AD 2024-05-12

27363 Federal Register / Vol. 89, No. 75 / Wednesday, April 17, 2024 / Rules and Regulations 18 See, e.g., Complaint, FTC v. CompuCredit, No. 1:08–cv–1976–BBM–RGV, 34–35 (N.D. Ga. filed June 10, 2008) (alleging that creditor made decisions to limit active credit lines based on behavioral data including shopping at certain disfavored merchants, such as pawn shops and night clubs), https://www.ftc.gov/sites/default/files/ documents/cases/2008/06/080610 compucreditcmplt.pdf; see also Fed. Trade Comm’n, Big Data: A Tool for Inclusion or Exclusion, at 9 (Jan. 2016), https://www.ftc.gov/ system/files/documents/reports/big-data-tool- inclusion-or-exclusion-understanding-issues/ 160106big-data-rpt.pdf (describing use of shopping or other spending behavior to make credit decisions). 19 However, inclusion of such factors in a credit model may be improper for other reasons, including that use of such factors may violate ECOA or other laws if they constitute unlawful discrimination on a prohibited basis. As noted previously, this circular focuses on a creditor’s obligation to accurately and specifically identify the principal reason(s) for adverse action, and not whether any particular type of factor or data otherwise complies with the law. 20 See 12 CFR 1002.2(c) (defining ‘‘adverse action’’). 21 See CFPB, Revocations or Unfavorable Changes to the Terms of Existing Credit Arrangements, 87 FR 30097 (May 18, 2022) (discussing ECOA’s application to changes to existing credit arrangements); see also CFPB, Credit Card Line Decreases (June 29, 2022), https:// www.consumerfinance.gov/data-research/research- reports/credit-card-line-decreases/ (describing industry practices related to credit line decreases and attendant consumer impacts). 22 Consumer Financial Protection Circular 2022– 03. a consumer’s credit line based on behavioral data, such as the type of establishment at which a consumer shops or the type of goods purchased, it would likely be insufficient for the creditor to simply state ‘‘purchasing history’’ or ‘‘disfavored business patronage’’ as the principal reason for adverse action. 18 Instead, the creditor would likely need to disclose more specific details about the consumer’s purchasing history or patronage that led to the reduction or closure, such as the type of establishment, the location of the business, the type of goods purchased, or other relevant considerations, as appropriate. 19 As discussed in an advisory opinion, these requirements under ECOA extend to adverse actions taken in connection with existing credit accounts ( i.e., an account termination or an unfavorable change in the terms of an account that does not affect all or substantially all of a class of the creditor’s accounts 20 ), as well as new applications for credit. 21 The CFPB has also made clear that adverse action notice requirements apply equally to all credit decisions, regardless of whether the technology used to make them involves complex or ‘‘black-box’’ algorithmic models, or other technology that creditors may not understand sufficiently to meet their legal obligations. 22 As data use and credit models continue to evolve, creditors have an obligation to ensure that these models comply with existing consumer protection laws. About Consumer Financial Protection Circulars Consumer Financial Protection Circulars are issued to all parties with authority to enforce Federal consumer financial law. The CFPB is the principal Federal regulator responsible for administering Federal consumer financial law, see 12 U.S.C. 5511, including the Consumer Financial Protection Act’s prohibition on unfair, deceptive, and abusive acts or practices, 12 U.S.C. 5536(a)(1)(B), and 18 other ‘‘enumerated consumer laws,’’ 12 U.S.C. 5481(12). However, these laws are also enforced by State attorneys general and State regulators, 12 U.S.C. 5552, and prudential regulators including the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, and the National Credit Union Administration. See, e.g., 12 U.S.C. 5516(d), 5581(c)(2) (exclusive enforcement authority for banks and credit unions with $10 billion or less in assets). Some Federal consumer financial laws are also enforceable by other Federal agencies, including the Department of Justice and the Federal Trade Commission, the Farm Credit Administration, the Department of Transportation, and the Department of Agriculture. In addition, some of these laws provide for private enforcement. Consumer Financial Protection Circulars are intended to promote consistency in approach across the various enforcement agencies and parties, pursuant to the CFPB’s statutory objective to ensure Federal consumer financial law is enforced consistently. 12 U.S.C. 5511(b)(4). Consumer Financial Protection Circulars are also intended to provide transparency to partner agencies regarding the CFPB’s intended approach when cooperating in enforcement actions. See, e.g., 12 U.S.C. 5552(b) (consultation with CFPB by State attorneys general and regulators); 12 U.S.C. 5562(a) (joint investigatory work between CFPB and other agencies). Consumer Financial Protection Circulars are general statements of policy under the Administrative Procedure Act. 5 U.S.C. 553(b). They provide background information about applicable law, articulate considerations relevant to the Bureau’s exercise of its authorities, and, in the interest of maintaining consistency, advise other parties with authority to enforce Federal consumer financial law. They do not restrict the Bureau’s exercise of its authorities, impose any legal requirements on external parties, or create or confer any rights on external parties that could be enforceable in any administrative or civil proceeding. The CFPB Director is instructing CFPB staff as described herein, and the CFPB will then make final decisions on individual matters based on an assessment of the factual record, applicable law, and factors relevant to prosecutorial discretion. Rohit Chopra, Director, Consumer Financial Protection Bureau. [FR Doc. 2024–08003 Filed 4–16–24; 8:45 am] BILLING CODE 4810–AM–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2023–2233; Project Identifier MCAI–2023–00755–E; Amendment 39–22704; AD 2024–05–12] RIN 2120–AA64 Airworthiness Directives; Rolls-Royce Deutschland Ltd & Co KG AGENCY : Federal Aviation Administration (FAA), DOT. ACTION : Final rule. SUMMARY : The FAA is adopting a new airworthiness directive (AD) for all Rolls-Royce Deutschland Ltd & Co KG (RRD) Model Trent 1000–AE3, Trent 1000–CE3, Trent 1000–D3, Trent 1000– G3, Trent 1000–H3, Trent 1000–J3, Trent 1000–K3, Trent 1000–L3, Trent 1000–M3, Trent 1000–N3, Trent 1000– P3, Trent 1000–Q3, and Trent 1000–R3 engines. This AD is prompted by reports of wear in the combining spill-valve (CSV) assembly of certain hydro- mechanical units (HMUs). This AD requires removing certain HMUs from service and replacing with a serviceable part or modifying the HMU by replacing the CSV assembly, which is an optional terminating action; and prohibits installing certain HMUs unless the HMU is a serviceable part, as specified in a European Union Aviation Safety Agency (EASA) AD, which is incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products. DATES : This AD is effective May 22, 2024. The Director of the Federal Register approved the incorporation by reference VerDate Sep<11>2014 16:02 Apr 16, 2024 Jkt 262001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\17APR1.SGM 17APR1 lotter on DSK11XQN23PROD with RULES1

27364 Federal Register / Vol. 89, No. 75 / Wednesday, April 17, 2024 / Rules and Regulations of a certain publication listed in this AD as of May 22, 2024. ADDRESSES : AD Docket: You may examine the AD docket at regulations.gov under Docket No.FAA–2023–2233; 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 final rule, the mandatory continuing airworthiness information (MCAI), any comments received, and other information. The address for Docket Operations is U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. Material Incorporated by Reference: • For service information identified in this final rule, contact EASA, Konrad- Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999 000; email: ADs@easa.europa.eu . You may find this material on the EASA website at ad.easa.europa.eu . • You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 1200 District Avenue, Burlington, MA 01803. For information on the availability of this material at the FAA, call (817) 222–5110. It is also available at regulations.gov under Docket No. FAA–2023–2233. FOR FURTHER INFORMATION CONTACT : Sungmo Cho, Aviation Safety Engineer, FAA, 2200 South 216th Street, Des Moines, WA 98198; phone: (781) 238– 7241; email: Sungmo.D.Cho@faa.gov . SUPPLEMENTARY INFORMATION : Background The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to all RRD Model Trent 1000– AE3, Trent 1000–CE3, Trent 1000–D3, Trent 1000–G3, Trent 1000–H3, Trent 1000–J3, Trent 1000–K3, Trent 1000–L3, Trent 1000–M3, Trent 1000–N3, Trent 1000–P3, Trent 1000–Q3, and Trent 1000–R3 engines. The NPRM published in the Federal Register on December 6, 2023 (88 FR 84759). The NPRM was prompted by AD 2023–0119, dated June 12, 2023 (EASA AD 2023–0119) (also referred to as the MCAI), issued by EASA, which is the Technical Agent for the Member States of the European Union. The MCAI states that occurrences have been reported of finding wear in the CSV assembly of the HMU. This wear can reduce the fuel flow output when the engine is operated at high-power conditions. To address this unsafe condition, the manufacturer published service information that specifies procedures to remove certain HMUs from service and replace with a serviceable part or modify the HMU by replacing the CSV assembly. The MCAI also specifies an implementation schedule of engine flight-hour limits for replacement of each affected part with a serviceable part and prohibits installation or reinstallation of affected HMUs that have exceeded the allowable engine flight-hour limit unless the HMU is a serviceable part. In the NPRM, the FAA proposed to require removing certain HMUs from service and replacing with a serviceable part or modifying the HMU by replacing the CSV assembly, which is an optional terminating action; and prohibited installing certain HMUs unless the HMU is a serviceable part. The FAA is issuing this AD to address the unsafe condition on these products. You may examine the MCAI in the AD docket at regulations.gov under Docket No. FAA–2023–2233. Discussion of Final Airworthiness Directive Comments The FAA received one comment from Boeing, which supported the NPRM without change. Conclusion These products have been approved by the aviation authority of another country and are approved for operation in the United States. Pursuant to the FAA’s bilateral agreement with this State of Design Authority, it has notified the FAA of the unsafe condition described in the MCAI referenced above. The FAA reviewed the relevant data, considered the comment received, and determined that air safety requires adopting the AD as proposed. Accordingly, the FAA is issuing this AD to address the unsafe condition on these products. Except for minor editorial changes, this AD is adopted as proposed in the NPRM. Related Service Information Under 1 CFR Part 51 The FAA reviewed EASA AD 2023– 0119, which specifies procedures for removing certain part-numbered HMUs from service and replacing with a serviceable part or modifying the HMU by replacing the CSV assembly. The EASA AD also specifies prohibiting installation or reinstallation of an affected HMU on any engine unless the HMU is a serviceable part. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in ADDRESSES . Costs of Compliance The FAA estimates that this AD affects 14 engines installed on airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD. E STIMATED C OSTS Action Labor cost Parts cost Cost per product Cost on U.S. operators Replace the HMU ........................................... 7 work-hours × $85 per hour = $595 ............. $560,000 $560,595 $7,848,330 Operators may modify the HMU to comply with this AD. For modification of the HMU, the FAA estimates the following costs: O PTIONAL COSTS Action Labor cost Parts cost Cost per product Modify the HMU ............................................................ 7 work-hours × $85 per hour = $595 ........................... $168,000 $168,595 VerDate Sep<11>2014 16:02 Apr 16, 2024 Jkt 262001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\17APR1.SGM 17APR1 lotter on DSK11XQN23PROD with RULES1

27365 Federal Register / Vol. 89, No. 75 / Wednesday, April 17, 2024 / Rules and Regulations 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 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) Will not affect intrastate aviation in Alaska and (3) 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. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. 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: Rolls-Royce Deutschland Ltd & Co KG: Amendment 39–22704; Docket No.FAA– 2023–2233; Project Identifier MCAI–2023– 00755–E. (a) Effective Date This airworthiness directive (AD) is effective May 22, 2024. (b) Affected ADs None. (c) Applicability This AD applies to Rolls-Royce Deutschland Ltd & Co KG Model Trent 1000– AE3, Trent 1000–CE3, Trent 1000–D3, Trent 1000–G3, Trent 1000–H3, Trent 1000–J3, Trent 1000–K3, Trent 1000–L3, Trent 1000– M3, Trent 1000–N3, Trent 1000–P3, Trent 1000–Q3, and Trent 1000–R3 engines. (d) Subject Joint Aircraft System Component (JASC) Code 7300, Engine Fuel and Control. (e) Unsafe Condition This AD was prompted by reports of wear in the combining spill-valve assembly of certain hydro-mechanical units. The FAA is issuing this AD to prevent thrust reduction. The unsafe condition, if not addressed, could result in reduced control of the airplane. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Required Actions Except as specified in paragraph (h) of this AD: Perform all required actions within the compliance times specified in, and in accordance with, European Union Aviation Safety Agency (EASA) AD 2023–0119, dated June 12, 2023 (EASA AD 2023–0119). (h) Exceptions to EASA AD 2023–0119 (1) Where EASA AD 2023–0119 requires compliance from its effective date, this AD requires using the effective date of this AD. (2) Where Table 1 of EASA AD 2023–0119 specifies ‘‘26 June 2023;’’ replace that text with ‘‘As of the effective date of this AD.’’ (3) Where Table 1 of EASA AD 2023–0119 specifies ‘‘01 October 2024;’’ replace that text with ‘‘Within 4 months after the effective date of this AD or October 1, 2024, whichever occurs later.’’ (4) Where the service information referenced in EASA AD 2023–0019 specifies to discard certain parts, this AD requires those parts to be removed from service. (5) This AD does not adopt the Remarks paragraph of EASA AD 2023–0119. (i) Definitions For the purposes of this AD, the ‘‘implementation date’’ is defined as the date the applicable engine flight hours (EFH) limit takes effect. (j) Alternative Methods of Compliance (AMOCs) (1) The Manager, AIR–520 Continued Operational Safety 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 AIR–520 Continued Operational Safety Branch, send it to the attention of the person identified in paragraph (k) of this AD and email to: ANE- AD-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. (k) Additional Information For more information about this AD, contact Sungmo Cho, Aviation Safety Engineer, FAA, 2200 South 216th Street, Des Moines, WA 98198; phone: (781) 238–7241; email: sungmo.d.cho@faa.gov . (l) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless the AD specifies otherwise. (i) European Union Aviation Safety Agency (EASA) AD 2023–0119, dated June 12, 2023. (ii) [Reserved] (3) For EASA AD 2023–0119, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999 000; email: ADs@easa.europa.eu. You may find EASA AD 2023–0119 on the EASA website at ad.easa.europa.eu . (4) You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 1200 District Avenue, Burlington, MA 01803. For information on the availability of this material at the FAA, call (817) 222–5110. (5) You may view this material at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ ibr-locations or email fr.inspection@nara.gov . Issued on March 8, 2024. Victor Wicklund, Deputy Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2024–08083 Filed 4–16–24; 8:45 am] BILLING CODE 4910–13–P VerDate Sep<11>2014 16:02 Apr 16, 2024 Jkt 262001 PO 00000 Frm 00009 Fmt 4700 Sfmt 9990 E:\FR\FM\17APR1.SGM 17APR1 lotter on DSK11XQN23PROD with RULES1