7198 Federal Register / Vol. 81, No. 28 / Thursday, February 11, 2016 / Rules and Regulations 

(Approved by the Office of Management and 

Budget under control numbers 0579–0266, 

0579–0431, and 0579–0439) 

Done in Washington, DC, this 5th day of 

February 2015. 

Kevin Shea, 

Administrator, Animal and Plant Health 

Inspection Service. 

[FR Doc. 2016–02822 Filed 2–10–16; 8:45 am] 

BILLING CODE 3410–34–P 

NATIONAL CREDIT UNION 

ADMINISTRATION 

12 CFR Part 702 

RIN 3133–AE44 

Capital Planning and Stress Testing— 

Schedule Shift 

AGENCY: National Credit Union 

Administration (NCUA). 

ACTION: Final rule; correcting 

amendment. 

SUMMARY: The NCUA Board (Board) 

published a final rule in the Federal 

Register on August 11, 2015, regarding 

the capital planning and stress testing 

provisions in NCUA’s regulations. This 

amendment corrects the regulations by 

reinstating a provision that was 

inadvertently removed by the August 

2015 final rule. 

DATES: This correcting amendment is 

effective February 11, 2016. 

FOR FURTHER INFORMATION CONTACT: 

Marvin Shaw, Staff Attorney, Office of 

General Counsel, 1775 Duke Street, 

Alexandria VA 22314 or telephone (703) 

518–6553. 

SUPPLEMENTARY INFORMATION: NCUA is 

correcting a technical error in the final 

rule NCUA published in the Federal 

Register on August 11, 2015 (80 FR 

48012). This amendment corrects 

§ 702.504(a) of NCUA’s regulations by 

reinstating § 702.504(a)(2) which was 

inadvertently removed by the August 

2015 final rule. 

List of Subjects in 12 CFR Part 702 

Capital, Credit unions, Reporting and 

recordkeeping requirements. 

By the National Credit Union 

Administration Board on February 5, 2016. 

Gerard Poliquin, 

Secretary of the Board. 

For the reasons discussed above, the 

National Credit Union Administration 

amends part 702 as follows: 

PART 702—CAPITAL ADEQUACY 

■ 1. The authority citation for part 702 

continues to read as follows: 

Authority: 12 U.S.C. 1766(a), 1790d. 

■ 2. In § 702.504, revise paragraph (a) to 

read as follows: 

§ 702.504 Capital planning. 

(a) Annual capital planning. (1) A 

covered credit union must develop and 

maintain a capital plan. It must submit 

this plan and its capital policy to NCUA 

by May 31 each year, or such later date 

as directed by NCUA. The plan must be 

based on the credit union’s financial 

data as of December 31 of the preceding 

calendar year, or such other date as 

directed by NCUA. NCUA will assess 

whether the capital planning and 

analysis process is sufficiently robust in 

determining whether to accept a credit 

union’s capital plan. 

(2) A covered credit union’s board of 

directors (or a designated committee of 

the board) must at least annually, and 

prior to the submission of the capital 

plan under paragraph (a)(1) of this 

section: 

(i) Review the credit union’s process 

for assessing capital adequacy; 

(ii) Ensure that any deficiencies in the 

credit union’s process for assessing 

capital adequacy are appropriately 

remedied; and 

(iii) Approve the credit union’s 

capital plan. 

* * * * * 

[FR Doc. 2016–02740 Filed 2–10–16; 8:45 am] 

BILLING CODE 7535–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. FAA–2015–5877; Special 

Conditions No. 25–610–SC] 

Special Conditions: The Boeing 

Company, Model 737–8 Airplanes; 

Design Roll-Maneuver Requirements 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions; request 

for comments. 

SUMMARY: These special conditions are 

issued for Boeing Model 737–8 

airplanes. These airplanes will have a 

novel or unusual design feature 

associated with an electronic flightcontrol system that provides roll control 

of the airplane through pilot inputs to 

the flight computers. The applicable 

airworthiness regulations do not contain 

adequate or appropriate safety standards 

for this design feature. These special 

conditions contain the additional safety 

standards that the Administrator 

considers necessary to establish a level 

of safety equivalent to that established 

by the existing airworthiness standards. 

DATES: This action is effective on the 

Boeing Company on February 11, 2016. 

We must receive your comments by 

March 28, 2016. 

ADDRESSES: Send comments identified 

by docket no. FAA–2015–5877 using 

any of the following methods: 

• Federal eRegulations Portal: Go to 

http://www.regulations.gov/ and follow 

the online instructions for sending your 

comments electronically. 

• Mail: Send comments to Docket 

Operations, M–30, U.S. Department of 

Transportation (DOT), 1200 New Jersey 

Avenue SE., Room W12–140, West 

Building Ground Floor, Washington, 

DC, 20590–0001. 

• Hand Delivery or Courier: Take 

comments to Docket Operations in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue SE., Washington, DC, between 9 

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

Friday, except Federal holidays. 

• Fax: Fax comments to Docket 

Operations at 202–493–2251. 

Privacy: The FAA will post all 

comments it receives, without change, 

to http://www.regulations.gov/, 

including any personal information the 

commenter provides. Using the search 

function of the docket Web site, anyone 

can find and read the electronic form of 

all comments received into any FAA 

docket, including the name of the 

individual sending the comment (or 

signing the comment for an association, 

business, labor union, etc.). DOT’s 

complete Privacy Act Statement can be 

found in the Federal Register published 

on April 11, 2000 (65 FR 19477–19478), 

as well as at http://DocketsInfo.dot 

.gov/. 

Docket: Background documents or 

comments received may be read at 

http://www.regulations.gov/ at any time. 

Follow the online instructions for 

accessing the docket, or go to Docket 

Operations in Room W12–140 of the 

West Building Ground Floor at 1200 

New Jersey Avenue SE., Washington, 

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

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Mark Freisthler, FAA, Airframe and 

Cabin Safety Branch, Transport 

Airplane Directorate, Aircraft 

Certification Service, 1601 Lind Avenue 

SW., Renton, Washington, 98057–3356; 

telephone 425–227–1119; facsimile 

425–227–1232. 

SUPPLEMENTARY INFORMATION: The FAA 

has determined that notice of, and 

opportunity for prior public comment 

on, these special conditions is 

impracticable because these procedures 


jstallworth on DSK7TPTVN1PROD with RULES
Federal Register / Vol. 81, No. 28 / Thursday, February 11, 2016 / Rules and Regulations 7199 

would significantly delay issuance of 

the design approval and thus delivery of 

the affected airplane. 

In addition, the substance of these 

special conditions has been subject to 

the public comment process in several 

prior instances with no substantive 

comments received. The FAA therefore 

finds that good cause exists for making 

these special conditions effective upon 

publication in the Federal Register. 

Comments Invited 

We invite interested people to take 

part in this rulemaking by sending 

written comments, data, or views. The 

most helpful comments reference a 

specific portion of the special 

conditions, explain the reason for any 

recommended change, and include 

supporting data. 

We will consider all comments we 

receive by the closing date for 

comments. We may change these special 

conditions based on the comments we 

receive. 

Background 

On January 27, 2012, The Boeing 

Company applied for an amendment to 

Type Certificate No. A16WE to include 

a new Model 737–8 airplane. The Model 

737–8 airplane is a narrow-body, 

transport-category airplane that is a 

derivative of the Model 737–800 

airplane with two CFM LEAP–1B wingmounted engines. 

The Model 737–8 airplane will 

include electronic flight controls that 

affect maneuvering. 

The current design roll-maneuver 

requirements in Title 14, Code of 

Federal Regulations (14 CFR) part 25 are 

inadequate for addressing an airplane 

with electronic flight controls that affect 

maneuvering. These special conditions 

adjust the current roll-maneuver 

requirement, § 25.349, to take into 

account the effects of an electronic 

flight-control system. 

Type Certification Basis 

Under the provisions of § 21.101, The 

Boeing Company must show that the 

Model 737–8 series airplanes meet the 

applicable provisions of the regulations 

listed in type certificate no. A16WE, or 

the applicable regulations in effect on 

the date of application for the change 

except for earlier amendments as agreed 

upon by the FAA. 

The regulations listed in the type 

certificate are commonly referred to as 

the ‘‘original type-certification basis.’’ 

The regulations listed in type certificate 

no. A16WE are as follows: 

14 CFR part 25, effective February 1, 

1965, including Amendments 25–1 

through 25–134. In addition, the 

certification basis includes certain 

special conditions, exemptions, or later 

amended sections of the applicable part 

that are not relevant to these special 

conditions. 

If the Administrator finds that the 

applicable airworthiness regulations 

(i.e., 14 CFR part 25) do not contain 

adequate or appropriate safety standards 

for the Model 737–8 series airplanes 

because of a novel or unusual design 

feature, special conditions are 

prescribed under the provisions of 

§ 21.16. 

Special conditions are initially 

applicable to the model for which they 

are issued. Should the type certificate 

for that model be amended later to 

include any other model that 

incorporates the same novel or unusual 

design feature, or should any other 

model already included on the same 

type certificate be modified to 

incorporate the same novel or unusual 

design feature, these special conditions 

would also apply to the other model 

under § 21.101. 

In addition to the applicable 

airworthiness regulations and special 

conditions, the Model 737–8 series 

airplanes must comply with the fuelvent and exhaust-emission requirements 

of 14 CFR part 34, and the noisecertification requirements of 14 CFR 

part 36. 

The FAA issues special conditions, as 

defined in 14 CFR 11.19, in accordance 

with § 11.38, and they become part of 

the type-certification basis under 

§ 21.101. 

Novel or Unusual Design Features 

The Model 737–8 series airplanes will 

incorporate the following novel or 

unusual design features: 

The airplanes are equipped with an 

electronic flight-control system that provides 

control through pilot inputs to the flight 

computer. Current part 25 airworthiness 

regulations account for control laws for 

which aileron deflection is proportional to 

control-stick deflection. They do not address 

nonlinearities or other effects on aileron 

actuation that electronic flight controls may 

cause. Because this type of system may affect 

flight loads, and therefore the structural 

capability of the airplanes, special conditions 

are needed to address these effects. 

Discussion 

These special conditions differ from 

current requirements in that they 

require that the roll maneuver is based 

on defined actuation of the cockpit roll 

control as opposed to defined 

deflections of the aileron itself. Also, the 

special conditions require an additional 

load condition at VA, in which the 

cockpit roll control is returned to 

neutral following the initial roll input. 

These special conditions differ from 

similar special conditions applied on 

previous programs. These special 

conditions are limited to the roll axis 

only, whereas previous special 

conditions also included the pitch and 

yaw axes. Special conditions are no 

longer needed for the pitch or yaw axes, 

because Amendment 25–91 takes into 

account the effects of an electronic 

flight-control system in those axes 

(§ 25.331 for pitch and § 25.351 for 

yaw). On the Model 737–8 series 

airplanes, only the flight spoilers are flyby-wire. 

These special conditions contain the 

additional safety standards that the 

Administrator considers necessary to 

establish a level of safety equivalent to 

that established by the existing 

airworthiness standards. 

Applicability 

As discussed above, these special 

conditions are applicable to the Boeing 

Model 737–8 series airplanes. Should 

Boeing apply at a later date for a change 

to the type certificate to include another 

model incorporating the same novel or 

unusual design feature, these special 

conditions would apply to that model as 

well. 

Conclusion 

This action affects only certain novel 

or unusual design features on Boeing 

Model 737–8 series airplanes. It is not 

a rule of general applicability. 

The substance of these special 

conditions has been subjected to the 

notice and comment period in several 

prior instances and has been derived 

without substantive change from those 

previously issued. It is unlikely that 

prior public comment would result in a 

significant change from the substance 

contained herein. Therefore, because a 

delay would significantly affect the 

certification of the airplane, the FAA 

has determined that prior public notice 

and comment are unnecessary and 

impracticable, and good cause exists for 

adopting these special conditions upon 

publication in the Federal Register. The 

FAA is requesting comments to allow 

interested persons to submit views that 

may not have been submitted in 

response to the prior opportunities for 

comment described above. 

List of Subjects in 14 CFR Part 25 

Aircraft, Aviation safety, Reporting 

and recordkeeping requirements. 

The authority citation for these 

special conditions is as follows: 

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

44702, 44704. 


jstallworth on DSK7TPTVN1PROD with RULES
7200 Federal Register / Vol. 81, No. 28 / Thursday, February 11, 2016 / Rules and Regulations 

The Special Conditions 

■ Accordingly, pursuant to the authority 

delegated to me by the Administrator, 

the following special conditions are 

issued as part of the type certification 

basis for the Boeing Model 737–8 series 

airplanes. 

Design Roll Maneuver Condition 

In lieu of compliance to § 25.349(a): 

The following conditions, speeds, and 

cockpit roll-control motions (except as the 

motions may be limited by pilot effort) must 

be considered in combination with an 

airplane load factor of zero and of two-thirds 

of the positive maneuvering factor used in 

design. In determining the resulting controlsurface deflections, the torsional flexibility of 

the wing must be considered in accordance 

with § 25.301(b): 

1. The applicant must investigate 

conditions corresponding to steady rolling 

velocities. In addition, conditions 

corresponding to maximum angular 

acceleration must be investigated for 

airplanes with engines or other weight 

concentrations outboard of the fuselage. For 

the angular acceleration conditions, zero 

rolling velocity may be assumed in the 

absence of a rational time-history 

investigation of the maneuver. 

2. At VA, sudden movement of the cockpit 

roll control up to the limit is assumed. The 

position of the cockpit roll control must be 

maintained until a steady roll rate is 

achieved and then must be returned 

suddenly to the neutral position. 

3. At VC, the cockpit roll control must be 

moved suddenly and maintained so as to 

achieve a roll rate not less than that obtained 

in Special Condition 2, above. 

4. At VD, the cockpit roll control must be 

moved suddenly and maintained so as to 

achieve a roll rate not less than one third of 

that obtained in Special Condition 2, above. 

Issued in Renton, Washington, on January 

20, 2016. 

Michael Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2016–02762 Filed 2–10–16; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2015–3967; Airspace 

Docket No. 15–ASW–12] 

Establishment of Class E Airspace; 

Clinton AR 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action establishes Class 

E airspace extending upward from 700 

feet above the surface at Clinton 

Municipal Airport, Clinton, AR, to 

accommodate new Standard Instrument 

Approach Procedures (SIAPs) for the 

safety and management of Instrument 

Flight Rules (IFR) operations at the 

airport. This action also corrects the 

state identifier in the legal airspace 

description. 

DATES: Effective 0901 UTC, May 26, 

2016. The Director of the Federal 

Register approves this incorporation by 

reference action under Title 1, Code of 

Federal Regulations, part 51, subject to 

the annual revision of FAA Order 

7400.9 and publication of conforming 

amendments. 

ADDRESSES: FAA Order 7400.9Z, 

Airspace Designations and Reporting 

Points, and subsequent amendments can 

be viewed on line at http://

www.faa.gov/air_traffic/publications. 

For further information, you can contact 

the Airspace Policy Group, Federal 

Aviation Administration, 800 

Independence Avenue SW., 

Washington, DC 29591; telephone: 202– 

267–8783. The Order is also available 

for inspection at the National Archives 

and Records Administration (NARA). 

For information on the availability of 

FAA Order 7400.9Z at NARA, call 202– 

741–6030, or go to http://

www.archives.gov/federal_register/

code_of_federal-regulations/ibr_

locations.html. 

FAA Order 7400.9, Airspace 

Designations and Reporting Points is 

published yearly and effective on 

September 15. 

FOR FURTHER INFORMATION CONTACT: 

Rebecca Shelby, Central Service Center, 

Operations Support Group, Federal 

Aviation Administration, Southwest 

Region, 10101 Hillwood Parkway, Fort 

Worth, TX 76177; telephone: 817–222– 

5857. 

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

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. This rulemaking is 

promulgated under the authority 

described in Subtitle VII, Part A, 

Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This regulation is within the 

scope of that authority as it establishes 

Class E airspace at Clinton Municipal 

Airport, Clinton, AR. 

History 

On November 30, 2015, the FAA 

published in the Federal Register a 

notice of proposed rulemaking (NPRM) 

to establish Class E airspace extending 

upward from 700 feet above the surface 

at Clinton Municipal Airport, Clinton, 

AR. (80 FR 74736). Interested parties 

were invited to participate in this 

rulemaking effort by submitting written 

comments on the proposal to the FAA. 

No comments were received. The FAA 

also notes that in the NPRM, the state 

identifier was incorrectly written as LA, 

and is corrected in the airspace 

description to AR. 

Class E airspace designations are 

published in paragraph 6005 of FAA 

Order 7400.9Z, dated August 6, 2015, 

and effective September 15, 2015, which 

is incorporated by reference in 14 CFR 

part 71.1. The Class E airspace 

designations listed in this document 

will be published subsequently in the 

Order. 

Availability and Summary of 

Documents for Incorporation by 

Reference 

This document amends FAA Order 

7400.9Z, Airspace Designations and 

Reporting Points, dated August 6, 2015, 

and effective September 15, 2015. FAA 

Order 7400.9Z is publicly available as 

listed in the ADDRESSES section of this 

document. FAA Order 7400.9Z lists 

Class A, B, C, D, and E airspace areas, 

air traffic service routes, and reporting 

points. 

The Rule 

This action amends Title 14, Code of 

Federal Regulations (14 CFR), Part 71 by 

establishing Class E airspace extending 

upward from 700 feet above the surface 

within a 6.0-mile radius of Clinton 

Municipal Airport, Clinton, AR, to 

accommodate new Standard Instrument 

Approach Procedures for IFR operations 

at the airport. Also, the correct state 

identifier is noted in the airspace 

description, changing it from LA to AR. 

Regulatory Notices and Analyses 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current, is non-controversial and 

unlikely to result in adverse or negative 

comments. It, therefore: (1) Is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 


jstallworth on DSK7TPTVN1PROD with RULES