75772 Federal Register / Vol. 76, No. 233 / Monday, December 5, 2011 / Rules and Regulations 

estimate (ETE) studies. This document 

provides guidance for addressing new 

EP requirements for nuclear power 

plants based on changes to EP 

regulations in 10 CFR 50.47 and 

Appendix E to Part 50 in the November 

23, 2011, final rule. The NRC is issuing 

guidance for the development of ETEs 

that recommends that licensees analyze 

several scenarios that consider all 

directions and distances within the 

emergency planning zone, time of day, 

day of week, adverse and normal 

weather conditions, and peak 

population special events. The ETE 

updates will support offsite protective 

action decision-making and evacuation 

planning efforts. 

The NUREG/CR–7002 presents the 

NRC staff’s first guidance addressing 

compliance with the newly-changed 

and newly-added part 50, Appendix E, 

Section IV, paragraphs 2 and 4–7. The 

first issuance of guidance on a changed 

rule provision (adopted in a rulemaking 

amending the rule provision) or newlyadded provision of an existing rule does 

not constitute backfitting or raise issue 

finality concerns, inasmuch as the 

guidance must be consistent with the 

regulatory requirements in the newlychanged or newly-added rule provisions 

and the backfitting and issue finality 

considerations applicable to the newlychanged or newly-added rule provisions 

must logically apply to this guidance 

(76 FR 72560; November 23, 2011 at 

Page 72594). Therefore, issuance of 

guidance addressing the newly-changed 

and newly-added provisions of the 

amended rule does not constitute 

issuance of ‘‘changed’’ or ‘‘new’’ 

guidance within the meaning of the 

definition of ‘‘backfitting’’ in 10 CFR 

50.109(a)(1). Similarly, the issuance of 

the guidance addressing the newlychanged and newly-added provisions of 

the amended rule, by itself, does not 

constitute an action inconsistent with 

any of the issue finality provisions in 10 

CFR part 52. Accordingly, no further 

consideration of backfitting or issue 

finality is needed as part of the issuance 

of this guidance addressing compliance 

with the newly-changed provisions of 

Part 50, Appendix E, Section IV, 

paragraphs 2 and 4–7. 

III. Supplement 3 of NUREG–0654/ 

FEMA–REP–1 

The NRC and the Federal Emergency 

Management Agency (FEMA) are 

updating protective action 

recommendation guidance by issuing 

Supplement 3 of NUREG–0654/FEMA– 

REP–1. The updated Supplement 3 

reflects insights gained through a study 

of the efficacy of the protective action 

strategy documented in NUREG/CR– 

6953, ‘‘Review of NUREG–0654, 

Supplement 3, ‘Criteria for Protective 

Action Recommendations for Severe 

Accidents’’’ (see http://www.nrc.gov/ 

reading-rm/doc-collections/nuregs/ 

contract/cr6953/). Supplement 3 of 

NUREG–0654/FEMA–REP–1 resulted 

from close coordination between FEMA 

and NRC staff as well as extensive input 

from stakeholders. The guidance 

incorporates the following elements: 

1. Increased offsite response 

organization involvement in 

development of site specific protective 

action strategies; 

2. Increased use of information from 

updated and current site specific 

evacuation time estimates; 

3. Staged evacuation as the initial 

protective action at a General 

Emergency; 

4. Increased use of shelter-in-place for 

certain scenarios; and 

5. Guidance to improve 

communications with the public before 

and during an emergency. 

Licensees should meet the 

requirements of Appendix E, Section IV, 

paragraph 3 as soon as practical 

following the 180-day period in 

Appendix E, Section IV, paragraphs 4 

and 6. 

Supplement 3 presents the NRC staff’s 

first guidance addressing compliance 

with the newly-added part 50, 

Appendix E, Section IV, paragraph 3, 

which was part of the November 23, 

2011, final rule. The first issuance of 

guidance on a newly-added provision of 

an existing rule does not constitute 

backfitting or raise issue finality 

concerns, inasmuch as the guidance 

must be consistent with the regulatory 

requirements in the newly-added rule 

provision and the backfitting and issue 

finality considerations applicable to the 

newly-added rule provision must 

logically apply to this guidance (76 FR 

72560; November 23, 2011 at page 

72594). Therefore, issuance of guidance 

addressing the newly-added provision 

of the amended rule does not constitute 

issuance of ‘‘changed’’ or ‘‘new’’ 

guidance within the meaning of the 

definition of ‘‘backfitting’’ in 10 CFR 

50.109(a)(1). Similarly, the issuance of 

the guidance addressing the newlyadded provision of the amended rule, by 

itself, does not constitute an action 

inconsistent with any of the issue 

finality provisions in 10 CFR Part 52. 

Accordingly, no further consideration of 

backfitting or issue finality is needed as 

part of the issuance of this guidance 

addressing compliance with the newlyadded provision of Part 50, Appendix E, 

Section IV, paragraph 3. 

Dated at Rockville, Maryland, this 23rd day 

of November, 2011. 

For the Nuclear Regulatory Commission. 

Mark Thaggard, 

Deputy Director for Emergency Preparedness, 

Division of Preparedness and Response, 

Office of Nuclear Security and Incident 

Response. 

[FR Doc. 2011–31012 Filed 12–2–11; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0448; Directorate 

Identifier 2007–SW–51–AD; Amendment 39– 

16841; AD 2011–21–18] 

RIN 2120–AA64 

Airworthiness Directives; Eurocopter 

France Model EC 120B Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This amendment adopts a 

new airworthiness directive (AD) for the 

Eurocopter France Model EC 120B 

helicopters. This AD requires modifying 

the pilot cyclic control friction device 

by replacing a certain thrust washer 

with two thrust washers. This AD is 

prompted by an incident in which the 

pilot encountered a sudden restriction 

of the cyclic control movement during 

flight. The actions specified by this AD 

are intended to prevent jamming of a 

pilot cyclic control stick and subsequent 

loss of control of the helicopter. 

DATES: Effective December 20, 2011. 

ADDRESSES: You may get the service 

information identified in this AD from 

American Eurocopter Corporation, 2701 

Forum Drive, Grand Prairie, Texas 

75053–4005, telephone (972) 641–3460, 

fax (972) 641–3527. 

Examining the Docket: You may 

examine the docket that contains this 

AD, any comments, and other 

information on the Internet at http:// 

www.regulations.gov or at the Docket 

Operations office, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE., Washington, 

DC. 

FOR FURTHER INFORMATION CONTACT: Gary 

Roach, Aviation Safety Engineer, 

Regulations and Policy Group, 

Rotorcraft Directorate, FAA, 2601 

Meacham Blvd., Fort Worth, Texas 

76137, telephone (817) 222–5130, fax 

(817) 222–5961. 

SUPPLEMENTARY INFORMATION: 


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Federal Register / Vol. 76, No. 233 / Monday, December 5, 2011 / Rules and Regulations 75773 

Discussion 

On April 27, 2011, we issued a Notice 

of Proposed Rulemaking (NPRM) to 

amend 14 CFR part 39 to include an AD 

that would apply to Eurocopter France 

Model EC 120B helicopters. That NPRM 

was published in the Federal Register 

on May 13, 2011 (76 FR 27952). That 

NPRM proposed to modify the pilot 

cyclic control friction device by 

replacing a certain thrust washer with 

two thrust washers. The proposed AD 

was prompted by an incident in which 

the pilot encountered a sudden 

restriction of the cyclic control 

movement during flight. 

The Direction Generale de l’Aviation 

Civile France (DGAC), which is the 

aviation authority for France, has issued 

French AD No. F–2005–175, dated 

October 26, 2005, on behalf of the 

European Aviation Safety Agency 

(EASA), the Airworthiness Authority of 

the State of Design for the affected 

helicopters, to correct an unsafe 

condition for the Eurocopter France 

Model EC 120B helicopters. 

Related Service Information 

Eurocopter has issued Alert Service 

Bulletin No. 67A011, Revision 1, dated 

October 24, 2005 (ASB), which specifies 

a modification to preclude the risk that 

the pilot cyclic control stick will jam. 

The modification consists of replacing 

the existing single-piece thrust washer, 

part number (P/N) C671A1006201, with 

two thrust washers, P/N C671A1018201 

and P/N C671A1019201. The DGAC 

classified this alert service bulletin as 

mandatory and issued AD No. F–2005– 

175, dated October 26, 2005, to ensure 

the continued airworthiness of these 

helicopters. 

FAA’s Evaluation and Unsafe Condition 

Determination 

This product has been approved by 

the aviation authority of France and is 

approved for operation in the United 

States. Pursuant to our bilateral 

agreement with France, the DGAC, on 

behalf of the EASA, their technical 

representative, has notified us of the 

unsafe condition described in the DGAC 

AD. We are issuing this AD because we 

evaluated all information provided by 

the DGAC and determined the unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. This AD requires replacing 

a single-piece thrust washer, P/N 

C671A1006201, with two thrust 

washers, P/N C671A1018201 and P/N 

C671A1019201, to prevent the jamming 

of the pilot cyclic control stick. 

Differences Between This AD and the 

DGAC AD 

The DGAC AD requires compliance 

with the ASB no later than December 

31, 2005. Our AD requires compliance 

within 30 days after the effective date of 

the AD. 

Comments 

By publishing the NPRM (76 FR 

27952, May 13, 2011), we gave the 

public an opportunity to participate in 

developing this AD. However, we 

received no comment on the NPRM or 

on our determination of the cost to the 

public. Therefore, based on our review 

and evaluation of the available data, we 

have determined that air safety and the 

public interest require adopting the AD 

as proposed. 

Costs of Compliance 

We estimate that this AD affects 114 

helicopters of U.S. registry and the 

required actions will take approximately 

3 work hours per helicopter to 

accomplish at an average labor rate of 

$85 per work hour. Required parts cost 

approximately $50 per helicopter. Based 

on these figures, we estimate the total 

cost impact of this AD on U.S. operators 

to be $34,770 for the entire fleet, or $305 

per helicopter, to replace the single 

thrust washer with two thrust washers. 

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 the regulation: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

2. Is not a ‘‘significant rule’’ under the 

DOT Regulatory Policies and Procedures 

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

3. Will not affect intrastate aviation in 

Alaska to the extent that it justifies 

making a regulatory distinction; 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. We prepared an 

economic evaluation of the estimated 

costs to comply with this AD. See the 

AD docket to examine the economic 

evaluation. 

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. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

Accordingly, pursuant to the 

authority delegated to me by the 

Administrator, the Federal Aviation 

Administration amends part 39 of the 

Federal Aviation Regulations (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. Section 39.13 is amended by adding 

a new airworthiness directive to read as 

follows: 

2011–21–18 Eurocopter France: 

Amendment 39–16841; Docket No. 

FAA–2011–0448; Directorate Identifier 

2007–SW–51–AD. 

Applicability: Model EC 120B helicopters, 

serial numbers up to and including 1385, 

with a thrust washer, part number (P/N) 

C671A1006201, installed on the pilot cyclic 

control stick friction device; and a pilot 

cyclic stick, P/N C671A1007101, P/N 

C671A1007102, or C671A1003102, installed, 

certificated in any category. 

Compliance: Required within 30 days, 

unless accomplished previously. 

To prevent jamming of a pilot cyclic 

control stick and subsequent loss of control 

of the helicopter, accomplish the following: 

(a) Remove the pilot cyclic control stick; 

replace the thrust washer, P/N 

C671A1006201, with two thrust washers, P/ 

N C671A1018201 and P/N C671A1019201; 

reinstall the pilot cyclic control stick; and 

perform a functional test of the cyclic 

control. 

(b) To request a different method of 

compliance or a different compliance time 


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75774 Federal Register / Vol. 76, No. 233 / Monday, December 5, 2011 / Rules and Regulations 

for this AD, follow the procedures in 14 CFR 

39.19. Contact the Manager, Safety 

Management Group, Rotorcraft Directorate, 

FAA, ATTN: Gary Roach, Aviation Safety 

Engineer, Regulations and Policy Group, 

ASW–111, 2601 Meacham Blvd., Fort Worth, 

Texas 76137, telephone (817) 222–5130, fax 

(817) 222–5961, for information about 

previously approved alternative methods of 

compliance. 

(c) The Joint Aircraft System/Component 

(JASC) Code is 2700: Flight Control System. 

(d) This amendment becomes effective on 

December 20, 2011. 

Note: The subject of this AD is addressed 

in Direction Generale de l’Aviation Civile 

(France) AD No. F–2005–175, dated October 

26, 2005, and Eurocopter Alert Service 

Bulletin No. 67A011, Revision 1, dated 

October 24, 2005. 

Issued in Fort Worth, Texas, on October 5, 

2011. 

Kim Smith, 

Manager, Rotorcraft Directorate, Aircraft 

Certification Service. 

[FR Doc. 2011–30939 Filed 12–2–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[TD 9560] 

RIN 1545–BE89 

Targeted Populations Under Section 

45D(e)(2) 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Final regulations. 

SUMMARY: This document contains final 

regulations relating to how an entity 

serving certain targeted populations can 

meet the requirements to be a qualified 

active low-income community business 

for the new markets tax credit. The 

regulations reflect changes to the law 

made by the American Jobs Creation Act 

of 2004. The regulations will affect 

certain taxpayers claiming the new 

markets tax credit. 

DATES: Effective Date: These regulations 

are effective on December 5, 2011. 

Applicability Dates: For dates of 

applicability, see § 1.45D–1(h)(3). 

FOR FURTHER INFORMATION CONTACT: Julie 

Hanlon Bolton, (202) 622–3040 (not a 

toll-free number). 

SUPPLEMENTARY INFORMATION: 

Background 

This document amends 26 CFR part 1 

to provide rules relating to certain 

targeted populations under section 

45D(e)(2). On May 24, 2005, the 

Community Development Financial 

Institutions Fund published an advance 

notice of proposed rulemaking 

(ANPRM) (70 FR 29658) to seek 

comments from the public with respect 

to how targeted populations may be 

treated as eligible low-income 

communities under section 45D(e)(2). In 

response to the ANPRM, the IRS 

received various suggestions relating to 

the definition of the term targeted 

populations and proposing amendments 

to the requirements to be a qualified 

active low-income community business 

under § 1.45D–1. On June 30, 2006, the 

IRS and Treasury Department released 

Notice 2006–60 (2006–2 CB 82), which 

announced that § 1.45D–1 would be 

amended to provide rules relating to 

how an entity meets the requirements to 

be a qualified active low-income 

community business when its activities 

involve certain targeted populations 

under section 45D(e)(2). On September 

24, 2008, a notice of proposed 

rulemaking (NPRM) (REG–142339–05) 

was published in the Federal Register 

(73 FR 54990). Written and electronic 

comments responding to the proposed 

regulations were received and a public 

hearing was held on January 22, 2009. 

After consideration of all the comments, 

the proposed regulations are adopted as 

amended by this Treasury decision. 

General Overview 

Section 45D(a)(1) provides a new 

markets tax credit on certain credit 

allowance dates described in section 

45D(a)(3) with respect to a qualified 

equity investment in a qualified 

community development entity (CDE) 

described in section 45D(c). 

Section 45D(b)(1) provides that an 

equity investment in a CDE is a 

qualified equity investment if, among 

other requirements: (A) The investment 

is acquired by the taxpayer at its 

original issue (directly or through an 

underwriter) solely in exchange for 

cash; (B) substantially all of the cash is 

used by the CDE to make qualified lowincome community investments; and (C) 

the investment is designated for 

purposes of section 45D by the CDE. 

Under section 45D(b)(2), the 

maximum amount of equity investments 

issued by a CDE that may be designated 

by the CDE as qualified equity 

investments shall not exceed the portion 

of the new markets tax credit limitation 

set forth in section 45D(f)(1) that is 

allocated to the CDE by the Secretary 

under section 45D(f)(2). 

Section 45D(c)(1) provides that an 

entity is a CDE if, among other 

requirements, the entity is certified by 

the Secretary as a CDE. 

Section 45D(d)(1) provides that the 

term qualified low-income community 

investment means: (A) Any capital or 

equity investment in, or loan to, any 

qualified active low-income community 

business (as defined in section 

45D(d)(2)); (B) the purchase from 

another CDE of any loan made by the 

entity that is a qualified low-income 

community investment; (C) financial 

counseling and other services specified 

in regulations prescribed by the 

Secretary to businesses located in, and 

residents of, low-income communities; 

and (D) any equity investment in, or 

loan to, any CDE. 

Under section 45D(d)(2)(A), a 

qualified active low-income community 

business is any corporation (including a 

nonprofit corporation) or partnership if 

for such year, among other 

requirements, (i) At least 50 percent of 

the total gross income of the entity is 

derived from the active conduct of a 

qualified business within any lowincome community, (ii) a substantial 

portion of the use of the tangible 

property of the entity (whether owned 

or leased) is within any low-income 

community, and (iii) a substantial 

portion of the services performed for the 

entity by its employees are performed in 

any low-income community. 

Under section 45D(d)(3), with certain 

exceptions, a qualified business is any 

trade or business. The rental to others of 

real property is a qualified business 

only if, among other requirements, the 

real property is located in a low-income 

community. 

Section 221(a) of the American Jobs 

Creation Act of 2004 (Act) (Pub. L. 108– 

357, 118 Stat. 1418) amended section 

45D(e)(2) to provide that the Secretary 

shall prescribe regulations under which 

one or more targeted populations 

(within the meaning of section 103(20) 

of the Riegle Community Development 

and Regulatory Improvement Act of 

1994 (12 U.S.C. 4702(20))) may be 

treated as low-income communities. 

The regulations shall include 

procedures for determining which 

entities are qualified active low-income 

community businesses with respect to 

those populations. Section 221(c)(1) of 

the Act provides that the amendment 

made by section 221(a) of the Act shall 

apply to designations made by the 

Secretary of the Treasury after October 

22, 2004, the date of enactment of the 

Act. 

The term targeted population, as 

defined in 12 U.S.C. 4702(20) and 12 

CFR 1805.201, means individuals, or an 

identifiable group of individuals, 

including an Indian tribe, who (A) are 

low-income persons; or (B) otherwise 

lack adequate access to loans or equity 


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