8092 Federal Register / Vol. 77, No. 30 / Tuesday, February 14, 2012 / Rules and Regulations 

annotation does not specify the plant 

source of lecithin and, therefore, 

nonorganic de-oiled lecithin from nonsoy and nonorganic sources may be 

used when organic equivalents are not 

available. A substance is considered 

commercially available if it is available 

in an appropriate form, quality, or 

quantity to fulfill an essential function 

in a system of organic production or 

handling, as determined by the 

certifying agent in the course of 

reviewing the organic plan. In summary, 

this annotation change would not limit 

the use of lecithin to organic de-oiled 

soy lecithin. Non-soy sources that are 

non-GMO and nonorganic would 

remain acceptable under § 205.606, and 

accredited certifying agents would 

continue to require any nonorganic deoiled lecithin to be sourced from nonGMO sources as long as de-oiled 

lecithin is not commercially available in 

organic form. 

Changes Requested But Not Made 

Commenters requested that the 

proposed action be amended for 

§ 205.606 to allow the use of non-GMO, 

non-allergenic lecithin. We have not 

made that change because we believe 

this request is mostly accommodated by 

the proposed action. Nonorganic forms 

of de-oiled lecithin can be used when 

the organic version is not commercially 

available. The NOP regulations define 

commercially available as a production 

input in an appropriate form, quality, or 

quantity to fulfill an essential function 

in a system of organic production or 

handling, as determined by the 

certifying agent in the course of 

reviewing the organic plan. Therefore, if 

a processor intends to make a soy-free 

product containing lecithin, in which 

de-oiled is the appropriate form, the 

processor may use nonorganic de-oiled 

lecithin from sunflower, canola or other 

sources if lecithin from the preferred 

sources is not available in organic form. 

If a product requires a form of lecithin 

other than de-oiled, such as fluid or 

powered, the lecithin must be sourced 

organically. The NOSB recommendation 

was finalized in May 2009. We believe 

that processors have had adequate 

notice to pursue the procurement of 

non-soy forms of organic lecithin if their 

products are intended to be soy free. 

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. In § 205.601 add new paragraph (o) 

to read as follows: 

§ 205.601 Synthetic substances allowed 

for use in organic crop production. 

* * * * * 

(o) As production aids. 

Microcrystalline cheesewax (CAS #’s 

64742–42–3, 8009–03–08, and 8002–74– 

2)–for use in log grown mushroom 

production. Must be made without 

either ethylene-propylene co-polymer or 

synthetic colors. 

* * * * * 

■ 3. Section 205.605 is amended by: 

■ A. Removing ‘‘Lecithin-bleached’’ 

from paragraph (b); and 

■ B. Adding one new substance 

‘‘Acidified sodium chlorite’’, in 

alphabetical order, to paragraph (b) 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)).’’ 

* * * * * 

(b) * * * 

Acidified sodium chlorite— 

Secondary direct antimicrobial food 

treatment and indirect food contact 

surface sanitizing. Acidified with citric 

acid only. 

* * * * * 

■ 4. Section 205.606 is amended by: 

■ A. Revising paragraph (p); 

■ B. Redesignating paragraphs (r) 

through (t) and paragraphs (u) through 

(y) as paragraphs (s) through (u) and (w) 

through (aa) respectively; and 

■ C. Adding new paragraphs (r) and (v). 

The revisions read as follows: 

§ 205.606 Nonorganically produced 

agricultural products allowed as ingredients 

in or on processed products labeled as 

‘‘organic.’’ 

* * * * * 

(p) Lecithin—de-oiled. 

* * * * * 

(r) Orange pulp, dried. 

* * * * * 

(v) Seaweed, Pacific kombu. 

* * * * * 

Dated: February 3, 2012. 

Robert C. Keeney, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2012–2938 Filed 2–13–12; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0889; Directorate 

Identifier 2009–NE–35–AD; Amendment 39– 

16953; AD 2012–03–11] 

RIN 2120–AA64 

Airworthiness Directives; Turbomeca 

S.A. Turboshaft Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are superseding an 

existing airworthiness directive (AD) for 

all Turbomeca S.A. Arriel 2B and 2B1 

turboshaft engines. That AD currently 

requires checking the transmissible 

torque between the low-pressure (LP) 

pump impeller and the high-pressure 

(HP) pump shaft on high-pressure/lowpressure (HP/LP) pump hydromechanical metering units (HMUs) that 

do not incorporate Modification TU 147. 

This new AD requires inspection and 

possible replacement of the HMU. This 

AD was prompted by three additional 

cases of uncoupling of the HP/LP pump 

HMU LP fuel pump impeller and the HP 

fuel pump shaft, since the existing AD 

was issued. We are issuing this AD to 

prevent an uncommanded in-flight 

shutdown, which can result in a forced 

autorotation landing or accident. 

DATES: This AD is effective March 20, 

2012. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of March 20, 2012. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain other publication listed in 

this AD as of March 11, 2010 (75 FR 

5689, February 4, 2010). 

ADDRESSES: For service information 

identified in this AD, contact 

Turbomeca S.A., 40220 Tarnos, France; 

phone: 33–05–59–74–40–00, fax: 33– 

05–59–74–45–15. You may review 

copies of the referenced service 

information at the FAA, Engine & 

Propeller Directorate, 12 New England 

Executive Park, Burlington, MA. For 

information on the availability of this 

material at the FAA, call 781–238–7125. 


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Federal Register / Vol. 77, No. 30 / Tuesday, February 14, 2012 / Rules and Regulations 8093 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this AD, the regulatory 

evaluation, any comments received, and 

other information. The address for the 

Docket Office (phone: 800–647–5527) is 

Document Management Facility, U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE., Washington, 

DC 20590. 

FOR FURTHER INFORMATION CONTACT: Rose 

Len, Aerospace Engineer, Engine 

Certification Office, FAA, Engine & 

Propeller Directorate, 12 New England 

Executive Park, Burlington, MA 01803; 

phone: 781–238–7772; fax: 781–238– 

7199; email: rose.len@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to supersede AD 2010–03–06, 

Amendment 39–16189 (75 FR 5689, 

February 4, 2010). That AD applies to 

the specified products. The NPRM 

published in the Federal Register on 

November 7, 2011 (76 FR 68661). That 

NPRM proposed to require inspection 

and possible replacement of the HMU. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. The 

following presents the comment 

received on the proposal and the FAA’s 

response to that comment. 

Claim That the Shop Rate Is Too Low 

One commenter, Advanced Helicopter 

Services, claimed that our shop rate in 

the proposed AD was too low. 

We do not agree. We used the hourly 

labor rate determined by the Office of 

Management and Budget. We did not 

change the AD. 

Clarification of Paragraph (e)(1)(ii) 

Since we issued the NPRM (76 FR 

68661, November 7, 2011), we 

determined that paragraph (e)(1)(ii) was 

unclear and made changes to clarify the 

population affected. We also 

reformatted the compliance instruction 

in this paragraph for clarity. 

Conclusion 

We reviewed the relevant data, 

considered the comment received, and 

determined that air safety and the 

public interest require adopting the AD 

with the change described previously. 

Costs of Compliance 

Based on the service information, we 

estimate that this AD will affect about 

540 engines installed on helicopters of 

U.S. registry. We also estimate that it 

will take about 2.5 work-hours per 

engine to comply with this AD. The 

average labor rate is $85 per work-hour. 

Replacement HMUs will cost about 

$12,000 per engine. Based on these 

figures, if all of the HMUs were to fail 

the check, we estimate the cost of the 

AD on U.S. operators to be $6,594,750. 

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 have 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 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979), 

(3) Will not affect intrastate aviation 

in Alaska, 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. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 14 CFR part 39 as 

follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

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

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by 

removing airworthiness directive (AD) 

2010–03–06, Amendment 39–16189 (75 

FR 5689, February 4, 2010), and adding 

the following new AD: 

2012–03–11 Turbomeca S.A.: Amendment 

39–16953; Docket No. FAA–2009–0889; 

Directorate Identifier 2009–NE–35–AD. 

(a) Effective Date 

This airworthiness directive (AD) is 

effective March 20, 2012. 

(b) Affected ADs 

This AD supersedes AD 2010–03–06, 

Amendment 39–16189 (75 FR 5689, February 

4, 2010). 

(c) Applicability 

This AD applies to all Turbomeca S.A. 

Arriel 2B and 2B1 turboshaft engines. 

(d) Unsafe Condition 

This AD was prompted by three additional 

cases of uncoupling of the high-pressure/lowpressure (HP/LP) pump hydro-mechanical 

metering unit (HMU) low-pressure (LP) fuel 

pump impeller and the high-pressure (HP) 

fuel pump shaft, since AD 2010–03–06 (75 

FR 5689, February 4, 2010) was issued. 

However, these failures were in HMUs that 

were modified to post-TU 147 configuration 

HMUs. The investigation indicates that these 

HMUs may also need to be replaced. We are 

issuing this AD to prevent an uncommanded 

in-flight shutdown, which can result in a 

forced autorotation landing or accident. 

(e) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(1) Check the transmissible torque between 

the LP fuel pump impeller and the HP fuel 

pump shaft as follows: 

(i) For HMUs that do not incorporate 

Modification TU 147, check the torque before 

accumulating 500 engine flight hours (EFH) 

since March 11, 2010 (the effective date of 

AD 2010–03–06 (75 FR 5689, February 4, 

2010)). Use Paragraph 2 of Turbomeca Alert 

Mandatory Service Bulletin (MSB) No. A292 

73 2830, Version B, dated July 10, 2009, to 

do the check. 

(ii) For HMUs that incorporated 

Modification TU 147 on or before March 31, 

2010 and those HMUs that are not listed in 

Figures 2 or 3 of Turbomeca Alert MSB No. 

A292 73 2836, Version A, dated August 17, 

2010: 


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8094 Federal Register / Vol. 77, No. 30 / Tuesday, February 14, 2012 / Rules and Regulations 

1Public Law 95–452; 92 Stat. 1101 (1978), as 

amended. 

2Public Law 111–203; 124 Stat. 1376 (2010). 

3 5 U.S.C. 553(b). 

4 5 U.S.C. 601–612. 

5 5 U.S.C. 804. 

6 44 U.S.C. 3501–3520. 

(A) Check the torque within 750 EFH from 

the effective date of this AD, but no later than 

14 months after the effective date of this AD. 

(B) Use Paragraph 2 of Turbomeca Alert 

MSB No. A292 73 2836, Version A, dated 

August 17, 2010, to do the check. 

(2) If the HMU does not pass the torque 

check, then replace the HMU with an HMU 

that is eligible for installation. 

(f) HMU Reinstallation 

Do not install any HMU removed from 

service by this AD until it has been checked 

in accordance with Paragraph 2 of 

Turbomeca Alert MSB No. A292 73 2836, 

Version A, dated August 17, 2010, or checked 

in accordance with Paragraph 2 of 

Turbomeca Alert MSB No. A292 73 2830, 

Version B, dated July 10, 2009, and found 

eligible for installation. 

(g) Alternative Methods of Compliance 

(AMOCs) 

The Manager, Engine Certification Office, 

may approve AMOCs for this AD. Use the 

procedures found in 14 CFR 39.19 to make 

your request. 

(h) Related Information 

For more information about this AD, 

contact Rose Len, Aerospace Engineer, 

Engine Certification Office, FAA, Engine & 

Propeller Directorate, 12 New England 

Executive Park, Burlington, MA 01803; 

phone: 781–238–7772; fax: 781–238–7199; 

email: rose.len@faa.gov. 

(i) Material Incorporated by Reference 

You must use the following service 

information to do the actions required by this 

AD, unless the AD specifies otherwise. The 

Director of the Federal Register approved the 

incorporation by reference (IBR) under 5 

U.S.C. 552(a) and 1 CFR part 51 of the 

following service information on the date 

specified. 

(1) Turbomeca Alert Mandatory Service 

Bulletin No. A292 73 2836, Version A, dated 

August 17, 2010 approved for IBR on March 

20, 2012. 

(2) Turbomeca Alert Mandatory Service 

Bulletin No. A292 73 2830, Version B, dated 

July 10, 2009 approved for IBR on March 11, 

2010. 

(3) For service information identified in 

this AD, contact Turbomeca S.A., 40220 

Tarnos, France; phone: 33–05–59–74–40–00, 

fax: 33–05–59–74–45–15. 

(4) You may review copies of the service 

information at the FAA, Engine & Propeller 

Directorate, 12 New England Executive Park, 

Burlington, MA. For information on the 

availability of this material at the FAA, call 

781–238–7125. 

(5) You may also review copies of the 

service information that is incorporated by 

reference at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, or go 

to: http://www.archives.gov/federal-register/

cfr/ibr_locations.html. 

Issued in Burlington, Massachusetts, on 

February 6, 2012. 

Peter A. White, 

Manager, Engine & Propeller Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–3255 Filed 2–13–12; 8:45 am] 

BILLING CODE 4910–13–P 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Part 200 

[Release No. 34–66355] 

Reporting Line for the Commission’s 

Inspector General 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Final rule. 

SUMMARY: The Securities and Exchange 

Commission (‘‘Commission’’) is 

amending its rules to conform them to 

amendments made to the Inspector 

General Act of 1978 that require the 

Commission’s Inspector General to 

report to and be under the general 

supervision of the full Commission. 

DATES: Effective Date: February 14, 

2012. 

FOR FURTHER INFORMATION CONTACT: 

Mary Beth Sullivan, Counsel, Office of 

the Inspector General, at (202) 551– 

6039, Securities and Exchange 

Commission, 100 F Street NE., 

Washington, DC 20549. 

SUPPLEMENTARY INFORMATION: 

I. Discussion 

Section 8G(d)(1) of the Inspector 

General Act of 1978 (‘‘IG Act’’) 1

provides: ‘‘Each Inspector General shall 

report to and be under the general 

supervision of the head of the 

designated Federal entity, but shall not 

report to, or be subject to supervision 

by, any other officer or employee of 

such designated Federal entity.’’ Prior to 

the Dodd-Frank Wall Street Reform and 

Consumer Protection Act (‘‘Dodd-Frank 

Act’’),2 section 8G(a)(4) of the IG Act 

defined the ‘‘head of the designated 

Federal entity’’ to mean, unless 

specifically designated by statute, the 

chief policymaking officer or board of 

the designated Federal entity as 

identified in a list published annually 

by the Director of the Office of 

Management and Budget (‘‘OMB’’). 

OMB’s annual lists identified the 

‘‘Chairperson’’ as the head of the SEC. 

Section 989B of the Dodd-Frank Act 

amended the IG Act to provide that the 

‘‘head of the designated Federal entity’’ 

with a board or commission (such as the 

SEC) means ‘‘the board or commission 

of the designated Federal entity * * * .’’ 

Accordingly, the Inspector General must 

now report to, and be under the general 

supervision of, the full Commission. 

These amendments conform the 

Commission’s rules that address the 

reporting line of the Commission’s 

Inspector General to the amendments 

made by the Dodd-Frank Act to the IG 

Act by replacing references to the 

‘‘Chairman’’ in these rules with 

references to the ‘‘Commission’’. 

II. Related Matters 

A. Administrative Procedure Act and 

Other Administrative Laws 

The Commission has determined that 

these amendments to its rules relate 

solely to the agency’s organization, 

procedure, or practice. Accordingly, the 

provisions of the Administrative 

Procedure Act regarding notice of 

proposed rulemaking and opportunity 

for public participation are not 

applicable.3 The Regulatory Flexibility 

Act, therefore, does not apply.4 Because 

these rules relate solely to the agency’s 

organization, procedure, or practice and 

do not substantially affect the rights or 

obligations of non-agency parties, they 

are not subject to the Small Business 

Regulatory Enforcement Fairness Act.5

Finally, these amendments do not 

contain any collection of information 

requirements as defined by the 

Paperwork Reduction Act of 1995, as 

amended.6

B. Cost-Benefit Analysis 

The Commission is sensitive to the 

costs and benefits imposed by its rules. 

The amendments adopted today are 

procedural in nature and will produce 

the benefit of conforming the 

Commission’s rules to amendments 

made to the IG Act that require the 

Commission’s Inspector General to 

report to and be under the general 

supervision of the full Commission. The 

Commission also believes that these 

amendments will not impose any costs 

on non-agency parties, or that if there 

are any such costs, they are negligible. 

C. Consideration of Burden on 

Competition 

Section 23(a)(2) of the Exchange Act 

requires the Commission, in making 

rules pursuant to any provision of the 

Exchange Act, to consider among other 


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