79990 Federal Register / Vol. 75, No. 244 / Tuesday, December 21, 2010 / Proposed Rules 

cancels EASA AD No. 2009–0004, dated 

January 12, 2009, contains related 

information. 

Joint Aircraft System/Component (JASC) 

Code 

(i) The JASC Code is 2435: StarterGenerator. 

Issued in Fort Worth, Texas, on December 

6, 2010. 

Lance T. Gant, 

Acting Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–31963 Filed 12–20–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–1255; Directorate 

Identifier 2010–CE–059–AD] 

RIN 2120–AA64 

Airworthiness Directives; B–N Group 

Ltd. Model BN–2, BN–2A, BN–2A–2, 

BN–2A–3, BN–2A–6, BN–2A–8, BN–2A– 

9, BN–2A–20, BN–2A–21, BN–2A–26, 

BN–2A–27, BN–2B–20, BN–2B–21, BN– 

2B–26, BN–2B–27, BN–2T, and BN–2T– 

4R Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (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 results from mandatory continuing 

airworthiness information (MCAI) 

originated by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

An event has been reported where Glass 

Fibre Reinforced Plastic (GFRP) elevator tips 

have been found deformed on in-service 

aircraft. The outboard three inches of the 

elevator tip assembly profiles (top and 

bottom surfaces) had changed from being 

convex profiles to concave profiles. There is 

concern that this could potentially result in, 

or be caused by, internal structural 

delamination and/or failure. Such a failure 

could have a serious effect on the aircraft 

handling and could potentially result in loss 

of control of the aircraft. 

The proposed AD would require actions 

that are intended to address the unsafe 

condition described in the MCAI. 

DATES: We must receive comments on 

this proposed AD by February 4, 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: U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

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

through Friday, except Federal holidays. 

For service information identified in 

this proposed AD, contact 

Airworthiness, Britten-Norman Aircraft 

Ltd., Bembridge Airport, Isle of Wight, 

PO35 5PR, United Kingdom; telephone: 

+44(0) 20 3371 4000; fax: +44(0) 20 3371 

4001; e-mail: 

jim.roberts@bnaircraft.com. You may 

review copies of the referenced service 

information at the FAA, Small Airplane 

Directorate, 901 Locust, Kansas City, 

Missouri 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 

(telephone (800) 647–5527) is in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

FOR FURTHER INFORMATION CONTACT: 

Taylor Martin, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 

Locust, Room 301, Kansas City, 

Missouri 64106; telephone: (816) 329– 

4138; fax: (816) 329–4090. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES. section. Include ‘‘Docket No. 

FAA–2010–1255; Directorate Identifier 

2010–CE–059–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. 

Discussion 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued AD No.: 2009– 

0105R2, dated March 9, 2010 (referred 

to after this as ‘‘the MCAI’’), to correct 

an unsafe condition for the specified 

products. The MCAI states: 

An event has been reported where Glass 

Fibre Reinforced Plastic (GFRP) elevator tips 

have been found deformed on in-service 

aircraft. The outboard three inches of the 

elevator tip assembly profiles (top and 

bottom surfaces) had changed from being 

convex profiles to concave profiles. There is 

concern that this could potentially result in, 

or be caused by, internal structural 

delamination and/or failure. Such a failure 

could have a serious effect on the aircraft 

handling and could potentially result in loss 

of control of the aircraft. 

For the reasons stated above, the initial 

issue of this AD (AD 2009–0105) mandated 

inspection of the GFRP elevator tips and 

replacement of any deformed parts. 

Its Revision 1 (AD 2009–0105R1) extends 

the compliance time by three months. 

Its Revision 2 (AD 2009–0105R2) extends 

the compliance time by an additional three 

months. 

Relevant Service Information 

Britten-Norman Aircraft Limited has 

issued Service Bulletin Number BN–2/ 

SB 313, Issue 3, dated February 24, 

2009; Drawing NB–31–235, Issue 13; 

Drawing NB–31–873, Issue 2; and 

Drawing NB–31–0906, Issue 3. The 

actions described in this service 

information are intended to correct the 

unsafe condition identified in the 

MCAI. 

FAA’s Determination and Requirements 

of the Proposed AD 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with this State of 

Design Authority, they have notified us 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are proposing this 

AD because we evaluated all 

information and determined the unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 244 / Tuesday, December 21, 2010 / Proposed Rules 79991 

Differences Between This Proposed AD 

and the MCAI or Service Information 

We have reviewed the MCAI and 

related service information and, in 

general, agree with their substance. But 

we might have found it necessary to use 

different words from those in the MCAI 

to ensure the AD is clear for U.S. 

operators and is enforceable. In making 

these changes, we do not intend to differ 

substantively from the information 

provided in the MCAI and related 

service information. 

We might also have proposed 

different actions in this AD from those 

in the MCAI in order to follow FAA 

policies. Any such differences are 

highlighted in a Note within the 

proposed AD. 

Costs of Compliance 

We estimate that this proposed AD 

will affect 135 products of U.S. registry. 

We also estimate that it would take 

about 2 work-hours per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $85 per work-hour. Required 

parts would cost about $10,000 per 

product. 

Based on these figures, we estimate 

the cost of the proposed AD on U.S. 

operators to be $1,372,950, or $10,170 

per product. 

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); and 

3. 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. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this proposed AD and placed it in the 

AD docket. 

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 AD: 

B–N Group Ltd.: Docket No. FAA–2010– 

1255; Directorate Identifier 2010–CE– 

059–AD. 

Comments Due Date 

(a) We must receive comments by February 

4, 2011. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to B–N Group Ltd. 

Models BN–2, BN–2A, BN–2A–2, BN–2A–3, 

BN–2A–6, BN–2A–8, BN–2A–9, BN–2A–20, 

BN–2A–21, BN–2A–26, BN–2A–27, BN–2B– 

20, BN–2B–21, BN–2B–26, BN–2B–27, BN– 

2T, and BN–2T–4R airplanes, all serial 

numbers, certificated in any category. 

Subject 

(d) Air Transport Association of America 

(ATA) Code 27: Flight Controls. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

An event has been reported where Glass 

Fibre Reinforced Plastic (GFRP) elevator tips 

have been found deformed on in-service 

aircraft. The outboard three inches of the 

elevator tip assembly profiles (top and 

bottom surfaces) had changed from being 

convex profiles to concave profiles. There is 

concern that this could potentially result in, 

or be caused by, internal structural 

delamination and/or failure. Such a failure 

could have a serious effect on the aircraft 

handling and could potentially result in loss 

of control of the aircraft. 

For the reasons stated above, the initial 

issue of this AD (AD 2009–0105) mandated 

inspection of the GFRP elevator tips and 

replacement of any deformed parts. 

Its Revision 1 (AD 2009–0105R1) extends 

the compliance time by three months. 

Its Revision 2 (AD 2009–0105R2) extends 

the compliance time by an additional three 

months. 

Actions and Compliance 

(f) Unless already done, do the following 

actions: 

(1) Before further flight after the effective 

date of this AD, visually inspect for 

deformation of shape and signs of concavity 

the elevator tip assemblies (top and bottom 

surfaces) as instructed in paragraphs 6 and 9 

of Britten-Norman Aircraft Limited Service 

Bulletin Number BN–2/SB 313, Issue 3, dated 

February 24, 2009. If no sign of deformity or 

concavity is found as a result of the 

inspection required by paragraph (f)(1) of this 

AD, no further action is required by this AD 

except for the requirements of paragraph 

(f)(3) of this AD. 

(2) If signs of deformation or concavity are 

found, before further flight, inspect for 

delamination the elevator tip as instructed in 

paragraph 9 of Britten-Norman Aircraft 

Limited Service Bulletin Number BN–2/SB 

313, Issue 3, dated February 24, 2009. 

(i) If delamination is found as a result of 

any inspection required by this AD, before 

further flight, replace the elevator tip with a 

serviceable elevator tip following BrittenNorman Ltd. Drawing NB–31–235, Issue 13; 

Britten-Norman Ltd. Drawing NB–31–873, 

Issue 2; or Britten-Norman Ltd. Drawing NB– 

0906, Issue 3, as applicable to airplane 

models. 

(ii) If no delamination is found as a result 

of any inspection required by this AD, at 

intervals not to exceed 50 hours time-inservice (TIS) and until accomplishment of 

paragraph (f)(2)(iii) of this AD, inspect for 

delamination the elevator tip as instructed in 

paragraph 9 of Britten-Norman Aircraft 

Limited Service Bulletin Number BN–2/SB 

313, Issue 3, dated February 24, 2009. 

(iii) Within 12 months after the effective 

date of this AD, unless already done as 

required by paragraph (f)(2)(i) of this AD, 

replace the elevator tip with a serviceable 

elevator tip following Britten-Norman Ltd. 

Drawing NB–31–235, Issue 13; BrittenNorman Ltd. Drawing NB–31–873, Issue 2; or 

Britten-Norman Ltd. Drawing NB–31–0906, 

Issue 3, as applicable to airplane models. 

(3) After the effective date of this AD, do 

not install elevator tips on any airplane, 

unless they have already been inspected in 

accordance with Britten-Norman Aircraft 

Limited Service Bulletin Number BN–2/SB 

313, Issue 3, dated February 24, 2009, and 

determined to be free from concavity and 

delamination. 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
79992 Federal Register / Vol. 75, No. 244 / Tuesday, December 21, 2010 / Proposed Rules 

1The Dodd-Frank Wall Street Reform and 

Consumer Protection Act, Pub. L. No. 111–203, 124 

Stat. 1376 (2010). 

2See Public Law 111–203, Preamble. 

3Section 712(d) of the Dodd-Frank Act provides 

that the Commission and the CFTC, in consultation 

FAA AD Differences 

Note: This AD differs from the MCAI and/ 

or service information as follows: No 

differences. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, Standards Office, 

FAA, has the authority to approve AMOCs 

for this AD, if requested using the procedures 

found in 14 CFR 39.19. Send information to 

ATTN: Taylor Martin, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4138; fax: (816) 329– 

4090. Before using any approved AMOC on 

any airplane to which the AMOC applies, 

notify your appropriate principal inspector 

(PI) in the FAA Flight Standards District 

Office (FSDO), or lacking a PI, your local 

FSDO. 

(2) Airworthy Product: For any 

requirement in this AD to obtain corrective 

actions from a manufacturer or other source, 

use these actions if they are FAA-approved. 

Corrective actions are considered FAAapproved if they are approved by the State 

of Design Authority (or their delegated 

agent). You are required to assure the product 

is airworthy before it is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, a federal 

agency may not conduct or sponsor, and a 

person is not required to respond to, nor 

shall a person be subject to a penalty for 

failure to comply with a collection of 

information subject to the requirements of 

the Paperwork Reduction Act unless that 

collection of information displays a current 

valid OMB Control Number. The OMB 

Control Number for this information 

collection is 2120–0056. Public reporting for 

this collection of information is estimated to 

be approximately 5 minutes per response, 

including the time for reviewing instructions, 

completing and reviewing the collection of 

information. All responses to this collection 

of information are mandatory. Comments 

concerning the accuracy of this burden and 

suggestions for reducing the burden should 

be directed to the FAA at: 800 Independence 

Ave., SW., Washington, DC 20591, Attn: 

Information Collection Clearance Officer, 

AES–200. 

Related Information 

(h) Refer to MCAI EASA AD No.: 2009– 

0105R2, dated March 9, 2010; BrittenNorman Aircraft Limited Service Bulletin 

Number BN–2/SB 313, Issue 3, dated 

February 24, 2009, Britten-Norman Ltd. 

Drawing NB–31–235, Issue 13; BrittenNorman Ltd. Drawing NB–31–873, Issue 2; 

and Britten-Norman Ltd. Drawing NB–31– 

0906, Issue 3. For service information related 

to this AD, contact Airworthiness, BrittenNorman Aircraft Ltd., Bembridge Airport, Isle 

of Wight, PO35 5PR, United Kingdom; 

telephone: +44(0) 20 3371 4000; fax: +44(0) 

20 3371 4001; e-mail: 

jim.roberts@bnaircraft.com. You may review 

copies of the referenced service information 

at the FAA, Small Airplane Directorate, 901 

Locust, Kansas City, Missouri 64106. For 

information on the availability of this 

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

Issued in Kansas City, Missouri, on 

December 14, 2010. 

William J. Timberlake, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–31983 Filed 12–20–10; 8:45 am] 

BILLING CODE 4910–13–P 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Part 240 

[Release No. 34–63556; File No. S7–43–10] 

RIN 3235–AK88 

End-User Exception to Mandatory 

Clearing of Security-Based Swaps 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In accordance with the DoddFrank Wall Street Reform and Consumer 

Protection Act of 2010 (‘‘Dodd-Frank 

Act’’), the Securities and Exchange 

Commission (‘‘Commission’’) is 

proposing new Rule 3Cg–1 under the 

Securities Exchange Act of 1934 

(‘‘Exchange Act’’) governing the 

exception to mandatory clearing of 

security-based swaps available for 

counterparties meeting certain 

conditions. The Commission is 

requesting comments on the proposed 

rule and related matters. 

DATES: Comments must be received on 

or before February 4, 2011. 

ADDRESSES: Comments may be 

submitted by any of the following 

methods: 

Electronic Comments 

• Use the Commission’s Internet 

comment form (http://www.sec.gov/ 

rules/proposed.shtml); or 

• Send an e-mail to rulecomments@sec.gov. Please include File 

No. S7–43–10 on the subject line; or 

• Use the Federal eRulemaking Portal 

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

instructions for submitting comments. 

Paper Comments 

• Send paper comments in triplicate 

to Elizabeth M. Murphy, Secretary, 

Securities and Exchange Commission, 

100 F Street, NE., Washington, DC 

20549–1090. 

All submissions should refer to File No. 

S7–43–10. This file number should be 

included on the subject line if e-mail is 

used. To help us process and review 

your comments more efficiently, please 

use only one method. The Commission 

will post all comments on the 

Commission’s Internet Web site (http:// 

www.sec.gov/rules/proposed.shtml). 

Comments are also available for Web 

site viewing and printing in the 

Commission’s Public Reference Room, 

100 F Street, NE., Washington, DC 

20549 on official business days between 

the hours of 10 a.m. and 3 p.m. All 

comments received will be posted 

without change; we do not edit personal 

identifying information from 

submissions. You should submit only 

information that you wish to make 

available publicly. 

FOR FURTHER INFORMATION CONTACT: 

Peter Curley, Attorney Fellow, at (202) 

551–5696, or Andrew Blake, Special 

Counsel, at (202) 551–5846, Division of 

Trading and Markets, Securities and 

Exchange Commission, 100 F Street, 

NE., Washington, DC 20549–7010. 

SUPPLEMENTARY INFORMATION: In 

accordance with Section 763(a) of Title 

VII (‘‘Title VII’’) of the Dodd-Frank Wall 

Street Reform and Consumer Protection 

Act of 2010, the Commission is 

proposing Rule 3Cg–1 under the 

Exchange Act to govern the exception to 

mandatory clearing of security-based 

swaps available to counterparties to 

security-based swaps meeting certain 

conditions. The Commission is 

soliciting comments on all aspects of the 

proposed rule and alternative rule 

language and will carefully consider any 

comments received. 

I. Introduction 

On July 21, 2010, the President signed 

the Dodd-Frank Act into law.1 The 

Dodd-Frank Act was enacted to, among 

other purposes, promote the financial 

stability of the United States by 

improving accountability and 

transparency in the financial system.2

Title VII of the Dodd-Frank Act provides 

the Commission and the Commodity 

Futures Trading Commission (‘‘CFTC’’) 

with the authority to regulate over-thecounter (‘‘OTC’’) derivatives in light of 

the recent financial crisis, which 

demonstrated the need for enhanced 

regulation in the OTC derivatives 

market. 

The Dodd-Frank Act provides that the 

CFTC will regulate ‘‘swaps,’’ the 

Commission will regulate ‘‘securitybased swaps,’’ and the CFTC and the 

Commission will jointly regulate ‘‘mixed 

swaps.’’ 3 The Dodd-Frank Act amends 


jlentini on DSKJ8SOYB1PROD with PROPOSALS