48058 Federal Register / Vol. 77, No. 156 / Monday, August 13, 2012 / Rules and Regulations 

eligibility at recertification of its 

currently participating caseload. In lieu 

of the 1-year match at recertification 

requirement and for the same purpose, 

State agencies may conduct a one-time 

match of their participating caseload 

against active disqualifications in the 

disqualified recipient database. State 

agencies have the option of exempting 

minors from this match. 

(ii) State agencies shall also use the 

disqualified recipient database for the 

purpose of determining the eligibility of 

newly added household members. 

(5) The disqualification of an 

individual for an intentional Program 

violation in one political jurisdiction 

shall be valid in another. However, one 

or more disqualifications for an 

intentional Program violation, which 

occurred prior to April 1, 1983, shall be 

considered as only one previous 

disqualification when determining the 

appropriate penalty to impose in a case 

under consideration, regardless of 

where the disqualification(s) took place. 

State agencies are encouraged to 

identify and report to FNS any 

individuals disqualified for an 

intentional Program violation prior to 

April 1, 1983. A State agency submitting 

such historical information should take 

steps to ensure the availability of 

appropriate documentation to support 

the disqualifications in the event it is 

contacted for independent verification. 

(6) If a State determines that 

supporting documentation for a 

disqualification record that it has 

entered is inadequate or nonexistent, 

the State agency shall act to remove the 

record from the database. 

(7) If a court of appropriate 

jurisdiction reverses a disqualification 

for an intentional Program violation, the 

State agency shall take action to delete 

the record in the database that contains 

information related to the 

disqualification that was reversed in 

accordance with instructions provided 

by FNS. 

(8) If an individual disputes the 

accuracy of the disqualification record 

pertaining to him/herself the State 

agency submitting such record(s) shall 

be responsible for providing FNS with 

prompt verification of the accuracy of 

the record. 

(i) If a State agency is unable to 

demonstrate to the satisfaction of FNS 

that the information in question is 

correct, the State agency shall 

immediately, upon direction from FNS, 

take action to delete the information 

from the disqualified recipient database. 

(ii) In those instances where the State 

agency is able to demonstrate to the 

satisfaction of FNS that the information 

in question is correct, the individual 

shall have an opportunity to submit a 

brief statement representing his or her 

position for the record. The State agency 

shall make the individual’s statement a 

permanent part of the case record 

documentation on the disqualification 

record in question, and shall make the 

statement available to each State agency 

requesting an independent verification 

of that disqualification. 

* * * * * 

Dated: July 10, 2012. 

Kevin Concannon, 

Under Secretary, Food, Nutrition, and 

Consumer Services. 

[FR Doc. 2012–19768 Filed 8–10–12; 8:45 am] 

BILLING CODE 3410–30–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 27 

[Docket No. FAA–2012–0820; Special 

Conditions No. 27–028–SC] 

Special Conditions: Eurocopter 

France, EC130T2; 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 Eurocopter France Model 

EC130T2 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: The effective date of these 

special conditions is July 30, 2012. We 

must receive your comments by 

September 27, 2012. 

ADDRESSES: Send comments identified 

by docket number FAA–2012–0820 

using any of the following methods: 

Federal eRegulations Portal: Go to 

http://www.regulations.gov and follow 

the online instructions for sending your 

comments electronically. 

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. 

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. 

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 

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: Background documents or 

comments received may be read at 

http://www.regulations.gov at any time. 

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: Eric 

Haight, Rotorcraft Standards Staff, 

ASW–111, Rotorcraft Directorate, 

Aircraft Certification Service, 2601 

Meacham Blvd., Fort Worth, Texas 

76137; telephone (817) 222–5204; 

facsimile (817) 222–5961. 

SUPPLEMENTARY INFORMATION: 

Reason for No Prior Notice and 

Comment Before Adoption 

The FAA has determined that notice 

and opportunity for public comment are 

impractical because we do not expect 

substantive comments, and because this 

special condition only affects this one 

manufacturer. We also considered that 

these procedures would significantly 

delay the issuance of the design 

approval, and thus, the delivery of the 

affected aircraft. As certification for the 

Eurocopter France model EC130T2 is 

imminent, the FAA finds 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 

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Federal Register / Vol. 77, No. 156 / Monday, August 13, 2012 / Rules and Regulations 48059 

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 October 7, 2008, Eurocopter 

France applied to amend Type 

Certificate No. H9EU to include the new 

EC130T2 model. The EC130T2 model is 

a derivative of the EC130B4, which is 

currently approved under Type 

Certificate No. H9EU. The EC130T2 is a 

14 CFR part 27 normal category, singleengine rotorcraft, which will be 

certificated for single-pilot operation 

and a maximum of seven passengers. 

This model includes increased 

performance from the Turbomeca Arriel 

2D engine, an upgraded main 

transmission, new vehicle engine 

management display (VEMD) avionics, 

and an active vibration control system. 

Eurocopter France proposes that the 

EC130T2 model use a novel and 

unusual design feature, which is a 30- 

minute power rating, identified in the 

Arriel 2D engine type certification data 

sheet (TCDS) [FAA Turbomeca TCDS 

No. E00054EN]. 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 27.923 (Rotor drive system and 

control mechanism tests), § 27.1305 

(Powerplant instruments), and § 27.1521 

(Powerplant limitations). 

For the EC130T2, the European 

Aviation Safety Agency (EASA) has 

issued CRI E–02, which documents the 

special conditions. 

The following is a summary of the 

final special conditions: 

In addition to the requirements of 

Section 27.923, Rotor Drive System and 

Control Mechanism Tests, the aircraft 

drive-system effects due to use of the 

30-minute power rating versus the 

Takeoff (5-minute) rating must be 

accounted for in the rotor drive-system 

testing. 

In addition to the requirements of 

Section 27.1305, Powerplant 

Instruments, since this new 30-minute 

power rating has a 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 

Section 27.1521, Powerplant 

Limitations, a new 30-minute rating 

must be defined for the use of takeoff 

power for greater than 5 minutes and 

must be limited to no more than 30 

minutes per use. 

Furthermore, the Model EC130T2 

rotorcraft flight manual must include 

limitations on use of the 30-minute 

power rating to state: 

• Continuous use above MCP is 

limited to 30 minutes, and 

• Cumulative use above MCP is 

limited to 1 hour per flight. 

Type Certification Basis 

Under 14 CFR 21.101, Eurocopter 

France must show that the EC130T2 

model helicopter meets the applicable 

provisions of the regulations 

incorporated by reference in Type 

Certificate No. H9EU, or the applicable 

regulations in effect on the date of 

application for the amendment 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 H9EU are as follows: 

(a) 14 CFR 21.29, and part 27 

Amendments 27–1 through 27–32, 

except 14 CFR 27.952 is not adopted. 

(b) 14 CFR Part 36 Appendix H 

through Amendment 20 

(c) Special Condition 27–009–SC for 

HIRF 

(d) Equivalent Level of Safety 

Findings issued against: 

(1) 14 CFR 27.1549(b) Powerplant 

Instrument Markings. 

(2) 14 CFR 27.1027(b)(2) Main 

Gearbox Oil Filter Bypass 

The Administrator has determined 

that the applicable airworthiness 

regulations (that is, 14 CFR part 27) do 

not contain adequate or appropriate 

safety standards for the EC130T2 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 by 14 CFR 11.19, in accordance 

with 14 CFR 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 EC130T2 model helicopter will 

incorporate a novel or unusual design 

feature, which is: 

• A 30-minute power rating. 

Applicability 

These special conditions are 

applicable to the Eurocopter France 

Model EC130T2 helicopter. These 

special conditions would apply if 

Eurocopter France seeks to amend Type 

Certificate No. H9EU to add another 

model that has the same unusual design 

feature. 

Conclusion 

This action affects only certain novel 

or unusual design features on the 

Eurocopter France Model EC130T2 

helicopter. It is not a rule of general 

applicability, and it affects only the 

applicant who applied to the FAA for 

approval of this feature. 

List of Subjects in 14 CFR Part 27 

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 Eurocopter France model 

EC130T2 helicopter. Unless stated 

otherwise, all requirements in §§ 27.923, 

27.1305 and 27.1521 remain unchanged. 

(a) Section 27.923 Rotor drive system 

and control mechanism tests, at 

Amendment 27–29. In addition to the 

requirements of this section, the test 

prescribed in § 27.923(e) must be 

conducted in intervals of not less than 

30 minutes. 

(b) Section 27.1305 Powerplant 

instruments, at Amendment 27–37. 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. 

(c) Section 27.1521 Powerplant 

limitations, at Amendment 27–29. In 

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48060 Federal Register / Vol. 77, No. 156 / Monday, August 13, 2012 / Rules and Regulations 

addition to the requirements of this 

section, use of the 30-minute power 

must be limited to no more than 30 

minutes per use, and no more than one 

hour per flight. 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 gas 

temperature; and 

(3) The maximum allowable torque. 

Kimberly K. Smith, 

Manager, Rotorcraft Directorate, Aircraft 

Certification Service. 

[FR Doc. 2012–19444 Filed 8–10–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2012–0289; Airspace 

Docket No. 12–ANM–5] 

Establishment of Class E Airspace; 

Fort Morgan, CO 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action establishes Class 

E airspace at Fort Morgan, CO, to 

accommodate aircraft using a new Area 

Navigation (RNAV) Global Positioning 

System (GPS) standard instrument 

approach procedures at Fort Morgan 

Municipal Airport. This improves the 

safety and management of Instrument 

Flight Rules (IFR) operations at the 

airport. 

DATES: Effective date, 0901 UTC, 

November 15, 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: 

Richard Roberts, Federal Aviation 

Administration, Operations Support 

Group, Western Service Center, 1601 

Lind Avenue SW., Renton, WA 98057; 

telephone (425) 203–4517. 

SUPPLEMENTARY INFORMATION: 

History 

On June 7, 2012, the FAA published 

in the Federal Register a notice of 

proposed rulemaking (NPRM) to 

establish controlled airspace at Fort 

Morgan, CO (77 FR 33687). 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 

71.1. The Class E airspace designations 

listed in this document will be 

published subsequently in that Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) Part 71 by 

establishing Class E airspace extending 

upward from 700 feet above the surface, 

at Fort Morgan Municipal Airport, to 

accommodate IFR aircraft executing 

new RNAV (GPS) standard instrument 

approach procedures at the airport. This 

action is necessary for the safety and 

management of IFR operations. 

The FAA has determined 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’’ 

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 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 

discusses 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 establishes 

controlled airspace at Fort Morgan 

Municipal Airport, Fort Morgan, CO. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1E, ‘‘Environmental 

Impacts: Policies and Procedures,’’ 

paragraph 311a. This airspace action is 

not expected to cause any potentially 

significant environmental impacts, and 

no extraordinary circumstances exist 

that warrant preparation of an 

environmental assessment. 

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 of the earth. 

* * * * * 

ANM CO E5 Fort Morgan, CO [New] 

Fort Morgan Municipal Airport, CO 

(Lat. 40°20′02′′ N., Long.103°48′15′′ W.) 

That airspace extending upward from 700 

feet above the surface within 7.5-mile radius 

of the Fort Morgan Municipal Airport. 

Issued in Seattle, Washington, on August 3, 

2012. 

Robert Henry, 

Acting Manager, Operations Support Group, 

Western Service Center. 

[FR Doc. 2012–19701 Filed 8–10–12; 8:45 am] 

BILLING CODE 4910–13–P 

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Part 43 

RIN 3038–AD08 

Real-Time Public Reporting of Swap 

Transaction Data; Correction 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Final rule; correction. 

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