8722 Federal Register / Vol. 77, No. 31 / Wednesday, February 15, 2012 / Rules and Regulations 

totaling $10 million or less, as of the 

preceding year-end. Provisions of the 

Economic Growth and Regulatory 

Paperwork Reduction Act of 1996, 12 

U.S.C. 2808(b), amended HMDA to 

expand the asset-size exemption for 

depository institutions. The statutory 

amendment increased the dollar amount 

of the asset-size exemption threshold by 

requiring a one-time adjustment of the 

$10 million figure based on the 

percentage by which the CPI–W for 

1996 exceeded the CPI–W for 1975, and 

it provided for annual adjustments 

thereafter based on the annual 

percentage increase in the CPI–W, 

rounded to the nearest multiple of one 

million dollars. 

The definition of ‘‘financial 

institution’’ in Regulation C provides 

that the Bureau will adjust the asset 

threshold based on the year-to-year 

change in the average of the CPI–W, not 

seasonally adjusted, for each twelve 

month period ending in November, 

rounded to the nearest million. 12 CFR 

1003.2. For 2011, the threshold was $40 

million. During the twelve-month 

period ending in November 2011, the 

CPI–W increased by 3.43 percent. As a 

result, the exemption threshold is 

increased to $41 million. Thus, 

depository institutions with assets of 

$41 million or less as of December 31, 

2011 are exempt from collecting data in 

2012. An institution’s exemption from 

collecting data in 2012 does not affect 

its responsibility to report data it was 

required to collect in 2011. 

Final Rule 

Under the Administrative Procedure 

Act, notice and opportunity for public 

comment are not required if the Bureau 

finds that notice and public comment 

are impracticable, unnecessary, or 

contrary to the public interest. 5 U.S.C. 

553(b)(B). Comment 2(Financial 

institution)-2 is amended to update the 

exemption threshold. The amendment 

in this notice is technical and nondiscretionary, and it merely applies the 

formula established by Regulation C for 

determining any adjustments to the 

exemption threshold. For these reasons, 

the Bureau has determined that 

publishing a notice of proposed 

rulemaking and providing opportunity 

for public comment are unnecessary. 

Therefore, the amendment is adopted in 

final form. 

List of Subjects in 12 CFR Part 1003 

Banks, Banking, Credit unions, 

Mortgages, National banks, Savings 

associations, Reporting and 

recordkeeping requirements. 

Authority and Issuance 

For the reasons set forth in the 

preamble, the Bureau of Consumer 

Financial Protection amends 12 CFR 

part 1003 as follows: 

PART 1003—HOME MORTGAGE 

DISCLOSURE (REGULATION C) 

■ 1. The authority citation for part 1003 

continues to read as follows: 

Authority: 12 U.S.C. 2803, 2804, 2805, 

5512, 5581. 

■ 2. In Appendix B to part 1003, 

Supplement I to part 1003, under 

Section 1003.2—Definitions, Financial 

institution, paragraph 2 is revised to 

read as follows: 

Appendix B to Part 1003—Form and 

Instructions for Data Collection on 

Ethnicity, Race, and Sex 

* * * * * 

Supplement I to Part 1003—Staff 

Commentary 

* * * * * 

Section 1003.2—Definitions. 

* * * * * 

Financial institution. 

* * * * * 

2. Adjustment of exemption threshold for 

depository institutions. For data collection in 

2012, the asset-size exemption threshold is 

$41 million. Depository institutions with 

assets at or below $41 million as of December 

31, 2011 are exempt from collecting data for 

2012. 

* * * * * 

Dated: February 3, 2012. 

Richard Cordray, 

Director, Consumer Financial Protection 

Bureau. 

[FR Doc. 2012–3460 Filed 2–14–12; 8:45 am] 

BILLING CODE 4810–AM–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0453; Directorate 

Identifier 2008–SW–16–AD; Amendment 39– 

16942; AD 2012–03–01] 

RIN 2120–AA64 

Airworthiness Directives; Eurocopter 

Deutschland Model EC135 Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for 

Eurocopter Deutschland (ECD) Model 

EC135 helicopters. This AD results from 

a mandatory continuing airworthiness 

information (MCAI) AD issued by the 

aviation authority of the Federal 

Republic of Germany, with which we 

have a bilateral agreement, to identify 

and correct an unsafe condition. The 

MCAI AD states that in the past, the 

FADEC FAIL caution light illuminated 

on a few EC135 T1 helicopters. It states 

that this was caused by a discrepancy in 

the parameters that was generated 

within the fuel main metering unit and 

transmitted to the FADEC. This 

discrepancy led to the display of the 

FADEC FAIL caution light and 

‘‘freezing’’ of the fuel main metering 

valve at its position, resulting in loss of 

the automatic engine control in the 

affected system. With the MCAI AD, a 

synchronization procedure for pilots, 

which was already used in the past, is 

being reintroduced, which prevents the 

parameter discrepancy arising and thus 

sustains the automatic engine control. 

The AD actions are intended to 

prevent failure of the FADEC to 

automatically meter fuel, indicated by a 

FADEC FAIL cockpit caution light, and 

subsequent loss of control of the 

helicopter. 

DATES: Effective March 21, 2012. 

ADDRESSES: For service information 

identified in this AD, contact American 

Eurocopter Corporation, 2701 N. Forum 

Drive, Grand Prairie, TX 75052; 

telephone (972) 641–0000 or (800) 232– 

0323; fax (972) 641–3775; or at http:// 

www.eurocopter.com/techpub. 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, the economic 

evaluation, any comments received, and 

other information. The street address for 

the Docket Operations office (telephone 

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: Eric 

Haight, Aviation Safety Engineer, FAA, 

Rotorcraft Directorate, Regulations and 

Guidance Group, Fort Worth, Texas 

76137; telephone (817) 222–5204; email: 

eric.haight@faa.gov. 

SUPPLEMENTARY INFORMATION: 


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Federal Register / Vol. 77, No. 31 / Wednesday, February 15, 2012 / Rules and Regulations 8723 

Discussion 

On April 28, 2011, we issued a Notice 

of Proposed Rulemaking (NPRM) to 

amend 14 CFR part 39 to include an AD 

that would apply to the Eurocopter 

Deutschland (ECD) Model EC135 

helicopters. That NPRM was published 

in the Federal Register on May 13, 

2011, at 76 FR 27956. That NPRM 

proposed to reintroduce a 

synchronization procedure for pilots to 

prevent a parameter discrepancy from 

arising and sustain the automatic engine 

control. 

Comments 

We gave the public the opportunity to 

participate in developing this AD, but 

we did not receive any comments on the 

NPRM. 

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 the 

same type design, and that air safety and 

the public interest require adopting the 

AD requirements as proposed with the 

changes described previously and other 

minor editorial changes. These changes 

are consistent with the intent of the 

proposals in the NPRM and will not 

increase the economic burden on any 

operator nor increase the scope of the 

AD. 

Differences Between This AD and the 

MCAI AD 

We use a 50-hour time-in-service 

(TIS) compliance time rather than before 

further flight as used in the MCAI AD. 

Also, the MCAI AD states to follow the 

ASB and insert pages into the Rotorcraft 

Flight Manual (RFM). We did not follow 

the ASB, which requires the RFM 

information to be filed in the Section 4, 

Normal Procedures, of the RFM. To 

make compliance with the information 

mandatory, we are requiring that it be 

inserted into the Section 2, Limitations 

Section of the RFM. 

Related Service Information 

ECD has issued Alert Service Bulletin 

No. EC135–71A–024, dated August 6, 

2002 (ASB). The ASB contains copies of 

special information to be inserted into 

the RFM for synchronizing fuel control 

components for sustaining automatic 

engine control. The ASB specifies 

making copies of the RFM pages 

contained in the ASB, cutting them out, 

and filing them in the RFM. The actions 

described in the MCAI AD are intended 

to correct the same unsafe condition as 

that identified in this service 

information. 

Costs of Compliance 

We estimate that this AD will affect 

about 20 helicopters of U.S. registry. We 

also estimate that it will take about a 

half work-hour to copy and insert the 

synchronization procedure into the 

RFM. The average labor rate is $85 per 

hour. We estimate the cost of the AD on 

U.S. operators to be $850. 

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 

We determined that 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 the 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); 

3. Will not affect intrastate aviation in 

Alaska to the extent that a regulatory 

distinction is required; 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. 

The Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA will 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 (AD): 

2012–03–01 Eurocopter Deutschland: 

Amendment 39–16942. Docket No. 

FAA–2011–0453; Directorate Identifier 

2008–SW–16–AD. 

(a) Applicability 

This AD applies to Model EC135 

helicopters with Turbomeca Arrius 2B or 2B1 

engines installed, certificated in any 

category. 

(b) Unsafe Condition 

This AD defines the unsafe condition as a 

discrepancy generated within the fuel main 

metering unit and transmitted to the FADEC, 

which could lead to the display of the 

FADEC FAIL caution light and ‘‘freezing’’ of 

the fuel main metering valve at its position. 

This condition could result in loss of the 

automatic engine control. 

(c) Effective Date 

This AD is effective March 21, 2012. 

(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 50 hours time-in-service (TIS), 

either insert the following procedure by 

making pen-and-ink changes to the Rotorcraft 

Flight Manual (RFM) or by inserting a copy 

of this AD into the Limitations Section of the 

RFM. 

SPECIAL INFORMATION FOR OEI/ 

AUTOROTATION TRAINING AND 

APPROACH/LANDING PREPARATION 

In order to prevent a malfunction, which 

could lead to a FADEC FAIL indication, the 

following procedure is mandatory: 

The procedure shown below must be 

performed while in a steady flight condition 

and at a safe altitude: 

—Before initiation of every approach (with or 

without landing) 

—During training of OEI or Autorotation 

before every switch-over to IDLE 

CAUTION: DURING THE RESET 

PROCEDURE DESCRIBED IN THE 

FOLLOWING, NO INPUTS ARE TO BE 

MADE TO THE COLLECTIVE LEVER OR TO 

THE TWIST GRIP FOR MANUAL ENGINE 

CONTROL, SINCE THIS CAN LEAD TO AN 

INEFFECTIVE SYNCHRONIZATION. 


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8724 Federal Register / Vol. 77, No. 31 / Wednesday, February 15, 2012 / Rules and Regulations 

The reset procedure is identical for each of 

two systems and is to be applied for both 

engines, one after the other. 

Procedure 

1. ENG MODE SEL switch—Set from 

NORM TO MAN 

After illumination of the ENG MANUAL 

caution: 

2. ENG MODE SEL switch—Set from MAN 

to NORM: ENG MANUAL caution must go 

off 

Repeat procedure for second engine. 

(f) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Safety Management 

Group, Rotorcraft Directorate, FAA, may 

approve AMOCs for this AD. Send your 

proposal to: Eric Haight, Aviation Safety 

Engineer, Regulations and Guidance Group, 

2601 Meacham Blvd., Fort Worth, Texas 

76137, telephone (817) 222–5204, email: 

eric.haight@faa.gov. 

(2) For operations conducted under a Part 

119 operating certificate or under 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 

(1) Eurocopter Alert Service Bulletin 

EC135–71A–024, dated August 6, 2008, 

which is not incorporated by reference, 

contains additional information about the 

subject of this AD. For service information 

identified in this AD, contact American 

Eurocopter Corporation, 2701 N. Forum 

Drive, Grand Prairie, TX 75052; telephone 

(972) 641–0000 or (800) 232–0323; fax (972) 

641–3775; or at http://www.eurocopter.com/ 

techpub. You may review copies of the 

referenced service information at the FAA, 

Office of the Regional Counsel, Southwest 

Region, 2601 Meacham Blvd., Room 663, Fort 

Worth, Texas 76137. 

(2) The subject of this AD is addressed in 

Luftfahrt-Bundesamt (Germany) AD No. 

2002–333, dated September 16, 2002. 

(h) Subject 

Air Transport Association of America 

(ATA) Tracking Code: 7600, Engine Controls. 

Issued in Fort Worth, Texas, on January 27, 

2012. 

Lance T. Gant, 

Acting Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–3184 Filed 2–14–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Part 157 

[Docket No. RM81–19–000] 

Natural Gas Pipelines; Project Cost 

and Annual Limits 

February 9, 2012. 

AGENCY: Federal Energy Regulatory 

Commission, DOE. 

ACTION: Final rule. 

SUMMARY: Pursuant to the authority 

delegated by 18 CFR 375.308(x)(1), the 

Director of the Office of Energy Projects 

(OEP) computes and publishes the 

project cost and annual limits for 

natural gas pipelines blanket 

construction certificates for each 

calendar year. 

DATES: This final rule is effective 

February 15, 2012 and establishes cost 

limits applicable from January 1, 2012 

through December 31, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Richard Foley, Chief, Certificates 

Branch 1, Division of Pipeline 

Certificates, (202) 502–8955. 

SUPPLEMENTARY INFORMATION: 

Publication of Project Cost Limits 

Under Blanket Certificates 

Docket No. RM81–19–000 

Order of the Director, OEP 

February 9, 2012. 

Section 157.208(d) of the 

Commission’s Regulations provides for 

project cost limits applicable to 

construction, acquisition, operation and 

miscellaneous rearrangement of 

facilities (Table I) authorized under the 

blanket certificate procedure (Order No. 

234, 19 FERC ¶ 61,216). Section 

157.215(a) specifies the calendar year 

dollar limit which may be expended on 

underground storage testing and 

development (Table II) authorized under 

the blanket certificate. Section 

157.208(d) requires that the ‘‘limits 

specified in Tables I and II shall be 

adjusted each calendar year to reflect 

the ‘GDP implicit price deflator’ 

published by the Department of 

Commerce for the previous calendar 

year.’’ 

Pursuant to § 375.308(x)(1) of the 

Commission’s Regulations, the authority 

for the publication of such cost limits, 

as adjusted for inflation, is delegated to 

the Director of the Office of Energy 

Projects. The cost limits for calendar 

year 2012, as published in Table I of 

§ 157.208(d) and Table II of § 157.215(a), 

are hereby issued. 

Effective Date 

This final rule is effective February 

15. The provisions of 5 U.S.C. 804 

regarding Congressional review of Final 

Rules does not apply to the Final Rule 

because the rule concerns agency 

procedure and practice and will not 

substantially affect the rights or 

obligations of non-agency parties. The 

Final Rule merely updates amounts 

published in the Code of Federal 

Regulations to reflect the Department of 

Commerce’s latest annual determination 

of the Gross Domestic Product (GDP) 

implicit price deflator, a mathematical 

updating required by the Commission’s 

existing regulations. 

List of Subjects in 18 CFR Part 157 

Administrative practice and 

procedure, Natural gas, Reporting and 

recordkeeping requirements. 

Jeff C. Wright, 

Director, Office of Energy Projects. 

Accordingly, 18 CFR part 157 is 

amended as follows: 

PART 157—[AMENDED] 

■ 1. The authority citation for Part 157 

continues to read as follows: 

Authority: 15 U.S.C. 717–717w, 3301– 

3432; 42 U.S.C. 7101–7352. 

■ 2. Table I in § 157.208(d) is revised to 

read as follows: 

§ 157.208 Construction, acquisition, 

operation, replacement, and miscellaneous 

rearrangement of facilities. 

* * * * * 

(d) * * * 

TABLE I 

Year 

Limit 

Auto. proj. cost 

limit (Col. 1) 

Prior notice proj. 

cost limit (Col. 2) 

1982 .. $4,200,000 $12,000,000 

1983 .. 4,500,000 12,800,000 

1984 .. 4,700,000 13,300,000 

1985 .. 4,900,000 13,800,000 

1986 .. 5,100,000 14,300,000 

1987 .. 5,200,000 14,700,000 

1988 .. 5,400,000 15,100,000 

1989 .. 5,600,000 15,600,000 

1990 .. 5,800,000 16,000,000 

1991 .. 6,000,000 16,700,000 

1992 .. 6,200,000 17,300,000 

1993 .. 6,400,000 17,700,000 

1994 .. 6,600,000 18,100,000 

1995 .. 6,700,000 18,400,000 

1996 .. 6,900,000 18,800,000 

1997 .. 7,000,000 19,200,000 

1998 .. 7,100,000 19,600,000 

1999 .. 7,200,000 19,800,000 

2000 .. 7,300,000 20,200,000 

2001 .. 7,400,000 20,600,000 

2002 .. 7,500,000 21,000,000 


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