77524 Federal Register / Vol. 75, No. 238 / Monday, December 13, 2010 / Rules and Regulations 

Changes Requested But Not Made 

Fortified Cooking Wines—Marsala and 

Sherry 

Two comments addressed Marsala 

and sherry fortified cooking wines. One 

comment did not support the listing on 

the basis that organic versions of these 

cooking wines are commercially 

available, but failed to provide 

documentation to support this claim. 

One comment requested an annotation 

to prohibit fortified wines that contain 

synthetic sulfites, such as sulfur dioxide 

or potassium metabisulfite. The 

comment referenced the restriction of 

sulfur dioxide to wines that are ‘‘made 

with organic grapes’’ in questioning the 

legal basis for allowing cooking wines 

containing sulfites to be listed on 

§ 205.606 and, therefore, to be used to 

produce ‘‘organic’’ products. 

In its discussion at the May 20–22, 

2008 meeting, the NOSB acknowledged 

that the manufacturer cited in the 

fortified cooking wine petitions did not 

add sulfites to its sherry and Marsala 

cooking wines. However, the NOSB did 

not recommend prohibiting sherry or 

Marsala cooking wines which contain 

added sulfites. We believe the 

recommendation is consistent with 

OFPA, § 6510(a)(3), which prohibits the 

addition of sulfites except in the 

production of wine. Therefore, we are 

not adopting the proposed annotation to 

prohibit conventional forms of Marsala 

and sherry fortified cooking wines 

which contain added sulfites. 

F. Effective Date 

This final rule reflects 

recommendations submitted to the 

Secretary by the NOSB. The substances 

being added to the National List were 

based on petitions from the industry 

and evaluated by the NOSB using 

criteria in the Act and the regulations. 

Because these substances are crucial to 

organic crop production and processing 

operations, producers should be able to 

use them in their operations as soon as 

possible. Accordingly, AMS finds that 

good cause exists under 5 U.S.C. 

553(d)(3) for not postponing the 

effective date of this rule until 30 days 

after publication in the Federal 

Register. 

List of Subjects in 7 CFR Part 205 

Administrative practice and 

procedure, Agriculture, Animals, 

Archives and records, Imports, Labeling, 

Organically produced products, Plants, 

Reporting and recordkeeping 

requirements, Seals and insignia, Soil 

conservation. 

For the reasons set forth in the 

preamble, 7 CFR part 205, subpart G is 

amended as follows: 

PART 205—NATIONAL ORGANIC 

PROGRAM 

■ 1. The authority citation for 7 CFR 

part 205 continues to read as follows: 

Authority: 7 U.S.C. 6501–6522. 

■ 2. Section 205.601 is amended by: 

■ A. Adding new paragraph (a)(8); 

■ B. Redesignating paragraphs (e)(2) 

through (e)(9) as (e)(3) through (e)(10) 

and adding new paragraph (e)(2); 

■ C. Redesignating paragraphs (i)(1) 

through (i)(11) as (i)(2) through (i)(12) 

and adding new paragraph (i)(1); and 

■ D. Revising paragraph (m)(2). 

The additions and revisions read as 

follows: 

§ 205.601 Synthetic substances allowed 

for use in organic crop production. 

* * * * * 

(a) * * * 

(8) Sodium carbonate peroxyhydrate 

(CAS #–15630–89–4)—Federal law 

restricts the use of this substance in 

food crop production to approved food 

uses identified on the product label. 

* * * * * 

(e) * * * 

(2) Aqueous potassium silicate (CAS 

#–1312–76–1)—the silica, used in the 

manufacture of potassium silicate, must 

be sourced from naturally occurring 

sand. 

* * * * * 

(i) * * * 

(1) Aqueous potassium silicate (CAS 

#–1312–76–1)—the silica, used in the 

manufacture of potassium silicate, must 

be sourced from naturally occurring 

sand. 

* * * * * 

(m) * * * 

(2) EPA List 3—Inerts of unknown 

toxicity—for use only in passive 

pheromone dispensers. 

* * * * * 

■ 2. Section 205.605 is amended by 

adding one new substance in 

alphabetical order to paragraph (a) to 

read as follows: 

§ 205.605 Nonagricultural (nonorganic) 

substances allowed as ingredients in or on 

processed products labeled as ‘‘organic’’ or 

‘‘made with organic (specified ingredients 

or food group(s)).’’ 

* * * * * 

(a) * * * 

* * * * * 

Gellan gum (CAS # 71010–52–1)— 

high-acyl form only. 

* * * * * 

■ 3. Section 205.606 is amended by: 

■ A. Redesignating paragraphs (g) 

through (t) and (u) through (w) as 

paragraphs (h) through (u) and (w) 

through (y) respectively; 

■ B. Adding new paragraphs (g) and (v) 

to read as follows: 

§ 205.606 Nonorganically produced 

agricultural products allowed as ingredients 

in or on processed products labeled as 

‘‘organic.’’ 

* * * * * 

(g) Fortified cooking wines. 

(1) Marsala. 

(2) Sherry. 

* * * * * 

(v) Tragacanth gum (CAS #–9000–65– 

1). 

* * * * * 

Dated: December 7, 2010. 

David R. Shipman, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2010–31196 Filed 12–10–10; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 29 

[Docket No. SW023; Special Conditions No. 

29–023–SC] 

Special Conditions: Sikorsky Aircraft 

Corporation Model S–92A Helicopter; 

Installation of a Search and Rescue 

(SAR) Automatic Flight Control System 

(AFCS) 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions; request 

for comments. 

SUMMARY: These special conditions are 

issued for the Sikorsky Aircraft 

Corporation (Sikorsky) model S–92A 

helicopter. This helicopter, as modified 

by Sikorsky, will have novel or unusual 

design features associated with 

installing an optional SAR AFCS. The 

applicable airworthiness standards do 

not contain adequate or appropriate 

safety standards for this design feature. 

These special conditions contain the 

additional safety standards the 

Administrator considers necessary to 

show a level of safety equivalent to that 

established by the existing 

airworthiness standards. 

DATES: The effective date of these 

special conditions is December 3, 2010. 

We must receive your comments by 

February 11, 2011. 

ADDRESSES: You must mail or deliver 

two copies of your comments to: Federal 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
Federal Register / Vol. 75, No. 238 / Monday, December 13, 2010 / Rules and Regulations 77525 

Aviation Administration, Rotorcraft 

Directorate, Attn: Special Conditions 

Docket (ASW–111), Docket No. SW023, 

2601 Meacham Blvd., Fort Worth, Texas 

76137. You must mark your comments: 

Docket No. SW023. You can inspect 

comments in the Docket on weekdays, 

except Federal holidays, between 

8:30 a.m. and 4 p.m. 

FOR FURTHER INFORMATION CONTACT: 

FAA, Aircraft Certification Service, 

Rotorcraft Directorate, Regulations and 

Policy Group (ASW–111), Attn: John 

VanHoudt, 2601 Meacham Blvd., Fort 

Worth, Texas 76137; telephone (817) 

222–5167, facsimile (817) 222–5961. 

SUPPLEMENTARY INFORMATION: 

Background and Discussion 

On July 30, 2007, Sikorsky applied for 

a change to Type Certificate (TC) No. 

R00024BO to install an optional SAR 

AFCS in the model S–92A helicopter. 

These special conditions were recently 

developed due to the intended function 

of the S–92A SAR AFCS not being 

completely defined until late in the 

certification program. The model S–92A 

is a transport category helicopter 

certified to Category A requirements 

when configured for more than nine 

passengers and Category A or B 

requirements when configured for nine 

or less passengers. This helicopter is 

also certified for instrument flight under 

the requirements of Appendix B of 14 

CFR part 29, Amendment 29–47. 

The use of dedicated AFCS upper 

modes, in which a fully coupled 

autopilot provides operational SAR 

profiles, is needed for SAR operations 

conducted over water in offshore areas 

clear of obstructions. The SAR modes 

enable the helicopter pilot to fly fully 

coupled maneuvers, to include 

predefined search patterns during cruise 

flight, and to transition from cruise 

flight to a stabilized hover and 

departure (transition from hover to 

cruise flight). The SAR AFCS also 

includes an auxiliary crew control that 

allows another crewmember (such as a 

hoist operator) to have limited authority 

to control the helicopter’s longitudinal 

and lateral position during hover 

operations. 

Flight operations conducted over 

water at night may have an extremely 

limited visual horizon with little visual 

reference to the surface even when 

conducted under Visual Meteorological 

Conditions (VMC). Consequently, the 

certification requirements for SAR 

modes must meet Appendix B to 14 CFR 

part 29. While Appendix B to 14 CFR 

part 29 prescribes airworthiness criteria 

for instrument flight, it does not 

consider operations below instrument 

flight minimum speed (VMINI), whereas 

the SAR modes allow for coupled 

operations at low speed, all-azimuth 

flight to zero airspeed (hover). 

Since SAR operations have 

traditionally been a public use mission, 

the use of SAR modes in civil 

operations requires special 

airworthiness standards (special 

conditions) to ensure that a level of 

safety consistent with Category A and 

Instrument Flight Rule (IFR) 

certification is maintained. In this 

regard, 14 CFR part 29 lacks adequate 

airworthiness standards for AFCS SAR 

mode certification to include flight 

characteristics, performance, and 

installed equipment and systems. 

Type Certification Basis 

Under 14 CFR 21.101, Sikorsky must 

show the S–92A, as changed, continues 

to meet the applicable provisions of the 

rules incorporated by reference in TC 

No. R00024BO or the applicable 

regulations in effect on the date of 

application for the change. The 

regulations incorporated by reference in 

the TC are commonly referred to as the 

‘‘original type certification basis.’’ The 

regulations incorporated by reference in 

R00024BO are as follows: 

(a) 14 CFR part 29 Amendments 29– 

1 to 29–47, inclusive. 

(b) 14 CFR part 36 Amendment 20. 

(c) Equivalent Safety Findings: 

(1) Number TC0309BO–R/F–1. 

(i) 14 CFR 29.173 Static longitudinal 

stability. 

(ii) 14 CFR 29.175 Demonstration of 

static longitudinal stability. 

(2) Number TC0309BO–R/F–4. 

(i) 14 CFR 29.177 Static directional 

stability. 

(3) Number TC0309BO–R/P–1. 

(i) 14 CFR 29.1305(a)(24) Power Plant 

Instruments. 

(4) Number TC0309BO–R/P–5. 

(i) 14 CFR 29.1181(a)(4) Designated 

Fire Zones; Regions Included. 

(d) Special Conditions: 

(1) No. 29–011–SC for Dual-Engine 30 

Minute Power. 

(2) No. 29–008–SC for High Intensity 

Radiated Frequency. 

(e) Noise Control Act of 1972. 

(f) Compliance with the following 

optional requirements has been 

established: Ditching provisions 

§ 29.563 including §§ 29.801 and 

29.807(d), and excluding §§ 29.1411, 

29.1415, and 29.1561 when emergency 

flotation system is installed. For 

extended over-water operations, 

compliance with the operating rules and 

§§ 29.1411, 29.1415, and 29.1561 must 

be shown. 

In addition to the applicable 

airworthiness standards and special 

conditions, the Sikorsky model S–92A 

must comply with the noise certification 

requirements of 14 CFR part 36. 

Regulatory Basis for Special Conditions 

If the Administrator finds the 

applicable airworthiness standards (that 

is, 14 CFR part 29) do not contain 

adequate or appropriate safety standards 

for the Sikorsky model S–92A 

helicopter because of a novel or unusual 

design feature, special conditions are 

prescribed under § 21.16. 

The FAA issues special conditions, as 

defined in § 11.19, under § 11.38 and 

they become part of the type 

certification basis under § 21.101. 

Special conditions are initially 

applicable to the model for which they 

are issued. Should the TC for that model 

be amended later to include any other 

model that incorporates the same novel 

or unusual design feature, or should any 

other model already included on the 

same TC be modified to incorporate the 

same novel or unusual design feature, 

these special conditions would also 

apply to the other model. 

Novel or Unusual Design Features 

The Sikorsky model S–92A helicopter 

will incorporate the following novel or 

unusual design features: 

The SAR system is composed of a 

navigation computer with SAR modes, 

an AFCS that provides coupled SAR 

functions, hoist operator control, a 

hover speed reference system, and two 

radio altimeters. The AFCS coupled 

SAR functions include: 

(a) Hover hold at selected height 

above the surface. 

(b) Ground speed hold. 

(c) Transition down and hover to a 

waypoint under guidance from the 

navigation computer. 

(d) SAR pattern, transition down, and 

hover near a target over which the 

helicopter has flown. 

(e) Transition up, climb, and capture 

a cruise height. 

(f) Capture and track SAR search 

patterns generated by the navigation 

computer. 

(g) Monitor the preselected hover 

height with automatic increase in 

collective if the aircraft height drops 

below the safe minimum height. 

These SAR modes are intended to be 

used over large bodies of water in areas 

clear of obstructions. Further, use of the 

modes that transition down from cruise 

to hover will include operation at 

airspeeds below VMINI. 

The SAR system only entails 

navigation, flight control, and coupled 

AFCS operation of the helicopter. The 

system does not include the extra 

equipment that may be required for over 


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water flight or external loads to meet 

other operational requirements. 

Comments Invited 

We invite 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. 

We will file in the special conditions 

docket all comments we receive, as well 

as a report summarizing each 

substantive public contact with FAA 

personnel about these special 

conditions. You can inspect the docket 

before and after the comment closing 

date. If you wish to review the docket 

in person, go to the address in the 

ADDRESSES section of this document 

between 8:30 a.m. and 4 p.m., Monday 

through Friday, except Federal holidays. 

We will consider all comments we 

receive by the closing date for 

comments. We will consider comments 

filed late if it is possible to do so 

without incurring additional expense or 

delay. We may change these special 

conditions based on the comments we 

receive. 

If you want us to let you know we 

received your mailed comments on 

these special conditions, send us a preaddressed, stamped postcard on which 

the docket number appears. We will 

stamp the date on the postcard and mail 

it back to you. 

Conclusion 

This action affects only certain novel 

or unusual design features on one model 

of helicopter. It is not a rule of general 

applicability. 

Normally, in adopting special 

conditions, the FAA provides notice 

and an opportunity for comment before 

issuing the final special conditions. 

However, because the delivery date of 

the Sikorsky model S–92A helicopter is 

imminent, we find that it is 

impracticable to provide prior notice 

because a delay would be contrary to 

the public interest. The FAA therefore 

finds that good cause exists for making 

these special conditions effective upon 

issuance. 

Applicability 

These special conditions apply to the 

Sikorsky model S–92A helicopters. 

Should Sikorsky apply at a later date for 

a change to the TC to include another 

model incorporating the same novel or 

unusual design feature, these special 

conditions would apply to that model as 

well. 

List of Subjects in 14 CFR Part 29 

Aircraft, Aviation safety. 

■ The authority citation for these 

special conditions is as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701– 

44702, 44704. 

The Special Conditions 

Accordingly, pursuant to the 

authority delegated to me by the 

Administrator, the following special 

conditions are issued as part of the type 

certification basis for Sikorsky Aircraft 

Corporation model S–92A helicopters 

when the optional Search and Rescue 

(SAR) Automatic Flight Control System 

(AFCS) is installed: 

In addition to the part 29 certification 

requirements for Category A and 

helicopter instrument flight (Appendix 

B), the following additional 

requirements must be met for 

certification of the SAR AFCS: 

(a) SAR Flight Modes. The coupled 

SAR flight modes must provide: 

(1) Safe and controlled flight in three 

axes (lateral and longitudinal position/ 

speed and height/vertical speed) at all 

airspeeds from instrument flight 

minimum speed (VMINI) to a hover 

(within the maximum demonstrated 

wind envelope). 

(2) Automatic transition to the 

helicopter instrument flight (Appendix 

B) envelope as part of the normal SAR 

mode sequencing. 

(3) A pilot-selectable Go-Around 

mode that safely interrupts any other 

coupled mode and automatically 

transitions to the helicopter instrument 

flight (Appendix B) envelope. 

(4) A means to prevent unintended 

flight below a safe minimum height. 

Pilot-commanded descent below the 

safe minimum height is acceptable 

provided the alerting requirements in 

(b)(7)(i) are sufficient to alert the pilot 

of this descent below safe minimum 

height. 

(b) SAR Mode System Architecture. 

To support the integrity of the SAR 

modes, the following system 

architecture is required: 

(1) A system for limiting the engine 

power demanded by the AFCS when 

any of the automatic piloting modes are 

engaged, so FADEC power limitations, 

such as torque and temperature, are not 

exceeded. 

(2) A system providing the aircraft 

height above the surface and final pilotselected height at a location on the 

instrument panel in a position 

acceptable to the FAA that will make it 

plainly visible to and usable by any 

pilot at their station. 

(3) A system providing the aircraft 

heading and the pilot-selected heading 

at a location on the instrument panel in 

a position acceptable to the FAA that 

will make it plainly visible to and 

usable by any pilot at their station. 

(4) A system providing the aircraft 

longitudinal and lateral ground speeds 

and the pilot-selected longitudinal and 

lateral ground speeds when used by the 

AFCS in the flight envelope where 

airspeed indications become unreliable. 

This information must be presented at a 

location on the instrument panel in a 

position acceptable to the FAA that is 

plainly visible to and usable by any 

pilot at their station. 

(5) A system providing wind speed 

and wind direction when automatic 

piloting modes are engaged or 

transitioning from one mode to another. 

(6) A system that monitors for flight 

guidance deviations and failures with 

an appropriate alerting function that 

enables the flight crew to take 

appropriate corrective action. 

(7) The alerting system must provide 

visual or aural alerts, or both, to the 

flight crew under any of the following 

conditions: 

(i) When the stored or pilot-selected 

safe minimum height is reached. 

(ii) When a SAR mode system 

malfunction occurs. 

(iii) When the AFCS changes modes 

automatically from one SAR mode to 

another. 

Note: For normal transitions from one SAR 

mode to another, a single visual or aural alert 

may suffice. For a SAR mode malfunction or 

a mode having a time-critical component, the 

flight crew alerting system must activate 

early enough to allow the flight crew to take 

timely and appropriate action. The alerting 

system means must be designed to alert the 

flight crew in order to minimize crew errors 

that could create an additional hazard. 

(8) The SAR system hoist operator 

control is considered a flight control 

with limited authority and must comply 

with the following: 

(i) The hoist operator control must be 

designed and located to provide for 

convenient operation and to prevent 

confusion and inadvertent operation. 

(ii) The helicopter must be safely 

controllable by the hoist operator 

control throughout the range of that 

control. 

(iii) The hoist operator control may 

not interfere with the safe operation of 

the helicopter. 

(iv) Pilot and copilot flight controls 

must be able to smoothly override the 

control authority of the hoist operator 

control, without exceptional piloting 

skill, alertness, or strength, and without 

the danger of exceeding any other 

limitation because of the override. 

(9) The reliability of the AFCS must 

be related to the effects of its failure. 


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The occurrence of any failure condition 

that would prevent continued safe flight 

and landing must be extremely 

improbable. For any failure condition of 

the AFCS which is not shown to be 

extremely improbable: 

(i) The helicopter must be safely 

controllable and capable of continued 

safe flight without exceptional piloting 

skill, alertness, or strength. Additional 

unrelated probable failures affecting the 

control system must be evaluated. 

(ii) The AFCS must be designed so 

that it cannot create a hazardous 

deviation in the flight path or produce 

hazardous loads on the helicopter 

during normal operation or in the event 

of a malfunction or failure, assuming 

corrective action begins within an 

appropriate period of time. Where 

multiple systems are installed, 

subsequent malfunction conditions 

must be evaluated in sequence unless 

their occurrence is shown to be 

improbable. 

(10) A functional hazard assessment 

(FHA) and a system safety assessment 

must be provided to address the failure 

conditions associated with SAR 

operations. For SAR catastrophic failure 

conditions, changes may be required to 

the following: 

(i) System architecture. 

(ii) Software and complex electronic 

hardware design assurance levels. 

(iii) HIRF test levels. 

(iv) Instructions for continued 

airworthiness. 

The assessments must consider all the 

systems required for SAR operations to 

include the AFCS, all associated AFCS 

sensors (for example, radio altimeter), 

and primary flight displays. Electrical 

and electronic systems with SAR 

catastrophic failure conditions (for 

example, AFCS) must comply with the 

§ 29.1317(a)(4) High Intensity Radiated 

Field (HIRF) requirements. 

(c) SAR Mode Performance 

Requirements. 

(1) The SAR modes must be 

demonstrated in the requested flight 

envelope for the following minimum 

sea-state and wind conditions: 

(i) Sea State: Wave height of 2.5 

meters (8.2 feet), considering both short 

and long swells. 

(ii) Wind: 25 knots headwind; 17 

knots for all other azimuths. 

(2) The selected hover height and 

hover velocity must be captured (to 

include the transition from one captured 

mode to another captured mode) 

accurately and smoothly and not exhibit 

any significant overshoot or oscillation. 

(3) For any single failure or any 

combination of failures of the AFCS that 

is not shown to be extremely 

improbable, the recovery must not result 

in a loss of height greater than half of 

the minimum use height (MUH) with a 

minimum margin of 15 feet above the 

surface. MUH is the minimum height at 

which any SAR AFCS mode can be 

engaged. 

(4) The SAR mode system must be 

usable up to the maximum certified 

gross weight of the aircraft or to the 

lower of the following weights: 

(i) Maximum emergency flotation 

weight. 

(ii) Maximum hover Out-of-Ground 

Effect (OGE) weight. 

(iii) Maximum demonstrated weight. 

(d) Flight Characteristics. 

(1) The basic aircraft must meet all the 

part 29 airworthiness criteria for 

helicopter instrument flight (Appendix 

B). 

(2) For SAR mode coupled flight 

below VMINI, at the maximum 

demonstrated winds, the helicopter 

must be able to maintain any required 

flight condition and make a smooth 

transition from any flight condition to 

any other flight condition without 

requiring exceptional piloting skill, 

alertness, or strength, and without 

exceeding the limit load factor. This 

requirement also includes aircraft 

control through the hoist operator’s 

control. 

(3) For SAR modes at airspeeds below 

VMINI the following requirements of 

Appendix B to part 29 must be met and 

will be used as an extension to the IFR 

certification envelope of the basic 

aircraft: 

(i) Static Longitudinal Stability: the 

requirements of paragraph IV of 

Appendix B are not applicable. 

(ii) Static Lateral-Directional Stability: 

The requirements of paragraph V of 

Appendix B are not applicable. 

(iii) Dynamic Stability: The 

requirements of paragraph VI of 

Appendix B are replaced with the 

following two paragraphs: 

(A) Any oscillation must be damped 

and any aperiodic response must not 

double in amplitude in less than 10 

seconds. This requirement must also be 

met with degraded upper mode(s) of the 

AFCS. An ‘‘upper mode’’ is a mode that 

utilizes a fully coupled autopilot to 

provide an operational SAR profile. 

(B) After any upset, the AFCS must 

return the aircraft to the last 

commanded position within 10 seconds 

or less. 

(4) With any of the upper mode(s) of 

the AFCS engaged the pilot must be able 

to manually recover the aircraft and 

transition to the normal (Appendix B) 

IFR flight profile envelope without 

exceptional skill, alertness, or strength. 

(e) One-Engine Inoperative (OEI) 

Performance Information. 

(1) The following performance 

information must be provided in the 

Rotorcraft Flight Manual Supplement 

(RFMS): 

(i) OEI performance information and 

emergency procedures, providing the 

maximum weight that will provide a 

minimum clearance of 15 feet above the 

surface, following failure of the critical 

engine in a hover. The maximum weight 

must be presented as a function of the 

hover height for the temperature and 

pressure altitude range requested for 

certification. The effects of wind must 

be reflected in the hover performance 

information. 

(ii) Hover OGE performance with the 

critical engine inoperative for OEI 

continuous and time-limited power 

ratings for those weights, altitudes, and 

temperatures for which certification is 

requested. 

Note: These OEI performance requirements 

do not replace performance requirements that 

may be needed to comply with the 

airworthiness or operational standards 

(§ 29.865 or 14 CFR part 133) for external 

loads or human external cargo. 

(f) RFMS. 

(1) The RFMS must contain, at a 

minimum: 

(i) Limitations necessary for safe 

operation of the SAR system to include: 

(A) Minimum crew requirements. 

(B) Maximum SAR weight. 

(C) Engagement criteria for each of the 

SAR modes to include MUH (as 

determined in subparagraph (c)(3)). 

(ii) Normal and emergency procedures 

for operation of the SAR system (to 

include operation of the hoist operator 

control), with AFCS failure modes, 

AFCS degraded modes, and engine 

failures. 

(iii) Performance information: 

(A) OEI performance and height-loss. 

(B) Hover OGE performance 

information, utilizing OEI continuous 

and time-limited power ratings. 

(C) The maximum wind envelope 

demonstrated in flight test. 

(g) Flight Demonstration. 

(1) Before approval of the SAR 

system, an acceptable flight 

demonstration of all the coupled SAR 

modes is required. 

(2) The AFCS must provide fail-safe 

operations during coupled maneuvers. 

The demonstration of fail-safe 

operations must include a pilot 

workload assessment associated with 

manually flying the aircraft to an 

altitude greater than 200 feet above the 

surface and an airspeed of at least the 

best rate of climb airspeed (Vy). 

(3) For any failure condition of the 

SAR system not shown to be extremely 

improbable, the pilot must be able to 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
77528 Federal Register / Vol. 75, No. 238 / Monday, December 13, 2010 / Rules and Regulations 

make a smooth transition from one 

flight mode to another without 

exceptional piloting skill, alertness, or 

strength. 

(4) Failure conditions that are not 

shown to be extremely improbable must 

be demonstrated by analysis, ground 

testing, or flight testing. For failures 

demonstrated in flight, the following 

normal pilot recovery times are 

acceptable: 

(i) Transition modes (Cruise-to-Hover/ 

Hover-to-Cruise) and Hover modes: 

Normal pilot recognition plus 1 second. 

(ii) Cruise modes: Normal pilot 

recognition plus 3 seconds. 

(5) All AFCS malfunctions must 

include evaluation at the low-speed and 

high-power flight conditions typical of 

SAR operations. Additionally, AFCS 

hard-over, slow-over, and oscillatory 

malfunctions, particularly in yaw, 

require evaluation. AFCS malfunction 

testing must include a single or a 

combination of failures (for example, 

erroneous data from and loss of the 

radio altimeter, attitude, heading, and 

altitude sensors) which are not shown to 

be extremely improbable. 

(6) The flight demonstration must 

include the following environmental 

conditions: 

(i) Swell into wind. 

(ii) Swell and wind from different 

directions. 

(iii) Cross swell. 

(iv) Swell of different lengths (short 

and long swell). 

Issued in Fort Worth, Texas, on December 

3, 2010. 

Kimberly K. Smith, 

Manager, Rotorcraft Directorate, Aircraft 

Certification Service. 

[FR Doc. 2010–31188 Filed 12–10–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

15 CFR Part 902 

[Docket No. 070910507–0576–03] 

RIN 0648–AV94 

Endangered and Threatened Wildlife 

and Plants: Final Rulemaking To 

Establish Take Prohibitions for the 

Threatened Southern Distinct 

Population Segment of North American 

Green Sturgeon; Permit and Reporting 

Requirements 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule; approval of 

collection-of-information requirements. 

SUMMARY: NMFS announces the 

approval of collection-of-information 

requirements contained in protective 

regulations established under the 

Endangered Species Act (ESA) for the 

threatened Southern Distinct Population 

Segment of North American green 

sturgeon (Acipenser medirostris; 

hereafter, Southern DPS). The intent of 

this final rule is to inform the public of 

the permitting and reporting 

requirements. 

DATES: The amendment to 15 CFR 902.1 

is effective January 12, 2011. The 

collection-of-information requirements 

in 50 CFR 223.210 are approved on 

January 12, 2011. 

ADDRESSES: Written comments 

regarding the burden-hour estimates or 

other aspects of the collection-ofinformation requirements contained in 

this final rule may be submitted to the 

Assistant Regional Administrator, 

Protected Resources Division, 

Southwest Region (SWR), NMFS, 501 

West Ocean Boulevard, Suite 4200, 

Long Beach, CA 90802–4213, and by email to OIRA_Submission@omb.eop.gov 

or fax to 202–395–7285. 

FOR FURTHER INFORMATION CONTACT: 

Melissa Neuman, NMFS SWR, 562– 

980–4115. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

This Federal Register document is 

also accessible at the Web site of the 

Office of the Federal Register: http:// 

www.gpoaccess.gov/fr/index.html. 

Background 

A final rule to establish protective 

regulations under section 4(d) of the 

ESA for the Southern DPS was 

published in the Federal Register on 

June 2, 2010 (75 FR 30714) (the final 

ESA 4(d) Rule). The final ESA 4(d) Rule, 

other than the collection-of-information 

requirements, went into effect on July 2, 

2010. When the final rule was 

published, the Office of Management 

and Budget (OMB) had not yet approved 

the collection-of-information 

requirements under the Paperwork 

Reduction Act (PRA), and therefore the 

effective date of the permitting and 

reporting requirements in that rule was 

delayed. No public comments were 

received regarding the permitting and 

reporting requirements in the final ESA 

4(d) Rule. 

OMB approved the collection-ofinformation requirements contained in 

the final ESA 4(d) Rule on October 5, 

2010. Accordingly, this final rule 

announces the approval January 12, 

2011 of the collection-of-information 

requirements at 50 CFR 223.210, as 

published in the final ESA 4(d) Rule. 

Under NOAA Administrative Order 

205–11, dated December 17, 1990, the 

Under Secretary for Oceans and 

Atmosphere has delegated authority to 

sign material for publication in the 

Federal Register to the Assistant 

Administrator for Fisheries, NOAA. 

Classification 

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866. 

Notwithstanding any other provision 

of the law, no person is required to 

respond to, and no person shall be 

subject to penalty for failure to comply 

with, a collection of information subject 

to the requirements of the PRA, unless 

that collection of information displays a 

currently valid OMB control number. 

This final rule concerns the following 

collection-of-information requirements 

subject to the PRA and approved by 

OMB under control number 0648–0613: 

(1) Exception for Federal, State, or 

private-sponsored research or 

monitoring—written notification 

regarding Federal, State, or privatesponsored research or monitoring 

activities that meet the exception 

criteria in the ESA 4(d) Rule, to be 

submitted at least 60 days prior to the 

start of the research or monitoring 

activities, and regular reports 

summarizing project results and total 

numbers of takes of ESA listed species, 

to be submitted on a schedule to be 

determined by NMFS; (2) Exception for 

habitat restoration activities—written 

notification regarding habitat restoration 

activities that meet the exception 

criteria in the ESA 4(d) Rule, to be 

submitted at least 60 days prior to the 

start of the restoration project, and 

regular progress reports to be submitted 

on a schedule to be determined by 

NMFS; (3) Exception for emergency fish 

rescue activities—written reports 

regarding emergency fish rescue 

activities conducted under the ESA 4(d) 

Rule exception, to be submitted within 

30 days after conducting emergency fish 

rescue activities; (4) Fishery 

Management and Evaluation Plans 

(FMEPs) for NMFS review and approval 

and biannual reports providing the 

number of green sturgeon taken in the 

fishery and an evaluation and summary 

of the effectiveness of the FMEP; (5) 

Tribal Fishery Management Plans 

(TFMPs) for NMFS review and 

approval; and (6) State ESA 4(d) 

research programs for NMFS review and 

approval and annual reports 

summarizing project results and the 


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