Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Rules and Regulations 1143 

installed engine(s) specification power 

available for the reference ambient 

conditions or gearbox torque limit, 

whichever is lower. The tiltrotor power 

must also be stabilized along a path 

starting from a point located 1,640 feet 

(500 m) before the flight path reference 

point, at 65 ft (20 m) above ground level; 

(c) The nacelle angle and the 

corresponding best rate of climb speed, 

or the lowest approved speed for the 

climb after takeoff, whichever is the 

greater, must be maintained throughout 

the takeoff reference procedure; 

(d) The rotor speed must be stabilized 

at the maximum normal operating RPM 

certificated for takeoff; 

(e) The weight (mass) of the tiltrotors 

must be the maximum takeoff weight 

(mass) as requested for noise 

certification; and 

(f) The reference takeoff flight profile 

is a straight line segment inclined from 

the starting point 1,640 feet (500 m) 

before to the center noise measurement 

point and 65 ft (20 m) above ground 

level at an angle defined by best rate of 

climb and the speed corresponding to 

the selected nacelle angle and for 

minimum specification engine 

performance. 

K6.3 Flyover Reference Procedure. 

The flyover reference flight procedure is 

as follows: 

(a) The tiltrotor must be stabilized for 

level flight along the centerline flyover 

flight path and over the noise 

measurement reference point at an 

altitude of 492 ft (150 m) above ground 

level; 

(b) A constant flyover configuration 

selected by the applicant must be 

maintained; 

(c) The weight (mass) of the tiltrotor 

must be the maximum takeoff weight 

(mass) as requested for noise 

certification; 

(d) In the VTOL/Conversion mode: 

(1) The nacelle angle must be at the 

authorized fixed operation point that is 

closest to the shallow nacelle angle 

certificated for zero airspeed; 

(2) The airspeed must be 0.9VCON and 

(3) The rotor speed must be stabilized 

at the maximum normal operating RPM 

certificated for level flight. 

K6.4 Approach Reference Procedure. 

The approach reference procedure is as 

follows: 

(a) The tiltrotor must be stabilized to 

follow a 6.0 degree approach path; 

(b) An approved airworthiness 

configuration in which maximum noise 

occurs must be maintained; 

(1) An airspeed equal to the best rate 

of climb speed corresponding to the 

nacelle angle, or the lowest approved 

airspeed for the approach, whichever is 

greater, must be stabilized and 

maintained; and 

(2) The tiltrotor power during the 

approach must be stabilized over the 

flight path reference point, and continue 

as if landing; 

(c) The rotor speed must be stabilized 

at the maximum normal operating RPM 

certificated for approach; 

(d) The constant approach 

configuration used in airworthiness 

certification tests, with the landing gear 

extended, must be maintained; and 

(e) The weight (mass) of the tiltrotor 

at landing must be the maximum 

landing weight (mass) as requested for 

noise certification. 

Section K7 Test Procedures 

K7.1 [Reserved] 

K7.2 The test procedures and noise 

measurements must be conducted and 

processed to yield the noise evaluation 

measure designated in section K2 of this 

appendix. 

K7.3 If either the test conditions or 

test procedures do not comply to the 

applicable noise certification reference 

conditions or procedures prescribed by 

this part, the applicant must apply the 

correction methods described in section 

H36.205 of Appendix H of this part to 

the acoustic test data measured. 

K7.4 Adjustments for differences 

between test and reference flight 

procedures must not exceed: 

(a) For takeoff: 4.0 EPNdB, of which 

the arithmetic sum of delta 1 and the 

term ¥7.5 log (QK/QrKr) from delta 2 

must not in total exceed 2.0 EPNdB; 

(b) For flyover or approach: 2.0 

EPNdB. 

K7.5 The average rotor RPM must 

not vary from the normal maximum 

operating RPM by more than ±1.0 

percent throughout the 10 dB-down 

time interval. 

K7.6 The tiltrotor airspeed must not 

vary from the reference airspeed 

appropriate to the flight demonstration 

by more than ±5 kts (±9 km/h) 

throughout the 10 dB-down time 

interval. 

K7.7 The number of level flyovers 

made with a head wind component 

must be equal to the number of level 

flyovers made with a tail wind 

component. 

K7.8 The tiltrotor must operate 

between ±10 degrees from the vertical or 

between ±65 feet (±20 m) lateral 

deviation tolerance, whichever is 

greater, above the reference track and 

throughout the 10 dB-down time 

interval. 

K7.9 The tiltrotor altitude must not 

vary during each flyover by more than 

±30 ft (±9 m) from the reference altitude 

throughout the 10 dB-down time 

interval. 

K7.10 During the approach 

procedure, the tiltrotor must establish a 

stabilized constant speed approach and 

fly between approach angles of 5.5 

degrees and 6.5 degrees throughout the 

10 dB-down time interval. 

K7.11 During all test procedures, the 

tiltrotor weight (mass) must not be less 

than 90 percent and not more than 105 

percent of the maximum certificated 

weight (mass). For each of the test 

procedures, complete at least one test at 

or above this maximum certificated 

weight (mass). 

K7.12 A tiltrotor capable of carrying 

external loads or external equipment 

must be noise certificated without such 

loads or equipment fitted 

K7.13 The value of VCON used for 

noise certification must be included in 

the approved Flight Manual. 

Issued in Washington, DC, on December 

21, 2012. 

Michael P. Huerta, 

Acting Administrator. 

[FR Doc. 2013–00111 Filed 1–7–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 420 

[Docket No. FAA–2011–0105; Amdt. No. 

420–6A] 

RIN 2120–AJ73 

Explosive Siting Requirements; 

Correction 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; correction. 

SUMMARY: The FAA is correcting a final 

rule published on September 7, 2012 (77 

FR 55108). In that rule, the FAA 

amended its regulations to the 

requirements for siting explosives under 

a license to operate a launch site. The 

rule increases flexibility for launch site 

operators in site planning for the storage 

and handling of energetic liquids and 

explosives. The FAA inadvertently did 

not correctly identify the Department of 

Defense Explosives Safety Board. This 

document corrects the error. 

DATES: Effective January 8, 2013. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this final 

rule, contact Yvonne Tran, Commercial 

Space Transportation, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone (202) 267–7908; facsimile 

(202) 267–5463, email 

yvonne.tran@faa.gov. For legal 

questions concerning this final rule, 

contact Laura Montgomery, AGC 200, 

mstockstill on DSK4VPTVN1PROD with 

1144 Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Rules and Regulations 

1 5 U.S.C. 553(b). 

2 5 U.S.C. 553(d). 

3See 44 U.S.C. 3501 et seq. 

Senior Attorney for Commercial Space 

Transportation, Office of the Chief 

Counsel, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone (202) 267–3150; facsimile 

(202) 267–7971, email 

laura.montgomery@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On September 7, 2012, the FAA 

published a final rule entitled, 

‘‘Explosive Siting Requirements’’ (77 FR 

55108). 

In that final rule, the FAA revised the 

requirements for siting explosives under 

a license to operate a launch site. The 

rule increased flexibility for launch site 

operators in site planning for the storage 

and handling of energetic liquids and 

explosives. In the discussion of the 

Overview of the Final Rule, the FAA 

explained that it was dispensing with 

the hazard groups of tables E–3 through 

E–6 of appendix E of Title 14, Code of 

Federal Regulations part 420 as a means 

of classification to be consistent with 

the Department of Defense (DOD) 

Explosives Safety Board (DDESB) and 

National Fire Protection Association 

(NFPA) practices. In the full title of 

DDESB, the FAA inadvertently used the 

word ‘‘siting’’ instead of ‘‘safety.’’ The 

FAA is now correcting the error to 

properly identify DDESB. 

Correction to Preamble 

1. On page 55109, in the first column, 

in the first paragraph under Section I., 

correct ‘‘Department of Defense (DOD) 

Explosives Siting Board’s (DDESB)’’ to 

read ‘‘Department of Defense (DOD) 

Explosives Safety Board (DDESB)’’. 

Issued in Washington, DC on January 2, 

2013. 

Lirio Liu, 

Director, Office of Rulemaking. 

[FR Doc. 2013–00109 Filed 1–7–13; 8:45 am] 

BILLING CODE 4910–13–P 

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Parts 9, 12, and 171 

Rules of Practice; Amendments to 

Delegations of Authority to the Office 

of General Counsel 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Final rule. 

SUMMARY: The Commodity Futures 

Trading Commission (‘‘CFTC’’ or 

‘‘Commission’’) is amending its 

regulations delegating authority to the 

Commission’s Office of General 

Counsel, so that all delegations thereto 

will be to the General Counsel, with 

authority to sub-delegate to any 

Commission employee under the 

supervision of the General Counsel. 

DATES: Effective Date: January 8, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Lynn Bulan, Counsel, Office of General 

Counsel, 1155 21st Street NW., 

Washington, DC 20581, lbulan@cftc.gov 

and (202) 418–5120. 

SUPPLEMENTARY INFORMATION: The 

Commission is revising delegations of 

authority to the Office of General 

Counsel, replacing delegations to the 

Deputy General Counsel for Opinions 

and Review with delegations to the 

General Counsel. The reason for this 

change is due to the elimination of the 

position of Deputy General Counsel for 

Opinions and Review under a 

reorganization within the Office of 

General Counsel. The revisions will 

permit the General Counsel to subdelegate authority to any Commission 

employee under his or her supervision. 

I. Rules Being Amended 

The following CFTC rules are being 

amended. 

A. 17 CFR 9.9 

CFTC rule 9.9 delegates certain 

authority to the Deputy General Counsel 

for Opinions and Review. Currently, the 

rule authorizes the Deputy General 

Counsel for Opinions and Review or 

his/her designee to handle certain 

procedural and technical matters and, in 

his/her discretion, to submit matters 

otherwise falling within this rule to the 

Commission for its consideration. The 

CFTC is changing the rule to grant this 

authority to the General Counsel. As a 

result, references to the Deputy General 

Counsel for Opinions and Review in 

rule 9.9 have been changed to the 

General Counsel, and to any employee 

under the General Counsel’s supervision 

as he or she may designate. 

B. 17 CFR 12.10 

CFTC rule 12.10(a)(3) sets forth all the 

persons upon whom the Proceedings 

Clerk must serve all notices, rulings, 

opinions, and orders. This list of 

persons includes the Deputy General 

Counsel for Opinions and Review. The 

rule is being revised such that all 

references to the Deputy General 

Counsel for Opinions and Review in 

rule 12.10 have been changed to the 

General Counsel, and permits the 

General Counsel to sub-delegate this 

authority to any Commission employee 

under his or her supervision. 

C. 17 CFR 12.408 

CFTC rule 12.408 is titled ‘‘Delegation 

of Authority to the Deputy General 

Counsel for Opinions.’’ The text of the 

rule delegates certain functions to the 

General Counsel and not the Deputy 

General Counsel for Opinions. In order 

to conform the title of the section to the 

substance of the section, the reference in 

the title of the section has been changed 

to ‘‘Delegation of Authority to the 

General Counsel.’’ 

D. 17 CFR 171.1(c) 

CFTC rule 171.1(c) provides the 

Deputy General Counsel for Opinions 

the authority to strike a notice of appeal 

in certain circumstances. All references 

to the Deputy General Counsel for 

Opinions in rule 171.1(c) have been 

changed to the General Counsel, or the 

General Counsel’s delegate. 

E. 17 CFR 171.50 

CFTC rule 171.50 delegates certain 

authority to the Deputy General Counsel 

for Opinions. The current rule 

authorizes the Deputy General Counsel 

for Opinions and Review or his/her 

designee to handle certain procedural 

and technical matters and, in his/her 

discretion, to submit matters otherwise 

falling within this rule to the 

Commission for its consideration. 

References in rule 171.50 have been 

changed to the General Counsel. 

II. Administrative Compliance 

A. Administrative Procedure Act 

The Administrative Procedure Act 

does not require notice of the proposed 

rulemaking and an opportunity for 

public participation in connection with 

these amendments, as they relate solely 

to agency organization, procedure and 

practice.1 For the same reason, these 

rules will become effective upon 

publication in the Federal Register.2

Pursuant to the authority contained in 

the Commodity Exchange Act, in 

particular section 2(a)(4), 7 U.S.C. 

2(a)(4), the CFTC corrects part 9, 12 and 

171 of Title 17 of the Code of Federal 

regulations as described below. 

B. Paperwork Reduction Act and 

Regulatory Flexibility Act 

This rulemaking does not contain any 

collections of information for which the 

Commission must seek a control 

number under the Paperwork Reduction 

Act.3 Moreover, the Regulatory 

Flexibility Act requires the Commission 

to consider whether a rulemaking will 

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