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.

Rules and Regulations Federal Register

73215 

Vol. 88, No. 205 

Wednesday, October 25, 2023 

DEPARTMENT OF ENERGY 

10 CFR Parts 429 and 431 

[EERE–2017–BT–TP–0010] 

RIN 1904–AD78 

Energy Conservation Program: Test 

Procedure for Walk-In Coolers and 

Walk-In Freezers; Correction 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Final rule; correcting 

amendments. 

SUMMARY: On May 4, 2023, the U.S. 

Department of Energy (‘‘DOE’’) 

published a final rule adopting test 

procedures for walk-in coolers and 

walk-in freezers. This document 

corrects errors and omissions in that 

final rule. Neither the errors and 

omissions nor the corrections affect the 

substance of the rulemaking or any 

conclusions reached in support of the 

final rule. 

DATES: Effective October 25, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Mr. Troy Watson, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies Office, EE–5B, 1000 

Independence Avenue SW, Washington, 

DC 20585–0121. Telephone: (240) 449– 

9387. Email: 

ApplianceStandardsQuestions@

ee.doe.gov. 

Mr. Matthew Schneider, U.S. 

Department of Energy, Office of the 

General Counsel, GC–33, 1000 

Independence Avenue SW, Washington, 

DC 20585–0121. Telephone: (240) 597– 

6265. Email: matthew.schneider@

hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On May 4, 2023, DOE published a 

final rule (‘‘May 2023 Final Rule’’) 

amending the test procedures for walkin coolers and freezers (‘‘walk-ins’’) at 

title 10 of the Code of Federal 

Regulations (‘‘CFR’’) part 431, subpart R, 

appendices A, B, C, and C1 (hereafter 

referred to as ‘‘appendix A’’, ‘‘appendix 

B’’, ‘‘appendix C’’, and ‘‘appendix C1’’, 

respectively). 88 FR 28780. Since 

publication of the May 2023 Final Rule, 

DOE has identified errors and omissions 

in the regulatory text established by that 

final rule. DOE is issuing this rule to 

correct certain errors and omissions in 

the May 2023 Final Rule, specifically in 

10 CFR 429.70 and appendices A, B, C, 

and C1, and to assist regulated entities 

with compliance efforts. The corrections 

are described in the following 

paragraphs. 

In 10 CFR 429.70(f)(5)(vi), Table 7 of 

the regulatory text in the May 2023 

Final Rule was erroneously labeled as 

‘‘Table 7 to Paragraph (f)(5)(iv),’’ 

whereas it should have been labeled as 

‘‘Table 7 to Paragraph (f)(5)(vi)’’. 88 FR 

28780, 28837. This document corrects 

the typographical error. 

Section 5.2.1 of appendix A as 

finalized by the May 2023 Final Rule 

erroneously instructs the reader to 

determine standardized thermal 

transmittance per section 5.1.1 of 

appendix A. 88 FR 28780, 28840. 

However, there is no section 5.1.1 of 

appendix A; this should instead 

reference section 5.1 of appendix A. 

This document corrects this 

typographical error. 

In the May 2023 Final Rule preamble 

text, DOE states that it is maintaining 

the current requirement that testing be 

completed within 24 hours of cutting a 

test specimen from the envelope 

components. 88 FR 28780, 28800. 

However, this requirement was 

erroneously omitted from the regulatory 

text in appendix B. Section 5.3 of 

appendix B should instruct the reader 

that ‘‘Testing must be completed within 

24 hours of samples being cut for testing 

per section 5.2.5 of this appendix’’. This 

document corrects this inadvertent 

omission. 

Section 5.2.5.7 of appendix B as 

finalized by May 2023 Final Rule 

erroneously instructs the reader ‘‘To 

determine the parallelism of the 

specimen for side 2, repeat section’’ 

while omitting which section to repeat. 

88 FR 28780, 28845. Section 5.2.5.7 

should state ‘‘To determine the 

parallelism of the specimen for side 2, 

repeat section 5.2.5.6 of this appendix’’. 

This document corrects this inadvertent 

omission. 

In the May 2023 Final Rule regulatory 

text, the seventh column of table 17 in 

appendix C and table 5 in appendix C1 

erroneously specify that the compressor 

capacity or operating mode of the ‘‘OffCycle Power’’ test shall be ‘‘Compressor 

On’’ and that the compressor capacity or 

operating mode of ‘‘Refrigeration 

Capacity, Ambient Condition A’’ test 

shall be ‘‘Compressor Off’’. 88 FR 28780, 

28846, 28851–28852. These labels in the 

seventh column should be switched 

such that the ‘‘Off-Cycle Power’’ test is 

labeled as ‘‘Compressor Off’’ and the 

‘‘Refrigeration Capacity, Ambient 

Condition A’’ test is labeled as 

‘‘Compressor On’’. This document 

corrects these typographical errors. 

In the May 2023 Final Rule regulatory 

text, the table for Test Operating 

Conditions for Medium-Temperature 

CO2 Unit Coolers in appendix C is 

erroneously labeled as Table 17. 88 FR 

28780, 28846. In appendix C, Table 15 

and Table 16 provide modifications to 

Table 15 and Table 16 included in the 

referenced industry standard, AHRI 

1250–2009 ‘‘Standard for Performance 

Rating of Walk-in Coolers and 

Freezers.’’ Because these tables do not 

represent table numbering within 

appendix C, subsequent tables only 

included in appendix C (i.e., Tables 17 

through 19 and the final Table 1, 

discussed in the following paragraphs) 

should not continue with the AHRI 

1250–2009 table numbering approach 

and should provide distinct table labels. 

To address this error and to avoid 

confusion with the table numbering 

referencing AHRI 1250–2009, Table 17 

as well as the references thereto should 

instead be labeled as Table C.1. This 

document corrects this typographical 

error. 

Similarly, in the May 2023 Final Rule 

regulatory text, the table for Test 

Operating Conditions for LowTemperature CO2 Unit Coolers in 

appendix C is erroneously labeled as 

Table 18. Id. This table as well as the 

references thereto should instead be 

labeled as Table C.2. This document 

corrects this typographical error. 

In the May 2023 Final Rule regulatory 

text, the table for Test Operating 

Conditions for High-Temperature Unit 

Coolers in appendix C is erroneously 

labeled as Table 19. Id. This table as 

well as the references thereto should 


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instead be labeled as Table C.3. This 

document corrects this typographical 

error. 

In the May 2023 Final Rule regulatory 

text, the table for Test Condition 

Tolerances and Hierarchy for 

Refrigerant Charging and Setting of 

Refrigerant Conditions is erroneously 

labeled as Table 1. 88 FR 28780, 28847– 

28848. This table should instead be 

labeled as Table C.4. This document 

corrects this typographical error. 

In the May 2023 Final Rule regulatory 

text, in the first column from the left of 

table 3 to appendix C1, rows three, five, 

and seven erroneously included a table 

note numbered five at the end of each 

‘‘Test description’’. 88 FR 28780, 28851. 

There is no table note that corresponds 

to note five in this table, however. This 

document corrects this error. 

In the May 2023 Final Rule regulatory 

text, in the sixth column from the left 

of table 9 to appendix C1, row nine has 

‘‘Compressor operating mode’’ 

erroneously specified as ‘‘Maximum 

Capacity, k=2’’. 88 FR 28780, 28853. 

This label should instead read ‘‘High 

Capacity, k=2’’. This document corrects 

this error. 

In the May 2023 Final Rule regulatory 

text, in the sixth column from the left 

of table 13 to appendix C1, rows three, 

seven, and eleven have ‘‘Compressor 

operating mode’’ erroneously specified 

as ‘‘Minimum Capacity, k=i’’. 88 FR 

28780, 28854. These labels should 

instead read ‘‘Intermediate Capacity, 

k=i’’. This document corrects this error. 

In the May 2023 Final Rule regulatory 

text, in the sixth column of table 14 to 

appendix C1, row 2 has ‘‘Compressor 

operating mode’’ erroneously specified 

as ‘‘Minimum Capacity, k=i’’. Id. This 

label should instead read ‘‘Intermediate 

Capacity, k=i’’. This document corrects 

this error. 

II. Need for Correction 

As published, the regulatory text in 

May 2023 Final Rule may lead to 

confusion in the execution of the DOE 

test procedure for walk-ins due to 

incorrect table labeling, omitted section 

references, and extraneous footnotes. 

Because this final rule would simply 

correct errors and omissions in the text 

without making substantive changes to 

test procedures adopted in the May 

2023 Final Rule, the changes addressed 

in this document are technical in 

nature. 

III. Procedural Issues and Regulatory 

Review 

DOE has concluded that the 

determinations made pursuant to the 

various procedural requirements 

applicable to the May 2023 Final Rule 

remain unchanged for these final rule 

technical corrections. These 

determinations are set forth in the May 

2023 Final Rule. 88 FR 28780, 28827– 

28834. 

Pursuant to the Administrative 

Procedure Act, 5 U.S.C. 553(b), DOE 

finds that there is good cause to not 

issue a separate notice to solicit public 

comment on those technical corrections 

contained in this document. Issuing a 

separate notice to solicit public 

comment would be impracticable, 

unnecessary, and contrary to the public 

interest. As explained previously, the 

corrections in this document do not 

affect the substance of or any of the 

conclusions reached in support of the 

May 2023 Final Rule. Additionally, 

given the May 2023 Final Rule is a 

product of an extensive administrative 

record with numerous opportunities for 

public comment, DOE finds additional 

comment on the technical corrections is 

unnecessary. Therefore, providing prior 

notice and an opportunity for public 

comment on correcting objective errors 

and omissions that do not change the 

substance of the test procedure serves 

no useful purpose. 

Further, this rule correcting errors and 

omissions makes non-substantive 

changes to the test procedure in the May 

2023 Final Rule. As such, this rule is 

not subject to the 30-day delay in 

effective date requirement of 5 U.S.C. 

553(d) otherwise applicable to rules that 

make substantive changes. 

List of Subjects 

10 CFR Part 429 

Administrative practice and 

procedure, Confidential business 

information, Energy conservation, 

Household appliances, Imports, 

Intergovernmental relations, Reporting 

and recordkeeping requirements, Small 

businesses. 

10 CFR Part 431 

Administrative practice and 

procedure, Confidential business 

information, Energy conservation test 

procedures, Incorporation by reference, 

and Reporting and recordkeeping 

requirements. 

Signing Authority 

This document of the Department of 

Energy was signed on August 23, 2023, 

by Francisco Alejandro Moreno, Acting 

Assistant Secretary for Energy Efficiency 

and Renewable Energy, U.S. Department 

of Energy, pursuant to delegated 

authority from the Secretary of Energy. 

That document with the original 

signature and date is maintained by 

DOE. For administrative purposes only, 

and in compliance with requirements of 

the Office of the Federal Register, the 

undersigned DOE Federal Register 

Liaison Officer has been authorized to 

sign and submit the document in 

electronic format for publication, as an 

official document of the Department of 

Energy. This administrative process in 

no way alters the legal effect of this 

document upon publication in the 

Federal Register. 

Signed in Washington, DC, on August 23, 

2023. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

For the reasons stated in the 

preamble, DOE corrects part 429 and 

431 of chapter II of title 10 of the Code 

of Federal Regulations by making the 

following correcting amendments: 

PART 429—CERTIFICATION, 

COMPLIANCE, AND ENFORCEMENT 

FOR CONSUMER PRODUCTS AND 

COMMERCIAL AND INDUSTRIAL 

EQUIPMENT 

■ 1. The authority citation for part 429 

continues to read as follows: 

Authority: 42 U.S.C. 6291–6317; 28 U.S.C. 

2461 note. 

■ 2. Amend § 429.70 by revising the 

heading for the table in paragraph 

(f)(5)(vi) to read as follows: 

§ 429.70 Alternative methods for 

determining energy efficiency and energy 

use. 

* * * * * 

(f) * * * 

(5) * * * 

(vi) * * * 

Table 7 to Paragraph (f)(5)(vi) 

* * * * * 

PART 431—ENERGY EFFICIENCY 

PROGRAM FOR CERTAIN 

COMMERCIAL AND INDUSTRIAL 

EQUIPMENT 

■ 3. The authority citation for part 431 

continues to read as follows: 

Authority: 42 U.S.C. 6291–6317; 28 U.S.C. 

2461 note. 

■ 4. Appendix A to subpart R of part 

431 is amended by revising section 5.2.1 

to read as follows: 

Appendix A to Subpart R of Part 431— 

Uniform Test Method for the 

Measurement of Energy Consumption of 

the Components of Envelopes of WalkIn Coolers and Walk-In Freezers 

* * * * * 


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5. * * * 

5.2 * * * 

5.2.1 For display doors and display 

panels, thermal transmittance, Udd or Udp, 

respectively, shall be the standardized 

thermal transmittance, UST, determined per 

section 5.1 of this appendix. 

* * * * * 

■ 5. Appendix B to subpart R of part 431 

is amended by revising sections 5.2.5.7 

and 5.3 to read as follows: 

Appendix B to Subpart R of Part 431— 

Uniform Test Method for the 

Measurement of R-Value of Insulation 

for Envelope Components of Walk-In 

Coolers and Walk-In Freezers 

* * * * * 

5. * * * 

5.2 * * * 

5.2.5 * * * 

5.2.5.7 To determine the parallelism of 

the specimen for side 2, repeat section 5.2.5.6 

of this appendix. 

* * * * * 

5.3 K-factor Test. Determine the thermal 

conductivity, or K-factor, of the 1-inch-thick 

specimen in accordance with the specified 

sections of ASTM C518–17. Testing must be 

completed within 24 hours of the specimen 

being cut for testing per section 5.2.5 of this 

appendix. 

* * * * * 

■ 6. Appendix C to subpart R of part 431 

is amended by: 

■ a. In section 3.1.6: 

■ i. Removing the words ‘‘table 17’’ and 

adding in its place, the words ‘‘table 

C.1’’ wherever they appear; 

■ ii. Revising the newly designated table 

C.1; 

■ iii. Removing the words ‘‘table 18’’ 

and adding in its place, the words ‘‘table 

C.2’’ wherever they appear; 

■ b. In section 3.1.7, removing the 

words ‘‘table 19’’ and adding in its 

place, the words ‘‘table C.3’’ wherever 

they appear; 

■ c. In section 3.2.7.1, removing the 

words ‘‘table 1’’ and adding in its place, 

the words ‘‘table C.4’’ wherever they 

appear. 

The revision reads as follows: 

Appendix C to Subpart R of Part 431— 

Uniform Test Method for the 

Measurement of Net Capacity and 

AWEF of Walk-In Cooler and Walk-In 

Freezer Refrigeration Systems 

* * * * * 

3. * * * 

3.1. * * * 

3.1.6 * * * 

TABLE C.1—TEST OPERATING CONDITIONS FOR MEDIUM-TEMPERATURE CO2 UNIT COOLERS

Test description 

Unit cooler 

air entering 

dry-bulb, 

°F 

Unit cooler 

air entering 

relative 

humidity, 

% 

Suction 

dew 

point 

temp, 

°F 

Liquid 

inlet 

bubble point 

temperature 

°F 

Liquid 

inlet 

subcooling, 

°F 

Compressor 

capacity Test objective 

Off-Cycle Power ............ 35 <50 .................... ...................... ...................... Compressor Off ... Measure fan input power during compressor off-cycle. 

Refrigeration Capacity, 

Ambient Condition A.

35 <50 25 38 5 Compressor On ... Determine Net Refrigeration Capacity of 

Unit Cooler. 

Notes: 

1Superheat shall be set as indicated in the installation instructions. If no superheat specification is given a default superheat value of 6.5 °F shall be used. 

■ 7. Appendix C1 to subpart R of part 

431 is amended by: 

■ a. In section 3.2.1, revising table 3; 

■ b. In section 3.2.2, revising table 5; 

■ c. In section 3.2.3, revising table 9; 

and 

■ d. In section 3.2.4, revising tables 13 

and 14. 

The revisions read as follows: 

Appendix C1 to Subpart R of Part 431— 

Uniform Test Method for the 

Measurement of Net Capacity and 

AWEF2 of Walk-In Cooler and Walk-In 

Freezer Refrigeration Systems 

* * * * * 

3. * * * 

3.2. * * * 

3.2.1. * * * 

TABLE 3—TEST OPERATING CONDITIONS FOR FIXED-CAPACITY HIGH-TEMPERATURE OUTDOOR MATCHED-PAIR OR

SINGLE-PACKAGED REFRIGERATION SYSTEMS

Test 

description 

Unit cooler 

air entering 

dry-bulb, °F 

Unit cooler 

air entering 

relative 

humidity, 

% 1

Condenser 

air entering 

dry-bulb, °F 

Condenser 

air entering 

wet-bulb, °F 

Compressor 

status Test objective 

Refrigeration Capacity A .......... 55 55 95 3 75, 4 68 Compressor On ... Determine Net Refrigeration Capacity of Unit Cooler, input power, and EER at Test Condition. 

Off-Cycle Power, Capacity A ... 55 55 95 3 75, 4 68 Compressor Off ... Measure total input wattage during compressor offcycle, ( E ̇ cu,off + E ̇ Fcomp,off) 2. 

Refrigeration Capacity B .......... 55 55 59 3 54, 4 46 Compressor On ... Determine Net Refrigeration Capacity of Unit Cooler and system input power at moderate condition. 

Off-Cycle Power, Capacity B ... 55 55 59 3 54, 4 46 Compressor Off ... Measure total input wattage during compressor offcycle, (E ̇ cu,off + E ̇ Fcomp,off) 2. 

Refrigeration Capacity C .......... 55 55 35 3 34, 4 29 Compressor On ... Determine Net Refrigeration Capacity of Unit Cooler and system input power at cold condition. 

Off-Cycle Power, Capacity C ... 55 55 35 3 34, 4 29 Compressor Off ... Measure total input wattage during compressor offcycle, (E ̇ cu,off + E ̇ Fcomp,off) 2. 

Notes: 

1The test condition tolerance (maximum permissible variation of the average value of the measurement from the specified test condition) for relative humidity is 3%. 

2 Measure off-cycle power as described in sections C3 and C4.2 of AHRI 1250–2020. 

3 Required only for evaporative condensing units (e.g., incorporates a slinger ring). 4 Maximum allowable value for Single-Packaged Systems that do not use evaporative Dedicated Condensing Units, where all or part of the equipment is located in 

the outdoor room. 


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* * * * * 

3.2.2 * * * 

3.2.2 * * * 

TABLE 5—TEST OPERATING CONDITIONS 1 FOR MEDIUM-TEMPERATURE CO2 UNIT COOLERS

Test title 

Unit cooler 

air entering 

dry-bulb, °F 

Unit cooler 

air entering 

relative 

humidity, 

% 

Suction 

dew point 

temp,3

°F 

Liquid inlet 

bubble point 

temperature, °F 

Liquid inlet 

subcooling, °F 

Compressor 

operating mode Test objective 

Off-Cycle Power ............ 35 <50 .................... ........................ .................... Compressor Off ... Measure unit cooler input wattage during 

compressor off-cycle, E ̇ Fcomp,off 2. 

Refrigeration Capacity, 

Ambient Condition A.

35 <50 25 38 5 Compressor On ... Determine Net Refrigeration Capacity of 

Unit Cooler, q ̇ mix,rack

Notes: 

1Superheat shall be set as indicated in the installation instructions. If no superheat specification is given a default superheat value of 6.5 °F shall be used. 2 Measure off-cycle power as described in sections C3 and C4.2 of AHRI 1250–2020. 

3Suction Dew Point shall be measured at the Unit Cooler Exit conditions. 

* * * * * 3.2.3 * * * 

TABLE 9—TEST OPERATING CONDITIONS FOR TWO-CAPACITY LOW-TEMPERATURE OUTDOOR DEDICATED CONDENSING

UNITS

Test title 

Suction 

dew point, 

°F 

Return gas, 

°F 

Condenser 

air entering 

dry-bulb, 

°F 

Condenser 

air entering 

wet-bulb, 

°F 1

Compressor operating mode 

Capacity, Condition A, Low Capacity ¥22 5 95 75 Low Capacity, k=1. 

Capacity, Condition A, High Capacity ¥22 5 95 75 High Capacity, k=2. 

Off-Cycle, Condition A ...................... ........................ ........................ 95 75 Compressor Off. 

Capacity, Condition B, Low Capacity ¥22 5 59 54 Low Capacity, k=1. 

Capacity, Condition B, High Capacity ¥22 5 59 54 High Capacity, k=2. 

Off-Cycle, Condition B ...................... ........................ ........................ 59 54 Compressor Off. 

Capacity, Condition C, Low Capacity ¥22 5 35 34 Low Capacity, k=1. 

Capacity, Condition C, High Capacity.¥22 5 35 34 High Capacity, k=2. 

Off-Cycle, Condition C ...................... ........................ ........................ 35 34 Compressor Off. 

Notes: 

1 Required only for evaporative condensing units (e.g., incorporates a slinger ring). 

* * * * * 3.2.4 * * * 

TABLE 13—TEST OPERATING CONDITIONS FOR VARIABLE- OR MULTIPLE-CAPACITY LOW-TEMPERATURE OUTDOOR

DEDICATED CONDENSING UNITS

Test title 

Suction 

dew point, 

°F 

Return gas, 

°F 

Condenser 

air entering 

dry-bulb, 

°F 

Condenser 

air entering 

wet-bulb, 

°F 1

Compressor operating mode 

Capacity, Condition A, Minimum Capacity.¥22 5 95 75 Minimum Capacity, k=1. 

Capacity, Condition A, Intermediate 

Capacity.

¥22 5 95 75 Intermediate Capacity, k=i. 

Capacity, Condition A, Maximum Capacity.¥22 5 95 75 Maximum Capacity, k=2. 

Off-Cycle, Condition A ...................... ........................ ........................ 95 75 Compressor Off. 

Capacity, Condition B, Minimum Capacity.¥22 5 59 54 Minimum Capacity, k=1. 

Capacity, Condition B, Intermediate 

Capacity.

¥22 5 59 54 Intermediate Capacity, k=i. 

Capacity, Condition B, Maximum Capacity.¥22 5 59 54 Maximum Capacity, k=2. 

Off-Cycle, Condition B ...................... ........................ ........................ 59 54 Compressor Off. 

Capacity, Condition C, Minimum Capacity.¥22 5 35 34 Minimum Capacity, k=1. 

Capacity, Condition C, Intermediate 

Capacity.

¥22 5 35 34 Intermediate Capacity, k=i. 

Capacity, Condition C, Maximum 

Capacity.

¥22 5 35 34 Maximum Capacity, k=2. 


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TABLE 13—TEST OPERATING CONDITIONS FOR VARIABLE- OR MULTIPLE-CAPACITY LOW-TEMPERATURE OUTDOOR

DEDICATED CONDENSING UNITS—Continued 

Test title 

Suction 

dew point, 

°F 

Return gas, 

°F 

Condenser 

air entering 

dry-bulb, 

°F 

Condenser 

air entering 

wet-bulb, 

°F 1

Compressor operating mode 

Off-Cycle, Condition C ...................... ........................ ........................ 35 34 Compressor Off. 

Notes: 

1 Required only for evaporative condensing units (e.g., incorporates a slinger ring). 

TABLE 14—TEST OPERATING CONDITIONS FOR VARIABLE- OR MULTIPLE-CAPACITY LOW-TEMPERATURE INDOOR

DEDICATED CONDENSING UNITS

Test title 

Suction 

dew point, 

°F 

Return gas, 

°F 

Condenser 

air entering 

dry-bulb, 

°F 

Condenser 

air entering 

wet-bulb, 

°F 1

Compressor operating mode 

Capacity, Condition A, Minimum Capacity.¥22 5 90 75 Minimum Capacity, k=1. 

Capacity, Condition A, Intermediate 

Capacity.

¥22 5 90 75 Intermediate Capacity, k=i. 

Capacity, Condition A, Maximum Capacity.¥22 5 90 75 Maximum Capacity, k=2. 

Off-Cycle, Condition A ...................... ........................ ........................ 90 75 Compressor Off. 

Notes: 

1 Required only for evaporative condensing units (e.g., incorporates a slinger ring). 

* * * * * 

[FR Doc. 2023–18531 Filed 10–24–23; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. FAA–2022–1740; Special 

Conditions No. 25–841–SC] 

Special Conditions: The Boeing 

Company Model 777 Series Airplanes; 

Passenger Seats With Pretensioner 

Restraint Systems 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions. 

SUMMARY: These special conditions are 

issued for The Boeing Company 

(Boeing) Model 777 series airplanes. 

These airplanes have a novel or unusual 

design feature when compared to the 

state of technology envisioned in the 

airworthiness standards for transport 

category airplanes. This design feature 

is pretensioner restraint systems 

installed on passenger seats. 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: Effective November 24, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Shannon Lennon, Cabin Safety, AIR– 

624, Technical Policy Branch, Policy 

and Standards Division, Aircraft 

Certification Service, Federal Aviation 

Administration, 2200 South 216th 

Street, Des Moines, Washington 98198; 

telephone and fax 206–231–3209; email 

shannon.lennon@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On September 30, 2021, Boeing 

applied for an amendment to Type 

Certificate No. T00001SE for Boeing 

Model 777 series airplanes. These 

airplanes, currently approved under 

Type Certificate No. T00001SE, are 

twin-engine, transport-category 

airplanes with maximum seating for 495 

passengers and a maximum takeoff 

weight of 775,000 pounds. 

Type Certification Basis 

Under the provisions of 14 CFR 

21.101, Boeing must show that Model 

777 series airplanes meet the applicable 

provisions of the regulations listed in 

Type Certificate No. T00001SE, or the 

applicable regulations in effect on the 

date of application for the change, 

except for earlier amendments as agreed 

upon by the FAA. 

If the Administrator finds that the 

applicable airworthiness regulations 

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

adequate or appropriate safety standards 

for Boeing Model 777 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, Boeing Model 777 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 

Boeing Model 777 series airplanes 

will incorporate the following novel or 

unusual design feature: 

Forward-facing seats incorporating a 

shoulder harness with pretensioner 


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