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

7965 

Vol. 81, No. 31 

Wednesday, February 17, 2016 

1Section 3.2.3 of Appendix I contains the test 

measurement provisions for conventional range 

standby mode and off mode energy consumption. 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[Docket No. EERE–2011–BT–STD–0048] 

RIN 1904–AC07 

Energy Conservation Program: Energy 

Conservation Standards for Standby 

Mode and Off Mode for Microwave 

Ovens; Correction 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Final rule; correction. 

SUMMARY: On January 18, 2013, the U.S. 

Department of Energy (DOE) published 

a final rule amending the test 

procedures for microwave ovens to 

include provisions for measuring 

standby mode and off mode power. On 

June 17, 2013, DOE published a final 

rule adopting energy conservation 

standards for microwave oven standby 

mode. This document addresses a 

drafting error in the June 2013 standards 

final rule, which referenced the 

incorrect provision for determining 

standby power for microwave ovens. 

Neither the error nor the correction in 

this document affect the substance of 

both the test procedure and energy 

conservation standards rulemakings or 

any of the conclusions reached in 

support of those final rules. 

DATES: This correction is effective on 

February 17, 2016. 

FOR FURTHER INFORMATION CONTACT: Mr. 

John Cymbalsky, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies Office, EE–2J, 1000 

Independence Avenue SW., 

Washington, DC 20585–0121. 

Telephone: (202) 287–1692. Email: 

kitchen_ranges_and_ovens@ee.doe.gov. 

Ms. Celia Sher, U.S. Department of 

Energy, Office of the General Counsel, 

GC–33, 1000 Independence Avenue 

SW., Washington, DC 20585–0121. 

Telephone: (202) 287–6122. Email: 

Celia.Sher@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: DOE 

published a final rule in the Federal 

Register on January 18, 2013, which 

amended the test procedures for 

microwave ovens in Appendix I to 

include provisions for measuring 

standby mode and off mode power. 78 

FR 4015. The provisions for the 

microwave oven test standby mode and 

off mode power measurements are 

contained in section 3.2.4 of Appendix 

I. On June 17, 2013, DOE published a 

final rule (the ‘‘June 2013 standards 

final rule’’) to adopt energy conservation 

standards for microwave oven standby 

mode. 78 FR 36316. Due to a drafting 

error, in the June 2013 standards final 

rule, DOE amended 10 CFR 430.23 to 

add paragraph (i)(3) that incorrectly 

referenced section 3.2.3 1 of Appendix I 

instead of the correct section 3.2.4 for 

determining standby power for 

microwave ovens. This document 

amends 10 CFR 430.23(i)(3) to correctly 

reference section 3.2.4 of Appendix I for 

determining standby power for 

microwave ovens. 

Procedural Issues and Regulatory 

Review 

The regulatory reviews conducted for 

this rulemaking are those set forth in the 

June 2013 standards final rule that 

originally codified the relevant 

amendments to DOE’s test procedures 

for microwave ovens. The relevant 

amendments in the June 2013 standards 

final rule became effective August 16, 

2013. 

Pursuant to the Administrative 

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

determined that notice and prior 

opportunity for comment on this rule 

are unnecessary and contrary to the 

public interest. This rule contains a 

technical correction to remedy the error 

in the June 2013 standards final rule 

and to correct 10 CFR 430.23(i)(3) to 

reference section 3.2.4 of Appendix I for 

determining standby power for 

microwave ovens. The correction 

provides clarity as to the appropriate 

section of Appendix I to be used for 

determining standby power for 

microwave ovens and does not affect the 

substance or the conclusions reached in 

the June 2013 standards final rule. 

List of Subjects in 10 CFR Part 430 

Administrative practice and 

procedure, Confidential business 

information, Energy conservation, 

Household appliances, Imports, 

Intergovernmental relations, Small 

businesses. 

Issued in Washington, DC, on February 9, 

2016. 

Kathleen B. Hogan, 

Deputy Assistant Secretary, Energy Efficiency 

and Renewable Energy. 

For the reasons stated in the 

preamble, part 430 of title 10 of the 

Code of Federal Regulations is corrected 

by making the following correcting 

amendments: 

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. 

■ 2. Section 430.23 is amended by 

revising paragraph (i)(3) to read as 

follows: 

§ 430.23 Test procedures for the 

measurement of energy and water 

consumption. 

* * * * * 

(i) * * * 

(3) The standby power for microwave 

ovens shall be determined according to 

section 3.2.4 of appendix I to this 

subpart. The standby power shall be 

rounded off to the nearest 0.1 watt. 

* * * * * 

[FR Doc. 2016–03191 Filed 2–16–16; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. FAA–2014–1077; Special 

Conditions No. 25–609–SC] 

Special Conditions: Dassault Aviation 

Model Falcon 5X Airplane, Design Roll 

Maneuver Condition 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 


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7966 Federal Register / Vol. 81, No. 31 / Wednesday, February 17, 2016 / Rules and Regulations 

ACTION: Final special conditions; request 

for comments. 

SUMMARY: These special conditions are 

issued for the Dassault Aviation Model 

Falcon 5X airplane. This airplane will 

have novel or unusual design features 

when compared to the state of 

technology envisioned in the 

airworthiness standards for transportcategory airplanes. This design feature 

is electronic flight controls that affect 

maneuvering. 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 

Dassault Aviation on February 17, 2016. 

We must receive your comments by 

April 4, 2016. 

ADDRESSES: Send comments identified 

by docket number FAA–2014–1077 

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, ANM–115, 

Transport Airplane Directorate, Aircraft 

Certification Service, 1601 Lind Avenue 

SW., Renton, Washington 98057–3356; 

telephone 425–227–1119; facsimile 

425–227–1320. 

SUPPLEMENTARY INFORMATION: The FAA 

has determined that notice of, and 

opportunity for prior public comment 

on, these special conditions is 

impracticable because these procedures 

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 July 1, 2012, Dassault Aviation 

applied for a type certificate for their 

new Model Falcon 5X airplane. 

The Model Falcon 5X airplane is a 

transport-category airplane to be 

operated in private/corporate 

transportation with a maximum of 19 

passengers. The airplane incorporates a 

low, swept-wing design with winglets; 

twin rear-fuselage-mounted engines; 

and the newest generation of Dassault 

Aviation’s EASy flightdeck. 

The Model Falcon 5X will include 

electronic flight controls that affect 

maneuvering. 

Type Certification Basis 

Under the provisions of 14 CFR 21.17, 

Dassault Aviation must show that the 

Model Falcon 5X airplane meets the 

applicable provisions of part 25, as 

amended by Amendments 25–1 through 

25–136. 

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 Falcon 5X airplane 

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, 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 Falcon 5X 

airplane must comply with the fuel-vent 

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 

§ 21.17(a)(2). 

Novel or Unusual Design Features 

The Model Falcon 5X airplane will 

incorporate the following novel or 

unusual design feature: 

This airplane is equipped with an 

electronic flight-control system that 

provides control through pilot inputs to 

the flight computer, thereby affecting 

maneuverability of the airplane as 

compared to conventional control 

systems. 

Discussion 

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 may be caused 

by electronic flight controls. Because 

this type of system may affect flight 

loads, and therefore the structural 

capability of the airplane, specific 

regulations are needed to address these 

effects. 

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 Model 

Falcon 5X airplane. Should Dassault 

Aviation apply at a later date for a 


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Federal Register / Vol. 81, No. 31 / Wednesday, February 17, 2016 / Rules and Regulations 7967 

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 one model 

of airplane. 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, which is 

imminent, 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. 

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 Dassault Aviation Model 

Falcon 5X airplanes. 

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 

control-surface deflections, the torsional 

flexibility of the wing must be 

considered in accordance with 

§ 25.301(b). 

1. Conditions corresponding to steady 

rolling velocities must be investigated. 

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 February 

4, 2016. 

Michael Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2016–03212 Filed 2–16–16; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2015–0249; Directorate 

Identifier 2014–NM–174–AD; Amendment 

39–18393; AD 2016–03–06] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are superseding 

Airworthiness Directive (AD) 2012–18– 

05 for The Boeing Company Model DC– 

9–10, DC–9–20, DC–9–30, DC–9–40, and 

DC–9–50 series airplanes; and Model 

DC–9–81 (MD–81), DC–9–82 (MD–82), 

DC–9–83 (MD–83), DC–9–87 (MD–87), 

MD–88, and MD–90–30 airplanes; 

equipped with a center wing fuel tank 

and Boeing original equipment 

manufacturer-installed auxiliary fuel 

tanks. AD 2012–18–05 required adding 

design features to detect electrical faults 

and to detect a pump running in an 

empty fuel tank. Since we issued AD 

2012–18–05, we have determined that it 

is necessary to clarify the actions for 

airplanes on which the auxiliary fuel 

tanks are removed. This new AD allows 

certain actions as optional methods of 

compliance. This AD was prompted by 

our determination that it is necessary to 

clarify the actions for airplanes on 

which the auxiliary fuel tanks are 

removed. We are issuing this AD to 

reduce the potential of ignition sources 

inside fuel tanks, which, in combination 

with flammable fuel vapors, could result 

in fuel tank explosions and consequent 

loss of the airplane. 

DATES: This AD is effective March 23, 

2016. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of March 23, 2016. 

ADDRESSES: For service information 

identified in this final rule, contact 

Boeing Commercial Airplanes, 

Attention: Data & Services Management, 

3855 Lakewood Boulevard, MC D800– 

0019, Long Beach, CA 90846–0001; 

telephone 206–544–5000, extension 2; 

fax 206–766–5683; Internet https://

www.myboeingfleet.com. You may view 

this referenced service information at 

the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue SW., 

Renton, WA. For information on the 

availability of this material at the FAA, 

call 425–227–1221. It is also available 

on the Internet at http://

www.regulations.gov by searching for 

and locating Docket No. FAA–2015– 

0249. 

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–2015– 

0249; 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 address for the 

Docket Office (phone: 800–647–5527) is 

Docket Management Facility, U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE., Washington, 

DC 20590. 

FOR FURTHER INFORMATION CONTACT: Se ́rj 

Harutunian, Aerospace Engineer, 

Propulsion Branch, ANM–140L, FAA, 

Los Angeles Aircraft Certification Office 

(ACO), 3960 Paramount Boulevard, 

Lakewood, CA 90712–4137; phone: 

562–627–5254; fax: 562–627–5210; 

email: serj.harutunian@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 


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