78694 Federal Register / Vol. 79, No. 250 / Wednesday, December 31, 2014 / Rules and Regulations 

meets all other applicable requirements 

under this part, if the applicant: 

(1) Received a write-down under 

section 353 of the Act; 

(2) Is current on payments under a 

confirmed reorganization plan under 

Chapter 11, 12, or 13 of Title 11 of the 

United States Code; or 

(3) Received debt forgiveness on not 

more than one occasion after April 4, 

1996, resulting directly and primarily 

from a Presidentially-designated 

emergency for the county or contiguous 

county in which the applicant operates. 

Only applicants who were current on all 

existing direct and guaranteed FLP 

loans prior to the beginning date of the 

incidence period of a Presidentiallydesignated emergency and received debt 

forgiveness on that debt within 3 years 

after the designation of such emergency 

meet this exception. 

(d) In the case of an entity applicant, 

the entity must be: 

(1) Controlled by farmers engaged 

primarily and directly in farming in the 

United States; and 

(2) Authorized to operate the farm in 

the State in which the farm is located. 

(e) The applicant and anyone who 

will sign the promissory note, may close 

an OL in no more than 7 calendar years, 

either as an individual or as a member 

of an entity, except as provided in 

paragraphs (e)(1) through (4) of this 

section. The years may be consecutive 

or nonconsecutive, and there is no limit 

on the number of OLs closed in a year. 

Microloans made to a beginning farmer 

or a veteran farmer are not counted 

toward this limitation. Youth loans are 

not counted toward this limitation. The 

following exceptions apply: 

(1) This limitation does not apply if 

the applicant and anyone who will sign 

the promissory note is a beginning 

farmer. 

(2) This limitation does not apply if 

the applicant’s land is subject to the 

jurisdiction of an Indian tribe, the loan 

is secured by one or more security 

instruments subject to the jurisdiction of 

an Indian tribe, and commercial credit 

is generally not available to such farm 

operations. 

(3) If the applicant, and anyone who 

will sign the promissory note, has 

closed direct OL loans in 4 or more 

previous calendar years as of April 4, 

1996, the applicant is eligible to close 

OL loans in any 3 additional years after 

that date. 

(4) On a case-by-case basis, may be 

granted a one-time waiver of OL term 

limits for a period of 2 years, not subject 

to administrative appeal, if the 

applicant: 

(i) Has a financially viable operation; 

(ii) And in the case of an entity, the 

members holding the majority interest, 

applied for commercial credit from at 

least two lenders and were unable to 

obtain a commercial loan, including an 

Agency-guaranteed loan; and 

(iii) Has successfully completed, or 

will complete within one year, borrower 

training. Previous waivers to the 

borrower training requirements are not 

applicable under this paragraph. 

■ 11. Add § 764.254(a)(4) to read as 

follows: 

§ 764.254 Rates and terms. 

(a) * * * 

(4) The Agency’s Direct ML OL 

interest rate on an ML to a beginning 

farmer or veteran farmer is available in 

each Agency office. ML borrowers in 

these groups have the option of 

choosing the ML OL interest rate or the 

Direct OL interest rate in effect at the 

time of approval, or if lower, the rate in 

effect at the time of closing. 

* * * * * 

§ 764.302 [Amended] 

■ 12. In § 764.302, remove paragraph (d) 

and redesignate paragraphs (e) through 

(f) as paragraphs (d) through (e). 

PART 765—DIRECT LOAN 

SERVICING—REGULAR 

■ 13. The authority citation for part 765 

continues to read as follows: 

Authority: 5 U.S.C. 301 and 7 U.S.C. 1989. 

Subpart F—Required Use and 

Operation of Agency Security 

■ 14. Revise § 765.252(b)(1) to read as 

follows: 

§ 765.252 Lease of security. 

* * * * * 

(b) * * * 

(1) For FO loans made from December 

23, 1985, to February 7, 2014, and loans 

other than FO loans secured by real 

estate and made from December 23, 

1985, to November 1, 2013, the value of 

the mineral rights must have been 

included in the original appraisal in 

order for the Agency to obtain a security 

interest in any oil, gas, and other 

mineral associated with the real estate 

security. 

* * * * * 

Signed on December 16, 2014. 

Val Dolcini, 

Administrator, Farm Service Agency. 

[FR Doc. 2014–30172 Filed 12–30–14; 8:45 am] 

BILLING CODE 3410–05–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 29 

[Docket No. FAA–2014–1090; Special 

Conditions No. 29–037–SC] 

Special Conditions: Airbus Helicopters 

Deutschland GmbH Model MBB– 

BK117D–2 Helicopters; Use of 30- 

Minute Power Rating 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions; request 

for comments. 

SUMMARY: These special conditions are 

issued for the Airbus Helicopters 

Deutschland GmbH Model MBB–BK117 

D–2 helicopter. This model helicopter 

will have the novel or unusual design 

feature of a 30-minute power rating, 

generally intended to be used for 

hovering at increased power for search 

and rescue missions. 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 Airbus 

Helicopters Deutschland GmbH Model 

MBB–BK117D–2 Helicopters on 

December 19, 2014. 

We must receive your comments by 

March 2, 2015. 

ADDRESSES: Send comments identified 

by docket number FAA–2014–1090 

using any of the following methods: 

D Federal eRegulations Portal: Go to 

http://www.regulations.gov and follow 

the online instructions for sending your 

comments electronically. 

D 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. 

D Hand Delivery of 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 8 

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

Friday, except Federal holidays. 

D Fax: Fax comments to Docket 

Operations at 202–493–2251. 

Privacy: The FAA will post all 

comments it receives, without change, 

to http://regulations.gov, including any 

personal information the commenter 

provides. Using the search function of 

the docket Web site, anyone can find 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 250 / Wednesday, December 31, 2014 / Rules and Regulations 78695 

and read the electronic form of all 

comments received into any FAA 

docket, including the name of the 

individual sending the comment (or 

signing the comment for an association, 

business, labor union, etc.). DOT’s 

complete Privacy Act Statement can be 

found in the Federal Register published 

on April 11, 2000 (65 FR 19477–19478), 

as well as at http://DocketsInfo.dot.gov. 

Docket: You can read the background 

documents or comments received at 

http://www.regulations.gov. Follow the 

online instructions for accessing the 

docket or go to the Docket Operations in 

Room @12–140 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: Rao 

Edupuganti, Rotorcraft Standards Staff, 

ASW–111, Rotorcraft Directorate, 

Aircraft Certification Service, 2601 

Meacham Blvd., Fort Worth, Texas 

76137; telephone (817) 222–4389; email 

rao.edupaganti@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Reason for No Prior Notice and 

Comment Before Adoption 

The FAA has determined that notice 

and opportunity for public comment are 

impractical and contrary to the public 

interest because the issuance of a design 

approval would significantly delay 

delivery of the affected aircraft. 

Therefore, we find that good cause 

exists for making these special 

conditions effective upon issuance. 

Comments Invited 

While we did not precede this with a 

notice of proposed special conditions, 

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 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 expense or delay. We 

may change these special conditions 

based on the comments we receive. 

Background and Discussion 

On December 21, 2009, Airbus 

Helicopters Deutschland GmbH applied 

to amend Type Certificate No. H13EU to 

include the new Model MBB–BK117 D– 

2. The MBB–BK117 D–2, which is a 

derivative of the MBB–BK117 C–2 

currently approved under Type 

Certificate No. H13EU, is a Transport 

Category, 14 CFR part 29, twin engine 

conventional helicopter designed for 

civil operations. It is certificated with 

Category A performance and for day and 

night operation under visual and 

instrument flight rules. It is powered by 

two Turbomeca Arriel 2E engines with 

dual channel Full Authority Digital 

Engine Control systems and has four 

main rotor blades and a maximum gross 

weight of 8,046 pounds. It has an 

integrated modular avionics suite with 

three 6x8 inch multi-function displays 

termed the Common Integrated Global 

Avionics for Light Helicopters. 

Airbus Helicopters Deutschland 

GmbH proposes that the model MBB– 

BK117 D–2 use a novel and unusual 

design feature, which is a 30-minute 

power rating, identified in the 

Turbomeca Arriel 2E Engine Special 

Conditions No. 33–009–SC. 14 CFR 1.1 

defines ‘‘rated takeoff power’’ as limited 

in use to no more than 5 minutes for 

takeoff operation. Thus, the use of 

takeoff power for 30 minutes will 

require special airworthiness standards, 

known as special conditions, to address 

the use of this 30-minute power rating 

and its effects on the rotorcraft. These 

special conditions will add 

requirements to the existing 

airworthiness standards in 14 CFR 

29.1049 (Hover cooling test procedures), 

§ 29.1305 (Powerplant instruments), and 

§ 29.1521 (Powerplant limitations). 

The following is a summary of the 

final special conditions: 

In addition to the requirements of 

§ 29.1049 (Hover cooling test 

procedures), the aircraft cooling effects 

due to use of the 30-minute power 

rating versus the Takeoff (5-minute) 

rating must be accounted for in the 

testing. 

In addition to the requirements of 

§ 29.1305, Powerplant Instruments, 

since this new 30-minute power rating 

has a 30-minute time limit associated 

with its use, the pilot must have the 

means to identify: 

• When the rated engine power level 

is achieved, 

• When the event begins, and 

• When the time interval expires. 

In addition to the requirements of 

§ 29.1521, Powerplant Limitations, a 

new 30-minute rating must be limited to 

no more than 30 minutes per use. This 

new rating will allow use of power 

above maximum continuous power 

(MCP) for 30 minutes. 

Furthermore, the Model MBB–BK117 

D–2 rotorcraft flight manual must 

include limitations on use of the 30- 

minute power rating to state that 

continuous use above MCP up to takeoff 

power is limited to 30 minutes. 

Type Certification Basis 

Under 14 CFR 21.101, Airbus 

Helicopters Deutschland GmbH must 

show that the MBB–BK117 D–2 model 

helicopter meets the applicable 

provisions of the regulations 

incorporated by reference in Type 

Certificate No. H13EU or the applicable 

regulations in effect on the date of 

application for the change to the type 

certificate. The regulations incorporated 

by reference in the type certificate are 

commonly referred to as the ‘‘original 

type certification basis.’’ The regulations 

incorporated by reference in Type 

Certificate No. H13EU are as follows: 

1. 14 CFR 21.29 and 14 CFR 29 effective 

February 1, 1965 plus Amendments 

29–1 through 29–40 for the new or 

changed parts with respect to the 

MBB–BK117 C–2 identified in the 

document ETYC 1183/09–MHa, 

supplemented with requirements 

from other amendments listed 

below. 

2. 14 CFR 29 requirements with 

amendment through 29–51 for: 

29.25, 29.59, 29.62, 29.67, 29.77, 

29.81, 29.85, 29.143, 29.173, 29.175, 

29.177, 29.351, 29.397, 29.562, 

29.602, 29.865, 29.923, 29.1317, 

29.1323, 29.1329, 29.1351, 29.1359, 

29.1457, 29.1459, 29.1521, 29.1587, 

B29.5, B29.7 

3. Equivalent Level Of Safety: 

(a) 14 CFR 29.807 (a)(4) Emergency 

exits 

(b) 14CFR 29.1305, 29.1351(b)(6), 

29.1435(a)(3) Part Time Display of 

Vehicle Parameters 

(c) 14 CFR 29.1545(b)(4), 29.1549(b) 

Airspeed & Powerplant indication 

green marking 

4. Environmental Standards: 

(a) 14 CFR 36 Appendix H at 

amendment 36–25 

5. The main differences between the 

MBB–BK117 C–2 and the MBB– 

BK117 D–2 are as follows: 

(a) Installation of Turbomeca Arriel 

2E engines with FADEC control 

(b) New tail section including 

composite structure and fanned tail 

rotor (FENESTRON) with composite 

blades 

(c) New cockpit indication system 

using integrated modular avionics. 

(d) Auto Flight System as a standard 

configuration of the MBB–BK117 

D–2 

(e) Main gearbox modifications to 

support 30 minute run-dry 

capability 

(f) Maximum take-off weight 

increased to 3650 kg 

In addition, if the regulations 

incorporated by reference do not 

provide adequate standards regarding 


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78696 Federal Register / Vol. 79, No. 250 / Wednesday, December 31, 2014 / Rules and Regulations 

the change, the applicant must comply 

with certain regulations in effect on the 

date of application for the change. The 

FAA has determined that the Model 

MBB–BK117 D–2 must also comply 

with the noise certification 

requirements of 14 CFR part 36; and the 

FAA must issue a finding of regulatory 

adequacy under § 611 of Public Law 92– 

574, the ‘‘Noise Control Act of 1972.’’ 

Regulatory Basis for Special Conditions 

The Administrator has determined 

that the applicable airworthiness 

regulations (that is, 14 CFR part 29) do 

not contain adequate or appropriate 

safety standards for the MBB–BK117 

D22 model helicopter because of a novel 

or unusual design feature. Therefore, 

special conditions are prescribed under 

the provisions of 14 CFR 21.16. 

The FAA issues special conditions, as 

defined in § 11.19, in accordance with 

§ 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 type certificate 

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 

type certificate be modified to 

incorporate the same novel or unusual 

design feature, the special conditions 

would also apply to the other model. 

Novel or Unusual Design Features 

The MBB–BK117 D–2 model 

helicopter will incorporate the 

following novel or unusual design 

feature: 

• A 30-minute power rating. 

Applicability 

These special conditions are 

applicable to the Airbus Helicopters 

Deutschland GmbH Model MBB–BK117 

D2 helicopter. Should Airbus 

Helicopters Deutschland GmbH apply at 

a later date for an amendment to the 

type certificate to include another 

model incorporating the same novel or 

unusual design feature, the special 

conditions would apply to that model as 

well. 

Conclusion 

This action affects only certain novel 

or unusual design features on the Airbus 

Helicopters Deutschland GmbH Model 

MBB–BK117 D–2 helicopter. It is not a 

rule of general applicability. 

List of Subjects in 14 CFR Part 29 

Aircraft, Aviation safety, Reporting 

and recordkeeping requirements. 

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 Airbus Helicopters 

Deutschland GmbH Model MBB–BK117 

D–2 helicopters. Unless stated 

otherwise, all requirements in 

§§ 29.1049, 29.1305 and 29.1521 remain 

unchanged. 

Section 29.1049 Hover cooling test 

procedures. In addition to the 

requirements of this section, for 

rotorcraft with a 30-minute power 

rating, the hovering cooling provisions 

at the 30-minute power rating must be 

shown— 

(a) At maximum weight or at the 

greatest weight at which the rotorcraft 

can hover (if less), at sea level, with the 

power required to hover but not more 

than the 30-minute power, in the 

ground effect in still air, until at least 5 

minutes after the occurrence of the 

highest temperature recorded, or until 

the continuous time limit of the 30- 

minute power rating if the highest 

temperature recorded is not stabilized 

before. 

(b) At maximum weight and at the 

altitude resulting in zero rate of climb 

for this configuration, until at least 5 

minutes after the occurrence of the 

highest temperature recorded, or until 

the continuous time limit of the 30- 

minute power rating if the highest 

temperature recorded is not stabilized 

before. 

Section 29.1305 Powerplant 

instruments, at Amendment 29–40. In 

addition to the requirements of this 

section, a means must be provided to 

indicate to the pilot when the engine is 

at the 30-minute power level, when the 

event begins, and when the time 

interval expires. 

Section 29.1521 Powerplant 

limitations, at Amendment 29–41. In 

addition to the requirements of this 

section, use of the 30-minute power 

must be limited to no more than 30 

minutes per use. The use of the 30- 

minute power must also be limited by: 

(1) The maximum rotational speed, 

which may not be greater than— 

(i) The maximum value determined 

by the rotor design; or 

(ii) The maximum value demonstrated 

during the type tests; 

(2) The maximum allowable turbine 

inlet or turbine outlet gas temperature 

(for turbine engines); 

(3) The maximum allowable power or 

torque for each engine, considering the 

power input limitations of the 

transmission with all engines operating; 

(4) The maximum allowable power or 

torque for each engine considering the 

power input limitations of the 

transmission with one engine 

inoperative; 

(5) The time limit for the use of the 

power corresponding to the limitations 

established in paragraphs (1) through (4) 

above; and 

(6) The maximum allowable engine 

and transmission oil temperatures, if the 

time limit established in paragraph (5) 

above exceeds 2 minutes. 

Issued in Fort Worth, Texas, on December 

19, 2014. 

Lance T. Gant 

Acting Directorate Manager, Rotorcraft 

Directorate, Aircraft Certification Service. 

[FR Doc. 2014–30562 Filed 12–30–14; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[TD 9689] 

RIN 1545–BL52 

Guidance Regarding Dispositions of 

Tangible Depreciable Property; 

Correction 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Correcting amendment. 

SUMMARY: This document contains 

corrections to final regulations (TD 

9689) that were published in the 

Federal Register on Monday, August 18, 

2014 (79 FR 48661). The final 

regulations are regarding dispositions of 

property subject to depreciation under 

section 168 of the Internal Revenue 

Code. 

DATES: This correction is effective on 

December 31, 2014 and applicable 

beginning August 18, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Kathleen Reed, at (202) 317–7005 (not a 

toll free number). 

SUPPLEMENTARY INFORMATION: 

Background 

The final regulations (TD 9689) that 

are the subject of this correction are 

under section 168 of the Internal 

Revenue Code. 

Need for Correction 

As published, the final regulations 

(TD 9689) contain errors that may prove 


tkelley on DSK3SPTVN1PROD with RULES