Federal Register / Vol. 77, No. 58 / Monday, March 26, 2012 / Rules and Regulations 17327 

material that should be required to pass 

the heat release and smoke emissions 

requirements. We have determined that 

special conditions would be 

promulgated to apply the standards 

defined in 14 CFR 25.853(d) to seats 

with large, non-metallic panels in their 

design. 

Applicability 

As discussed above, these special 

conditions apply to Airbus A350–900 

series airplanes. Should Airbus apply 

later for a change 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 Airbus 

A350–900 series airplanes. It is not a 

rule of general applicability. 

List of Subjects in 14 CFR Part 25 

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 

So, by the authority delegated to me 

by the Administrator, the following 

special conditions are issued as part of 

the type certification basis for Airbus 

A350–900 series airplanes with 

passenger seats that have nontraditional, large, non-metallic panels. 

1. Compliance with 14 CFR part 25 

Appendix F, parts IV and V, heat release 

and smoke emission, is required for 

seats that incorporate non-traditional, 

large nonmetallic panels that may either 

be a single component or multiple 

components in a concentrated area in 

their design. 

2. The applicant may designate up to 

and including 1.5 square feet of nontraditional, nonmetallic panel material 

per seat place that does not have to 

comply with No. 1. A triple seat 

assembly may have a total of 4.5 square 

feet excluded on any portion of the 

assembly (e.g., outboard seat place 1 sq. 

ft., middle 1 sq. ft., and inboard 2.5 sq. 

ft.). 

3. Seats need not meet the test 

requirements of 14 CFR part 25 

Appendix F, parts IV and V when 

installed in compartments that are not 

otherwise required to meet these 

requirements. Examples include: 

a. Airplanes with passenger capacities 

of 19 or less, 

b. Airplanes exempted from smoke 

and heat release requirements. 

Issued in Renton, Washington, on March 

14, 2012. 

John Piccola, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2012–7235 Filed 3–23–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–1087; Directorate 

Identifier 2011–NM–032–AD; Amendment 

39–16967; AD 2012–04–11] 

RIN 2120–AA64 

Airworthiness Directives; Airbus 

Airplanes 

Correction 

In rule document 2012–5859 

appearing on pages 14679–14681 in the 

issue of March 13, 2012, make the 

following correction: 

§ 39.13 [Corrected] 

■ On page 14680, in § 39.13, in the third 

column, the table is corrected to read as 

set forth below: 

TABLE 1—LIST OF FWC PART

NUMBERS AFFECTED BY THIS AD 

FWC Part Number 

350E017238484 (H1D1) 

350E016187171 (C5) 

350E017248685 (H1D2) 

350E017251414 (H1E1) 

350E017271616 (H1E2) 

350E018291818 (H1E3CJ) 

350E018301919 (H1E3P) 

350E018312020 (H1E3Q) 

350E053020202 (H2E2) 

350E053020303 (H2E3) 

350E053020404 (H2E4) 

350E053020606 (H2F2) 

350E053020707 (H2F3) 

350E053021010 (H2F3P) 

350E053020808 (H2F4) 

[FR Doc. C1–2012–5859 Filed 3–23–12; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2011–0499; Airspace 

Docket No. 11–ACE–10] 

Amendment of Class E Airspace; 

Hastings, NE 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends Class E 

airspace at Hastings, NE. Additional 

controlled airspace is necessary to 

accommodate new Area Navigation 

(RNAV) Standard Instrument Approach 

Procedures at Hastings Municipal 

Airport. The FAA is taking this action 

to enhance the safety and management 

of Instrument Flight Rule (IFR) 

operations at the airport. 

DATES: Effective date: 0901 UTC, May 

31, 2012. The Director of the Federal 

Register approves this incorporation by 

reference action under 1 CFR part 51 

subject to the annual revision of FAA 

Order 7400.9 and publication of 

conforming amendments. 

FOR FURTHER INFORMATION CONTACT: 

Scott Enander, Central Service Center, 

Operations Support Group, Federal 

Aviation Administration, Southwest 

Region, 2601 Meacham Blvd., Fort 

Worth, TX 76137; telephone (817) 321– 

7716. 

SUPPLEMENTARY INFORMATION: 

History 

On November 28, 2011, the FAA 

published in the Federal Register a 

notice of proposed rulemaking (NPRM) 

to amend Class E airspace for the 

Hastings, NE., area, creating additional 

controlled airspace at Hastings 

Municipal Airport (76 FR 72867) Docket 

No. FAA–2011–0499. Interested parties 

were invited to participate in this 

rulemaking effort by submitting written 

comments on the proposal to the FAA. 

No comments were received. Class E 

airspace designations are published in 

paragraph 6005 of FAA Order 7400.9V 

dated August 9, 2011, and effective 

September 15, 2011, which is 

incorporated by reference in 14 CFR 

Part 71.1. The Class E airspace 

designations listed in this document 

will be published subsequently in the 

Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) Part 71 by 

amending Class E airspace extending 

upward from 700 feet above the surface 

to accommodate new RNAV standard 

instrument approach procedures at 

Hastings Municipal Airport, Hastings, 

NE. This action is necessary for the 

safety and management of IFR 

operations at the airport. 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. Therefore, this regulation: (1) Is 

not a ‘‘significant regulatory action’’ 


sroberts on DSK5SPTVN1PROD with RULES
17328 Federal Register / Vol. 77, No. 58 / Monday, March 26, 2012 / Rules and Regulations 

under Executive Order 12866; (2) is not 

a ‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that will only affect air 

traffic procedures and air navigation, it 

is certified that this rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the U.S. Code. Subtitle 1, 

Section 106, describes the authority of 

the FAA Administrator. Subtitle VII, 

Aviation Programs, describes in more 

detail the scope of the agency’s 

authority. This rulemaking is 

promulgated under the authority 

described in Subtitle VII, Part A, 

Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This regulation is within the 

scope of that authority as it amends 

controlled airspace in the Hastings, NE., 

area. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (Air) 

Adoption of the Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for 14 CFR 

part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E. O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of the Federal Aviation 

Administration Order 7400.9V, Airspace 

Designations and Reporting Points, 

dated August 9, 2011, and effective 

September 15, 2011, is amended as 

follows: 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface. 

* * * * * 

ACE NE E5 Hastings, NE [Amended] 

Hastings Municipal Airport, NE 

(Lat. 40°36′19′′ N., long. 98°25′40′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 7.2-mile 

radius of Hastings Municipal Airport, and 

within 2 miles each side of the 150° bearing 

from the airport extending from the 7.2-mile 

radius to 10.4 miles southeast of the airport. 

Issued in Fort Worth, Texas, on March 14, 

2012. 

David P. Medina, 

Manager, Operations Support Group, ATO 

Central Service Center. 

[FR Doc. 2012–7104 Filed 3–23–12; 8:45 am] 

BILLING CODE 4910–13–P 

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Parts 4, 145, and 147 

RIN 3038–AD30 

Commodity Pool Operators and 

Commodity Trading Advisors: 

Compliance Obligations 

Correction 

Editorial Note: FR DOC 2012–3390 

appearing on pages 11252–11344 in the issue 

of Friday, February 24, 2012 is being partially 

republished due to numerous errors. 

1. On page 11252, in the first column, 

the SUMMARY section is being 

republished in its entirety. 

SUMMARY: The Commodity Futures 

Trading Commission is adopting 

amendments to its existing part 4 

regulations and promulgating one new 

regulation regarding Commodity Pool 

Operators and Commodity Trading 

Advisors. The Commission is also 

adopting new data collections for CPOs 

and CTAs that are consistent with a data 

collection required under the DoddFrank Act for entities registered with 

both the Commission and the Securities 

and Exchange Commission. The 

adopted amendments rescind an 

exemption from registration as a CPO; 

rescind relief from the certification 

requirement for annual reports provided 

to operators of certain pools offered only 

to qualified eligible persons (‘‘QEPs’’); 

modify the criteria for claiming 

exclusion from the definition of CPO; 

and require the annual filing of notices 

claiming exemptive relief under several 

sections of the Commision’s regulations. 

Finally, the adopted amendments 

include new risk disclosure 

requirements for CPOs and CTAs 

regarding swap transactions. 

2. In 17 CFR Part 4, beginning on page 

11283, in the second column, in 31st 

line of text, amendatory instructions 1– 

8 and their corresponding amendments 

to the Code of Federal Regulations are 

being republished as follows: 

PART 4—COMMODITY POOL 

OPERATORS AND COMMODITY 

TRADING ADVISORS 

■ 1. The authority citation for part 4 

continues to read as follows: 

Authority: 7 U.S.C. 1a, 2, 4, 6(c), 6b, 6c, 6l, 

6m, 6n, 6o, 12a, and 23. 

■ 2. In § 4.5, add paragraphs (c)(2)(iii) 

and (c)(5) to read as follows: 

§ 4.5 Exclusion from the definition of the 

term ‘‘commodity pool operator.’’ 

* * * * * 

(c) * * * 

(2) * * * 

(iii) Furthermore, if the person 

claiming the exclusion is an investment 

company registered as such under the 

Investment Company Act of 1940, then 

the notice of eligibility must also 

contain representations that such person 

will operate the qualifying entity as 

described in Rule 4.5(b)(1) in a manner 

such that the qualifying entity: 

(A) Will use commodity futures or 

commodity options contracts, or swaps 

solely for bona fide hedging purposes 

within the meaning and intent of Rules 

1.3(z)(1) and 151.5 (17 CFR 1.3(z)(1) and 

151.5); Provided however, That in 

addition, with respect to positions in 

commodity futures or commodity 

option contracts, or swaps which do not 

come within the meaning and intent of 

Rules 1.3(z)(1) and 151.5, a qualifying 

entity may represent that the aggregate 

initial margin and premiums required to 

establish such positions will not exceed 

five percent of the liquidation value of 

the qualifying entity’s portfolio, after 

taking into account unrealized profits 

and unrealized losses on any such 

contracts it has entered into; and, 

Provided further, That in the case of an 

option that is in-the-money at the time 

of purchase, the in-the-money amount 

as defined in Rule 190.01(x) (17 CFR 

190.01(x)) may be excluded in 

computing such five percent; or 

(B) The aggregate net notional value of 

commodity futures, commodity options 

contracts, or swaps positions not used 

solely for bona fide hedging purposes 

within the meaning and intent of Rules 

1.3(z)(1) and 151.5 (17 CFR 1.3(z)(1) and 

151.5), determined at the time the most 

recent position was established, does 

not exceed 100 percent of the 

liquidation value of the pool’s portfolio, 

after taking into account unrealized 

profits and unrealized losses on any 

such positions it has entered into. For 

the purpose of this paragraph: 

(1) The term ‘‘notional value’’ shall be 

calculated for each futures position by 

multiplying the number of contracts by 

the size of the contract, in contract units 


sroberts on DSK5SPTVN1PROD with RULES