Consumer Financial Protection Circular 2023-02: Reopening Deposit Accounts That Consumers Previously Closed

Publisher lists this guidance as withdrawn/rescinded: Consumer Financial Protection Circular 2023-02: Reopening Deposit Accounts That Consumers Previously Closed, 88 FR 33545 (May 24, 2023); withdrawn on May 12, 2025 .

33545 Federal Register/ Vol. 88, No. 100 / Wednesday, May 24, 2023 / Rules and Regulations
§ 430.2 Definitions.
* * * * *
Faucet means a lavatory faucet,
kitchen faucet, metering faucet, or
replacement aerator for a lavatory or
kitchen faucet, excluding low-pressure
water dispensers and pot fillers.
* * * * *
Low-pressure water dispenser means a
terminal fitting that dispenses drinking
water at a pressure of 105 kPA (15 psi)
or less.
* * * * *
Pot filler means a terminal fitting that
can accommodate only a single supply
water inlet, with an articulated arm or
the equivalent that allows the product to
reach to fill vessels when in use and
allows the product to be retracted when
not in use.
* * * * *
■3. Section 430.3 is amended by
revising paragraph (h)(1) to read as
follows:
§ 430.3 Materials incorporated by
reference.
* * * * *
(h) * * *
(1) ASME A112.18.1–2018/CSA
B125.1–2018, (‘‘ASME A112.18.1’’),
Plumbing supply fittings, CSA-
published July 2018; IBR approved for
appendix S to subpart B.
* * * * *
■4. Section 430.23 is amended by
revising paragraphs (s) and (t) to read as
follows:
§ 430.23 Test procedures for the
measurement of energy and water
consumption.
* * * * *
(s) Faucets. Measure the water use for
lavatory faucets, lavatory replacement
aerators, kitchen faucets, and kitchen
replacement aerators, in gallons or liters
per minute (gpm or L/min), in
accordance to section 2.1 of appendix S
of this subpart. Measure the water use
for metering faucets, in gallons or liters
per cycle (gal/cycle or L/cycle), in
accordance to section 2.1 of appendix S
of this subpart.
(t) Showerheads. Measure the water
use for showerheads, in gallons or liters
per minute (gpm or L/min), in
accordance to section 2.2 of appendix S
of this subpart.
* * * * *
■5. Appendix S to subpart B of part 430
is revised to read as follows:
Appendix S to Subpart B of Part 430—
Uniform Test Method for Measuring the
Water Consumption of Faucets and
Showerheads
Note: Manufacturers must use the results of
testing under this appendix to determine
compliance with the relevant standards for
faucets and showerheads at § 430.32(g)(o)
and (p) as those standards appeared in
January 1, 2023 edition of 10 CFR parts 200–
499. Specifically, before November 20, 2023
representations must be based upon results
generated either under this appendix as
codified on June 23, 2023 or under this
appendix as it appeared in the 10 CFR parts
200–499 edition revised as of January 1,
2023. Any representations made on or after
November 20, 2023 must be made based
upon results generated using this appendix
as codified on June 23, 2023.
0. Incorporation by Reference
In § 430.3, DOE incorporated by reference
the entire standard for ASME A112.18.1;
however, only enumerated provisions of
ASME A112.18.1 apply to this appendix, as
follows. In cases in which there is a conflict,
the language of the test procedure in this
appendix takes precedence over the
referenced test standard. Treat precatory
language in ASME A112.18.1 as mandatory.
0.1 ASME A112.18.1:
(a) Section 5.4 ‘‘Flow rate,’’ including
Figure 3 but excluding Table 1 and excluding
sections 5.4.2.3.1(a) and (c), 5.4.2.3.2(b) and
(c), and 5.4.3, as specified in section 2.1 and
2.2 of this appendix;
(b) Section 5.4.2.2(c), as specified in
section 3.1 of this appendix.
(c) Section 5.4.2.2(d), as specified in
sections 2.2 and 3.2 of this appendix.
0.2 [Reserved]
1. Scope
This appendix covers the test requirements
to measure the hydraulic performance of
faucets and showerheads.
2. Flow Capacity Requirements
2.1. Faucets—Measure the water flow rate
for faucets, in gallons per minute (gpm) or
liters per minute (L/min), or gallons per cycle
(gal/cycle) or liters per cycle (L/cycle), in
accordance with the test requirements
specified in section 5.4, Flow Rate, of ASME
A112.18.1. Record measurements at the
resolution of the test instrumentation. Round
each calculation to the same number of
significant digits as the previous step. Round
the final water consumption value to one
decimal place for non-metered faucets, or
two decimal places for metered faucets.
2.2. Showerheads—Measure the water flow
rate for showerheads, in gallons per minute
(gpm) or liters per minute (L/min), in
accordance with the test requirements
specified in section 5.4, Flow Rate, of ASME
A112.18.1. Record measurements at the
resolution of the test instrumentation. Round
each calculation to the same number of
significant digits as the previous step. Round
the final water consumption value to one
decimal place. If using the time/volume
method of section 5.4.2.2(d), position the
container to ensure it collects all water
flowing from the showerhead, including any
leakage from the ball joint.
3. General Instruction for Measuring Flow
Rate
3.1. Using the Fluid Meter Method To
Measure Flow Rate
When measuring flow rate upstream of a
showerhead or faucet using a fluid meter (or
equivalent device) as described in section
5.4.2.2(c) of ASME A112.18.1, ensure the
fluid meter (or equivalent device) meets the
following additional requirements. First,
ensure the fluid meter is rated for the flow
rate range of the product being tested.
Second, when testing showerheads or non-
metering faucets, ensure that the fluid meter
has a resolution for flow rate of at least 0.1
gallons (0.4 liters) per minute. When testing
a metering faucet, ensure that the fluid meter
has a resolution for flow rate of at least 0.01
gallons (0.04 liters) per minute. Third, verify
the fluid meter is calibrated in accordance
with the manufacturer printed instructions.
3.2. Using the Time/Volume Method To
Measure Flow Rate
There are several additional requirements
when measuring flow rate downstream of a
showerhead or faucet as described in section
5.4.2.2(d) of ASME A112.18.1 to measure
flow rate. First, ensure the receiving
container is large enough to contain all the
water for a single test and has an opening
size and/or a partial cover such that loss of
water from splashing is minimized. Second,
conduct the time/volume test for at least one
minute, with the time recorded via a
stopwatch with at least 0.1-second
resolution. Third, measure and record the
temperature of the water using a
thermocouple or other similar device either
at the receiving container immediately after
recording the mass of water, or at the water
in the supply line anytime during the
duration of the time/volume test. Fourth,
measure the mass of water to a resolution of
at least 0.01 lb. (0.005 kg) and normalize it
to gallons based on the specific gravity of
water at the recorded temperature.
[FR Doc. 2023–10847 Filed 5–23–23; 8:45 am]
BILLING CODE 6450–01–P
CONSUMER FINANCIAL PROTECTION
BUREAU
12 CFR Chapter X
Consumer Financial Protection
Circular 2023–02: Reopening Deposit
Accounts That Consumers Previously
Closed
AGENCY: Consumer Financial Protection
Bureau.
ACTION: Consumer financial protection
circular.
SUMMARY: The Consumer Financial
Protection Bureau (CFPB) has issued
Consumer Financial Protection Circular
2023–02, titled, ‘‘Reopening Deposit
Accounts That Consumers Previously
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33546 Federal Register/ Vol. 88, No. 100 / Wednesday, May 24, 2023 / Rules and Regulations
1
USAA Federal Savings Bank, File No. 2019–
BCFP–0001 (Jan. 3, 2019).
2
Depending on the circumstances, reopening a
closed deposit account may also implicate the
CFPA’s prohibition on deceptive or abusive acts or
practices. 12 U.S.C. 5531, 5536. See generally
‘‘Statement of Policy Regarding Prohibition on
Abusive Acts or Practices,’’ 88 FR 21883 (Apr. 12,
2023). This conduct may also violate other
applicable laws, including State law. See, e.g.,
Jimenez v. T.D. Bank, N.A., 2021 WL 4398754, at
*16 (D.N.J., 2021) (private plaintiff stated a claim
for unfair practices under Massachusetts law where
bank allegedly ‘‘either opened a new account in her
name or reopened a previously closed account,
without her knowledge and without seeking or
obtaining her authorization’’ and then charged her
fees).
3
12 U.S.C. 5531(c)(1).
4
See, e.g., F.T.C. v. Wyndham Worldwide Corp.,
799 F.3d 236, 246 (3d Cir. 2015) (interpreting
‘‘substantial injury’’ under the Federal Trade
Commission Act (FTC Act), 15 U.S.C. 45(n), which
uses the same language as the CFPA, 12 U.S.C.
5531(c)(1)).
5
See, e.g., Orkin Exterminating Co. v. Fed. Trade
Comm’n, 849 F.2d 1354, 1365 (11th Cir. 1988)
(interpreting ‘‘substantial injury’’ under the FTC
Act).
Closed.’’ In this circular, the CFPB
responds to the question, ‘‘After
consumers have closed deposit
accounts, if a financial institution
unilaterally reopens those accounts to
process a debit (i.e., withdrawal, ACH
transaction, check) or deposit, can it
constitute an unfair act or practice
under the Consumer Financial
Protection Act (CFPA)?’’
DATES: The Bureau released this circular
on its website on May 10, 2023.
ADDRESSES: Enforcers, and the broader
public, can provide feedback and
comments to Circulars@cfpb.gov.
FOR FURTHER INFORMATION CONTACT:
Terry J. Randall, Senior Counsel for
Policy and Strategy, Office of
Enforcement, at (202) 435–9497. If you
require this document in an alternative
electronic format, please contact CFPB_
Accessibility@cfpb.gov.
SUPPLEMENTARY INFORMATION:
Question Presented
After consumers have closed deposit
accounts, if a financial institution
unilaterally reopens those accounts to
process a debit (i.e., withdrawal, ACH
transaction, check) or deposit, can it
constitute an unfair act or practice
under the Consumer Financial
Protection Act (CFPA)?
Response
Yes. After consumers have closed
deposit accounts, if a financial
institution unilaterally reopens those
accounts to process debits or deposits,
it can constitute an unfair practice
under the CFPA. This practice may
impose substantial injury on consumers
that that they cannot reasonably avoid
and that is not outweighed by
countervailing benefits to consumers or
competition.
Background
Consumers may elect to close a
deposit account for a variety of reasons.
For example, after moving to a new area,
a consumer may elect to use a new
account that they opened with a
different financial institution that has a
branch close to their new home. A
consumer also might close an account
because they are not satisfied with the
account for another reason, such as the
imposition of fees or the adequacy of
customer service.
The process of closing a deposit
account often takes time and effort. For
example, closing an account typically
involves taking steps to bring the
account balance to zero at closure. The
financial institution typically returns
any funds remaining in the account to
the consumer at closure and the
consumer typically must pay any
negative balance at closure. Some
institutions require customers to
provide a certain period of notice (e.g.,
a week) prior to closing the account to
provide time for the financial institution
to process any pending debits or
deposits. Deposit account agreements
typically indicate that the financial
institution may return any debits or
deposits to the account that the
financial institution receives after
closure and faces no liability for failing
to honor any debits or deposits received
after closure.
Sometimes after a consumer
completes all of the steps that the
financial institution requires to initiate
the process of closing a deposit account
and the financial institution completes
the request, the financial institution
unilaterally reopens the closed account
if the institution receives a debit or
deposit to the closed account. Financial
institutions sometimes reopen an
account even if doing so would
overdraw the account, causing the
financial institution to impose overdraft
and non-sufficient funds (NSF) fees.
Financial institutions may also charge
consumers account maintenance fees
upon reopening, even if the consumers
were not required to pay such fees prior
to account closure (e.g., because the
account previously qualified to have the
fees waived).
In addition to subjecting consumers to
fees, when a financial institution
processes a credit through an account
that has reopened, the consumer’s funds
may become available to third parties,
including third parties that do not have
permission to access their funds.
The Consumer Financial Protection
Bureau (CFPB) has brought an
enforcement action regarding the
practice of account reopening under the
CFPA’s prohibition against unfair,
deceptive, or abusive practices.
1
The
CFPB found that a financial institution
engaged in an unfair practice by
reopening deposit accounts consumers
had previously closed without seeking
prior authorization or providing timely
notice. This practice of reopening closed
deposit accounts caused some account
balances to become negative and
potentially subjected consumers to
various fees, including overdraft and
NSF fees. In addition, when the
financial institution reopened an
account to process a deposit, creditors
had the opportunity to initiate debits to
the account and draw down the funds,
possibly resulting in a negative balance
and the accumulation of fees. These
practices resulted in hundreds of
thousands of dollars in fees charged to
consumers. The CFPB concluded that
the institution’s practice of reopening
consumer accounts without obtaining
consumers’ prior authorization and
providing timely notice caused
substantial injury to consumers that was
not reasonably avoidable or outweighed
by any countervailing benefit to
consumers or to competition.
Analysis and Findings
A financial institution’s unilateral
reopening of deposit accounts that
consumers previously closed can
constitute a violation of the CFPA’s
probation on unfair acts or practices.
2

Under the CFPA, an act or practice is
unfair when it causes or is likely to
cause consumers substantial injury that
is not reasonably avoidable by
consumers and the injury is not
outweighed by countervailing benefits
to consumers or to competition.
3

Unilaterally reopening a closed
deposit account to process a debit or
deposit may cause substantial injury to
consumers.
Substantial injury includes monetary
harm, such as fees paid by consumers
due to the unfair practice. Actual injury
is not required; significant risk of
concrete harm is sufficient.
4
Substantial
injury can occur when a small amount
of harm is imposed on a significant
number of consumers.
5

After a consumer has closed a deposit
account, a financial institution’s act of
unilaterally reopening that account
upon receiving a debit or deposit may
cause monetary harm to the consumer.
Financial institutions frequently charge
fees after they reopen an account. For
example, consumers may incur penalty
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33547 Federal Register/ Vol. 88, No. 100 / Wednesday, May 24, 2023 / Rules and Regulations
6
In these circumstances, because there generally
are no benefits to charging fees on reopened
accounts (see countervailing benefits discussion
below), such fees generally would function as
penalty fees which cause substantial injury.
7
See FTC v. Neovi, Inc., 604 F.3d 1150, 1158 (9th
Cir. 2010) (interpreting whether consumer’s injuries
were reasonably avoidable under the FTC Act);
Orkin Exterminating Co., 849 F.2d at 1365–66
(same); American Fin. Servs. Ass’n v. FTC, 767 F.2d
957, 976 (D.C. Cir. 1985) (same).
8
See American Fin. Servs. Ass’n, 767 F.2d at 977
(concluding that certain practices were unfair even
though disclosed and agreed to in agreements
because consumers had no ability to negotiate the
terms of form contracts).
fees
6
when an account that they closed
is reopened by the financial institution
after receiving a debit or deposit. Since
financial institutions typically require a
zero balance to close an account,
reopening a closed account to process a
debit is likely to result in consumers
incurring penalty fees.
In addition to fees, reopening a
consumer’s account to accept a deposit
increases the risk that an unauthorized
third party may gain access to the
consumer’s funds (e.g., a person with
the consumer’s account information
who pulls funds from the account
without the consumer’s authorization).
And if reopening the account
overdraws the account and the
consumer does not repay the amount
owed quickly, the financial institution
may furnish negative information to
consumer reporting companies, which
may make it harder for the consumer to
obtain a deposit account in the future.
Because reopening accounts that the
consumer closed gives rise to these risks
of monetary harm, this practice may
cause substantial injury.
Consumers likely cannot reasonably
avoid this injury.
An injury is not reasonably avoidable
by consumers when consumers cannot
make informed decisions or take action
to avoid that injury. Injury that occurs
without a consumer’s knowledge or
consent, when consumers cannot
reasonably anticipate the injury, or
when there is no way to avoid the injury
even if anticipated, is not reasonably
avoidable.
7

Consumers often cannot reasonably
avoid the risk of substantial injury
caused by financial institutions’ practice
of unilaterally reopening accounts that
consumers previously closed because
they cannot control one or more of the
following circumstances: a third party’s
attempt to debit or deposit money, the
process and timing of account closure,
or the terms of the deposit account
agreements.
First, without the consumer’s consent
or knowledge, a third party may attempt
to debit from or deposit to the closed
account, prompting their previous
financial institution to reopen the
account. For example, a payroll
provider may inadvertently send a
consumer’s paycheck to the closed
account, even if the consumer informed
the payroll provider about the account
closure and directed them to deposit
their paycheck in a new account.
Similarly, a merchant may take an
extended amount of time to process a
refund to a customer’s account for a
returned item or may use the wrong
account information to process a
recurring monthly payment. Consumers
cannot reasonably avoid these types of
injuries resulting from these types of
actions by a third party.
Second, financial institutions may
require consumers to complete a multi-
step process before closing a deposit
account, which can involve completing
paperwork in person, returning or
destroying any access devices, bringing
the balance to zero, and fulfilling
waiting periods. When consumers begin
this process, they likely will not know
exactly when the financial institution
will fulfill their request to close the
account. Consumers, for example, do
not control waiting periods or the length
of time it takes a financial institution to
settle transactions to bring a balance to
zero. Consumers’ lack of control over
the financial institution’s account
closure process and timeline may make
it more difficult for them to prevent
debits and credits that will reopen the
account, since the account may close
earlier than they expect.
Finally, consumers may not have a
reasonable alternative to financial
institutions that permit this practice
because most deposit contracts either
permit or are silent on this practice.
Further, to the extent that deposit
account agreements allow or disclose
such practices, these agreements
typically are standard-form contracts
prepared by financial institutions that
specify a fixed set of terms.
8
Consumers
have no ability to negotiate the terms of
these agreements. Instead, financial
institutions present these contracts to
consumers on a take-or-leave-it basis.
Thus, even if deposit account
agreements reference this practice,
consumers also have limited ability to
negotiate the terms of such contracts,
and consumers can incur injuries in
circumstances beyond their control.
Moreover, even if the financial
institution informs the consumer at the
time that the account is closed that the
institution may reopen the account,
pursuant to the account agreement, the
consumer will still generally lack the
practical ability to control whether the
account will be reopened and to avoid
fees and other monetary harms.
This injury is likely not outweighed by
countervailing benefits to consumers or
competition.
Reopening a closed account does not
appear to provide any meaningful
benefits to consumers or competition.
To the extent financial institutions are
concerned about controlling their own
costs to remain competitive, they have
alternatives to reopening a closed
account upon receiving a debit or
deposit that could minimize their
expenses and liability. For example, the
financial institution could decline any
transactions that they receive for
accounts consumers previously closed.
In addition to minimizing the
institution’s costs, not reopening these
accounts may protect the financial
institution against the use of closed
accounts to commit fraud.
Moreover, consumers do not generally
benefit when a financial institution
unilaterally reopens an account that
consumers previously closed. Since
financial institutions typically require
consumers to bring the account balance
to zero before closing an account,
reopening an account in response to a
debit will likely result in penalty fees
rather than payment of an amount owed
by the consumer. While consumers
might potentially benefit in some
instances where their accounts are
reopened to receive deposits, which
then become available to them, that
benefit does not outweigh the injuries
that can be caused by unilateral account
reopening. Such benefits are unlikely to
be significant because consumers can
generally receive the same deposits in
another way that they would prefer
(such as through a new account that
they opened to replace the closed
account). And those uncertain benefits
are outweighed by the risk that
deposited funds will be depleted before
the consumer can access (or is even
aware of) the funds (e.g., through
maintenance or other fees assessed by
the financial institution as a result of the
reopening or debits from the reopened
account by third parties).
Further, not reopening accounts may
benefit consumers in certain
circumstances. For example, declining a
deposit submitted to a closed account
alerts the fund’s sender that they have
incorrect account information and may
encourage the sender to contact the
consumer to obtain updated account
information. Declining a debit also
provides an opportunity for the sender
of the debit to inform the consumer of
any erroneous account information,
providing the consumer with the
opportunity to make the payment with
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33548 Federal Register/ Vol. 88, No. 100 / Wednesday, May 24, 2023 / Rules and Regulations
a current account or through another
process.
For these reasons, government
enforcers should consider whether a
financial institution has violated the
prohibition against unfair acts or
practices in the CFPA if they discover
that a financial institution has
unilaterally reopened accounts that
consumers previously
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. 2023–10982 Filed 5–23–23; 8:45 am]
BILLING CODE 4810–AM–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA–2023–0068; Special
Conditions No. 25–821–SC]
Special Conditions: B/E Aerospace
Ltd., MHI RJ Aviation ULC Model CL–
600–2B19 Airplane; Installation of a
Therapeutic Oxygen System for
Medical Use
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Final special conditions; request
for comments.
SUMMARY: These special conditions are
issued for the MHI RJ Aviation ULC
Model CL–600–2B19 airplane. This
airplane, as modified by B/E Aerospace
Ltd. (B/E Aerospace), will have a novel
or unusual design feature when
compared to the state of technology
envisioned in the airworthiness
standards for transport-category
airplanes. This design feature is an
installation of a therapeutic oxygen
system for medical use. The applicable
airworthiness regulations do not contain
adequate or appropriate safety standards
for this design feature. These special
conditions contain the additional safety
standards that the Administrator
considers necessary to establish a level
of safety equivalent to that established
by the existing airworthiness standards.
DATES: This action is effective on B/E
Aerospace Ltd. on May 24, 2023. Send
comments on or before July 10, 2023.
ADDRESSES: Send comments identified
by Docket No. FAA–2023–0068 using
any of the following methods:
•Federal eRegulations Portal: Go to
https://www.regulations.gov/ and follow
the online instructions for sending your
comments electronically.
•Mail: Send comments to Docket
Operations, M–30, U.S. Department of
Transportation (DOT), 1200 New Jersey
Avenue SE, Room W12–140, West
Building Ground Floor, Washington, DC
20590–0001.
•Hand Delivery or Courier: Take
comments to Docket Operations in
Room W12–140 of the West Building
Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
•Fax: Fax comments to Docket
Operations at 202–493–2251.
Docket: Background documents or
comments received may be read at
https://www.regulations.gov/ at any
time. Follow the online instructions for
accessing the docket or go to Docket
Operations in Room W12–140 of the
West Building Ground Floor at 1200
New Jersey Avenue SE, Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Robert Hettman, Mechanical Systems,
AIR–623, Technical Policy Branch,
Policy and Standards Division, Aircraft
Certification Service, Federal Aviation
Administration, 2200 South 216th
Street, Des Moines, Washington 98198;
telephone and fax 206–231–3171; email
robert.hettman@faa.gov.
SUPPLEMENTARY INFORMATION: The
substance of these special conditions
has been published in the Federal
Register for public comment in several
prior instances with no substantive
comments received. Therefore, the FAA
finds, pursuant to § 11.38(b), that new
comments are unlikely, and notice and
comment prior to this publication are
unnecessary.
Comments Invited
The FAA invites interested people to
take part in this rulemaking by sending
written comments, data, or views. The
most helpful comments reference a
specific portion of the special
conditions, explain the reason for any
recommended change, and include
supporting data.
The FAA will consider all comments
received by the closing date for
comments, and will consider comments
filed late if it is possible to do so
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