### 44120 Federal Register / Vol. 77, No. 145 / Friday, July 27, 2012 / Rules and Regulations

2012–15–04 EUROCOPTER FRANCE: Amendment 39–17133; Docket No. FAA–2012–0766; Directorate Identifier 2012–SW–056–AD.
(a) Applicability

This AD applies to Model EC155B1 helicopters with an automated flight control system part number (P/N) 416–00297–161 and software level P/N 704A47–1332–79 installed, certificated in any category.

(b) Unsafe Condition

This AD defines the unsafe condition as intermittent uncommanded roll oscillations during coupled instrument landing system and localizer approaches with the autopilot coupled, which could result in subsequent loss of control of the helicopter.

(c) Effective Date

This AD becomes effective August 13,

2012. (d) Compliance

You are responsible for performing each action required by this AD within the specified compliance time unless it has already been accomplished prior to that time.
(e) Required Actions

Before further flight, revise the Operating Limitations section of Eurocopter EC 155B1 Flight Manual Section 2.1, by inserting a copy of this AD into the Flight Manual or by making pen and ink changes as follows. Under paragraph 5, Minimum Flight Crew/ Maximum Personnel Transport Capability, beneath ‘‘Minimum flight crew,’’ remove the phrase ‘‘—one pilot in right-hand seat’’ and replace it as follows:

—VFR: One pilot in right-hand seat. —IFR: Two pilots required.
(f) Alternative Methods of Compliance (AMOCs)

(1) The Manager, Safety Management Group, FAA, may approve AMOCs for this AD. Send your proposal to: Clark Davenport, Aviation Safety Engineer, Safety Management Group, Rotorcraft Directorate, FAA, 2601 Meacham Blvd., Fort Worth, Texas 76137; telephone (817) 222–5110; email clark.davenport@faa.gov.

(2) For operations conducted under a 14 CFR part 119 operating certificate or under 14 CFR part 91, subpart K, we suggest that you notify your principal inspector, or lacking a principal inspector, the manager of the local flight standards district office or certificate holding district office, before operating any aircraft complying with this AD through an AMOC.
(g) Subject

Joint Aircraft Service Component (JASC) Code: 2210: Autopilot System.

Issued in Fort Worth, Texas, on July 16,
2012. Kim Smith, Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2012–17960 Filed 7–26–12; 8:45 am]

**BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION** 

**Federal Aviation Administration**

**14 CFR Part 71**

**[Docket No. FAA–2012–0274; Airspace Docket No. 12–ANM–4]** 

**Establishment of Class E Airspace; Roundup, MT** 

**AGENCY :**  Federal Aviation Administration (FAA), DOT.

**ACTION :**  Final rule.

**SUMMARY :**  This action establishes Class E airspace at Roundup Airport, Roundup, MT, to accommodate aircraft using new Area Navigation (RNAV) Global Positioning System (GPS) standard instrument approach procedures at Roundup Airport. This improves the safety and management of Instrument Flight Rules (IFR) operations at the airport.

**DATES :**  Effective date, 0901 UTC, September 20, 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 :**  Eldon Taylor, Federal Aviation Administration, Operations Support Group, Western Service Center, 1601 Lind Avenue SW., Renton, WA 98057; telephone (425) 203–4537.

**SUPPLEMENTARY INFORMATION :**  History

On May 9, 2012, the FAA published in the Federal Register a notice of proposed rulemaking (NPRM) to establish controlled airspace at Roundup, MT (77 FR 27148). Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. The FAA received three comments, all from the National Business Aviation Association (NBAA).

The NBAA comments recommended that the FAA lower some of the adjacent Class E airspace, which is beyond the TAAs, down to 1,200 feet above the surface to accommodate orderly en route descent into the respective TAA because the NBAA feels that aircraft will not have enough airspace to access the TAAs. The airspace in question includes the following areas where Class E begins at 14,500 feet MSL: The large area to the north, the two smaller areas to the west, and the small area to the east. The NBAA is also concerned that the Minimum Instrument Flight Rules Altitude (MIA) outside the 1,200 feet above the surface would affect air traffic services into the TAAs from the north, west and east. Finally, the commenter points out that extending the Class E 1,200-foot area would provide relief to Salt Lake City Air Route Traffic Control Center (ARTCC).

The FAA believes that lowering this airspace is outside the scope of this rulemaking at this time, and would not serve the immediate purpose of establishing the airspace necessary for the safety of aircraft within the Roundup, MT, airport area.

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 Roundup 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 because the anticipated impact is minimal. This rule will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act because this is a routine matter that will only affect air traffic procedures and air navigation. 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


### 44121 Federal Register / Vol. 77, No. 145 / Friday, July 27, 2012 / Rules and Regulations

airspace. This regulation is within the scope of that authority because it establishes additional controlled airspace at Roundup Airport, Roundup, MT.

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 MT E5 Roundup, MT [New] Roundup Airport, MT

(Lat. 46 ° 28 ′ 30 ′′ N., long. 108 ° 32 ′ 36 ′′ W.) That airspace extending from 700 feet above the surface within a 7.6-mile radius of the Roundup Airport; that airspace extending upward from 1,200 feet above the surface within an area bounded by a line beginning at lat. 46 ° 53 ′00 ′′ N., long. 109 ° 17 ′00 ′′ W.; lat.

47 ° 04 ′00 ′′ N., long. 108 ° 04 ′00 ′′ W.; lat.
46 ° 51 ′00 ′′ N., long. 107 ° 39 ′00 ′′ W.; lat.
46 ° 32 ′00 ′′ N., long. 107 ° 27 ′00 ′′ W.; lat.
46 ° 06 ′00 ′′ N., long. 107 ° 42 ′00 ′′ W.; lat.

45 ° 54 ′00 ′′ N., long. 109 ° 01 ′00 ′′ W.; lat.
46 ° 10 ′00 ′′ N., long. 109 ° 33 ′00 ′′ W.; lat.
46 ° 32 ′00 ′′ N., long. 109 ° 37 ′00 ′′ W.; thence to the point of beginning. Issued in Seattle, Washington, on July 19,
2012. Robert Henry, Acting Manager, Operations Support Group, Western Service Center.
[FR Doc. 2012–18146 Filed 7–26–12; 8:45 am]

**BILLING CODE 4910–13–P**

**DEPARTMENT OF LABOR**

**Occupational Safety and Health Administration** 

**29 CFR Part 1978**

**[Docket Number: OSHA–2008–0026]**

**RIN 1218–AC36**

**Procedures for the Handling of Retaliation Complaints Under the**  **Employee Protection Provision of the Surface Transportation Assistance Act**  **of 1982 (STAA), as Amended**

**AGENCY :**  Occupational Safety and Health Administration, Labor.

**ACTION :**  Final rule.

**SUMMARY :**  This document provides the final text of regulations governing employee protection (or ‘‘whistleblower’’) claims under the Surface Transportation Assistance Act of 1982 (STAA), as amended, implementing statutory changes to STAA enacted into law on August 3, 2007, as part of the Implementing Recommendations of the 9/11 Commission Act of 2007. On August 31, 2010, the Occupational Safety and Health Administration (OSHA) published an interim final rule (IFR) for STAA whistleblower complaints in the Federal Register and requested public comment on the IFR. This final rule implements changes to the IFR in response to comments received, where appropriate. This final rule also finalizes changes to the procedures for handling whistleblower complaints under STAA that were designed to make them more consistent with OSHA’s procedures for handling retaliation complaints under Section 211 of the Energy Reorganization Act of 1974, and other whistleblower provisions. It also sets forth interpretations of STAA.

**DATES :**  This final rule is effective on July 27, 2012.

**FOR FURTHER INFORMATION CONTACT :**  Sandra Dillon, Director, Office of the Whistleblower Protection Program, Occupational Safety and Health Administration, U.S. Department of Labor, Room N–3112, 200 Constitution Avenue NW., Washington, DC 20210; telephone (202) 693–2199. This is not a toll-free number. This Federal Register publication is available in alternative formats: large print, electronic file on computer disk (Word Perfect, ASCII, Mates with Duxbury Braille System), and audiotape.

**SUPPLEMENTARY INFORMATION :**  I. Background

Among other provisions of the Implementing Recommendations of the 9/11 Commission Act of 2007 (9/11 Commission Act), Public Law 110–53, 121 Stat. 266, section 1536 re-enacted the whistleblower provision in STAA, 49 U.S.C. 31105 (previously referred to as ‘‘Section 405’’), with certain amendments. The regulatory revisions described herein reflect these statutory changes and also seek to clarify and improve OSHA’s procedures for handling STAA whistleblower claims, as well as to set forth interpretations of STAA. To the extent possible within the bounds of applicable statutory language, these revised regulations are designed to be consistent with the procedures applied to claims under other whistleblower statutes administered by OSHA, including Section 211 of the Energy Reorganization Act of 1974 (ERA), 42 U.S.C. 5851, the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR21), 49 U.S.C. 42121, and Title VIII of the Sarbanes-Oxley Act of 2002 (SOX), 18 U.S.C. 1514A. Responsibility for receiving and investigating complaints under 49 U.S.C. 31105 has been delegated by the Secretary of Labor (Secretary) to the Assistant Secretary of Labor for Occupational Safety and Health (Assistant Secretary). Secretary’s Order 1–2012 (Jan. 18, 2012), 77 FR 3912 (Jan. 25, 2012). Hearings on determinations by the Assistant Secretary are conducted by the Office of Administrative Law Judges, and appeals from decisions by administrative law judges (ALJs) are decided by the Department of Labor’s Administrative Review Board (ARB) (Secretary’s Order 1–2010), 75 FR 3924–01 (Jan. 25, 2010). II. Summary of Statutory Changes to STAA Whistleblower Provisions

The 9/11 Commission Act amended 49 U.S.C. 31105, and the related definitions provision at 49 U.S.C. 31101, by making the changes described below. Expansion of Protected Activity

Before passage of the 9/11 Commission Act, STAA protected certain activities related to commercial motor vehicle safety. The 9/11 Commission Act expanded STAA’s coverage to commercial motor vehicle security. In particular, 49 U.S.C. 31105(a)(1)(A) previously made it