81_FR_18804 81 FR 18741 - Airworthiness Directives; The Boeing Company Airplanes

81 FR 18741 - Airworthiness Directives; The Boeing Company Airplanes

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 81, Issue 63 (April 1, 2016)

Page Range18741-18743
FR Document2016-07190

We are adopting a new airworthiness directive (AD) for all The Boeing Company Model 787-8 and 787-9 airplanes. This AD requires revising the airplane flight manual (AFM) to instruct the flightcrew to avoid abrupt flight control inputs in response to sudden drops in airspeed, and to reinforce the need to disconnect the autopilot before making any manual flight control inputs. This AD was prompted by reports indicating that in certain weather conditions with high moisture content or possible icing, erroneous low airspeed may be displayed to the flightcrew before detection and annunciation via engine-indicating and crew-alerting system (EICAS) messages. We are issuing this AD to ensure that the flightcrew avoids abrupt pilot control inputs in response to an unrealistic, sudden drop in displayed airspeed at high actual airspeed. Abrupt pilot control inputs in this condition could exceed the structural capability of the airplane.

Federal Register, Volume 81 Issue 63 (Friday, April 1, 2016)
[Federal Register Volume 81, Number 63 (Friday, April 1, 2016)]
[Rules and Regulations]
[Pages 18741-18743]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-07190]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
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Federal Register / Vol. 81, No. 63 / Friday, April 1, 2016 / Rules 
and Regulations

[[Page 18741]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-5038; Directorate Identifier 2016-NM-029-AD; 
Amendment 39-18455; AD 2016-07-10]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: We are adopting a new airworthiness directive (AD) for all The 
Boeing Company Model 787-8 and 787-9 airplanes. This AD requires 
revising the airplane flight manual (AFM) to instruct the flightcrew to 
avoid abrupt flight control inputs in response to sudden drops in 
airspeed, and to reinforce the need to disconnect the autopilot before 
making any manual flight control inputs. This AD was prompted by 
reports indicating that in certain weather conditions with high 
moisture content or possible icing, erroneous low airspeed may be 
displayed to the flightcrew before detection and annunciation via 
engine-indicating and crew-alerting system (EICAS) messages. We are 
issuing this AD to ensure that the flightcrew avoids abrupt pilot 
control inputs in response to an unrealistic, sudden drop in displayed 
airspeed at high actual airspeed. Abrupt pilot control inputs in this 
condition could exceed the structural capability of the airplane.

DATES: This AD is effective April 14, 2016.
    We must receive comments on this AD by May 16, 2016.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, 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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
5038; 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 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: Fnu Winarto, Aerospace Engineer, 
Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft 
Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-
3356; phone: 425-917-6659; fax: 425-917-6590; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    We have received three reports of in-service displayed airspeed 
anomalies on Model 787 airplanes. We continue to investigate this issue 
with Boeing; however, the anomalous behavior is consistent with 
significant water ingestion or simultaneous icing of two or three of 
the three pitot probes. During each of the reported events, the 
displayed airspeed rapidly dropped significantly below the actual 
airplane airspeed. In normal operations, the air data reference system 
supplies the same airspeed to both the captain and first officer 
primary flight displays. During one in-service event, with autopilot 
engaged, the pilot overrode the engaged autopilot in response to the 
displayed erroneous low airspeed and made significant nose-down manual 
control inputs. In this situation, there is the potential for large 
pilot control inputs at high actual airspeed, which could cause the 
airplane to exceed its structural capability.

FAA's Determination

    We are issuing 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.

AD Requirements

    This AD requires revising the AFM to add a ``Non-normal Procedure'' 
for ``Airspeed Drop'' that instructs the flightcrew to avoid abrupt 
flight control inputs, and reinforces the need to disconnect the 
autopilot prior to making any manual flight control inputs.

Interim Action

    We consider this AD interim action. The airplane manufacturer is 
currently developing modifications to the display and crew alerting 
system, flight control system, and air data system that will address 
the unsafe condition identified in this AD. Once these modifications 
are developed, approved, and available, we may consider additional 
rulemaking.

FAA's Justification and Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because 
large, abrupt pilot control inputs in response to an unrealistic, 
sudden drop in displayed airspeed at high actual airspeed could exceed 
the structural capability of the airplane. Therefore, we find that 
notice and opportunity for prior public comment are impracticable and 
that good cause exists for making this amendment effective in less than 
30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety and was not preceded by notice and an opportunity for public 
comment. However, we invite you to send any written data, views, or 
arguments about

[[Page 18742]]

this AD. Send your comments to an address listed under the ADDRESSES 
section. Include the docket number FAA-2016-5038 and Directorate 
Identifier 2016-NM-029-AD at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this 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 AD.

Costs of Compliance

    We estimate that this AD affects 43 airplanes of U.S. registry. We 
estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
AFM revision........................  1 work-hour x $85 per                $0              $85           $3,655
                                       hour = $85.
----------------------------------------------------------------------------------------------------------------

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

    This AD will not have federalism implications under Executive Order 
13132. This AD will 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 that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Is not a ``significant rule'' under 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.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

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


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2016-07-10 The Boeing Company: Amendment 39-18455; Docket No. FAA-
2016-5038; Directorate Identifier 2016-NM-029-AD.

(a) Effective Date

    This AD is effective April 14, 2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model 787-8 and 787-9 
airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight 
controls.

(e) Unsafe Condition

    This AD was prompted by reports indicating that in certain 
weather conditions with high moisture content or possible icing, 
erroneous low airspeed data may be displayed to the flightcrew 
before detection and annunciation via engine-indicating and crew-
alerting system (EICAS) messages. We are issuing this AD to ensure 
that the flightcrew avoids abrupt pilot control inputs in response 
to an unrealistic, sudden drop in displayed airspeed at high actual 
airspeed. Abrupt pilot control inputs could exceed the structural 
capability of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Airplane Flight Manual (AFM) Revision: Operating Procedures

    Within 15 days after the effective date of this AD, revise the 
applicable Boeing 787 AFM to add a ``Non-normal Procedure'' that 
includes the information in figure 1 to paragraph (g) of this AD. 
This may be done by inserting a copy of this AD into the AFM.

[[Page 18743]]

[GRAPHIC] [TIFF OMITTED] TR01AP16.000

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle 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 paragraph (i) of this AD. 
Information may be emailed to: [email protected].
    (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.

(i) Related Information

    For more information about this AD, contact Fnu Winarto, 
Aerospace Engineer, Systems and Equipment Branch, ANM-130S, FAA, 
Seattle ACO, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 
425-917-6659; fax: 425-917-6590; email: [email protected].

(j) Material Incorporated by Reference

    None.

    Issued in Renton, Washington, on March 25, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-07190 Filed 3-31-16; 8:45 am]
 BILLING CODE 4910-13-P



                                                                                                                                                                                            18741

                                           Rules and Regulations                                                                                         Federal Register
                                                                                                                                                         Vol. 81, No. 63

                                                                                                                                                         Friday, April 1, 2016



                                           This section of the FEDERAL REGISTER                    11.43 and 11.45, by any of the following              engaged, the pilot overrode the engaged
                                           contains regulatory documents having general            methods:                                              autopilot in response to the displayed
                                           applicability and legal effect, most of which             • Federal eRulemaking Portal: Go to                 erroneous low airspeed and made
                                           are keyed to and codified in the Code of                http://www.regulations.gov. Follow the                significant nose-down manual control
                                           Federal Regulations, which is published under           instructions for submitting comments.                 inputs. In this situation, there is the
                                           50 titles pursuant to 44 U.S.C. 1510.
                                                                                                     • Fax: 202–493–2251.                                potential for large pilot control inputs at
                                           The Code of Federal Regulations is sold by                • Mail: U.S. Department of                          high actual airspeed, which could cause
                                           the Superintendent of Documents. Prices of              Transportation, Docket Operations, M–                 the airplane to exceed its structural
                                           new books are listed in the first FEDERAL               30, West Building Ground Floor, Room                  capability.
                                           REGISTER issue of each week.                            W12–140, 1200 New Jersey Avenue SE.,
                                                                                                   Washington, DC 20590.                                 FAA’s Determination
                                                                                                     • Hand Delivery: U.S. Department of                   We are issuing this AD because we
                                           DEPARTMENT OF TRANSPORTATION                            Transportation, Docket Operations, M–                 evaluated all the relevant information
                                                                                                   30, West Building Ground Floor, Room                  and determined the unsafe condition
                                           Federal Aviation Administration                         W12–140, 1200 New Jersey Avenue SE.,                  described previously is likely to exist or
                                                                                                   Washington, DC 20590, between 9 a.m.                  develop in other products of the same
                                           14 CFR Part 39                                          and 5 p.m., Monday through Friday,                    type design.
                                           [Docket No. FAA–2016–5038; Directorate                  except Federal holidays.                              AD Requirements
                                           Identifier 2016–NM–029–AD; Amendment
                                                                                                   Examining the AD Docket                                  This AD requires revising the AFM to
                                           39–18455; AD 2016–07–10]
                                                                                                     You may examine the AD docket on                    add a ‘‘Non-normal Procedure’’ for
                                           RIN 2120–AA64                                                                                                 ‘‘Airspeed Drop’’ that instructs the
                                                                                                   the Internet at http://
                                                                                                   www.regulations.gov by searching for                  flightcrew to avoid abrupt flight control
                                           Airworthiness Directives; The Boeing
                                                                                                   and locating Docket No. FAA–2016–                     inputs, and reinforces the need to
                                           Company Airplanes
                                                                                                   5038; or in person at the Docket                      disconnect the autopilot prior to making
                                           AGENCY:  Federal Aviation                               Management Facility between 9 a.m.                    any manual flight control inputs.
                                           Administration (FAA), DOT.                              and 5 p.m., Monday through Friday,                    Interim Action
                                           ACTION: Final rule; request for                         except Federal holidays. The AD docket
                                                                                                   contains this AD, the regulatory                        We consider this AD interim action.
                                           comments.
                                                                                                   evaluation, any comments received, and                The airplane manufacturer is currently
                                           SUMMARY:   We are adopting a new                        other information. The street address for             developing modifications to the display
                                           airworthiness directive (AD) for all The                the Docket Office (phone: 800–647–                    and crew alerting system, flight control
                                           Boeing Company Model 787–8 and 787–                     5527) is in the ADDRESSES section.                    system, and air data system that will
                                           9 airplanes. This AD requires revising                  Comments will be available in the AD                  address the unsafe condition identified
                                           the airplane flight manual (AFM) to                     docket shortly after receipt.                         in this AD. Once these modifications are
                                           instruct the flightcrew to avoid abrupt                                                                       developed, approved, and available, we
                                                                                                   FOR FURTHER INFORMATION CONTACT: Fnu
                                           flight control inputs in response to                                                                          may consider additional rulemaking.
                                                                                                   Winarto, Aerospace Engineer, Systems
                                           sudden drops in airspeed, and to                        and Equipment Branch, ANM–130S,                       FAA’s Justification and Determination
                                           reinforce the need to disconnect the                    FAA, Seattle Aircraft Certification                   of the Effective Date
                                           autopilot before making any manual                      Office (ACO), 1601 Lind Avenue SW.,
                                           flight control inputs. This AD was                                                                               An unsafe condition exists that
                                                                                                   Renton, WA 98057–3356; phone: 425–                    requires the immediate adoption of this
                                           prompted by reports indicating that in                  917–6659; fax: 425–917–6590; email:
                                           certain weather conditions with high                                                                          AD. The FAA has found that the risk to
                                                                                                   fnu.winarto@faa.gov.                                  the flying public justifies waiving notice
                                           moisture content or possible icing,
                                                                                                   SUPPLEMENTARY INFORMATION:                            and comment prior to adoption of this
                                           erroneous low airspeed may be
                                           displayed to the flightcrew before                      Discussion                                            rule because large, abrupt pilot control
                                           detection and annunciation via engine-                                                                        inputs in response to an unrealistic,
                                                                                                     We have received three reports of in-               sudden drop in displayed airspeed at
                                           indicating and crew-alerting system                     service displayed airspeed anomalies on
                                           (EICAS) messages. We are issuing this                                                                         high actual airspeed could exceed the
                                                                                                   Model 787 airplanes. We continue to                   structural capability of the airplane.
                                           AD to ensure that the flightcrew avoids                 investigate this issue with Boeing;
                                           abrupt pilot control inputs in response                                                                       Therefore, we find that notice and
                                                                                                   however, the anomalous behavior is                    opportunity for prior public comment
                                           to an unrealistic, sudden drop in                       consistent with significant water
                                           displayed airspeed at high actual                                                                             are impracticable and that good cause
                                                                                                   ingestion or simultaneous icing of two                exists for making this amendment
                                           airspeed. Abrupt pilot control inputs in                or three of the three pitot probes. During
                                           this condition could exceed the                                                                               effective in less than 30 days.
                                                                                                   each of the reported events, the
                                           structural capability of the airplane.                  displayed airspeed rapidly dropped                    Comments Invited
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                                           DATES: This AD is effective April 14,                   significantly below the actual airplane                 This AD is a final rule that involves
                                           2016.                                                   airspeed. In normal operations, the air               requirements affecting flight safety and
                                              We must receive comments on this                     data reference system supplies the same               was not preceded by notice and an
                                           AD by May 16, 2016.                                     airspeed to both the captain and first                opportunity for public comment.
                                           ADDRESSES: You may send comments,                       officer primary flight displays. During               However, we invite you to send any
                                           using the procedures found in 14 CFR                    one in-service event, with autopilot                  written data, views, or arguments about


                                      VerDate Sep<11>2014   14:14 Mar 31, 2016   Jkt 238001   PO 00000   Frm 00001   Fmt 4700   Sfmt 4700   E:\FR\FM\01APR1.SGM   01APR1


                                           18742                       Federal Register / Vol. 81, No. 63 / Friday, April 1, 2016 / Rules and Regulations

                                           this AD. Send your comments to an                                   this AD. We will consider all comments                substantive verbal contact we receive
                                           address listed under the ADDRESSES                                  received by the closing date and may                  about this AD.
                                           section. Include the docket number                                  amend this AD because of those
                                           FAA–2016–5038 and Directorate                                       comments.                                             Costs of Compliance
                                           Identifier 2016–NM–029–AD at the                                      We will post all comments we                          We estimate that this AD affects 43
                                           beginning of your comments. We                                      receive, without change, to http://                   airplanes of U.S. registry. We estimate
                                           specifically invite comments on the                                 www.regulations.gov, including any                    the following costs to comply with this
                                           overall regulatory, economic,                                       personal information you provide. We
                                                                                                                                                                     AD:
                                           environmental, and energy aspects of                                will also post a report summarizing each

                                                                                                                            ESTIMATED COSTS
                                                                                                                                                                                          Cost per   Cost on U.S.
                                                                      Action                                                     Labor cost                          Parts cost           product     operators

                                           AFM revision ...................................................   1 work-hour × $85 per hour = $85 .................         $0                 $85         $3,655



                                           Authority for This Rulemaking                                         (1) Is not a ‘‘significant regulatory               (a) Effective Date
                                                                                                               action’’ under Executive Order 12866,                   This AD is effective April 14, 2016.
                                              Title 49 of the United States Code                                 (2) Is not a ‘‘significant rule’’ under
                                           specifies the FAA’s authority to issue                                                                                    (b) Affected ADs
                                                                                                               DOT Regulatory Policies and Procedures
                                           rules on aviation safety. Subtitle I,                               (44 FR 11034, February 26, 1979),                       None.
                                           section 106, describes the authority of                               (3) Will not affect intrastate aviation             (c) Applicability
                                           the FAA Administrator. ‘‘Subtitle VII:                              in Alaska, and
                                           Aviation Programs’’ describes in more                                                                                        This AD applies to all The Boeing
                                                                                                                 (4) Will not have a significant                     Company Model 787–8 and 787–9 airplanes,
                                           detail the scope of the Agency’s                                    economic impact, positive or negative,                certificated in any category.
                                           authority.                                                          on a substantial number of small entities
                                                                                                               under the criteria of the Regulatory                  (d) Subject
                                              We are issuing this rulemaking under
                                           the authority described in Subtitle VII,                            Flexibility Act.                                        Air Transport Association (ATA) of
                                           Part A, Subpart III, Section 44701:                                                                                       America Code 27, Flight controls.
                                                                                                               List of Subjects in 14 CFR Part 39
                                           ‘‘General requirements.’’ Under that                                                                                      (e) Unsafe Condition
                                           section, Congress charges the FAA with                                Air transportation, Aircraft, Aviation
                                                                                                                                                                        This AD was prompted by reports
                                           promoting safe flight of civil aircraft in                          safety, Incorporation by reference,                   indicating that in certain weather conditions
                                           air commerce by prescribing regulations                             Safety.                                               with high moisture content or possible icing,
                                           for practices, methods, and procedures                              Adoption of the Amendment                             erroneous low airspeed data may be
                                           the Administrator finds necessary for                                                                                     displayed to the flightcrew before detection
                                           safety in air commerce. This regulation                               Accordingly, under the authority                    and annunciation via engine-indicating and
                                           is within the scope of that authority                               delegated to me by the Administrator,                 crew-alerting system (EICAS) messages. We
                                           because it addresses an unsafe condition                            the FAA amends 14 CFR part 39 as                      are issuing this AD to ensure that the
                                                                                                               follows:                                              flightcrew avoids abrupt pilot control inputs
                                           that is likely to exist or develop on                                                                                     in response to an unrealistic, sudden drop in
                                           products identified in this rulemaking                              PART 39—AIRWORTHINESS                                 displayed airspeed at high actual airspeed.
                                           action.                                                             DIRECTIVES                                            Abrupt pilot control inputs could exceed the
                                                                                                                                                                     structural capability of the airplane.
                                           Regulatory Findings
                                                                                                               ■ 1. The authority citation for part 39               (f) Compliance
                                             This AD will not have federalism                                  continues to read as follows:
                                                                                                                                                                        Comply with this AD within the
                                           implications under Executive Order                                      Authority: 49 U.S.C. 106(g), 40113, 44701.        compliance times specified, unless already
                                           13132. This AD will not have a                                                                                            done.
                                           substantial direct effect on the States, on                         § 39.13   [Amended]
                                           the relationship between the national                                                                                     (g) Airplane Flight Manual (AFM) Revision:
                                                                                                               ■ 2. The FAA amends § 39.13 by adding                 Operating Procedures
                                           government and the States, or on the                                the following new airworthiness
                                           distribution of power and                                                                                                    Within 15 days after the effective date of
                                                                                                               directive (AD):                                       this AD, revise the applicable Boeing 787
                                           responsibilities among the various
                                                                                                               2016–07–10 The Boeing Company:                        AFM to add a ‘‘Non-normal Procedure’’ that
                                           levels of government.
                                                                                                                   Amendment 39–18455; Docket No.                    includes the information in figure 1 to
                                             For the reasons discussed above, I                                    FAA–2016–5038; Directorate Identifier             paragraph (g) of this AD. This may be done
                                           certify that this AD:                                                   2016–NM–029–AD.                                   by inserting a copy of this AD into the AFM.
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                                                                 Federal Register / Vol. 81, No. 63 / Friday, April 1, 2016 / Rules and Regulations                                                            18743




                                           (h) Alternative Methods of Compliance                   ‘‘CFTC’’) is amending existing                            registrants,5 or who are responsible for
                                           (AMOCs)                                                 Commission regulations to establish an                    entry of orders from an FB’s or FT’s own
                                              (1) The Manager, Seattle Aircraft                    alternative to fingerprinting to evaluate                 account, submit their fingerprints (the
                                           Certification Office (ACO), FAA, has the                the fitness of natural persons who are                    ‘‘Fingerprinting Requirement’’).6 The
                                           authority to approve AMOCs for this AD, if              required to submit fingerprints under                     Proposal contemplated adding a new
                                           requested using the procedures found in 14              the Commission’s regulations and who                      paragraph (e) to the existing list of
                                           CFR 39.19. In accordance with 14 CFR 39.19,
                                           send your request to your principal inspector
                                                                                                   have not resided in the United States                     exemptions from the Fingerprinting
                                           or local Flight Standards District Office, as           since reaching 18 years of age (‘‘Final                   Requirement in § 3.21 7 to, among other
                                           appropriate. If sending information directly            Rule’’).                                                  things, codify and clarify the alternative
                                           to the manager of the ACO, send it to the               DATES: The Final Rule is effective on                     to the Fingerprinting Requirement
                                           attention of the person identified in                   May 2, 2016.                                              provided by CFTC Staff Letter No. 12–
                                           paragraph (i) of this AD. Information may be                                                                      49 8 and CFTC Staff Letter No. 13–29 9
                                           emailed to: 9-ANM-Seattle-ACO-AMOC-                     FOR FURTHER INFORMATION CONTACT:
                                                                                                   Katherine Driscoll, Associate Chief                       (‘‘DSIO No-Action Letters’’). In
                                           Requests@faa.gov.
                                              (2) Before using any approved AMOC,                  Counsel, 202–418–5544, kdriscoll@                         particular, the Commission proposed
                                           notify your appropriate principal inspector,            cftc.gov; Jacob Chachkin, Special                            5 Subject to certain exceptions and exclusions,
                                           or lacking a principal inspector, the manager           Counsel, 202–418–5496, jchachkin@                         persons engaging in specified activities involving
                                           of the local flight standards district office/          cftc.gov; or Adam Kezsbom, Special                        commodity interests are required pursuant to the
                                           certificate holding district office.                    Counsel, 202–418–5372, akezsbom@                          CEA and/or Commission regulations to register with
                                           (i) Related Information                                 cftc.gov, Division of Swap Dealer and                     the Commission in certain registration categories.
                                                                                                                                                             These include registration as an FCM, RFED, IB,
                                              For more information about this AD,                  Intermediary Oversight, Commodity                         CPO, CTA, SD, MSP, LTM, floor broker (‘‘FB’’), and
                                           contact Fnu Winarto, Aerospace Engineer,                Futures Trading Commission, Three                         floor trader (‘‘FT’’). For the definitions of FB and
                                           Systems and Equipment Branch, ANM–130S,                 Lafayette Centre, 1155 21st Street NW.,                   FT, see Section 1a of the CEA and Commission
                                           FAA, Seattle ACO, 1601 Lind Avenue SW.,                 Washington, DC 20581.                                     regulation 1.3. 7 U.S.C. 1a and 17 CFR 1.3.
                                           Renton, WA 98057–3356; phone: 425–917–                  SUPPLEMENTARY INFORMATION:
                                                                                                                                                                6 Currently, the Commission may, directly or

                                           6659; fax: 425–917–6590; email:                                                                                   indirectly, require fingerprinting pursuant to
                                           fnu.winarto@faa.gov.                                    I. Proposal                                               Commission regulations 3.10(a)(2); 3.11(a)(1);
                                                                                                                                                             3.12(c)(3), d(2), f(3), or (i)(3); 3.40(a)(1), (a)(2), or (b);
                                           (j) Material Incorporated by Reference                     On January 12, 2016, the Commission                    3.44(a)(5) or (c); or 3.46(a)(3). 17 CFR 3.10(a)(2);
                                                                                                   published a Notice of Proposed                            3.11(a)(1); 3.12(c)(3), d(2), f(3), and (i)(3); 3.40(a)(1),
                                              None.
                                                                                                                                                             (a)(2), and (b); 3.44(a)(5) and (c); and 3.46(a)(3).
                                                                                                   Rulemaking (‘‘Proposal’’) 1 to amend the
                                             Issued in Renton, Washington, on March                                                                             In support of its initial promulgation of the
                                           25, 2016.
                                                                                                   requirement that, pursuant to the                         fingerprinting requirements, the Commission stated
                                                                                                   registration process for determining a                    that these requirements ‘‘are necessary to permit
                                           Michael Kaszycki,
                                                                                                   registrant’s fitness in part 3 of the                     improvements in the Commission’s background
                                           Acting Manager, Transport Airplane                      Commission’s regulations, natural                         checking of applicants for registration, to permit
                                           Directorate, Aircraft Certification Service.                                                                      positive identification of certain individuals with
                                                                                                   persons 2 that wish to be principals 3 or                 common names, to reduce the number of
                                           [FR Doc. 2016–07190 Filed 3–31–16; 8:45 am]             associated persons 4 of Commission                        applications filed by individuals who are unfit for
                                           BILLING CODE 4910–13–P                                                                                            registration, and to facilitate fitness reviews of
                                                                                                      1 Alternative to Fingerprinting Requirement for        registrants on a spot and periodic basis.’’ See
                                                                                                   Foreign Natural Persons, 81 FR 1359 (Jan. 12, 2016).      Revision of Registration Regulations; Final Rules;
                                                                                                      2 As used herein, the terms ‘‘natural person’’ and     Designation of New Part, 45 FR 80485, 80485 (Dec.
                                           COMMODITY FUTURES TRADING                                                                                         5, 1980).
                                                                                                   ‘‘individual’’ have the same meaning.
                                           COMMISSION                                                 3 See the definition of principal in Commission           7 Commission regulation 3.21 provides

                                                                                                   regulation 3.1(a). 17 CFR 3.1(a).                         exemptions to the Fingerprinting Requirement,
                                           17 CFR Part 3                                              4 An ‘‘associated person’’ is any natural person       subject to certain conditions, for persons whose
                                                                                                   who is associated in certain capacities with a            fingerprints have recently been identified and
                                           RIN 3038–AE16                                                                                                     processed by the Federal Bureau of Investigation,
                                                                                                   futures commission merchant (‘‘FCM’’), retail
                                                                                                   foreign exchange dealer (‘‘RFED’’), introducing           for persons whose application for initial registration
                                           Alternative to Fingerprinting                           broker (‘‘IB’’), commodity pool operator (‘‘CPO’’),       with the Commission in any capacity was recently
                                           Requirement for Foreign Natural                         commodity trading advisor (‘‘CTA’’), swap dealer          granted, for persons that have a current Form 8–R
                                           Persons                                                 (‘‘SD’’), major swap participant (‘‘MSP’’), or            on file with the Commission or National Futures
Lhorne on DSK5TPTVN1PROD with RULES




                                                                                                   leverage transaction merchant (‘‘LTM’’). 17 CFR           Association (‘‘NFA’’), and for principals that are
                                           AGENCY:  Commodity Futures Trading                      1.3(aa).                                                  outside directors. 17 CFR 3.21.
                                                                                                                                                                8 CFTC Staff Letter No. 12–49 (Dec. 11, 2012),
                                           Commission.                                                For the definitions of these registration categories
                                                                                                   (other than RFED), see Section 1a of the Commodity        available at http://www.cftc.gov/ucm/groups/
                                           ACTION: Final rule.                                     Exchange Act (‘‘CEA’’ or ‘‘Act’’) and Commission          public/@lrlettergeneral/documents/letter/12-49.pdf.
                                                                                                   regulation 1.3. 7 U.S.C. 1a and 17 CFR 1.3. For the          9 CFTC Staff Letter No. 13–29 (Jun. 21, 2013),
                                           SUMMARY: The Commodity Futures                          definition of RFED, see Commission regulation             available at http://www.cftc.gov/ucm/groups/
                                                                                                                                                                                                                              ER01AP16.000</GPH>




                                           Trading Commission (‘‘Commission’’ or                   5.1(h). 17 CFR 5.1(h).                                    public/@lrlettergeneral/documents/letter/13-29.pdf.



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Document Created: 2016-04-06 00:08:34
Document Modified: 2016-04-06 00:08:34
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; request for comments.
DatesThis AD is effective April 14, 2016.
ContactFnu Winarto, Aerospace Engineer, Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057- 3356; phone: 425-917-6659; fax: 425-917-6590; email: [email protected]
FR Citation81 FR 18741 
RIN Number2120-AA64
CFR AssociatedAir Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety

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