18454 Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Proposed Rules 

market utility to continue to provide its 

services in a safe and sound manner. 

(4) The Board may require 

modification or rescission of the change 

if it finds that the change is not 

consistent with the purposes of the 

Dodd-Frank Act or any applicable rules, 

order or standards prescribed under 

section 805(a) of the Dodd-Frank Act. 

(c) Materiality. 

(1) The term ‘‘materially affect the 

nature or level of risks presented’’ in 

paragraph (a)(1) of this section means 

matters as to which there is a reasonable 

possibility that the change could 

materially affect the performance of 

clearing, settlement, or payment 

functions or the overall nature or level 

of risk presented by the designated 

financial market utility. 

(2) A change to rules, procedures, or 

operations that would materially affect 

the nature or level of risks presented 

includes, but is not limited to, changes 

that affect the following: 

(i) Participant eligibility or access 

criteria; 

(ii) Product eligibility; 

(iii) Risk management; 

(iv) Settlement failure or default 

procedures; 

(v) Financial resources; 

(vi) Business continuity and disaster 

recovery plans; 

(vii) Daily or intraday settlement 

procedures; 

(viii) The scope of services, including 

the addition of a new service or 

discontinuation of an existing service; 

(ix) Technical design or operating 

platform, which results in non-routine 

changes to the underlying technological 

framework for payment, clearing, or 

settlement functions; or 

(x) Governance. 

(3) A change to rules, procedures, or 

operations that does not meet the 

conditions of paragraph (c)(2) of this 

section and would not materially affect 

the nature or level of risks presented 

includes, but is not limited to the 

following: 

(i) A change that does not modify the 

contractual rights or obligations of the 

designated financial market utility or 

persons using its payment, clearing, or 

settlement services; 

(ii) A change to an existing procedure, 

control, or service that does not 

adversely affect the safeguarding of 

securities, collateral, or funds in the 

custody or control of the designated 

financial market utility or for which it 

is responsible; 

(iii) A routine technology systems 

upgrade; 

(iv) A change related solely to the 

administration of the designated 

financial market utility or related to the 

routine, daily administration, direction, 

and control of employees; or 

(v) A clerical change and other nonsubstantive revisions to rules, 

procedures, or other documentation. 

By order of the Board of Governors of the 

Federal Reserve System, March 29, 2011. 

Jennifer J. Johnson, 

Secretary of the Board. 

[FR Doc. 2011–7812 Filed 4–1–11; 8:45 am] 

BILLING CODE 6210–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0318; Directorate 

Identifier 2010–CE–033–AD] 

RIN 2120–AA64 

Airworthiness Directives; Burl A. 

Rogers (Type Certificate Previously 

Held by William Brad Mitchell and 

Aeronca, Inc.) Models 15AC and 

S15AC Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above. This proposed 

AD would require repetitive inspections 

of the upper and lower main wing spar 

cap angles for cracks and/or corrosion 

and installing inspection access panels. 

This AD would also require replacing 

the wing spar cap angles if moderate or 

severe corrosion is found and applying 

corrosion inhibitor. This proposed AD 

was prompted by reports of 

intergranular exfoliation and corrosion 

of the upper and/or lower wing main 

spar cap angles found on the affected 

airplanes. We are proposing this AD to 

detect and correct cracks, intergranular 

exfoliation and corrosion in the wing 

main spar cap angles, which could 

result in reduced strength of the wing 

spar and the load carrying capacity of 

the wing. This could lead to wing 

failure and consequent loss of control. 

DATES: We must receive comments on 

this proposed AD by May 19, 2011. 

ADDRESSES: You may send comments 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 p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this proposed AD, contact Burl’s 

Aircraft, LLC, P.O. Box 671487, 

Chugiak, Alaska 99567–1487; phone: 

(907) 688–3715; fax (907) 688–5031; 

e-mail burl@biginalaska.com; Internet: 

http://www.burlac.com. You may 

review copies of the referenced service 

information at the FAA, Small Airplane 

Directorate, 901 Locust, Room 301, 

Kansas City, MO 64106. For information 

on the availability of this material at the 

FAA, call (816) 329–4148. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 

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

Friday, except Federal holidays. The AD 

docket contains this proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket 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: Eric 

Wright, Aerospace Engineer, FAA, 

Anchorage Aircraft Certification Office, 

222 W. 7th Ave., #14, Anchorage, 

Alaska 99513; telephone: (907) 271– 

2648; fax: (907) 271–6365; e-mail: 

eric.wright@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposal. Send your comments to 

an address listed under the ADDRESSES

section. 

Include ‘‘Docket No. FAA–2011–0318; 

Directorate Identifier 2010–CE–033–AD’’ 

at the beginning of your comments. We 

specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

this proposed AD. We will consider all 

comments received by the closing date 

and may amend this proposed 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 proposed AD. 

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Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Proposed Rules 18455 

Discussion 

Since first discovered in 1998, we 

have received 34 reports of intergranular 

corrosion and exfoliation found on the 

upper and lower wing main spar cap 

angles on Burl A. Rogers Models 15AC 

and S15AC airplanes. The cause of the 

corrosion is unknown and does not have 

a direct correlation to the type, location, 

or operation performed by the airplane. 

In the original type design wing skins, 

there is a lack of access panels, making 

the main wing spar caps difficult to 

inspect. If left undetected, the corrosion 

in the wing main spar caps could 

become severe enough to reduce the 

strength of the spar and the load 

carrying capacity of the wing. This 

condition, if not corrected, could result 

in wing failure. This failure could lead 

to loss of control. 

Relevant Service Information 

We have reviewed Burl’s Aircraft, 

LLC Mandatory Service Bulletin No. 

15AC06–08–10, dated June 8, 2010. 

The service information describes 

procedures for: 

• Inspecting the leading and trailing 

edges of the upper and lower main wing 

spar cap angles for cracks, intergranular 

exfoliation, and corrosion; 

• Installing wing inspection access 

panels; 

• Applying corrosion inhibitor on the 

upper and lower spar cap angles; and 

• Replacing the main wing spar cap 

angles if cracks, intergranular 

exfoliation, or moderate or severe 

corrosion is found. 

Corrosion definitions and limits are 

contained in FAA Advisory Circular 

(AC) 43–4A, paragraph 640 (a)(b)(c). 

FAA’s Determination 

We are proposing 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. 

Proposed AD Requirements 

This proposed AD would require 

accomplishing the actions specified in 

the service information described. 

Costs of Compliance 

We estimate that this proposed AD 

would affect 255 airplanes in the U.S. 

registry. 

We estimate the following costs to 

comply with this proposed AD: 

ESTIMATED COSTS

Action Labor cost Parts cost Cost per 

product 

Cost on U.S. 

operators 

Initial inspection ......................................... 10 work-hours × $85 per hour = $850 ...... Not applicable ......... $850 $216,750 

Installation of inspection access panels 

and inspection.

30 work-hours × $85 per hour = $2,550 ... $630 ........................ 3,180 810,900 

We estimate the following costs to do 

any necessary replacements that would 

be required based on the results of the 

proposed inspections. We have no way 

of determining the number of aircraft 

that might need these replacements: 

ON-CONDITION COSTS

Action Labor cost Parts cost 

Cost per 

product per 

wing 

Replacement of main spar cap ............................. 80 work-hours × $85 per hour = $6,800 per wing $1,200 per wing ............ $8,000 

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 

We determined that this proposed AD 

would not have federalism implications 

under Executive Order 13132. This 

proposed AD would 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 this proposed regulation: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

(2) Is not a ‘‘significant rule’’ under the 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979), 

(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. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 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): 

Burl A. Rogers (Type Certificate Previously 

Held by William Brad Mitchell and 

Aeronca, Inc.) Models 15AC and S15AC 

mstockstill on DSKH9S0YB1PROD with PROPOSALS

18456 Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Proposed Rules 

Airplanes: Docket No. FAA–2011–0318; 

Directorate Identifier 2010–CE–033–AD. 

Comments Due Date 

(a) We must receive comments by May 19, 

2011. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Burl A. Rogers (type 

certificate previously held by William Brad 

Mitchell and Aeronca, Inc.) Model 15AC and 

S15AC airplanes, all serial numbers, that are 

certificated in any category. 

Subject 

(d) Joint Aircraft System Component 

(JASC)/Air Transport Association (ATA) of 

America Code 57, Wings. 

Unsafe Condition 

(e) This AD was prompted by reports of 

intergranular exfoliation and corrosion of the 

upper and/or lower wing main spar cap 

angles found on the affected airplanes. We 

are issuing this AD to detect and correct 

cracks and corrosion in the wing main spar 

cap angles, which could result in reduced 

strength of the wing spar and the load 

carrying capacity of the wing. This could 

lead to wing failure and consequent loss of 

control. 

Compliance 

(f) Comply with this AD within the 

compliance times specified, unless already 

done (does not eliminate the repetitive 

actions of this AD). 

Actions Compliance Procedures 

(1) Inspect the exposed trailing edges of both 

the upper and lower main spar cap angles on 

both the left and right wing for signs of 

cracks, intergranular exfoliation, and corrosion.

Within the next 10 hours time-in-service (TIS) 

after the effective date of this AD or 3 

months after the effective date of this AD, 

whichever occurs first; or if the left and/or 

right wing have been repaired and both the 

upper and lower main spar caps have been 

replaced using new parts: Inspect at or before the next annual inspection that occurs 

10 years after the replacement or within the 

next 100 hours TIS after the effective date 

of this AD, whichever occurs later. This 

compliance time applies separately to each 

wing.

Follow Burl’s Aircraft, LLC Mandatory Service 

Bulletin No. 15AC06–08–10, dated June 8, 

2010; and FAA Advisory Circular (AC) 

43.13–1B, Change 1, Chapter 6. AC 43.13– 

1B can be found at http://rgl.faa.gov/. 

(2) After completing the inspection required in 

paragraph (f)(1) of this AD: 

(i) Install new inspection hole skin reinforcement doublers and the associated 

screw cover plate in both the left and 

right wing.

(i) Install inspection hole skin reinforcement 

doublers: Within the next 25 hours TIS after 

the effective date of this AD or within 6 

months after the effective date of this AD, 

whichever occurs first; or if the left and/or 

right wing have been repaired and both the 

upper and lower main spar caps have been 

replaced using new parts: At or before the 

next annual inspection that occurs 10 years 

after the replacement or within the next 100 

hours TIS after the effective date of this 

AD, whichever occurs later. This compliance time applies separately to each wing.

Follow Burl’s Aircraft, LLC Mandatory Service 

Bulletin No. 15AC06–08–10, dated June 8, 

2010; Burl’s Aircraft, LLC Drawing No. SB 

15AC06–08–10 (not dated), and FAA Advisory Circular (AC) 43.13–1B, Change 1, 

Chapter 6. AC 43.13–1B can be found at 

http://rgl.faa.gov/. 

(ii) Through the inspection access panels, 

inspect the leading and trailing edges of 

both the upper and lower main spar cap 

angles on both the left and right wing for 

signs of cracks, intergranular exfoliation 

and corrosion; and 

(ii) Inspect: Before further flight after installing 

the inspection hole skin reinforcement doublers.

(iii) Remove any light corrosion and treat 

the entirety of both the upper and lower 

main spar cap angles on both the left 

and right wing with corrosion inhibitor.

(iii) Remove corrosion and treat with corrosion 

inhibitor: Before further flight after the inspection required in paragraph (f)(2)(ii) of 

this AD.

(3) If cracks, intergranular exfoliation, or moderate or severe corrosion is found during the 

inspection required in paragraphs (f)(1) or 

(f)(2)(ii) of this AD, replace the affected main 

spar cap angles in their entirety as a single 

piece. Splicing of the main spar cap angles is 

not permitted.

Before further flight after the inspection required in paragraphs (f)(1) and (f)(2)(ii) of 

this AD.

Follow Burl’s Aircraft, LLC Mandatory Service 

Bulletin No. 15AC06–08–10, dated June 8, 

2010; and contact Burl’s Aircraft, LLC in 

paragraph (i) of this AD for a replacement 

scheme and incorporate the replacement 

scheme 

(4) Removing the wing inspection access panels, repetitively inspect both the upper and 

lower forward main spar caps on both the left 

and right wing for signs of cracks, intergranular exfoliation, and corrosion.

(i) Repetitively thereafter at intervals not to 

exceed every 12 months after the inspection required in paragraph (f)(2)(ii) of this 

AD.

Follow Burl’s Aircraft, LLC Mandatory Service 

Bulletin No. 15AC06–08–10, dated June 8, 

2010; and FAA Advisory Circular (AC) 

43.13–1B, Change 1, Chapter 6. AC 43.13– 

1B can be found at http://rgl.faa.gov/. 

(5) After each inspection required in paragraph 

(f)(4) of this AD: 

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Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Proposed Rules 18457 

Actions Compliance Procedures 

(i) If only light corrosion is found, remove 

the corrosion and treat the main spar 

cap angles with corrosion inhibitor;.

Before further flight after each inspection required in paragraph (f)(4) of this AD. Continue with the repetitive inspections required 

in paragraph (f)(4) of this AD.

Follow Burl’s Aircraft, LLC Mandatory Service 

Bulletin No. 15AC06–08–10, dated June 8, 

2010; and FAA Advisory Circular (AC) 

43.13–1B, Change 1, Chapter 6. AC 43.13– 

1B can be found at http://rgl.faa.gov/. Contact Burl’s Aircraft, LLC in paragraph (i) of 

this AD for a replacement scheme and incorporate the replacement scheme. 

(ii) If cracks, intergranular exfoliation, or 

moderate or severe corrosion is found, 

replace the affected main spar cap angles in their entirety as a single piece. 

Splicing of the main spar cap angles is 

not permitted.

(6) Only install main spar cap angles that have 

been inspected and are free of cracks, intergranular exfoliation, or moderate or severe 

corrosion.

As of the effective date of this AD ................... Not applicable. 

Alternative Methods of Compliance 

(AMOCs) 

(g)(1) The Manager, Anchorage Aircraft 

Certification Office (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. 

(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. 

Related Information 

(h) For more information about this AD, 

contact Eric Wright, Aerospace Engineer, 

FAA, Anchorage ACO, 222 W. 7th Ave., #14, 

Anchorage, Alaska 99513; telephone: (907) 

271–2648; fax: (907) 271–6365; e-mail: 

eric.wright@faa.gov. 

(i) For service information identified in 

this AD, contact Burl’s Aircraft, LLC, P.O. 

Box 671487, Chugiak, Alaska 99567–1487; 

telephone: (907) 688–3715; fax (907) 688– 

5031; e-mail burl@biginalaska.com; Internet: 

http://www.burlac.com. You may review 

copies of the referenced service information 

at the FAA, Small Airplane Directorate, 901 

Locust, Room 301, Kansas City, MO 64106. 

For information on the availability of this 

material at the FAA, call (816) 329–4148. 

Issued in Kansas City, Missouri, on March 

28, 2011. 

Earl Lawrence, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. 2011–7878 Filed 4–1–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE INTERIOR 

National Indian Gaming Commission 

25 CFR Chapter III 

Regulatory Review Schedule; Tribal 

Consultation 

AGENCY: National Indian Gaming 

Commission. 

ACTION: Notice of Regulatory Review 

Schedule. 

SUMMARY: On November 18, 2010, the 

National Indian Gaming Commission 

(NIGC) issued a Notice of Inquiry and 

Notice of Consultation advising the 

public that the NIGC was conducting a 

comprehensive review of all regulations 

promulgated to implement the Indian 

Gaming Regulatory Act (IGRA). The 

review identified in the Notice of 

Inquiry and Notice of Consultation was 

also prepared in order to submit the 

NIGC’s Semi-Annual Regulatory Review 

to the Federal Register in April 2011 as 

set forth in Executive Order 12866 

entitled ‘‘Regulatory Planning and 

Review’’ and the Regulatory Flexibility 

Act, 5 U.S.C. 601 et. seq. The NIGC held 

eight consultations during January and 

February 2011 and invited written 

comments to be submitted by February 

12, 2011. Comments received and 

transcripts of the consultations are 

available on the NIGC Web site. The 

NIGC reviewed all comments received 

and created this comprehensive 

regulatory review agenda schedule 

based on the input received. 

DATES: See Consultation Schedule for 

Review, Section III under 

SUPPLEMENTARY INFORMATION below, for 

a master schedule of dates, locations, 

and subjects of consultation meetings. 

See sections IV–VIII under 

SUPPLEMENTARY INFORMATION below for 

dates and locations of consultations on 

particular subjects. 

ADDRESSES: Testimony and comments 

sent by electronic mail or delivered by 

hand are strongly encouraged. 

Electronic submissions should be 

directed to reg.review@nigc.gov. See File 

Formats and Required Information for 

Submitting Comments under 

SUPPLEMENTARY INFORMATION, section 

IIC, below, for instructions. Submissions 

delivered by hand should be brought to 

the consultations. See Consultation 

Schedule for Review, section III under 

SUPPLEMENTARY INFORMATION below, for 

a master schedule of dates, locations, 

and subjects of consultation meetings. 

See sections IV–VIII under 

SUPPLEMENTARY INFORMATION below for 

dates and locations of consultations on 

particular subjects. Submissions sent by 

regular mail should be addressed to Lael 

Echo-Hawk, Counselor to the Chair, 

National Indian Gaming Commission, 

1441 L Street, NW., Suite 9100, 

Washington, DC 20005. 

FOR FURTHER INFORMATION CONTACT: Lael 

Echo-Hawk, National Indian Gaming 

Commission, 1441 L Street, NW., Suite 

9100, Washington, DC 20005. 

Telephone: 202/632–7009; e-mail: 

reg.review@nigc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Indian Gaming Regulatory Act 

(IGRA or Act), Public Law 100–497, 25 

U.S.C. 2701 et seq., was signed into law 

on October 17, 1988. The purposes of 

IGRA include providing a statutory 

basis for the operation of gaming by 

Indian Tribes as a means of promoting 

tribal economic development, selfsufficiency, and strong tribal 

governments; ensuring that the Indian 

tribe is the primary beneficiary of the 

gaming operation; and declaring that the 

mstockstill on DSKH9S0YB1PROD with PROPOSALS