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

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 withpassenger 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 toand 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—L IST OF 

### FWC P ART 

### N UMBERS 

### A FFECTED BY 

### T HIS 

### 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’’


### 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 datacollection 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