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 week.

Rules and Regulations Federal Register

18741 

Vol. 81, No. 63 

Friday, April 1, 2016 

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 engineindicating 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: 

fnu.winarto@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We have received three reports of inservice 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 


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

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

Action Labor cost Parts cost Cost per 

product 

Cost on U.S. 

operators 

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

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 

■ 1. The authority citation for part 39 

continues to read as follows: 

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

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new 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. 


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Federal Register / Vol. 81, No. 63 / Friday, April 1, 2016 / Rules and Regulations 18743 

1Alternative to Fingerprinting Requirement for 

Foreign Natural Persons, 81 FR 1359 (Jan. 12, 2016). 2As used herein, the terms ‘‘natural person’’ and 

‘‘individual’’ have the same meaning. 

3See the definition of principal in Commission 

regulation 3.1(a). 17 CFR 3.1(a). 

4An ‘‘associated person’’ is any natural person 

who is associated in certain capacities with a 

futures commission merchant (‘‘FCM’’), retail 

foreign exchange dealer (‘‘RFED’’), introducing 

broker (‘‘IB’’), commodity pool operator (‘‘CPO’’), 

commodity trading advisor (‘‘CTA’’), swap dealer 

(‘‘SD’’), major swap participant (‘‘MSP’’), or 

leverage transaction merchant (‘‘LTM’’). 17 CFR 

1.3(aa). 

For the definitions of these registration categories 

(other than RFED), see Section 1a of the Commodity 

Exchange Act (‘‘CEA’’ or ‘‘Act’’) and Commission 

regulation 1.3. 7 U.S.C. 1a and 17 CFR 1.3. For the 

definition of RFED, see Commission regulation 

5.1(h). 17 CFR 5.1(h). 

5Subject to certain exceptions and exclusions, 

persons engaging in specified activities involving 

commodity interests are required pursuant to the 

CEA and/or Commission regulations to register with 

the Commission in certain registration categories. 

These include registration as an FCM, RFED, IB, 

CPO, CTA, SD, MSP, LTM, floor broker (‘‘FB’’), and 

floor trader (‘‘FT’’). For the definitions of FB and 

FT, see Section 1a of the CEA and Commission 

regulation 1.3. 7 U.S.C. 1a and 17 CFR 1.3. 

6Currently, the Commission may, directly or 

indirectly, require fingerprinting pursuant to 

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); 

3.44(a)(5) or (c); or 3.46(a)(3). 17 CFR 3.10(a)(2); 

3.11(a)(1); 3.12(c)(3), d(2), f(3), and (i)(3); 3.40(a)(1), 

(a)(2), and (b); 3.44(a)(5) and (c); and 3.46(a)(3). 

In support of its initial promulgation of the 

fingerprinting requirements, the Commission stated 

that these requirements ‘‘are necessary to permit 

improvements in the Commission’s background 

checking of applicants for registration, to permit 

positive identification of certain individuals with 

common names, to reduce the number of 

applications filed by individuals who are unfit for 

registration, and to facilitate fitness reviews of 

registrants on a spot and periodic basis.’’ See 

Revision of Registration Regulations; Final Rules; 

Designation of New Part, 45 FR 80485, 80485 (Dec. 

5, 1980). 

7Commission regulation 3.21 provides 

exemptions to the Fingerprinting Requirement, 

subject to certain conditions, for persons whose 

fingerprints have recently been identified and 

processed by the Federal Bureau of Investigation, 

for persons whose application for initial registration 

with the Commission in any capacity was recently 

granted, for persons that have a current Form 8–R 

on file with the Commission or National Futures 

Association (‘‘NFA’’), and for principals that are 

outside directors. 17 CFR 3.21. 

8CFTC Staff Letter No. 12–49 (Dec. 11, 2012), 

available at http://www.cftc.gov/ucm/groups/

public/@lrlettergeneral/documents/letter/12-49.pdf. 

9CFTC Staff Letter No. 13–29 (Jun. 21, 2013), 

available at http://www.cftc.gov/ucm/groups/

public/@lrlettergeneral/documents/letter/13-29.pdf. 

(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: 9-ANM-Seattle-ACO-AMOCRequests@faa.gov. 

(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: 

fnu.winarto@faa.gov. 

(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 

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Part 3 

RIN 3038–AE16 

Alternative to Fingerprinting 

Requirement for Foreign Natural 

Persons 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Final rule. 

SUMMARY: The Commodity Futures 

Trading Commission (‘‘Commission’’ or 

‘‘CFTC’’) is amending existing 

Commission regulations to establish an 

alternative to fingerprinting to evaluate 

the fitness of natural persons who are 

required to submit fingerprints under 

the Commission’s regulations and who 

have not resided in the United States 

since reaching 18 years of age (‘‘Final 

Rule’’). 

DATES: The Final Rule is effective on 

May 2, 2016. 

FOR FURTHER INFORMATION CONTACT: 

Katherine Driscoll, Associate Chief 

Counsel, 202–418–5544, kdriscoll@

cftc.gov; Jacob Chachkin, Special 

Counsel, 202–418–5496, jchachkin@

cftc.gov; or Adam Kezsbom, Special 

Counsel, 202–418–5372, akezsbom@

cftc.gov, Division of Swap Dealer and 

Intermediary Oversight, Commodity 

Futures Trading Commission, Three 

Lafayette Centre, 1155 21st Street NW., 

Washington, DC 20581. 

SUPPLEMENTARY INFORMATION: 

I. Proposal 

On January 12, 2016, the Commission 

published a Notice of Proposed 

Rulemaking (‘‘Proposal’’) 1 to amend the 

requirement that, pursuant to the 

registration process for determining a 

registrant’s fitness in part 3 of the 

Commission’s regulations, natural 

persons 2 that wish to be principals 3 or 

associated persons 4 of Commission 

registrants,5 or who are responsible for 

entry of orders from an FB’s or FT’s own 

account, submit their fingerprints (the 

‘‘Fingerprinting Requirement’’).6 The 

Proposal contemplated adding a new 

paragraph (e) to the existing list of 

exemptions from the Fingerprinting 

Requirement in § 3.21 7 to, among other 

things, codify and clarify the alternative 

to the Fingerprinting Requirement 

provided by CFTC Staff Letter No. 12– 

49 8 and CFTC Staff Letter No. 13–29 9

(‘‘DSIO No-Action Letters’’). In 

particular, the Commission proposed 


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