27958 Federal Register / Vol. 76, No. 93 / Friday, May 13, 2011 / Proposed Rules 

Issued in Fort Worth, Texas on April 28, 

2011. 

Scott A. Horn, 

Acting Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. 2011–11882 Filed 5–12–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0449; Directorate 

Identifier 2010–SW–021–AD] 

RIN 2120–AA64 

Airworthiness Directives; Bell 

Helicopter Textron Canada (Bell) Model 

206A, 206B, and 206B3 Helicopters 

AGENCY: Federal Aviation 

Administration (FAA) DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

specified Bell model helicopters. This 

proposed AD would require revising the 

Operating Limitations, Section 1, of the 

Rotorcraft Flight Manual (RFM) to add 

an operating limitation when a litter kit 

is installed. This proposed AD is 

prompted by the need for corresponding 

operating limitations prohibiting flight, 

including hover, with the litter doorpost 

removed when certain litter kits are 

installed. The actions specified by this 

proposed AD are intended to add an 

operating limitation when a litter kit is 

installed to prohibit flight with the 

doorpost removed to prevent loss of 

structural integrity of the fuselage. 

DATES: Comments must be received on 

or before July 12, 2011. 

ADDRESSES: Use one of the following 

addresses to submit comments on this 

proposed AD: 

• 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. 

You may get the service information 

identified in this proposed AD from Bell 

Helicopter Textron Canada Limited, 

12,800 Rue de l’Avenir, Mirabel, Quebec 

J7J1R4, telephone (450) 437–2862 or 

(800) 363–8023, fax (450) 433–0272, or 

at http://www.bellcustomer.com/files/. 

You may examine the comments to 

this proposed AD in the AD docket on 

the Internet at http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Mark Wiley, Aviation Safety Engineer, 

FAA, Rotorcraft Directorate, Regulations 

and Guidance Group, 2601 Meacham 

Blvd., Fort Worth, Texas 76137, 

telephone (817) 222–5134, fax (817) 

222–5961. 

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 caption 

ADDRESSES. Include the Docket No. 

‘‘FAA–2011–0449, Directorate Identifier 

2010–SW–021–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 with FAA 

personnel concerning this proposed 

rulemaking. Using the search function 

of the docket Web site, you can find and 

read the comments to any of our 

dockets, including the name of the 

individual who sent or signed the 

comment. You may review the DOT’s 

complete Privacy Act Statement in the 

Federal Register published on April 11, 

2000 (65 FR 19477–78). 

Examining the Docket 

You may examine the docket that 

contains the proposed AD, any 

comments, and other information in 

person at the Docket Operations office 

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

through Friday, except Federal holidays. 

The Docket Operations office (telephone 

(800) 647–5527) is located in Room 

W12–140 on the ground floor of the 

West Building at the street address 

stated in the ADDRESSES section. 

Comments will be available in the AD 

docket shortly after receipt. 

Discussion 

Bell reissued RFM Supplement 

(RFMS) BHT–206A–FMS–8 for the 

Model 206A, BHT–206B–FMS–8 for the 

Model 206B, and BHT–206B3–FMS–2 

for the Model 206B3 helicopters, all 

dated December 30, 2009, approved by 

Transport Canada and the FAA. The 

revisions to the RFMS were reformatted 

to match the RFM and to add a ‘‘Type 

of Operation’’ paragraph to Section 1 of 

the ‘‘Operating Limitations,’’ which 

states: ‘‘Flight, including hover, with 

litter doorpost removed is not approved. 

Litter doorpost may be removed and reinstalled with rotor turning at flat 

pitch.’’ 

FAA’s Evaluation and Unsafe Condition 

Determination 

These helicopters have been approved 

by the aviation authority of Canada and 

are approved for operation in the United 

States. We are proposing this AD 

because we evaluated all information 

provided by Transport Canada and 

determined the unsafe condition exists 

and is likely to exist or develop on other 

helicopters of these same type designs. 

This proposed AD would require 

revising the RFM by inserting into the 

Operating Limitations, Section 1, of the 

RFM the following statement: ‘‘Flight, 

including hover, with litter doorpost 

removed is prohibited.’’ This revision 

may be made by pen and ink changes, 

inserting a copy of this AD into the 

RFM, or inserting a copy of the RFMS 

dealing with Litter Kits into the RFM as 

follows: For Model 206A helicopters— 

inserting RFMS BHT–206A–FMS–8, 

dated December 30, 2009, into RFM 

BHT–206A–FM–1, dated July 2, 2009; 

for Model 206B helicopters—inserting 

RFMS BHT–206B–FMS–8, dated 

December 30, 2009, into RFM BHT– 

206B–FM–1, dated July 2, 2009; and for 

Model 206B3 helicopters—inserting 

RFMS BHT–206B3–FMS–2, dated 

December 30, 2009, into RFM BHT– 

206B3–FM–1, dated March 24, 2010. 

This limitation is required to prevent 

loss of structural integrity of the 

helicopter fuselage. 

Costs of Compliance 

We estimate this proposed AD would 

affect 1,463 helicopters of U.S. registry. 

The cost to revise the operating 

limitations section of the RFM for each 

helicopter would be negligible, and 

there are no required parts. 

Regulatory Findings 

We have determined that this 

proposed AD would not have federalism 

implications under Executive Order 

13132. Additionally, 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 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS

Federal Register / Vol. 76, No. 93 / Friday, May 13, 2011 / Proposed Rules 27959 

power and responsibilities among the 

various levels of government. 

For the reasons discussed above, I 

certify that the 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 an economic evaluation 

of the estimated costs to comply with 

this proposed AD. See the AD docket to 

examine the economic evaluation. 

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. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, 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. Section 39.13 is amended by 

adding a new airworthiness directive 

(AD) to read as follows: 

Bell Helicopter Textron Canada: Docket No. 

FAA–2011–0449; Directorate Identifier 

2010–SW–021–AD. 

Applicability: Model 206A, 206B, and 

206B3 helicopters, with Litter Kit, part 

number 206–706–122 or 206–706–324, 

installed, certificated in any category. 

Compliance: Within 6 months, unless 

accomplished previously. 

To add an operating limitation when a 

litter kit is installed to prohibit flight, 

including hover, with the litter doorpost 

removed to prevent loss of structural 

integrity of the fuselage, do the following: 

(a) Revise the Rotorcraft Flight Manual 

(RFM) by inserting into the Operating 

Limitations, Section 1, of the RFM the 

following statement: ‘‘Flight, including hover, 

with the litter doorpost removed is 

prohibited.’’ This revision may be made by 

pen and ink changes, inserting a copy of this 

AD into the RFM, or inserting a copy of the 

RFM Supplement (RFMS) dealing with Litter 

Kits as follows: For Model 206A 

helicopters—inserting RFMS BHT–206A– 

FMS–8, dated December 30, 2009, into RFM 

BHT–206A–FM–1, dated July 2, 2009; for 

Model 206B helicopters—inserting RFMS 

BHT–206B–FMS–8, dated December 30, 

2009, into RFM BHT–206B–FM–1, dated July 

2, 2009; and for Model 206B3 helicopters— 

inserting RFMS BHT–206B3–FMS–2, dated 

December 30, 2009, into RFM BHT–206B3– 

FM–1, dated March 24, 2010. 

(b) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. Contact the Manager, Safety 

Management Group, ATTN: Mark Wiley, 

Aviation Safety Engineer, FAA, Rotorcraft 

Directorate, Regulations and Guidance 

Group, 2601 Meacham Blvd., Fort Worth, 

Texas 76137, telephone (817) 222–5134, fax 

(817) 222–5961, for information about 

previously approved alternative methods of 

compliance. 

(c) The Joint Aircraft System/Component 

(JASC) Code is 5300: Fuselage structure 

(general). 

Issued in Fort Worth, Texas, on January 31, 

2011. 

Kim Smith, 

Manager, Rotorcraft Directorate, Aircraft 

Certification Service. 

[FR Doc. 2011–11753 Filed 5–12–11; 8:45 am] 

BILLING CODE 4910–13–P 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Part 275 

[Release No. IA–3198; File No. S7–17–11] 

RIN 3235–AK71 

Investment Adviser Performance 

Compensation 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Proposed rule; notice of intent 

to issue order. 

SUMMARY: The Securities and Exchange 

Commission (‘‘Commission’’ or ‘‘SEC’’) 

intends to issue an order that would 

adjust two dollar amount tests in the 

rule under the Investment Advisers Act 

of 1940 that permits investment advisers 

to charge performance based 

compensation to ‘‘qualified clients.’’ The 

adjustments would revise the dollar 

amount tests to account for the effects 

of inflation. The Commission is also 

proposing to amend the rule to: provide 

that the Commission will issue an order 

every five years adjusting for inflation 

the dollar amount tests; exclude the 

value of a person’s primary residence 

from the test of whether a person has 

sufficient net worth to be considered a 

‘‘qualified client;’’ and add certain 

transition provisions to the rule. 

DATES: Comments on the proposed rule 

should be received on or before July 11, 

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 

Number S7–17–11 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 

Number S7–17–11. 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. 

Hearing Request: An order adjusting 

the dollar amount tests specified in the 

definition of ‘‘qualified client’’ will be 

issued unless the Commission orders a 

hearing. Interested persons may request 

a hearing by writing to the 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS