6094 Federal Register / Vol. 76, No. 23 / Thursday, February 3, 2011 / Proposed Rules 

Availability of Rulemaking Documents 

You can get an electronic copy using 

the Internet by— 

(1) Searching the Federal 

eRulemaking Portal (http:// 

www.regulations.gov); 

(2) Visiting the FAA’s Regulations and 

Policies Web page at http:// 

www.faa.gov/regulations_policies/; or 

(3) Accessing the Government 

Printing Office’s Web page at http:// 

www.gpoaccess.gov/fr/index.html. 

You can also get a copy by sending a 

request to the Federal Aviation 

Administration, Office of Rulemaking, 

ARM–1, 800 Independence Avenue, 

SW., Washington, DC 20591, or by 

calling (202) 267–9680. Commenters 

must identify the docket or notice 

number of this rulemaking. 

All documents the FAA considered in 

developing this proposed rule, 

including economic analyses and 

technical reports, may be accessed from 

the Internet through the Federal 

eRulemaking Portal referenced in item 

(1) above. 

List of Subjects in 14 CFR Part 25 

Aircraft, Aviation safety, Human 

factors, Reporting and record keeping 

requirements, Safety, Transportation. 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend part 25 of Title 14, 

Code of Federal Regulations, as follows: 

PART 25—AIRWORTHINESS 

STANDARDS: TRANSPORT 

CATEGORY AIRPLANES 

1. The authority citation for Part 25 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701, 

44702 and 44704. 

2. Add § 25.1302 to Subpart F to read 

as follows: 

§ 25.1302 Installed systems and 

equipment for use by the flightcrew. 

This section applies to installed 

systems and equipment intended for 

flightcrew members’ use in operating 

the airplane from their normally seated 

positions on the flight deck. The 

applicant must show that these systems 

and installed equipment, individually 

and in combination with other such 

systems and equipment, are designed so 

that qualified flightcrew members 

trained in their use can safely perform 

all of the tasks associated with the 

systems’ and equipment’s intended 

function. Such installed equipment and 

systems must meet the following 

requirements: 

(a) Flight deck controls must be 

installed to allow accomplishment of all 

the tasks required to safely perform the 

equipment’s intended function 

including providing information to the 

flightcrew that is necessary to 

accomplish the defined tasks. 

(b) Flight deck controls and 

information intended for the 

flightcrew’s use must: 

(1) Be provided in a clear and 

unambiguous manner at a resolution 

and precision appropriate to the task. 

(2) Be accessible and usable by the 

flightcrew in a manner consistent with 

the urgency, frequency, and duration of 

their tasks, and 

(3) Enable flightcrew awareness, if 

awareness is required for safe operation, 

of the effects on the airplane or systems 

resulting from flightcrew actions. 

(c) Operationally-relevant behavior of 

the installed equipment must be: 

(1) Predictable and unambiguous, and 

(2) Designed to enable the flightcrew 

to intervene in a manner appropriate to 

the task. 

(d) To the extent practicable, installed 

equipment must incorporate means to 

enable the flightcrew to manage errors 

resulting from the kinds of flightcrew 

interactions with the equipment that 

can be reasonably expected in service. 

This paragraph does not apply to any of 

the following: 

(1) Skill-related errors associated with 

manual control of the airplane; 

(2) Errors that result from decisions, 

actions, or omissions committed with 

malicious intent; 

(3) Errors arising from a 

crewmember’s reckless decisions, 

actions, or omissions reflecting a 

substantial disregard for safety; and 

(4) Errors resulting from acts or 

threats of violence, including actions 

taken under duress. 

Issued in Washington, DC on January 26, 

2011. 

Dorenda D. Baker, 

Director, Aircraft Certification Service. 

[FR Doc. 2011–2358 Filed 2–2–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 27 and 29 

FAA Public Forum To Conduct 

Regulatory Review 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of public meeting. 

SUMMARY: The FAA announces an 

informal meeting to discuss the FAA 

rotorcraft rules, 14 CFR parts 27 and 29, 

and to gather any relevant information 

that will help with drafting any future 

rule changes. 

DATES: The public meeting will be held 

on March 8, 2011, from 1 to 5 p.m. (ET). 

ADDRESSES: The meeting is in 

conjunction with the Helicopter 

Association International (HAI) HeliExpo at the Orange County Convention 

Center, Room S.310, South Concourse, 

9899 International Drive, Orlando, 

Florida. Attendees are not required to 

register for the Heli-Expo conference to 

participate in this public forum. 

FOR FURTHER INFORMATION CONTACT: Fred 

Stellar, Rotorcraft Standards Staff, 

ASW–110, 2601 Meacham Boulevard, 

Fort Worth, TX 76137; telephone (817) 

222–5179; or by e-mail at 

fred.stellar@faa.gov. 

SUPPLEMENTARY INFORMATION: The 

meeting is announced pursuant to 49 

U.S.C. 40113 and 49 U.S.C. 44701 to 

take actions the FAA considers 

necessary in order to enhance safety in 

air commerce and the DOT policies and 

procedures to seek public participation 

in that process. 

Purpose of the Public Meeting 

The purpose of this informal meeting 

is to gather information that may drive 

regulatory changes. The FAA will 

review and consider all material 

presented by participants at the public 

meeting. FAA will use the information 

to analyze the need and scope for 

potential rule changes to enhance 

rotorcraft safety. The goal is to reduce 

the accident/incident rate for rotorcraft 

through promulgation of minimum 

safety standards in line with today’s 

technology and helicopter operations. 

The FAA will have management and 

technical specialists available from the 

Aircraft Certification Service to 

entertain questions and discuss issues 

presented by the audience. Attendance 

is open to all interested persons, but 

will be limited to the space available. 

Public Meeting Procedures 

At this meeting, we will outline our 

approach to conduct a comprehensive 

review of 14 CFR parts 27 and 29 rules 

for rotorcraft airworthiness. We will 

give a brief presentation discussing the 

primary safety concerns driving 

potential revision of rotorcraft rules. 

Following the brief presentation, the 

audience will be encouraged to 

comment or make suggestions regarding 

potential changes to the regulations 

governing rotorcraft airworthiness. An 

FAA representative will facilitate the 

meeting per the following procedures: 


jdjones on DSK8KYBLC1PROD with PROPOSALS-1
Federal Register / Vol. 76, No. 23 / Thursday, February 3, 2011 / Proposed Rules 6095 

1 17 CFR 145.9. Unless otherwise indicated, the 

rules and regulations referenced in this notice are 

found in chapter 1 of title 17 of the Code of Federal 

Regulations; 17 CFR Chapter 1 et seq. 

2See Dodd-Frank Wall Street Reform and 

Consumer Protection Act, Public Law 111–203, 124 

Stat. 1376 (2010). The text of the Dodd-Frank Act 

may be accessed at http://www.cftc.gov./ 

LawRegulation/OTCDERIVATIVES/index.htm. 

3Pursuant to section 701 of the Dodd-Frank Act, 

Title VII may be cited as the ‘‘Wall Street 

Transparency and Accountability Act of 2010.’’ 

4 7 U.S.C. 1 et seq. 

5As discussed below, in accordance with the 

mandate of the Dodd-Frank Act, the Commission 

has recently proposed a definition of the term 

‘‘agricultural commodity.’’ See 75 FR 65586, Oct. 26, 

2010. 

(1) The meeting will be informal and 

non-adversarial. No individual will be 

subject to cross examination by any 

other participant. FAA representatives 

on the panel may ask questions to 

clarify statements and to ensure an 

accurate record. Any statement made 

during the meeting by a panel member 

should not be construed as an official 

position of the government. 

(2) There will be no admission fees or 

other charges to attend or to participate 

in the public meeting. The meeting will 

be open to all persons, subject to 

availability of space in the meeting 

room. The FAA will make every effort 

to accommodate all persons wishing to 

attend. 

(3) Speakers may be limited to 5–10 

minute statements. 

(4) The meeting will be recorded by 

a court reporter. 

Issued in Fort Worth, Texas on January 27, 

2011. 

Kimberly K. Smith, 

Manager, Rotorcraft Directorate, Aircraft 

Certification Service. 

[FR Doc. 2011–2317 Filed 2–2–11; 8:45 am] 

BILLING CODE 4910–13–P 

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Parts 3, 32, 33, and 35 

Commodity Options and Agricultural 

Swaps 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Commodity Futures 

Trading Commission (‘‘Commission’’ or 

‘‘CFTC’’) is charged with proposing rules 

to implement new statutory provisions 

enacted by Title VII of the Dodd-Frank 

Wall Street Reform and Consumer 

Protection Act (‘‘Dodd-Frank Act’’). The 

Dodd-Frank Act provides that swaps in 

an agricultural commodity (as defined 

by the Commission) are prohibited 

unless entered into pursuant to a rule, 

regulation or order of the Commission 

adopted pursuant to Commodity 

Exchange Act (‘‘CEA’’ or ‘‘Act’’). The 

Dodd-Frank Act also includes options 

(other than an option on a futures 

contract) in its definition of swaps. 

Broadly speaking, the rules proposed 

herein would implement regulations 

whereby swaps in agricultural 

commodities and all commodity options 

(including options on both agricultural 

and non-agricultural commodities), 

other than options on futures, may 

transact subject to the same rules as all 

other swaps. The proposed rules for 

swaps in an agricultural commodity 

would repeal and replace the 

Commission’s regulations concerning 

the exemption of swap agreements. 

Because the Dodd-Frank Act defines 

commodity options (other than options 

on futures) as swaps, the proposed rules 

for options would substantially amend 

the Commission’s regulations regarding 

commodity option transactions. Also, 

current regulations on domestic 

exchange-traded commodity option 

transactions applies not only to 

exchange-traded options on futures 

(which are excluded from the DoddFrank definition of a swap), but also to 

exchange-traded options on physical 

commodities (which are within the 

Dodd-Frank swap definition). Therefore, 

the proposed rules would remove 

references to options on physical 

commodities from the Commission’s 

regulations for exchange-traded options 

on futures. 

DATES: Written comments must be 

received on or before April 4, 2011. 

ADDRESSES: You may submit comments, 

identified by RIN number 3038–AD21, 

by any of the following methods: 

• Agency Web site, via its Comments 

Online process: http:// 

comments.cftc.gov. Follow the 

instructions for submitting comments 

through the Web site. 

• Mail: David A. Stawick, Secretary of 

the Commission, Commodity Futures 

Trading Commission, Three Lafayette 

Centre, 1155 21st Street, NW., 

Washington, DC 20581. 

• Hand Delivery/Courier: Same as 

mail above. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Please submit your comments using 

only one method. 

All comments must be submitted in 

English, or if not, accompanied by an 

English translation. Comments will be 

posted as received to http:// 

www.cftc.gov. You should submit only 

information that you wish to make 

available publicly. If you wish the 

Commission to consider information 

that you believe is exempt from 

disclosure under the Freedom of 

Information Act, a petition for 

confidential treatment of the exempt 

information may be submitted according 

to the procedures established in § 145.9 

of the Commission’s Regulations.1

The Commission reserves the right, 

but shall have no obligation, to review, 

pre-screen, filter, redact, refuse or 

remove any or all of your submission 

from http://www.cftc.gov that it may 

deem to be inappropriate for 

publication, such as obscene language. 

All submissions that have been redacted 

or removed that contain comments on 

the merits of the rulemaking will be 

retained in the public comment file and 

will be considered as required under the 

Administrative Procedure Act and other 

applicable laws, and may be accessible 

under the Freedom of Information Act. 

FOR FURTHER INFORMATION CONTACT: 

Donald Heitman, Senior Special 

Counsel, (202) 418–5041, 

dheitman@cftc.gov, or Ryne Miller, 

Attorney Advisor, (202) 418–5921, 

rmiller@cftc.gov, Division of Market 

Oversight, Commodity Futures Trading 

Commission, Three Lafayette Centre, 

1155 21st Street, NW., Washington, DC 

20581. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

On July 21, 2010, President Obama 

signed the Dodd-Frank Wall Street 

Reform and Consumer Protection Act.2

Title VII of the Dodd-Frank Act 3

amended the CEA 4 to establish a 

comprehensive new regulatory 

framework for swaps and security-based 

swaps. The legislation was enacted to 

reduce risk, increase transparency, and 

promote market integrity within the 

financial system by, among other things: 

(1) Providing for the registration and 

comprehensive regulation of swap 

dealers and major swap participants; 

(2) imposing clearing and trade 

execution requirements on standardized 

derivative products; (3) creating robust 

recordkeeping and real-time reporting 

regimes; and (4) enhancing the 

Commission’s rulemaking and 

enforcement authorities with respect to, 

among others, all registered entities and 

intermediaries subject to the 

Commission’s oversight. 

Section 723(c)(3) of the Dodd-Frank 

Act provides that swaps in an 

agricultural commodity (as defined by 

the Commission) 5 are prohibited unless 

entered into pursuant to a rule, 

regulation or order of the Commission 

adopted pursuant to CEA section 4(c). 


jdjones on DSK8KYBLC1PROD with PROPOSALS-1