Unknown. Amended final special conditions

6,501 words·~30 min read·/register/2012/10/05/2012-24676·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2012-10-05.xml --- 77 194 Friday, October 5, 2012 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 60997-61000 2012-24454 Meetings: National Advisory Council for Healthcare Research and Quality, 61000 2012-24455 Agriculture Agriculture Department See Animal and Plant Health Inspection Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 60965 2012-24589 Animal Animal and Plant Health Inspection Service RULES Agricultural Bioterrorism Protection Act of 2002: Biennial Review and Republication of Select Agent and Toxin List; Amendments to Select Agent and Toxin Regulations, 61056-61081 2012-24434 Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Disease Centers for Disease Control and Prevention NOTICES Meetings:

Health Disparities Subcommittee, 61000-61001 2012-24590 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 61001-61002 2012-24647 Children Children and Families Administration NOTICES Award of Single-Source Program Expansion Supplement Grants to Seven Assets: Independence Demonstration Program Grantees, 61002 2012-24588 Statement of Organization, Functions, and Delegations of Authority, 61002-61003 2012-24587 Coast Guard Coast Guard RULES Drawbridge Operations:

Delaware River, between Burlington, NJ, and Bristol, PA, 60896 2012-24598 Safety Zones: America's Cup World Series Finish-line, San Francisco, CA, 60897-60899 2012-24611 Battle of Queenston Heights Bicentennial, Niagara River, Lewiston, NY, 60901-60903 2012-24582 Rio Vista Bass Derby Fireworks, Sacramento River, Rio Vista, CA, 60904 2012-24617 Sea World San Diego Fireworks, Mission Bay, San Diego, CA, 60899-60901 2012-24614 PROPOSED RULES Safety Zones: Coast Guard Exercise Area, Hood Canal, WA, 60960-60962 2012-24607 Commerce Commerce Department See Economics and Statistics Administration See International Trade Administration See National Oceanic and Atmospheric Administration Commission Fine Commission of Fine Arts NOTICES Meetings:

Commission of Fine Arts, 60969 2012-24460 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List; Additions and Deletions, 2012-24609 60969-60970 2012-24610 Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Leasing, 61050-61051 2012-24593 Consumer Product Consumer Product Safety Commission NOTICES Meetings; Sunshine Act, 2012-24745 60970 2012-24746 Corporation Corporation for National and Community Service RULES Criminal History Check Requirements for AmeriCorps:

Senior Companions, Foster Grandparents, the Retired and Senior Volunteer Program, and Other National Service Programs, 60922-60934 2012-24467 Department of Transportation See Pipeline and Hazardous Materials Safety Administration Economics Statistics Economics and Statistics Administration NOTICES Meetings: Advisory Committee, 60965-60966 2012-24561 Employment and Training Employment and Training Administration NOTICES Amended Certification Regarding Eligibility To Apply For Worker Adjustment Assistance:

CINRAM MANUFACTURING, LLC, 61028-61029 2012-24559 Hasbro, Inc. Hasbro Managerial Services, Inc. Including On-Site Leased Workers Of Entegee East Longmeadow, Massachusetts, 61028 2012-24558 Determination Regarding Eligibility To Apply For Worker Adjustment Assistance, 61029-61031 2012-24557 Investigations Regarding Eligibility To Apply For Worker Adjustment Assistance, 61031-61032 2012-24556 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Air Quality Implementation Plans:

Alabama; Attainment Plan for the Alabama Portion of the Chattanooga 1997 Annual PM2.5 Nonattainment Area, 60904-60907 2012-24525 Approval and Promulgation of Implementation Plans: Vermont; Prevention of Significant Deterioration; Greenhouse Gas Permitting Authority and Tailoring Rule, 60907-60910 2012-24341 Approvals and Promulgations of Air Quality Implementation Plans: Delaware; Attainment Demonstration for the 1997 8-Hour Ozone National Ambient Air Quality Standard for the Philadelphia-Wilmington-Atlantic City Moderate Nonattainment Area, 60914-60915 2012-24526 Pennsylvania;

Streamlining Amendments to the Plan Approval Regulations, 60910-60913 2012-24524 Final Authorization of State Hazardous Waste Management Program Revisions: Tennessee, 60919-60921 2012-24098 Pesticide Tolerances: Trinexapac-ethyl, 60917-60919 2012-24646 Revisions to State Implementation Plans: Nevada; Washoe County Air Quality District, 60915-60917 2012-24527 Significant New Use Rules on Certain Chemical Substances, 61118-61155 2012-23993 PROPOSED RULES Clean Water Act: Contractor Access to Confidential Business Information, 60962-60963 2012-23519 Final Authorization of State Hazardous Waste Management Program Revisions:

Tennessee, 60963-60964 2012-24097 NOTICES Ambient Air Monitoring Reference and Equivalent Methods: Designation of Three New Equivalent Methods, 60985-60986 2012-24638 Environmental Impact Statements; Availability, etc., 60986 2012-24630 Executive Office of the President See Trade Representative, Office of United States Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Alpha Aviation Concept Limited Airplanes, 60887-60888 2012-24278 The Boeing Company Airplanes, 60889-60896 2012-24280 2012-24412 Special Conditions:

Eurocopter France Model EC225LP Helicopter, Installation of a Search and Rescue Automatic Flight Control System, 60883-60887 2012-24676 NOTICES Waiver of Aeronautical Land-Use Assurance: Bolton Field Airport, Columbus, Ohio, 61047-61048 2012-24657 Federal Communications Federal Communications Commission RULES Termination of Certain Proceedings as Dormant, 60934-60935 2012-24643 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 60986-60987 2012-24551 Meetings; Sunshine Act, 60987-60988 2012-24683 Updated Listing of Financial Institutions in Liquidation, 60988 2012-24548 Federal Emergency Federal Emergency Management Agency NOTICES Adjustment of Countywide Per Capita Impact Indicator, 61011-61012 2012-24672 Major Disaster and Related Determinations: Alabama, 61012 2012-24677 Federal Energy Federal Energy Regulatory Commission NOTICES Amendment To Complaint: New York Association of Public Power v.

Niagara Mohawk Power Corporation New York Independent System Operator, Inc., 60970-60971 2012-24570 Applications: Lock+ Hydro Friends Fund XLII, LLC, 60971-60972 2012-24565 National Fuel Gas Supply Corporation, 60972 2012-24569 The Gas Co., LLC, 60972-60973 2012-24568 Combined Filings, 60973-60980 2012-24599 2012-24601 2012-24602 2012-24603 2012-24604 2012-24605 Commission Staff Attendance, 2012-24566 60980-60981 2012-24571 Deadlines for Comments: TGP Granada, LLC and Roosevelt Wind Ranch, LLC v.

Public Service Company of New Mexico Tortoise Capital Resources Corp., 60981 2012-24600 Environmental Assessments; Availability, etc.: Kinder Morgan Interstate Gas Transmission LLC, Proposed Pony Exress Pipeline Conversion Project, 60981-60984 2012-24567 Initial Market-Based Rate Filing: World Digital Innovations, 60984-60985 2012-24606 Federal Housing Finance Agency Federal Housing Finance Agency PROPOSED RULES Stress Testing of Regulated Entities, 60948-60952 2012-24637 NOTICES Advisory Bulletin:

Collateralization of Advances and Other Credit Products Provided by Federal Home Loan Banks to Insurance Company Members, 60988-60996 2012-24639 Federal Reserve Federal Reserve System NOTICES Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding Company, 60996 2012-24619 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 60996 2012-24620 Proposals to Engage in or to Acquire Companies Engaged in Permissible Nonbanking Activities, 60996 2012-24621 Federal Transit Federal Transit Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 61048 2012-24681 Fine Arts Commission See Commission of Fine Arts Fish Fish and Wildlife Service NOTICES Draft Habitat Conservation Plan and Application for an Incidental Take Permit: Yamhill County, Oregon, 61017-61019 2012-24594 Meetings: Aquatic Nuisance Species Task Force, 61019 2012-24644 Food and Drug Food and Drug Administration NOTICES Debarment Orders: Stephen C. Delaney, Jr., 61003-61004 2012-24528 Nominations: Voting Members on Public Advisory Committees, 61004-61006 2012-24554 Request for Notification from Industry Organizations Interested in Participating in the Selection Process:

Nonvoting Industry Representatives and Request for Nominations for Nonvoting Industry Representatives on the Tobacco Products Scientific Advisory Committee, 61006-61007 2012-24560 Requests for Nominations: Voting Members, Tobacco Products Scientific Advisory Committee, 61007 2012-24476 Foreign Assets Foreign Assets Control Office NOTICES Additional Designations, Foreign Narcotics Kingpin Designation Act, 61051-61052 2012-24624 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health RULES Possession, Use, and Transfer of Select Agents and Toxins;

Biennial Review, 61084-61115 2012-24389 NOTICES Office of the Assistant Secretary for Health, Statement of Organization, Functions, and Delegations of Authority, 60996-60997 2012-24564 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 61007-61008 2012-24626 Healthcare Research and Quality Agency See Agency for Healthcare Research and Quality Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S.

Customs and Border Protection Housing Housing and Urban Development Department NOTICES Federal Property Suitable as Facilities to Assist the Homeless, 61014-61017 2012-24268 Final Fair Market Rents: Housing Choice Voucher Program and Moderate Rehabilitation Single Room Occupancy Program Fiscal Year 2013, 61158-61227 2012-24618 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service Internal Revenue Internal Revenue Service PROPOSED RULES Basis of Indebtedness of S Corporations to Their Shareholders;

Hearing Cancellation, 60959 2012-24670 Portability of a Deceased Spousal Unused Exclusion Amount; Hearing Cancellation, 60960 2012-24667 NOTICES Meetings: Taxpayer Advocacy Panel Bankruptcy Compliance Project Committee, 61054 2012-24655 Taxpayer Advocacy Panel Face-to-Face Service Methods Project Committee, 61053-61054 2012-24656 Taxpayer Advocacy Panel Joint Committee, 61054 2012-24660 Taxpayer Advocacy Panel Refund Processing Communications Project Committee, 61053 2012-24661 Taxpayer Advocacy Panel Return Processing Delays Project Committee, 61053 2012-24665 Taxpayer Advocacy Panel Small Business - Self-Employed Decreasing Non-Filers Project Committee, 61052 2012-24666 Taxpayer Advocacy Panel Tax Forms and Publications Project Committee, 61053 2012-24654 Taxpayer Advocacy Panel Taxpayer Burden Reduction Project Committee, 61054 2012-24659 Taxpayer Advocacy Panel Toll-Free Project Committee, 61052 2012-24664 International Trade Adm International Trade Administration NOTICES Executive-Led Trade Mission to South Africa and Zambia, 60966 2012-24555 International Trade Com International Trade Commission PROPOSED RULES Rules of General Application, Adjudication, and Enforcement, 60952-60956 2012-24633 NOTICES Institution of Formal Enforcement Proceedings:

Certain Prepregs, Laminates, and Finished Circuit Boards, 61025 2012-24642 Investigations: Olive Oil, Conditions of Competition between U.S. and Major Foreign Supplier Industries, 61026-61027 2012-24529 Justice Department Justice Department See Justice Programs Office NOTICES Lodging of Proposed Consent Decrees under the Clean Air Act, 61027 2012-24562 Lodgings of Proposed Consent Decrees under the Clean Water and Safe Drinking Water Acts, 61027 2012-24537 Justice Programs Justice Programs Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: OJP Standard Assurances Form, 61027-61028 2012-24612 Labor Department Labor Department See Employment and Training Administration Land Land Management Bureau NOTICES Call for Nominations: Wyoming Resource Advisory Council, 61019-61020 2012-24625 Environmental Impact Statements; Availability, etc.: Sigurd to Red Butte No. 2 - 345-Kilovolt Transmission Line Project; Utah, 61020-61021 2012-24521 Intent to Prepare a Resource Management Plan Amendment and Associated Environmental Assessment to Address Use of Permanent Fixed Anchors:

Bureau of Land Management Wilderness in Red Rock Canyon National Conservation Area, Clark County, NV, 61021-61022 2012-24622 National Petroleum Reserve—Alaska Oil and Gas Lease Sale 2012: Detailed Statement of Sale for Oil and Gas Lease Sale 2012 in National Petroleum Reserve—Alaska, 61022 2012-24520 Realty Action: Direct Sale of Public Land in Shasta County, California, 61023-61024 2012-24632 Receipt of Conveyance of Mineral Interest Application, Santa Clara County, CA, 61022-61023 2012-24627 National Council National Council on Disability NOTICES Meetings;

Sunshine Act, 61032 2012-24795 National Highway National Highway Traffic Safety Administration PROPOSED RULES State Graduated Driver Licensing Incentive Grant, 60956-60959 2012-24640 NOTICES Distracted Driving Grant Program, 61048 2012-24629 National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 61008-61009 2012-24623 Meetings: Arthritis and Musculoskeletal and Skin Diseases, 61011 2012-24581 Center for Scientific Review, 61009-61011 2012-24552 2012-24580 National Institute of Allergy and Infectious Diseases, 61009 2012-24579 National Institute of Mental Health, 61011 2012-24553 National Oceanic National Oceanic and Atmospheric Administration RULES 2012-2013 Accountability Measure and Closure for Commercial Black Sea Bass in the South Atlantic, 60945-60946 2012-24651 2012-2013 Accountability Measure and Closure for Gulf King Mackerel in Northern Florida West Coast Subzone:

Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic, 60946-60947 2012-24653 NOTICES Applications: Marine Mammals; File No. 16239, 60966-60967 2012-24690 Fisheries of the South Atlantic and Gulf of Mexico: South Atlantic Fishery Management Council Scientific and Statistical Committee; South Atlantic Fishery Management Council Socio-Economic Sub-panel, 60967 2012-24535 Meetings: Fisheries of the Gulf of Mexico; Southeast Data, Assessment and Review, 60967-60968 2012-24616 Pacific Fishery Management Council, 60967 2012-24615 Permits:

Marine Mammals; File No. 17403, 60968 2012-24697 National Park National Park Service NOTICES Meeting and Request for Comments, 61024 2012-24591 Meetings: Denali National Park and Preserve Aircraft Overflights Advisory Council within the Alaska Region, 61024-61025 2012-24584 National Science National Science Foundation NOTICES Meetings: Advisory Committee for Education and Human Resources, 61033 2012-24648 Proposal Review Panel for Computing Communication Foundations, 2012-24649 61032-61033 2012-24650 Permit Issued Under the Antarctic Conservation Act of 1978, 61033 2012-24596 Office of United States Trade Representative See Trade Representative, Office of United States Pipeline Pipeline and Hazardous Materials Safety Administration RULES Hazardous Materials:

Minor Editorial Corrections and Clarifications, 60935-60945 2012-24263 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Chicago Mercantile Exchange Inc., 61044-61045 2012-24574 ICE Clear Credit LLC, 61042-61044 2012-24575 International Securities Exchange, LLC, 61035-61039 2012-24576 2012-24577 2012-24578 NASDAQ OMX BX, Inc., 61041-61042 2012-24573 NASDAQ OMX PHLX LLC, 61039-61041 2012-24572 National Securities Clearing Corp., 61033-61035 2012-24540 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition:

China's Terracotta Warriors: The First Emperors Legacy, 61045-61046 2012-24708 Designations as Foreign Terrorist Organizations Al-Qaida in the Arabian Peninsula, aka Al-Qaida of Jihad Organization in the Arabian Peninsula, etc., 61046 2012-24710 Designations as Global Terrorists: Al-Qaida in the Arabian Peninsula, aka Al-Qaida of Jihad Organization in the Arabian Peninsula, etc., 61046 2012-24702 Presidential Determination No. 2012-16; correction, 61046 2012-24704 Surface Transportation Surface Transportation Board NOTICES Acquisition and Operation Exemptions:

North Louisiana & Arkansas Railroad, Inc., from Line of Lake Providence Port Commission, 61049 2012-24636 Changes in Operators Exemptions: Iowa Traction Railway Co. to Rail Line of Backtrack, Inc., 61049-61050 2012-24634 Trade Representative Trade Representative, Office of United States NOTICES Meetings: Industry Trade Advisory Committee on Small and Minority Business, 61046-61047 2012-24680 Transportation Department Transportation Department See Federal Aviation Administration See Federal Transit Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board Treasury Treasury Department See Comptroller of the Currency See Foreign Assets Control Office See Internal Revenue Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 61050 2012-24534 Customs U.S. Customs and Border Protection NOTICES Expansion of Importer Self-Assessment Program to Include Qualified Importers of Focused Assessment Audits, 61012-61014 2012-24592 Separate Parts In This Issue Part II Agriculture Department, Animal and Plant Health Inspection Service, 61056-61081 2012-24434 Part III Health and Human Services Department, 61084-61115 2012-24389 Part IV Environmental Protection Agency, 61118-61155 2012-23993 Part V Housing and Urban Development Department, 61158-61227 2012-24618 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 77 194 Friday, October 5, 2012 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 29 [Docket No. SW022; Special Conditions No. 29-022A-SC] Special Conditions: Eurocopter France

(ECF)Model EC225LP Helicopter, Installation of a Search and Rescue

(SAR)Automatic Flight Control System

(AFCS)AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Amended final special conditions. SUMMARY: These special conditions amend and supersede those final special conditions No. 29-022-SC, for the ECF model EC225LP helicopter, which were published in the **Federal Register** on November 6, 2008 (73 FR 65968). A notice proposing this amendment was published December 20, 2010 (75 FR 79312). This amendment modifies the original final special conditions to address comments received and to clarify the intent of some of the requirements. This helicopter, as modified by ECF, will have novel or unusual design features associated with installing an optional SAR AFCS. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for these design features. 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: *Effective Date:* The effective date of these special conditions is November 5, 2012. FOR FURTHER INFORMATION CONTACT: FAA, Aircraft Certification Service, Rotorcraft Directorate, Regulations and Policy Group (ASW-111), Attn: Stephen Barbini, 2601 Meacham Blvd., Fort Worth, Texas 76137; telephone

(817)222-5196; facsimile

(817)222-5961. SUPPLEMENTARY INFORMATION: Background and Discussion On March 27, 2006, ECF applied for a change to Type Certificate

(TC)No. H4EU to install an optional SAR AFCS in the model EC225LP helicopter. The model EC225LP is a transport category helicopter certificated to Category A requirements when configured for more than nine passengers and Category A or B requirements when configured for nine or less passengers. This helicopter is also certificated for instrument flight under the requirements of Appendix B to 14 CFR part 29, Amendment 29-47. The use of dedicated AFCS upper modes, in which a fully coupled autopilot provides operational SAR profiles, is needed for SAR operations conducted over water in offshore areas clear of obstructions. The SAR modes enable the helicopter pilot to fly fully coupled maneuvers, to include predefined search patterns during cruise flight, and to transition from cruise flight to a stabilized hover and departure (transition from hover to cruise flight). The SAR AFCS also includes an auxiliary crew control that allows another crewmember (such as a hoist operator) to have limited authority to control the helicopter's longitudinal and lateral position during hover operations. Flight operations conducted over water at night may have an extremely limited visual horizon with little visual reference to the surface even when conducted under Visual Meteorological Conditions (VMC). Consequently, the certification requirements for SAR modes must meet Appendix B to 14 CFR part 29. While Appendix B to 14 CFR part 29 prescribes airworthiness criteria for instrument flight, it does not consider operations below instrument flight minimum speed (V MINI ), whereas the SAR modes allow for coupled operations at low speed, all-azimuth flight to zero airspeed (hover). Since SAR operations have traditionally been a public use mission, the use of SAR modes in civil operations requires special airworthiness standards (special conditions) to ensure that a level of safety consistent with Category A and Instrument Flight Rule

(IFR)certification is maintained. In this regard, 14 CFR part 29 lacks adequate airworthiness standards for AFCS SAR mode certification to include flight characteristics, performance, and installed equipment and systems. Type Certification Basis Under 14 CFR 21.101, ECF must show the EC225LP, as changed, continues to meet the applicable provisions of the rules incorporated by reference in TC No. H4EU or the applicable regulations in effect on the date of application for the change. The regulations incorporated by reference in the TC are commonly referred to as the “original type certification basis.” The regulations incorporated by reference in H4EU are as follows: a. 14 CFR 21.29. b. 14 CFR part 29 Amendments 29-1 to 29-25; plus § 29.785 through Amendment 29-28; plus §§ 29.963, 29.967, 29.973, 29.975 through Amendment 29-34; plus §§ 29.25, 29.865 through Amendment 29-42; plus §§ 29.1, 29.2, 29.49, 29.51, 29.53, 29.55, 29.59, 29.60, 29.61, 29.62, 29.64, 29.65, 29.67, 29.73, 29.75, 29.77, 29.79, 29.81, 29.83, 29.85, 29.87, 29.307, 29.337, 29.351, 29.361, 29.391, 29.395, 29.397, 29.401, 29.403, 29.413, 29.427, 29.501, 29.519, 29.547, 29.549, 29.561(c), 29.561(d), 29.563, 29.602, 29.610, 29.613, 29.621, 29.625, 29.629, 29.631, 29.663, 29.674, 29.727, 29.755, 29.775, 29.783, 29.787, 29.803, 29.805, 29.807, 29.809, 29.811, 29.855, 29.861, 29.901, 29.903, 29.908, 29.917, 29.923, 29.927, 29.954, 29.961, 29.965, 29.969, 29.971, 29.991, 29.997, 29.999, 29.1001, 29.1011, 29.1019, 29.1027, 29.1041, 29.1043, 29.1045, 29.1047, 29.1093, 29.1125, 29.1141, 29.1143, 29.1163, 29.1181, 29.1189, 29.1193, 29.1305, 29.1309, 29.1323, 29.1329, 29.1337, 29.1351, 29.1359, 29.1415, 29.1521, 29.1549, 29.1557, 29.1587, A29, B29, C29, D29 through Amendment 29-47; plus 29.1317 through Amendment 29-49. c. 14 CFR part 36 Amendment 21 (ICAO Annex 16, Volume 1, Chapter 8). d. Equivalent Safety Findings:

(1)TC2899RD-R-F-01; § 29.1303(j), V ne aural warning.

(2)TC2899RD-R-F-02; § 29.1545(b)(4), Airspeed indicators markings.

(3)TC2899RD-R-F-03; § 29.1549(b), Powerplant instruments markings.

(4)TC2899RD-R-F-05; §§ 29.173, 29.175, Static Longitudinal Stability.

(5)TC2899RD-R-F-06; 14 CFR part 29, Appendix B, paragraph IV; IFR Static Longitudinal Stability—Airspeed stability.

(6)TC2899RD-R-A-01; § 29.807(d)(2), Ditching emergency exits for passengers.

(7)TC2899RD-R-P-01; § 29.923(a)(2), Rotor drive system and control mechanism tests. In addition to the applicable airworthiness standards and special conditions, the ECF model EC225LP must comply with the noise certification requirements of 14 CFR part 36. Regulatory Basis for Special Conditions If the Administrator finds the applicable airworthiness standards (that is, 14 CFR part 29) do not contain adequate or appropriate safety standards for the ECF model EC225LP helicopter because of a novel or unusual design feature, special conditions are prescribed under § 21.16. The FAA issues special conditions, as defined in § 11.19, under § 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 TC 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 TC be modified to incorporate the same novel or unusual design feature, these special conditions would also apply to the other model. Novel or Unusual Design Features The ECF model EC225LP helicopter will incorporate the following novel or unusual design features: The SAR system is composed of a navigation computer with SAR modes, an AFCS that provides coupled SAR functions, hoist operator control, a hover speed reference system, and two radio altimeters. The AFCS coupled SAR functions include:

(a)Hover hold at selected height above the surface.

(b)Ground speed hold.

(c)Transition down and hover to a waypoint under guidance from the navigation computer.

(d)SAR pattern, transition down, and hover near a target over which the helicopter has flown.

(e)Transition up, climb, and capture a cruise height.

(f)Capture and track SAR search patterns generated by the navigation computer.

(g)Monitor the preselected hover height with automatic increase in collective if the aircraft height drops below the safe minimum height. These SAR modes are intended to be used over large bodies of water in areas clear of obstructions. Further, use of the SAR modes that transition down from cruise to hover will include operation at airspeeds below V MINI . The SAR system only entails navigation, flight control, and coupled AFCS operation of the helicopter. The system does not include the extra equipment that may be required for over water flight or external loads to meet other operational requirements. Discussion of Comments In response to the final special conditions with request for comments, No. 29-022-SC, published in the **Federal Register** on November 6, 2008 (73 FR 65968), we received multiple comments from one commenter, AgustaWestland (AW). We responded to the comments and recommendations in the notice of proposed special conditions No. 29-022A-SC for the ECF model EC225LP helicopter installation of a SAR AFCS, published in the **Federal Register** on December 20, 2010 (75 FR 79312). Because we agreed with some of AW's comments, the notice proposed to revise the special conditions and clarify the intent of some of the requirements. We gave the public the opportunity to comment on the amendments to the special conditions, but no additional comments were received in response to the notice of special conditions. Therefore, the amended special conditions are being adopted as proposed. A summary of the amendments and clarification from the original special conditions published in No. 29-022-SC follows: Referring to subparagraph (a)(3), which deals with a Go-Around mode, we disagree with AW's interpretation of the requirement, however we recognize the wording may be unclear. We made a change to subparagraph (a)(3) to reflect that the required Go-Around mode is pilot-selectable and the purpose is to interrupt any other coupled mode. We also clarified in subparagraph (a)(2) that this requirement pertains to normal SAR mode sequencing. With respect to subparagraphs (b)(3) and (b)(4) of the SAR Mode System Architecture, we concurred with AW's recommendations, which is consistent with the requirement of subparagraph (b)(2). Therefore, subparagraphs (b)(3) and (b)(4) are revised to additionally require the actual groundspeed and actual heading to be displayed to the pilot. In AW's reference to subparagraph (c)(3), we made non-substantive changes to improve the intent of the requirement. Additional wording was added to subparagraph (f)(1)(i)(C) that provides linkage to the minimum use height

(MUH)determination made in subparagraph (c)(3). This change was made for clarification purposes only and is not intended to increase or alleviate the current requirements. We have also defined MUH in subparagraph (c)(3). We do not intend for the SAR AFCS to decouple automatically if the helicopter descends below MUH. We made some other minor changes to improve and clarify wording, with no substantive increase or decrease to the current requirements, as follows: In subparagraph (a)(1) we added “(within the maximum demonstrated wind envelope)” to highlight that safe and controlled flight is required throughout the wind envelope. Adding this phrase does not change our intent of SAR envelope definition. We added, “Pilot-commanded descent below the safe minimum height is acceptable provided the alerting requirements in (b)(7)(i) are sufficient to alert the pilot of this encroachment” to subparagraph (a)(4). This clarifies that the SAR AFCS is permitted to descend below the stored or pilot-selected safe minimum height only when commanded by the pilot, provided the alerting requirements are sufficient to alert the pilot of the descent. We modified subparagraph (b)(6) to indicate that the AFCS system must monitor for all deviations and failures, not just those that create a hazard, which was our original intent. The alerting requirement does not change; a pilot alert is still required for all deviations and all failures that require pilot-corrective action. Clarified subparagraph (b)(7) by adding subparagraph

(iii)for normal transitions. This makes the requirement more specific. We clarified in subparagraph (b)(8) that the hoist operator control has limited authority. Subparagraph (b)(8)(iii) of the current special condition contains two requirements. We have separated them, so subparagraph (b)(8)(iii) only contains the hoist operator control noninterference requirement and subparagraph (b)(8)(iv) contains the pilot override criteria for the hoist control. We modified subparagraph (d)(2) by deleting “danger of” from the first sentence. This change does not alter the intent of this requirement. Subparagraph (d)(3)(iii)(B) was modified to incorporate more general terms to clarify the requirement. We changed subparagraph (b)(10) to state a functional hazard assessment must address all failure conditions, not just those that represent catastrophic failure conditions. This change makes this SAR special condition requirement consistent with the requirements of § 29.1309. We changed the second paragraph in subparagraph (e)(1)(ii) to a note. This “note” provides information only and is better characterized as a “note.” The original wording was always intended to stand as a note, but it was not previously marked as one. We removed the parenthetical from subparagraph (g)(4) as it is not needed. The intent of this requirement has not changed. Finally, we clarified subparagraphs (g)(4)(i) and (g)(4)(ii), by changing “transition,” “hover,” and “cruise” to “transition modes,” “hover modes,” and “cruise modes,” respectively. This general wording allows an applicant more flexibility in the use of SAR mode terminology. Applicability These special conditions apply to the ECF model EC225LP helicopters. Should ECF apply at a later date for a change to the TC to include another model incorporating the same novel or unusual design feature, these special conditions would apply to that model as well under the provisions of § 21.101(d). Conclusion This action affects only certain novel or unusual design features on one model of helicopter. It is not a rule of general applicability. List of Subjects in 14 CFR Part 29 Aircraft, Aviation safety. 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 type certification basis for Eurocopter France model EC225LP helicopter, Type Certificate No. H4EU, is amended by removing Special Condition No. 29-022-SC from Docket No. SW022 (published in 73 FR 65968, November 6, 2088) and adding the following special conditions (No. 29-022A-SC) to the type certification basis when the optional Search and Rescue

(SAR)Automatic Flight Control System

(AFCS)is installed: In addition to the part 29 certification requirements for Category A and helicopter instrument flight (Appendix B), the following additional requirements must be met for certification of the SAR AFCS:

(a)*SAR Flight Modes.* The coupled SAR flight modes must provide:

(1)Safe and controlled flight in three axes (lateral and longitudinal position/speed and height/vertical speed) at all airspeeds from instrument flight minimum speed (V MINI ) to a hover (within the maximum demonstrated wind envelope).

(2)Automatic transition to the helicopter instrument flight (Appendix B) envelope as part of the normal SAR mode sequencing.

(3)A pilot-selectable Go-Around mode that safely interrupts any other coupled mode and automatically transitions to the helicopter instrument flight (Appendix B) envelope.

(4)A means to prevent unintended flight below a safe minimum height. Pilot-commanded descent below the safe minimum height is acceptable provided the alerting requirements in (b)(7)(i) are sufficient to alert the pilot of this descent below safe minimum height.

(b)*SAR Mode System Architecture.* To support the integrity of the SAR modes, the following system architecture is required:

(1)A system for limiting the engine power demanded by the AFCS when any of the automatic piloting modes are engaged, so full authority digital engine control (FADEC) power limitations, such as torque and temperature, are not exceeded.

(2)A system providing the aircraft height above the surface and final pilot-selected height at a location on the instrument panel in a position acceptable to the FAA that will make it plainly visible to and usable by any pilot at their station.

(3)A system providing the aircraft heading and the pilot-selected heading at a location on the instrument panel in a position acceptable to the FAA that will make it plainly visible to and usable by any pilot at their station.

(4)A system providing the aircraft longitudinal and lateral ground speeds and the pilot-selected longitudinal and lateral ground speeds when used by the AFCS in the flight envelope where airspeed indications become unreliable. This information must be presented at a location on the instrument panel in a position acceptable to the FAA that is plainly visible to and usable by any pilot at their station.

(5)A system providing wind speed and wind direction when automatic piloting modes are engaged or transitioning from one mode to another.

(6)A system that monitors for flight guidance deviations and failures with an appropriate alerting function that enables the flight crew to take appropriate corrective action.

(7)An alerting system must provide visual or aural alerts, or both, to the flight crew under any of the following conditions:

(i)When the stored or pilot-selected safe minimum height is reached.

(ii)When a SAR mode system malfunction occurs.

(iii)When the AFCS changes modes automatically from one SAR mode to another. Note: For normal transitions from one SAR mode to another, a single visual or aural alert may suffice. For a SAR mode malfunction or a mode having a time-critical component, the flight crew alerting system must activate early enough to allow the flight crew to take timely and appropriate action. The alerting system means must be designed to alert the flight crew in order to minimize crew errors that could create an additional hazard.

(8)The SAR system hoist operator control is considered a flight control with limited authority and must comply with the following:

(i)The hoist operator control must be designed and located to provide for convenient operation and to prevent confusion and inadvertent operation.

(ii)The helicopter must be safely controllable by the hoist operator control throughout the range of that control.

(iii)The hoist operator control may not interfere with the safe operation of the helicopter.

(iv)Pilot and copilot flight controls must be able to smoothly override the control authority of the hoist operator control, without exceptional piloting skill, alertness, or strength, and without the danger of exceeding any other limitation because of the override.

(9)The reliability of the AFCS must be related to the effects of its failure. The occurrence of any failure condition that would prevent continued safe flight and landing must be extremely improbable. For any failure condition of the AFCS which is not shown to be extremely improbable:

(i)The helicopter must be safely controllable and capable of continued safe flight without exceptional piloting skill, alertness, or strength. Additional unrelated probable failures affecting the control system must be evaluated.

(ii)The AFCS must be designed so that it cannot create a hazardous deviation in the flight path or produce hazardous loads on the helicopter during normal operation or in the event of a malfunction or failure, assuming corrective action begins within an appropriate period of time. Where multiple systems are installed, subsequent malfunction conditions must be evaluated in sequence unless their occurrence is shown to be improbable.

(10)A functional hazard assessment

(FHA)and a system safety assessment must be provided to address the failure conditions associated with SAR operations. For SAR catastrophic failure conditions, changes may be required to the following:

(i)System architecture.

(ii)Software and complex electronic hardware design assurance levels.

(iii)High Intensity Radiated Field

(HIRF)test levels.

(iv)Instructions for continued airworthiness. The assessments must consider all the systems required for SAR operations to include the AFCS, all associated AFCS sensors (for example, radio altimeter), and primary flight displays. Electrical and electronic systems with SAR catastrophic failure conditions (for example, AFCS) must comply with the § 29.1317(a)(4) HIRF requirements.

(c)*SAR Mode Performance Requirements.*

(1)The SAR modes must be demonstrated in the requested flight envelope for the following minimum sea-state and wind conditions:

(i)Sea State: Wave height of 2.5 meters (8.2 feet), considering both short and long swells.

(ii)Wind: 25 knots headwind; 17 knots for all other azimuths.

(2)The selected hover height and hover velocity must be captured (to include the transition from one captured mode to another captured mode) accurately and smoothly and not exhibit any significant overshoot or oscillation.

(3)For any single failure or any combination of failures of the AFCS that is not shown to be extremely improbable, the recovery must not result in a loss of height greater than half of the minimum use height

(MUH)with a minimum margin of 15 feet above the surface. MUH is the minimum height at which any SAR AFCS mode can be engaged.

(4)The SAR mode system must be usable up to the maximum certified gross weight of the aircraft or to the lower of the following weights:

(i)Maximum emergency flotation weight.

(ii)Maximum hover Out-of-Ground Effect

(OGE)weight.

(iii)Maximum demonstrated weight.

(d)*Flight Characteristics.*

(1)The basic aircraft must meet all the part 29 airworthiness criteria for helicopter instrument flight (Appendix B).

(2)For SAR mode coupled flight below V MINI , at the maximum demonstrated winds, the helicopter must be able to maintain any required flight condition and make a smooth transition from any flight condition to any other flight condition without requiring exceptional piloting skill, alertness, or strength, and without exceeding the limit load factor. This requirement also includes aircraft control through the hoist operator's control.

(3)For SAR modes at airspeeds below V MINI , the following requirements of Appendix B to part 29 must be met and will be used as an extension to the IFR certification envelope of the basic aircraft:

(i)Static Longitudinal Stability: The requirements of paragraph IV of Appendix B are not applicable.

(ii)Static Lateral-Directional Stability: The requirements of paragraph V of Appendix B are not applicable.

(iii)Dynamic Stability: The requirements of paragraph VI of Appendix B are replaced with the following two paragraphs:

(A)Any oscillation must be damped and any aperiodic response must not double in amplitude in less than 10 seconds. This requirement must also be met with degraded upper mode(s) of the AFCS. An “upper mode” is a mode that utilizes a fully coupled autopilot to provide an operational SAR profile.

(B)After any upset, the AFCS must return the aircraft to the last commanded position within 10 seconds or less.

(4)With any of the upper mode(s) of the AFCS engaged, the pilot must be able to manually recover the aircraft and transition to the normal (Appendix B) IFR flight profile envelope without exceptional skill, alertness, or strength.

(e)*One-Engine Inoperative

(OEI)Performance Information.*

(1)The following performance information must be provided in the Rotorcraft Flight Manual Supplement (RFMS):

(i)OEI performance information and emergency procedures, providing the maximum weight that will provide a minimum clearance of 15 feet above the surface, following failure of the critical engine in a hover. The maximum weight must be presented as a function of the hover height for the temperature and pressure altitude range requested for certification. The effects of wind must be reflected in the hover performance information.

(ii)Hover OGE performance with the critical engine inoperative for OEI continuous and time-limited power ratings for those weights, altitudes, and temperatures for which certification is requested. Note: These OEI performance requirements do not replace performance requirements that may be needed to comply with the airworthiness or operational standards (§ 29.865 or 14 CFR part 133) for external loads or human external cargo.

(f)*RFMS.*

(1)The RFMS must contain, at a minimum:

(i)Limitations necessary for safe operation of the SAR system to include:

(A)Minimum crew requirements.

(B)Maximum SAR weight.

(C)Engagement criteria for each of the SAR modes to include MUH (as determined in subparagraph (c)(3)).

(ii)Normal and emergency procedures for operation of the SAR system (to include operation of the hoist operator control), with AFCS failure modes, AFCS degraded modes, and engine failures.

(iii)Performance information:

(A)OEI performance and height-loss.

(B)Hover OGE performance information, utilizing OEI continuous and time-limited power ratings.

(C)The maximum wind envelope demonstrated in flight test.

(g)*Flight Demonstration.*

(1)Before approval of the SAR system, an acceptable flight demonstration of all the coupled SAR modes is required.

(2)The AFCS must provide fail-safe operations during coupled maneuvers. The demonstration of fail-safe operations must include a pilot workload assessment associated with manually flying the aircraft to an altitude greater than 200 feet above the surface and an airspeed of at least the best rate of climb airspeed (V y ).

(3)For any failure condition of the SAR system not shown to be extremely improbable, the pilot must be able to make a smooth transition from one flight mode to another without exceptional piloting skill, alertness, or strength.

(4)Failure conditions that are not shown to be extremely improbable must be demonstrated by analysis, ground testing, or flight testing. For failures demonstrated in flight, the following normal pilot recovery times are acceptable:

(i)Transition modes (Cruise-to-Hover/Hover-to-Cruise) and Hover modes: Normal pilot recognition plus 1 second.

(ii)Cruise modes: Normal pilot recognition plus 3 seconds.

(5)All AFCS malfunctions must include evaluation at the low-speed and high-power flight conditions typical of SAR operations. Additionally, AFCS hard-over, slow-over, and oscillatory malfunctions, particularly in yaw, require evaluation. AFCS malfunction testing must include a single or a combination of failures (for example, erroneous data from and loss of the radio altimeter, attitude, heading, and altitude sensors) which are not shown to be extremely improbable.

(6)The flight demonstration must include the following environmental conditions:

(i)Swell into wind.

(ii)Swell and wind from different directions.

(iii)Cross swell.

(iv)Swell of different lengths (short and long swell). Issued in Fort Worth, Texas, on September 25, 2012. Kimberly K. Smith, Manager, Rotorcraft Directorate, Aircraft Certification Service. [FR Doc. 2012-24676 Filed 10-4-12; 8:45 am]

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