Federal Register / Vol. 78, No. 36 / Friday, February 22, 2013 / Rules and Regulations 12231 

improvement plan (CIP) to fully meet 

the requirements of this paragraph and 

to improve direct certification for the 

following school year in accordance 

with the provisions in paragraphs (e), 

(f), and (g) of this section. 

(b) Direct certification performance 

benchmarks. State agencies must meet 

performance benchmarks for directly 

certifying for free school meals children 

who are members of households 

receiving assistance under SNAP. The 

performance benchmarks are as follows: 

(1) 80% for the school year beginning 

July 1, 2011; 

(2) 90% for the school year beginning 

July 1, 2012; and 

(3) 95% for the school year beginning 

July 1, 2013, and for each school year 

thereafter. 

(c) Data elements required for direct 

certification rate calculation. Each State 

agency must provide FNS with specific 

data elements each year, as follows: 

(1) Data Element #1—The number of 

children who are members of 

households receiving assistance under 

SNAP that are directly certified for free 

school meals as of the last operating day 

in October, collected and reported in the 

same manner and timeframes as 

specified in § 245.11(i). 

(2) Data Element #2—The 

unduplicated count of children ages 5 to 

17 years old who are members of 

households receiving assistance under 

SNAP at any time during the period July 

1 through September 30. This data 

element must be provided by the SNAP 

State agency, as required under 7 CFR 

272.8(a)(5), and reported to FNS and to 

the State agency administering the 

NSLP in the State by December 1st each 

year, in accordance with guidelines 

provided by FNS. 

(3) Data Element #3— The count of 

the number of children who are 

members of households receiving 

assistance under SNAP who attend a 

school operating under the provisions of 

7 CFR 245.9 in a year other than the 

base year or that is exercising the 

community eligibility option (CEO). The 

proxy for this data element must be 

established each school year through the 

State’s data matching efforts between 

SNAP records and student enrollment 

records for these special provision 

schools that are operating in a non-base 

year or that are exercising the CEO. 

Such matching efforts must occur in or 

close to October each year, but no later 

than the last operating day in October. 

However, States that have special 

provision schools exercising the CEO 

may alternatively choose to include, for 

these schools, the count of the number 

of identified students directly matched 

with SNAP used in determining the 

CEO claiming percentage for that school 

year, or they may choose to use the 

count from the SNAP match conducted 

by April 1 of the same calendar year, 

whether or not it was used in the CEO 

claiming percentages. State agencies 

must report this aggregated data element 

to FNS by December 1st each year, in 

accordance with guidelines provided by 

FNS. 

(d) State notification. For each school 

year, FNS will notify State agencies that 

fail to meet the direct certification 

performance benchmark. 

(e) Continuous improvement plan 

required. A State agency having a direct 

certification rate with SNAP that is less 

than the direct certification performance 

benchmarks set forth in paragraph (b) of 

this section must submit to FNS for 

approval, within 90 days of notification, 

a CIP in accordance with paragraph (f) 

of this section. 

(f) Continuous improvement plan 

required components. CIPs must 

include, at a minimum: 

(1) The specific measures that the 

State will use to identify more children 

who are eligible for direct certification, 

including improvements or 

modifications to technology, 

information systems, or databases; 

(2) A multiyear timeline for the State 

to implement these measures; 

(3) Goals for the State to improve 

direct certification results for the 

following school year; and 

(4) Information about the State’s 

progress toward implementing other 

direct certification requirements, as 

provided in FNS guidance. 

(g) Continuous improvement plan 

implementation. A State must maintain 

its CIP and implement it according to 

the timeframes in the approved plan. 

PART 272—REQUIREMENTS FOR 

PARTICIPATING STATE AGENCIES 

■ 5. The authority citation for 7 CFR 

part 272 continues to read as follows: 

Authority: 7 U.S.C. 2011–2036. 

■ 6. Section 272.8 is amended by adding 

a new paragraph (a)(5) to read as 

follows: 

§ 272.8 State income and eligibility 

verification system. 

(a) * * * 

(5) State agencies must provide 

information to FNS and to the State 

agencies administering the National 

School Lunch Program for the purpose 

of direct certification of children for 

school meals as described in 

§ 245.12(c)(2) of this chapter. In 

addition, State agencies must execute a 

data exchange and privacy agreement in 

accordance with paragraph (a)(4) of this 

section and § 272.1(c). 

* * * * * 

Dated: February 4, 2013. 

Audrey Rowe, 

Administrator, Food and Nutrition Service. 

[FR Doc. 2013–04118 Filed 2–21–13; 8:45 am] 

BILLING CODE 3410–30–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–0091; Directorate 

Identifier 2013–NM–016–AD; Amendment 

39–17366; AD 2013–02–51] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for all The 

Boeing Company Model 787–8 

airplanes. This emergency AD was sent 

previously to all known U.S. owners 

and operators of these airplanes. This 

AD requires modification of the battery 

system, or other actions. This AD was 

prompted by recent incidents involving 

lithium ion battery failures that resulted 

in release of flammable electrolytes, 

heat damage, and smoke. We are issuing 

this AD to correct damage to critical 

systems and structures, and the 

potential for fire in the electrical 

compartment. 

DATES: This AD is effective February 22, 

2013 to all persons except those persons 

to whom it was made immediately 

effective by Emergency AD 2013–02–51, 

issued on January 16, 2013, which 

contained the requirements of this 

amendment. 

We must receive comments on this 

AD by April 8, 2013. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 


pmangrum on DSK3VPTVN1PROD with RULES
12232 Federal Register / Vol. 78, No. 36 / Friday, February 22, 2013 / Rules and Regulations 

p.m., Monday through Friday, except 

Federal holidays. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Operations Office between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this AD, the regulatory 

evaluation, any comments received, and 

other information. The street address for 

the Docket Operations Office (phone: 

800–647–5527) is in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Robert Duffer, Manager, Systems and 

Equipment Branch, ANM–130S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue SW., Renton, 

Washington 98057–3356; phone: 425– 

917–6493; fax: 425–917–6590; email: 

Robert.Duffer@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

On January 16, 2013, we issued 

Emergency AD 2013–02–51, which 

requires modification of the battery 

system, or other actions. This 

emergency AD was sent previously to 

all known U.S. owners and operators of 

these airplanes. This action was 

prompted by recent incidents involving 

lithium ion battery failures that resulted 

in release of flammable electrolytes, 

heat damage, and smoke on two Model 

787–8 airplanes. The cause of these 

failures is currently under investigation. 

These conditions, if not corrected, could 

result in damage to critical systems and 

structures, and the potential for fire in 

the electrical compartment. 

FAA’s Determination 

We are issuing this AD because we 

evaluated all the relevant information 

and determined the unsafe condition 

described previously is likely to exist or 

develop in other products of the same 

type design. 

AD Requirements 

This AD requires modification of the 

battery system, or other actions, in 

accordance with a method approved by 

the Manager, Seattle Aircraft 

Certification Office (ACO), FAA. 

Interim Action 

We consider this AD interim action. 

As the investigation progresses, we 

might determine that additional action 

is necessary. 

FAA’s Determination of the Effective 

Date 

An unsafe condition exists that 

requires the immediate adoption of this 

AD. The FAA has found that the risk to 

the flying public justifies waiving notice 

and comment prior to adoption of this 

rule because of recent incidents 

involving lithium ion battery failures 

that resulted in release of flammable 

electrolytes, heat damage, and smoke on 

two Model 787–8 airplanes. These 

conditions, if not corrected, could result 

in damage to critical systems and 

structures, and the potential for fire in 

the electrical compartment. Therefore, 

we find that notice and opportunity for 

prior public comment are impracticable 

and that good cause exists for making 

this amendment effective in less than 30 

days. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety and 

was not preceded by notice and an 

opportunity for public comment. 

However, we invite you to send any 

written data, views, or arguments about 

this AD. Send your comments to an 

address listed under the ADDRESSES

section. Include the docket number 

FAA–2013–0091; and Directorate 

Identifier 2013–NM–016–AD at the 

beginning of your comments. We 

specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

this AD. We will consider all comments 

received by the closing date and may 

amend this AD because of those 

comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this AD. 

Costs of Compliance 

We estimate that this AD affects 6 

airplanes of U.S. registry. 

Currently, we have received no 

definitive data that would enable us to 

provide cost estimates for the actions 

required by this AD. As indicated earlier 

in this preamble, we specifically invite 

the submission of comments and other 

data regarding the costs of this AD. 

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. 

Regulatory Findings 

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 this AD: 

(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), 

(3) Will not affect intrastate aviation 

in Alaska, 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. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 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. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD): 

2013–02–51 The Boeing Company: 

Amendment 39–17366; Docket No. 

FAA–2013–0091; Directorate Identifier 

2013–NM–016–AD. 


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Federal Register / Vol. 78, No. 36 / Friday, February 22, 2013 / Rules and Regulations 12233 

(a) Effective Date 

This AD is effective February 22, 2013 to 

all persons except those persons to whom it 

was made immediately effective by 

Emergency AD 2013–02–51, issued on 

January 16, 2013, which contained the 

requirements of this amendment. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to all The Boeing 

Company Model 787–8 airplanes, certificated 

in any category. 

(d) Subject 

Joint Aircraft System Component (JASC)/ 

Air Transport Association (ATA) of America 

Code 24, Electrical power. 

(e) Unsafe Condition 

This AD was prompted by recent incidents 

involving lithium ion battery failures that 

resulted in release of flammable electrolytes, 

heat damage, and smoke on two Model 787– 

8 airplanes. The cause of these failures is 

currently under investigation. We are issuing 

this AD to prevent damage to critical systems 

and structures, and the potential for fire in 

the electrical compartment. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Modification or Other Action 

Before further flight, modify the battery 

system, or take other actions, in accordance 

with a method approved by the Manager, 

Seattle Aircraft Certification Office (ACO), 

FAA. 

(h) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Seattle ACO, FAA, has 

the authority to approve AMOCs for this AD, 

if requested using the procedures found in 14 

CFR 39.19. In accordance with 14 CFR 39.19, 

send your request to your principal inspector 

or local Flight Standards District Office, as 

appropriate. If sending information directly 

to the manager of the ACO, send it to the 

attention of the person identified in the 

Related Information section of this AD. 

Information may be emailed to: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. 

(i) Related Information 

For more information about this AD, 

contact: Robert Duffer, Manager, Systems and 

Equipment Branch, ANM–130S, FAA, Seattle 

Aircraft Certification Office, 1601 Lind 

Avenue SW., Renton, Washington 98057– 

3356; phone: 425–917–6493; fax: 425–917– 

6590; email: Robert.Duffer@faa.gov. 

(j) Material Incorporated by Reference 

None. 

Issued in Renton, Washington, on February 

1, 2013. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2013–04004 Filed 2–21–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 61 

Policy Clarification on Charitable 

Medical Flights 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of Policy. 

SUMMARY: The FAA is issuing this notice 

of policy to describe its policy for 

volunteer pilots operating charitable 

medical flights. Charitable medical 

flights are flights where a pilot, aircraft 

owner, and/or operator provides 

transportation for an individual or organ 

for medical purposes. This notice of 

policy is in response to Section 821 of 

Public Law 112–95, Clarification of 

Requirements for Volunteer Pilots 

Operating Charitable Medical Flights. 

DATES: This action becomes effective on 

February 22, 2013. 

FOR FURTHER INFORMATION CONTACT: John 

Linsenmeyer, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

fax (202) 385–9612; email 

john.linsenmeyer@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 61.113(a) of Title 14 Code of 

Federal Regulations (14 CFR) states that 

no person who holds a private pilot 

certificate may act as pilot in command 

of an aircraft that is carrying passengers 

or property for compensation or hire; 

nor may that person, for compensation 

or hire, act as pilot in command of an 

aircraft. 

Section 61.113(c) states that, for any 

flight carrying passengers, a private 

pilot may not pay less than the pro rata 

share of the operating expenses (fuel oil, 

airport expenditures, or rental fees). 

This prohibition means that a private 

pilot can pay more, but not less, of these 

expenses when split equally among all 

the people aboard the aircraft. Private 

pilot certificates are considered to be an 

entry-level pilot’s license, and the 

purpose of this regulation is to limit the 

operations of private pilots 

commensurate to their certification 

level. Pilots wishing to pay less than 

their pro rata share (or fly for hire) must 

obtain a commercial pilot certificate, 

which has higher certification 

requirements and may be required to 

comply with additional operating 

requirements. 

Some pilots and other individuals 

have recognized a need to provide 

transportation services for conveyance 

of people needing non-emergency 

medical treatment. Section 821 of Public 

Law 112–95, requires, with certain 

limitations, that the FAA allow an 

aircraft owner or operator to accept 

reimbursement from a volunteer pilot 

organization for the fuel costs associated 

with a flight operation to provide 

transportation for an individual or organ 

for medical purposes (and for other 

associated individuals). 

Volunteer pilot organizations have 

petitioned the FAA for exemption from 

the requirements of § 61.113(c) so that 

their pilots can be reimbursed for some 

or all of the expenses they incur while 

flying these flights. To allow 

compensation for expenses for the 

transportation of individuals, these 

private pilots are participating in an 

activity that would otherwise be 

prohibited by § 61.113(c). 

The FAA has determined this activity 

can be conducted safely with limits 

applied to the organizations, pilots, and 

aircraft. Beginning in 2010, the FAA 

issued several exemptions to charitable 

medical flight organizations granting 

relief from the requirements of 

§ 61.113(c). The exemptions contain 

conditions and limitations that are 

intended to raise the level of safety for 

these flights. These conditions and 

limitations include: 

1. Developing of a pilot qualification 

and training program; 

2. Authenticating pilots’ FAA 

certification; 

3. Requiring flight release 

documentation; 

4. Imposing minimum pilot 

qualifications (flight hours, recency of 

experience, etc.); 

5. Requiring a 2nd class FAA medical 

certificate; 

6. Requiring the filing of an 

instrument flight plan for each flight; 

7. Restricting pilots to flight and duty 

time limitations; 

8. Requiring mandatory briefings for 

passengers; 

9. Imposing higher aircraft 

airworthiness requirements; and 

10. Requiring higher instrument flight 

rules (IFR) minimums. 

The FAA recognizes the practical 

implications and benefits from this type 

of charity flying and will continue to 

issue exemptions for flights described 


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