3046 Federal Register / Vol. 90, No. 8 / Tuesday, January 14, 2025 / Proposed Rules 

to instantaneous NSF fees. Commenters 

discussed the CFPB’s reading of the 

abusive standard, but those comments 

raised mostly policy-based concerns and 

did not seriously grapple with the 

CFPB’s interpretation of the statutory 

language. For example, commenters did 

not give a plausible, much less superior, 

alternative textual readings of the 

abusive standard that justified imputing 

the ‘‘reasonable consumer’’ test for 

unfair practices to the statutory lack of 

understanding standard. Commenters 

did not suggest that lack of 

understanding of ‘‘costs’’ or 

‘‘conditions’’ require, as a textual 

matter, an assessment of probabilities or 

likelihood or magnitude of harm. And 

commenters did not raise specific 

counter-arguments supporting the 

notion that the CFPB should, statutorily, 

only pursue regulations under its 

abusive authority if consumers lack 

understanding of ‘‘general’’ risk, as 

opposed to when consumers lack 

understanding of individual risks, costs, 

or conditions. 

Commenters did suggest that the 

CFPB’s reading of the statute as 

prohibiting practices distinct from those 

prohibited by the unfairness and 

deception standards would have broad 

policy consequences. However, 

Congress has already spoken on these 

issues of policy; the legislative history 

and statutory text make clear that 

Congress intended the existence of an 

additional and distinct standard 

prohibiting abusive practices. 

Furthermore, the CFPB does not agree 

that law-abiding companies have to be 

allowed to take unreasonable advantage 

of consumer’s lack of understanding in 

order to operate in a fair market 

economy. While consumers may not be 

expected to understand every element of 

a financial transaction, law-abiding 

companies do not take unreasonable 

advantage of a lack of understanding to 

profit unreasonably. For that reason, the 

CFPB continues to operate with an 

understanding of the abusive conduct 

standard consistent with the 2023 

Abusive Policy Statement as well as the 

clarifications with respect to the payday 

rule discussed in the proposal. 

III. Withdrawal of the Proposed Rule 

The proposed rule would have 

applied the analysis summarized above 

in section II.A. only to NSF fees charged 

for transactions that were 

instantaneously or nearly 

instantaneously declined. The stated 

purpose for this limited-scope proposal 

was that because technological advances 

might eventually make instantaneous 

payments ubiquitous, it was important 

to proactively set regulations to protect 

consumers from abusive practices that 

could emerge. 

However, as explained above, a 

number of comments highlighted that 

NSF fees for transactions not covered by 

the rule could also be abusive, such as 

fees for recurring Automated Clearing 

House (ACH) transactions. These fees 

are much more common under current 

market conditions than fees on 

instantaneous payments. Some 

comments suggested that the proposed 

abusive conduct analysis be extended to 

transactions not covered by the 

proposed rule. 

In light of the comments received and 

upon further consideration, the CFPB 

has reason to believe that practices 

involving the charging of NSF fees on 

other types of transactions may also be 

abusive for reasons similar to those 

discussed in the proposal. However, the 

prevalence, nature, and extent of harms 

from these non-instantaneous NSF fees 

were outside of the scope of the 

proposal and were not the focus of the 

proposed rule’s evidence or analysis. 

Accordingly, the CFPB has determined 

that it would be a prudent use of its 

rulemaking and market monitoring 

resources to withdraw this rulemaking 

and to consider whether consumers 

similarly lack understanding of other 

NSF fees to determine whether a 

broader rulemaking would be 

appropriate. 

IV. Applicable Date 

The notice of proposed rulemaking 

published in the Federal Register at 89 

FR 6031 on January 31, 2024, is 

withdrawn as of January 14, 2025. 

Authority and Issuance 

For the reasons set forth above, the 

CFPB uses its discretion to withdraw 

the proposed rule on NSF fees for 

instantaneously declined transactions 

published in the Federal Register on 

January 31, 2024. 

Rohit Chopra, 

Director, Consumer Financial Protection 

Bureau. 

[FR Doc. 2024–31385 Filed 1–13–25; 8:45 am] 

BILLING CODE 4810–AM–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2024–2555; Project 

Identifier AD–2024–00214–R] 

RIN 2120–AA64 

Airworthiness Directives; Siam Hiller 

Holdings, Inc, Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for 

Siam Hiller Holdings, Inc. (Siam Hiller), 

Model UH–12E (Army OH–23G and H– 

23F) and UH–12E–L helicopters. This 

proposed AD was prompted by reports 

of cracks found in a main rotor (M/R) 

transmission drive shaft (drive shaft). 

This proposed AD would require 

inspecting certain M/R drive shafts for 

a crack, prohibit installing certain M/R 

drive shafts unless the inspection is 

done, and prohibit using certain paint 

removers. The FAA is proposing this 

AD to address the unsafe condition on 

these products. 

DATES: The FAA must receive comments 

on this proposed AD by February 28, 

2025. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: • Federal eRulemaking Portal: Go to 

regulations.gov. Follow the instructions 

for submitting comments. • Fax: 202–493–2251. • Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE, 

Washington, DC 20590. • Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. AD Docket: You may examine the AD 

docket at regulations.gov under Docket 

No. FAA–2024–2555; or in person at 

Docket Operations between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. The AD docket 

contains this NPRM, any comments 

received, and other information. The 

street address for Docket Operations is 

listed above. 

Other Related Material: For Hiller 

Aircraft Corporation material identified 

in this proposed AD, contact Hiller 

Aircraft Corporation, 925 M Street, 

Firebaugh, CA 93622; phone: (559) 659– 

5959; or website: hilleraircraft

corporation.com/. 


khammond on DSK9W7S144PROD with PROPOSALS
Federal Register / Vol. 90, No. 8 / Tuesday, January 14, 2025 / Proposed Rules 3047 

FOR FURTHER INFORMATION CONTACT: 

Calvin L. Hang, Aviation Safety 

Engineer, FAA, 3960 Paramount 

Boulevard, Lakewood, CA 90712; 

phone: (562) 627–5254; email: 

Calvin.L.Hang@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA invites you to send any 

written relevant data, views, or 

arguments about this proposal. Send 

your comments to an address listed 

under the ADDRESSES section. Include 

‘‘Docket No. FAA–2024–2555; Project 

Identifier AD–2024–00214–R’’ at the 

beginning of your comments. The most 

helpful comments reference a specific 

portion of the proposal, explain the 

reason for any recommended change, 

and include supporting data. The FAA 

will consider all comments received by 

the closing date and may revise this 

proposal because of those comments. 

Except for Confidential Business 

Information (CBI) as described in the 

following paragraph, and other 

information as described in 14 CFR 

11.35, the FAA will post all comments 

received, without change, to 

regulations.gov, including any personal 

information you provide. The agency 

will also post a report summarizing each 

substantive verbal contact received 

about this NPRM. 

Confidential Business Information 

CBI is commercial or financial 

information that is both customarily and 

actually treated as private by its owner. 

Under the Freedom of Information Act 

(FOIA) (5 U.S.C. 552), CBI is exempt 

from public disclosure. If your 

comments responsive to this NPRM 

contain commercial or financial 

information that is customarily treated 

as private, that you actually treat as 

private, and that is relevant or 

responsive to this NPRM, it is important 

that you clearly designate the submitted 

comments as CBI. Please mark each 

page of your submission containing CBI 

as ‘‘PROPIN.’’ The FAA will treat such 

marked submissions as confidential 

under the FOIA, and they will not be 

placed in the public docket of this 

NPRM. Submissions containing CBI 

should be sent to Calvin L. Hang, 

Aviation Safety Engineer, FAA, 3960 

Paramount Boulevard, Lakewood, CA 

90712; phone: (562) 627–5254; email: 

Calvin.L.Hang@faa.gov. Any 

commentary that the FAA receives 

which is not specifically designated as 

CBI will be placed in the public docket 

for this rulemaking. 

Background 

The FAA received a report of two 

cracks in an M/R drive shaft that were 

found during an inspection involving a 

Siam Hiller Model UH–12E helicopter. 

These cracks resulted from hydrogen 

embrittlement, possibly due to improper 

baking after the electroplating process, 

and certain paint strippers exploiting 

galvanic potential between the steel and 

cadmium. Since the affected part may 

also be installed on Model UH–12E–L 

helicopters, this model helicopter is also 

affected by this unsafe condition. 

Accordingly, this proposed AD would 

require inspecting certain M/R drive 

shafts for a crack, prohibit installing 

certain M/R drive shafts unless the 

inspection is done, and prohibit using 

certain paint removers. This condition, 

if not addressed, could result in could 

result in loss of the M/R drive shaft and 

subsequent loss of control of the 

helicopter. 

FAA’s Determination 

The FAA is issuing this NPRM after 

determining that the unsafe condition 

described previously is likely to exist or 

develop on other products of the same 

type design. 

Other Related Material 

The FAA reviewed Hiller Aircraft 

Corporation UH–12E Series Helicopters, 

Main Rotor Transmission Assembly, 

Overhaul Manual 63–20, dated June 01, 

2015. This material specifies overhaul 

procedures for the M/R transmission 

assemblies. 

Proposed AD Requirements in This 

NPRM 

This proposed AD would require, 

with the M/R drive shaft removed, 

removing the coatings from all surfaces 

of the M/R drive shaft by using certain 

paint strippers, hydrogen embrittlement 

relief baking the M/R drive shaft, and 

performing a magnetic particle 

inspection of the M/R drive shaft for a 

crack. Depending on the results of the 

magnetic particle inspection, this 

proposed AD would require removing 

the M/R drive shaft from service and 

installing an airworthy part. This 

proposed AD would also prohibit 

installing an affected M/R drive shaft on 

any helicopter unless the actions 

required by this proposed AD have been 

accomplished and prohibit using certain 

paint removers on the M/R drive shaft. 

Costs of Compliance 

The FAA estimates that this AD, if 

adopted as proposed, would affect 110 

helicopters of U.S. registry. Labor costs 

are estimated at $85 per work-hour. 

Based on these numbers, the FAA 

estimates the following costs to comply 

with this proposed AD. 

Removing the coatings, hydrogen 

embrittlement relief baking, and 

magnetic particle inspecting the M/R 

drive shaft would take 5 work-hours and 

parts would cost $500 for an estimated 

cost of $925 per helicopter and $101,750 

for the U.S. fleet. If required, replacing 

the M/R drive shaft would take 5 workhours and parts would cost $15,000 for 

an estimated cost of $15,425 per 

helicopter. 

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. 

The FAA is 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 

The FAA 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 above, I 

certify this proposed regulation: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

(2) Would not affect intrastate 

aviation in Alaska, and 

(3) Would not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 


khammond on DSK9W7S144PROD with PROPOSALS
3048 Federal Register / Vol. 90, No. 8 / Tuesday, January 14, 2025 / Proposed Rules 

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: 

Siam Hiller Holdings, Inc.: Docket No. FAA– 

2024–2555; Project Identifier AD–2024– 

00214–R. 

(a) Comments Due Date 

The FAA must receive comments on this 

airworthiness directive (AD) by February 28, 

2025. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD Applies to Siam Hiller Holdings, 

Inc., Model UH–12E (Army OH–23G and H– 

23F) and UH–12E–L helicopters, certificated 

in any category, with a main rotor (M/R) 

transmission drive shaft (drive shaft) having 

part number (P/N) 23600, installed. 

Note 1 to paragraph (c): Hiller Aircraft 

Corporation material refers to an M/R drive 

shaft as a transmission M/R mast and M/R 

drive shaft, interchangeably. 

(d) Subject 

Joint Aircraft System Component (JASC) 

Code 6230, Main Rotor Mast/Swashplate. 

(e) Unsafe Condition 

This AD was prompted by reports of cracks 

in the M/R drive shaft. The FAA is issuing 

this AD to address non-conforming parts and 

the use of improper paint stripper; and detect 

cracking of the M/R drive shaft. The unsafe 

condition, if not addressed, could result in 

separation of the M/R drive shaft and M/R 

blades from the helicopter and subsequent 

loss of control of the helicopter. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Required Actions 

For an M/R drive shaft that has 

accumulated 1,200 or more total hours timein-service (TIS) or 4 or more years since new, 

or at the next overhaul of the M/R 

transmission assembly after the effective date 

of this AD, whichever occurs first, with the 

M/R drive shaft removed, inspect the M/R 

drive shaft by accomplishing the actions 

required by paragraphs (g)(1) through (3) of 

this AD. 

(1) Remove all coatings from all surfaces of 

the M/R drive shaft by using paint stripper 

TT–R–248B or TT–R–2918A Type I. 

(2) Hydrogen embrittlement relief bake the 

M/R drive shaft for 24 hours minimum at 

375 °F ± 25 °F. 

(3) Magnetic particle inspect all surfaces of 

the M/R drive shaft for a crack. This magnetic 

particle inspection must be accomplished by 

a Level II or Level III inspector certified in 

the FAA-acceptable standards for 

nondestructive inspection personnel. If there 

is a crack, before further flight, remove the 

M/R drive shaft from service and install an 

airworthy M/R drive shaft. 

Note 2 to paragraph (g)(3): Advisory 

Circular 65–31B contains examples of FAAacceptable Level II and Level III qualification 

standards criteria for inspection personnel 

doing nondestructive test inspections. 

Note 3 to paragraph (g): Hiller Aircraft 

Corporation Main Rotor Transmission 

Assembly Overhaul Manual, Manual 63–20, 

for UH–12E Series Helicopters, accepted May 

6, 2015, contains additional information 

pertaining to inspecting the M/R drive shaft. 

(h) Parts Installation Limitations 

(1) As of the effective date of this AD, do 

not install an M/R drive shaft having P/N 

23600 on any helicopter unless the actions 

required by paragraphs (g)(1) through (3) of 

this AD have been accomplished. 

(2) As of the effective date of this AD, do 

not use any other paint stripper other than 

TT–R–248B or TT–R–2918A Type I to 

remove coatings from all areas of the M/R 

drive shaft. 

(i) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, West Certification 

Branch, FAA, has the authority to approve 

AMOCs for this AD, if requested using the 

procedures found in 14 CFR 39.19. In 

accordance with 14 CFR 39.19, send your 

request to your principal inspector or local 

Flight Standards District Office, as 

appropriate. If sending information directly 

to the manager of the West Certification 

Branch, send it to the attention of the person 

identified in paragraph (j)(1) of this AD. 

Information may be emailed to: AMOC@

faa.gov. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. 

(j) Additional Information 

(1) For more information about this AD, 

contact Calvin L. Hang, Aviation Safety 

Engineer, FAA, 3960 Paramount Boulevard, 

Lakewood, CA 90712; phone: (562) 627– 

5254; email: Calvin.L.Hang@faa.gov. 

(2) For Hiller Aircraft Corporation material 

identified in this AD that is not incorporated 

by reference, contact Hiller Aircraft 

Corporation, 925 M Street, Firebaugh, CA 

93622; phone: (559) 659–5959; or website: 

hilleraircraftcorporation.com/. 

(3) For advisory circular material identified 

in this AD that is not incorporated by 

reference, go to faa.gov/regulations_policies/ 

advisory_circulars/index.cfm/go/ 

document.information/documentID/1023552. 

(k) Material Incorporated by Reference 

None. 

Issued on December 9, 2024. 

Victor Wicklund, 

Deputy Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2025–00588 Filed 1–13–25; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

DEPARTMENT OF THE TREASURY 

19 CFR Parts 10, 101, 128, 143, 145 

[USCBP–2025–0002] 

RIN 1685–AA01 (Formerly RIN 1515–AE84) 

Entry of Low-Value Shipments 

AGENCY: U.S. Customs and Border 

Protection, Department of Homeland 

Security; Department of the Treasury. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This document proposes 

amendments to the U.S. Customs and 

Border Protection (CBP) regulations 

pertaining to the entry of certain lowvalue shipments not exceeding $800 

that are eligible for an administrative 

exemption from duty and tax. 

Specifically, CBP proposes to create a 

new process for entering low-value 

shipments, allowing CBP to target highrisk shipments more effectively, 

including those containing synthetic 

opioids such as illicit fentanyl. This 

document also proposes to revise the 

current process for entering low-value 

shipments to require additional data 

elements that would assist CBP in 

verifying eligibility for duty- and taxfree entry of low-value shipments and 

bona-fide gifts. 

DATES: Comments must be received by 

March 17, 2025. 

ADDRESSES: Please submit comments, 

identified by docket number, by the 

following method: 

• Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

instructions for submitting comments 

via docket number USCBP–2025–0002. 

Instructions: All submissions received 

must include the agency name and 

docket number for this rulemaking. All 

comments received will be posted 

without change to https://

www.regulations.gov, including any 

personal information provided. 

Comments must be submitted in 

English, or an English translation must 

be provided. 


khammond on DSK9W7S144PROD with PROPOSALS