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: 


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

(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 


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