7370 Federal Register / Vol. 79, No. 26 / Friday, February 7, 2014 / Rules and Regulations 

K. Review Under Executive Order 13211 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use,’’ 66 FR 28355 (May 

22, 2001), requires Federal agencies to 

prepare and submit to OMB, a 

Statement of Energy Effects for any 

significant energy action. A ‘‘significant 

energy action’’ is defined as any action 

by an agency that promulgated or is 

expected to lead to promulgation of a 

final rule, and that: (1) Is a significant 

regulatory action under Executive Order 

12866, or any successor order; and (2) 

is likely to have a significant adverse 

effect on the supply, distribution, or use 

of energy; or (3) is designated by the 

Administrator of OIRA as a significant 

energy action. For any significant energy 

action, the agency must give a detailed 

statement of any adverse effects on 

energy supply, distribution, or use if the 

regulation is implemented, and of 

reasonable alternatives to the action and 

their expected benefits on energy 

supply, distribution, and use. 

Today’s regulatory action is not a 

significant regulatory action under 

Executive Order 12866. Moreover, it 

would not have a significant adverse 

effect on the supply, distribution, or use 

of energy, nor has it been designated as 

a significant energy action by the 

Administrator of OIRA. Therefore, it is 

not a significant energy action, and, 

accordingly, DOE has not prepared a 

Statement of Energy Effects. 

L. Review Under Section 32 of the 

Federal Energy Administration Act of 

1974 

Under section 301 of the Department 

of Energy Organization Act (Pub. L. 95– 

91; 42 U.S.C. 7101), DOE must comply 

with section 32 of the Federal Energy 

Administration Act of 1974, as amended 

by the Federal Energy Administration 

Authorization Act of 1977. (15 U.S.C. 

788; FEAA) Section 32 essentially 

provides in relevant part that, where a 

proposed rule authorizes or requires use 

of commercial standards, the notice of 

proposed rulemaking must inform the 

public of the use and background of 

such standards. In addition, section 

32(c) requires DOE to consult with the 

Attorney General and the Chairman of 

the Federal Trade Commission (FTC) 

concerning the impact of the 

commercial or industry standards on 

competition. DOE required the use of a 

commercial standard (DH–1–2008) in 

the October 2012 final rule. This rule 

requires earlier use of the October 2012 

test procedures in this rulemaking, but 

does not require the use of a commercial 

standard, so these requirements do not 

apply. 

M. Congressional Notification 

As required by 5 U.S.C. 801, DOE will 

report to Congress on the promulgation 

of today’s rule before its effective date. 

The report will state that it has been 

determined that the rule is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

IV. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

publication of this final rule. 

List of Subjects in 10 CFR Part 430 

Administrative practice and 

procedure, Confidential business 

information, Energy conservation, 

Household appliances, Imports, 

Incorporation by reference, 

Intergovernmental relations, Small 

businesses. 

Issued in Washington, DC, on January 29, 

2014. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

For the reasons stated in the 

preamble, DOE amends part 430 of 

Chapter II of Title 10, Code of Federal 

Regulations as set forth below: 

PART 430—ENERGY CONSERVATION 

PROGRAM FOR CONSUMER 

PRODUCTS 

■ 1. The authority citation for part 430 

continues to read as follows: 

Authority: 42 U.S.C. 6291–6309; 28 U.S.C. 

2461 note. 

§ 430.3 [Amended] 

■ 2. Section 430.3 is amended by 

removing ‘‘X1’’ from paragraphs (h)(1) 

and (o)(4) and adding ‘‘X’’ in its place. 

■ 3. Section 430.23 is amended by 

revising paragraph (z) to read as follows: 

§ 430.23 Test procedures for the 

measurement of energy and water 

consumption. 

* * * * * 

(z) Dehumidifiers. (1) When 

measuring the energy factor for 

dehumidifiers (see the note at the 

beginning of appendix X to this 

subpart), expressed in liters per kilowatt 

hour (L/kWh), energy factor shall be 

measured in accordance with section 

4.1 of appendix X to this subpart. 

(2) When measuring the integrated 

energy factor for dehumidifiers (see the 

note at the beginning of appendix X to 

this subpart), expressed in L/kWh, 

integrated energy factor shall be 

determined according to paragraph 5.2 

of appendix X to this subpart. 

* * * * * 

Appendix X to Subpart B of Part 430— 

[Removed] 

■ 4. Appendix X to subpart B of part 430 

is removed. 

Appendix X1 to Subpart B of Part 430— 

[Redesignated as Appendix X] 

■ 5. Appendix X1 to subpart B of part 

430 is redesignated as appendix X. 

■ 6. Redesignated appendix X to subpart 

B of part 430 is amended by revising the 

Note after the heading to read as 

follows: 

Appendix X to Subpart B of Part 430– 

Uniform Test Method for Measuring the 

Energy Consumption of Dehumidifiers 

Note: After August 6, 2014, any 

representations made with respect to the 

energy use or efficiency of dehumidifiers 

must be made in accordance with the results 

of testing pursuant to this appendix. After 

this date, if a manufacturer elects to make 

representations with regard to standby mode 

and off mode energy consumption, then 

testing must also include the provisions of 

this appendix related to standby mode and 

off mode energy consumption. 

* * * * * 

[FR Doc. 2014–02355 Filed 2–6–14; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. FAA–2013–0942; Special 

Conditions No. 25–515–SC] 

Special Conditions: Bombardier 

Aerospace Inc., Models BD–500–1A10 

and BD–500–1A11 Series Airplanes; 

Autobraking System Loads 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions. 

SUMMARY: These special conditions are 

issued for the Bombardier Aerospace 

Inc. Models BD–500–1A10 and BD– 

500–1A11 series airplanes. These 

airplanes will have novel or unusual 

design features associated with the 

autobraking system for use during 

landing. 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 

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Federal Register / Vol. 79, No. 26 / Friday, February 7, 2014 / Rules and Regulations 7371 

equivalent to that established by the 

existing airworthiness standards. 

DATES: Effective Date: March 10, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Mark Freisthler, FAA, Airframe and 

Cabin Safety Branch, ANM–115 

Transport Airplane Directorate, Aircraft 

Certification Service, 1601 Lind Avenue 

SW., Renton, Washington 98057–3356; 

telephone 425–227–1119; facsimile 

425–227–1232. 

SUPPLEMENTARY INFORMATION: 

Background 

On December 10, 2009, Bombardier 

Inc. applied for a type certificate for 

their new Models BD–500–1A10 and 

BD–500–1A1 series airplanes (hereafter 

collectively referred to as ‘‘C-series’’). 

The C-series airplanes are swept-wing 

monoplanes with an aluminum alloy 

fuselage sized for 5-abreast seating. 

Passenger capacity is designated as 110 

for the Model BD–500–1A10 and 125 for 

the Model BD–500–1A11. Maximum 

takeoff weight is 131,000 pounds for the 

Model BD–500–1A10 and 144,000 

pounds for the Model BD–500–1A11. 

Type Certification Basis 

Under the provisions of Title 14, Code 

of Federal Regulations (14 CFR) 21.17, 

Bombardier Inc. must show that the Cseries airplanes meet the applicable 

provisions of part 25, as amended by 

Amendment 25–1 through 25–129. 

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 C-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, the special conditions 

would also apply to the other model 

under § 21.101. 

In addition to the applicable 

airworthiness regulations and special 

conditions, the C-series airplanes must 

comply with the fuel vent and exhaust 

emission requirements of 14 CFR part 

34 and the noise certification 

requirements of 14 CFR part 36, and the 

FAA must issue a finding of regulatory 

adequacy under section 611 of Public 

Law 92–574, the ‘‘Noise Control Act of 

1972.’’ 

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 

§ 21.17(a)(2). 

Novel or Unusual Design Features 

The C-series airplanes will 

incorporate the following novel or 

unusual design features: The C-series 

airplanes will have an autobrake system. 

This is a pilot-selectable function that 

allows earlier maximum braking at 

landing without pilot pedal input. 

When the autobrake system is armed 

before landing, it automatically 

commands maximum braking at main 

wheels touchdown. Normal procedures 

remain unchanged and call for manual 

braking after nose wheel touchdown. 

Discussion 

Section 25.493 addresses braked roll 

loads but does not contain a specific 

‘‘pitchover’’ requirement addressing the 

loading on the nose gear, the nose gear 

surrounding structure, and the forward 

fuselage. Moreover, § 25.493 specifies 

airplane attitudes in accordance with 

figure 6 of appendix A to part 25, which 

are level landing attitudes. For airplanes 

with traditional braking systems, the 

current ground load requirements are 

considered adequate for the design of 

the nose gear and airframe structure. 

However, the C-Series airplane 

autobrake system, which could apply 

maximum braking at the main wheels 

with the airplane in a tail-down attitude 

well before the nose touches down, will 

cause a high nose gear sink rate and 

potentially higher gear and airframe 

loads. 

Part 25 does not contain adequate 

requirements to address the potentially 

higher structural loads that could result 

from this type of braking system. In 

addition, the effects on fatigue covered 

by § 25.571 also need to be considered. 

Therefore, FAA has determined that 

additional airworthiness standards are 

needed for the certification of this 

unusual design feature. These special 

conditions propose airworthiness 

standards for the certification of the Cseries airplanes with an autobrake 

system. 

Discussion of Comments 

Notice of proposed special conditions 

No. FAA–2013–0942 for the Bombardier 

C-series airplanes was published in the 

Federal Register on November 12, 2013 

(78 FR 67321). No comments were 

received, and the special conditions are 

adopted as proposed. 

Applicability 

As discussed above, these special 

conditions are applicable to the Models 

BD–500–1A10 and BD–500–1A11 series 

airplanes. Should Bombardier Inc. apply 

at a later date for a change to the type 

certificate to include another model 

incorporating the same novel or unusual 

design feature, the special conditions 

would apply to that model as well. 

Conclusion 

This action affects only certain novel 

or unusual design features on one series 

of airplanes. It is not a rule of general 

applicability. 

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. 

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 Bombardier Inc. 

Models BD–500–1A10 and BD–500– 

1A11 series airplanes. 

Autobraking System Loads. A landing 

pitchover condition must be addressed 

that takes into account the effect of the 

autobrake system. The airplane is 

assumed to be at the design maximum 

landing weight, or at the maximum 

weight allowed with the autobrake 

system on. The airplane is assumed to 

land in a tail-down attitude at the 

speeds defined by § 25.481. Following 

main gear contact, the airplane is 

assumed to rotate about the main gear 

wheels at the highest pitch rate 

generated by the autobrake system. This 

is considered a limit load condition 

from which ultimate loads must also be 

determined. Loads must be determined 

for a critical fuel and payload 

distribution and centers of gravity. Nose 

gear loads, as well as airframe loads, 

must be determined. The airplane must 

support these loads as described in 

§ 25.305. 

In addition to the above airworthiness 

standards, fatigue loads must also be 

determined and applied in accordance 

to § 25.571. 

Issued in Renton, Washington, on January 

31, 2014. 

John P. Piccola, Jr., 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2014–02613 Filed 2–6–14; 8:45 am] 

BILLING CODE 4910–13–P 

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