 

teller machines. 

Authority and Issuance 

For the reasons set forth above, the 

Bureau is amending Regulation E, 12 

CFR part 1005, as set forth below: 

PART 1005—ELECTRONIC FUND 

TRANSFERS (REGULATION E) 

■ 1. The authority citation for Part 1005 

continues to read as follows: 

Authority: 12 U.S.C. 5512, 5581; 15 U.S.C. 

1693b. 

■ 2. Amend § 1005.16 by revising 

paragraphs (b) through (d) to read as 

follows: 

§ 1005.16 Disclosures at automated teller 

machines. 

* * * * * 

(b) General. An automated teller 

machine operator that imposes a fee on 

a consumer for initiating an electronic 

fund transfer or a balance inquiry must 

provide a notice that a fee will be 

imposed for providing electronic fund 

transfer services or a balance inquiry 

that discloses the amount of the fee. 

(c) Notice requirement. An automated 

teller machine operator must provide 

the notice required by paragraph (b) of 

this section either by showing it on the 

screen of the automated teller machine 

or by providing it on paper, before the 

consumer is committed to paying a fee. 

(d) Imposition of fee. An automated 

teller machine operator may impose a 

fee on a consumer for initiating an 

electronic fund transfer or a balance 

inquiry only if: 

(1) The consumer is provided the 

notice required under paragraph (c) of 

this section, and 

(2) The consumer elects to continue 

the transaction or inquiry after receiving 

such notice. 

Supplement I to Part 1005 [Amended] 

■ 3. In Supplement I to Part 1005, 

remove Section 1005.16. 

Dated: March 20, 2013. 

Richard Cordray, 

Director, Bureau of Consumer Financial 

Protection. 

[FR Doc. 2013–06861 Filed 3–25–13; 8:45 am] 

BILLING CODE 4810–AM–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–1088; Directorate 

Identifier 2012–SW–005–AD; Amendment 

39–17387; AD 2013–05–15] 

RIN 2120–AA64 

Airworthiness Directives; Robinson 

Helicopter Company Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for 

Robinson Helicopter Company 

(Robinson) Model R44 and R44 II 

helicopters equipped with emergency 

floats. This AD requires replacing the 

inflation valve assembly. This AD was 

prompted by the failure of the 

emergency floats to deploy during a 

factory test because a needle was 

binding within the inflation valve 

assembly. The actions are intended to 

prevent the failure of the floats to inflate 

during an emergency landing. 

DATES: This AD is effective April 30, 

2013. 

ADDRESSES: For service information 

identified in this AD, contact Robinson 

Helicopter Company, 2901 Airport 

Drive, Torrance, CA 90505; telephone 

(310) 539–0508; fax (310) 539–5198; or 

at http://www.robinsonheli.com. You 

may review a copy of the referenced 

service information at the FAA, Office 

of the Regional Counsel, Southwest 

Region, 2601 Meacham Blvd., Room 

663, Fort Worth, Texas 76137. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov or in person at the 

Docket Operations Office between 9 

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

Friday, except Federal holidays. The AD 

docket contains this AD, any 

incorporated-by-reference service 

information, the economic evaluation, 

any comments received, and other 

information. The street address for the 

Docket Operations Office (phone: 800– 

647–5527) is U.S. Department of 

Transportation, Docket Operations 

Office, M–30, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590. 

FOR FURTHER INFORMATION CONTACT: 

Venessa Stiger, Aerospace Engineer, 

Cabin Safety/Mechanical & 

Environmental Systems, Los Angeles 

Aircraft Certification Office, Transport 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 78, No. 58 / Tuesday, March 26, 2013 / Rules and Regulations 18225 

Airplane Directorate, FAA, 3960 

Paramount Blvd., Lakewood, CA 90712– 

4137; telephone (562) 627–5337; email 

venessa.stiger@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

On October 16, 2012, at 77 FR 63260, 

the Federal Register published our 

notice of proposed rulemaking (NPRM), 

which proposed to amend 14 CFR part 

39 to include an AD that would apply 

to Robinson Helicopter Company 

(Robinson) Model R44 and R44 II 

helicopters with emergency floats 

equipped with an inflation valve 

assembly, part number (P/N) D757–1, 

not engraved with ‘‘D758–4’’ or 

modified with modification B900–8, 

and containing a housing assembly, P/ 

N D758–1, Revision C or prior. That 

NPRM proposed to require replacing the 

inflation valve assembly because the 

emergency floats failed to deploy during 

a factory test. The proposed 

requirements were intended to prevent 

the failure of the floats to inflate during 

an emergency landing. 

Comments 

We gave the public the opportunity to 

participate in developing this AD, but 

we received no comments on the NPRM 

(77 FR 63260, October 16, 2012). 

FAA’s Determination 

We have reviewed the relevant 

information and determined that an 

unsafe condition exists and is likely to 

exist or develop on other products of 

these same type designs and that air 

safety and the public interest require 

adopting the AD requirements as 

proposed. 

Related Service Information 

We have reviewed Robinson R44 

Service Bulletin SB–80, dated 

September 7, 2011 (SB), which 

describes procedures for upgrading 

certain valve assemblies within the next 

250 flight hours or by June 30, 2012, 

whichever occurs first. The SB reports 

that during a factory test of pop-out 

emergency floats the floats failed to 

inflate because of a stuck cylinder valve. 

Differences Between This AD and the 

Service Information 

This AD requires replacing the 

inflation valve assembly within 1 year 

or 500 hours TIS, whichever occurs 

first. The SB specifies replacing the 

assembly within 250 flight hours or by 

June 30, 2012, whichever occurs first. 

We used the Monitor Safety/Analyze 

Data (MSAD) process and were able to 

predict when the next occurrence would 

likely occur if no repairs were 

completed. 

Costs of Compliance 

We estimate that this AD affects 165 

helicopters of U.S. Registry and that the 

labor cost averages $85 per work-hour. 

Based on these assumptions, we 

estimate that replacing the inflation 

valve assembly takes 2.5 work-hours for 

a labor cost of about $213. Parts cost 

$850 to $955 for a total cost per 

helicopter of $1,063 to $1,168. 

According to Robinson’s service 

information, some or all of the costs of 

this AD may be covered under warranty, 

thereby reducing the cost impact on 

affected individuals. We do not control 

warranty coverage. Accordingly, we 

have included all costs in our cost 

estimate. 

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 

This AD will not have federalism 

implications under Executive Order 

13132. This AD will 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 above, I 

certify that this AD: 

(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); 

(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 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. 

Adoption of the Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 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): 

2013–05–15 Robinson Helicopter Company: 

Amendment 39–17387; Docket No. 

FAA–2012–1088; Directorate Identifier 

2012–SW–005–AD. 

(a) Applicability 

This AD applies to Robinson Helicopter 

Company (Robinson) Model R44 and R44 II 

helicopters with emergency floats equipped 

with an inflation valve assembly, part 

number (P/N) D757–1, not engraved with 

‘‘D758–4’’ or modified with modification 

B900–8, and containing a housing assembly, 

P/N D758–1, Revision C or prior, certificated 

in any category. 

(b) Unsafe Condition 

This AD defines the unsafe condition as 

binding of the needle within the float 

inflation valve assembly, which has resulted 

in the emergency floats failing to inflate. 

(c) Effective Date 

This AD becomes effective April 30, 2013. 

(d) 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. 

(e) Required Actions 

Within 1 year or 500 hours time-in-service 

(TIS), whichever occurs first, replace the 

inflation valve assembly with an airworthy 

inflation valve assembly, P/N D757–1R. 

(f) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Los Angeles Aircraft 

Certification Office, FAA, may approve 

AMOCs for this AD. Send your proposal to: 

Venessa Stiger, Aerospace Engineer, Cabin 

Safety/Mechanical & Environmental Systems, 

Los Angeles Aircraft Certification Office, 


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18226 Federal Register / Vol. 78, No. 58 / Tuesday, March 26, 2013 / Rules and Regulations 

Transport Airplane Directorate, FAA, 3960 

Paramount Blvd., Lakewood, CA 90712– 

4137; telephone (562) 627–5337; email 

venessa.stiger@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. 

(g) Additional Information 

Robinson R44 Service Bulletin SB–80, 

dated September 7, 2011, which is not 

incorporated by reference, contains 

additional information about the subject of 

this AD. For service information identified in 

this AD, contact Robinson Helicopter 

Company, 2901 Airport Drive, Torrance, CA 

90505; telephone (310) 539–0508; fax (310) 

539–5198; or at http://www.robinsonheli.

com/servelib.htm. You may review a copy of 

this service information at the FAA, Office of 

the Regional Counsel, Southwest Region, 

2601 Meacham Blvd., Room 663, Fort Worth, 

Texas 76137. 

(h) Subject 

Joint Aircraft Service Component (JASC) 

Code: 3212, Emergency Flotation Section. 

Issued in Fort Worth, Texas, on March 6, 

2013. 

Lance T. Gant, 

Acting Directorate Manager, Rotorcraft 

Directorate, Aircraft Certification Service. 

[FR Doc. 2013–06297 Filed 3–25–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0890; Directorate 

Identifier 2011–SW–019–AD; Amendment 

39–17388; AD 2013–05–16] 

RIN 2120–AA64 

Airworthiness Directives; Hughes 

Helicopters, Inc., and McDonnell 

Douglas Helicopter Systems (Type 

Certificate Is Currently Held by MD 

Helicopters, Inc.) Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for MD 

Helicopters, Inc. (MDHI) Model 369D, 

369E, 369F, and 369FF helicopters with 

certain serial-numbered tailboom 

assemblies. This AD requires measuring 

the distance between aft longeron rivets 

and the outboard edge of frame rings. If 

the distance is too short to ensure a safe 

flight, the AD requires installing a 

doubler. This AD was prompted by the 

discovery of short-edge margin 

conditions on two tailboom assemblies. 

The actions are intended to detect a 

short-edge margin condition, prevent 

failure of the tailboom and loss of 

control of the helicopter. 

DATES: This AD is effective April 30, 

2013. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain documents listed in this AD 

as of April 30, 2013. 

ADDRESSES: For service information 

identified in this AD, contact MD 

Helicopters Inc., Attn: Customer 

Support Division, 4555 E. McDowell 

Road, Mail Stop M615, Mesa, AZ 

85215–9734, telephone 1–800–388– 

3378, fax 480–346–6813, or at http:// 

www.mdhelicopters.com. You may 

review a copy of the referenced service 

information at the FAA, Office of the 

Regional Counsel, Southwest Region, 

2601 Meacham Blvd., Room 663, Fort 

Worth, Texas 76137. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov or in person at the 

Docket Operations Office between 9 

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

Friday, except Federal holidays. The AD 

docket contains this AD, any 

incorporated-by-reference service 

information, the economic evaluation, 

any comments received, and other 

information. The street address for the 

Docket Operations Office (phone: 800– 

647–5527) is U.S. Department of 

Transportation, Docket Operations 

Office, M–30, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590. 

FOR FURTHER INFORMATION CONTACT: John 

Cecil, Aerospace Engineer, FAA, Los 

Angeles Certification Office, Airframe 

Branch, 3960 Paramount Blvd., 

Lakewood, California 90712–4137, 

telephone (562) 627–5228, fax (562) 

627–5210, email john.cecil@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

On August 29, 2012, at 77 FR 52264, 

the Federal Register published our 

notice of proposed rulemaking (NPRM), 

which proposed to amend 14 CFR part 

39 to include an AD that would apply 

to the specified MDHI helicopters with 

certain serial-numbered tailboom 

assemblies installed. Customers 

returned two tailboom assemblies to the 

manufacturer that contained an 

improperly installed frame ring at 

station 209.78. The frame rings were 

installed with too short a distance 

between an aft longeron rivet and the 

outboard edge of the frame ring. This is 

known as a short-edge margin 

condition. That NPRM proposed to 

require that within 6 months or 100 

hours time-in-service, whichever occurs 

first, measuring the distance from the aft 

face of the station 209.78 frame ring to 

the center of the rivet No. 1 and rivet 

No. 2 at the four locations where the 

frame ring attaches to the tailboom 

longeron. If either the No. 1 or No. 2 aft 

rivet at a frame-ring-to-tailboomlongeron location is more than 0.50 

inches (12.7 millimeters) from the aft 

face of the station 209.78 frame ring, 

before further flight, the AD proposed to 

modify that location by fabricating and 

installing a doubler over the location. 

The proposed requirements were 

intended to prevent failure of the 

tailboom and loss of control of the 

helicopter. 

Comments 

We gave the public the opportunity to 

participate in developing this AD, but 

we received no comments on the NPRM 

(77 FR 52264, August 29, 2012). 

FAA’s Determination 

We have reviewed the relevant 

information and determined that an 

unsafe condition exists and is likely to 

exist or develop on other products of 

these same type designs and that air 

safety and the public interest require 

adopting the AD requirements as 

proposed. 

Related Service Information 

MDHI has issued one Service Bulletin 

(SB), dated July 20, 2010, with three 

numbers: SB No. SB369D–207 for the 

Model 369D helicopters, SB No. 

SB369E–102 for the Model 369E 

helicopters, and SB No. SB369F–087 for 

the Model 369F and 369FF helicopters. 

The MDHI SB describes procedures for 

measuring the distance from the aft face 

of the station 209.78 canted frame ring 

to the center of the No. 1 and No. 2 aft 

rivet locations on each of the four 

longerons spaced 90 degrees apart 

around the frame ring. If the short-edge 

margin condition exists, the SB specifies 

modifying the tailboom by installing a 

repair doubler at each affected location. 

Costs of Compliance 

We estimate that this AD will affect 

109 helicopters of U.S. Registry and that 

operators will spend $340 for 4 workhours at an average labor cost of $85 per 

work hour to access and measure for a 

short-edge margin condition for a cost of 

$37,060 for the U.S. fleet. 

The on-condition costs for installing 

the doubler are not included in our cost 


tkelley on DSK3SPTVN1PROD with RULES