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 

### 17531

Vol. 82, No. 69

Wednesday, April 12, 2017

**DEPARTMENT OF AGRICULTURE**

**Grain Inspection, Packers and Stockyards Administration** 

**9 CFR Part 201**

**RIN 0580–AB25**

**Scope of Sections 202(a) and (b) of the Packers and Stockyards Act** 

**AGENCY :**  Grain Inspection, Packers and Stockyards Administration, USDA.

**ACTION :**  Interim final rule; notice of delay of effective date.

**SUMMARY :**  The United States Department of Agriculture’s (USDA) Grain Inspection, Packers and Stockyards Administration (GIPSA) is delaying the effective date of the rule published on December 20, 2016, for an additional six months to October 19, 2017, in response
to a comment received from a national general farm organization that requested
an extension of time and to allow time for further consideration by USDA. The effective date for this rule was originally February 21, 2017, and subsequently delayed to April 22, 2017, by a document published in the Federal Register on February 7, 2017. The interim final rule addresses the scope of sections 202(a) and (b) of the Packers and Stockyards Act, 1921, as amended and supplemented (P&S Act) in order to clarify that conduct or action may violate sections 202(a) and (b) of the P&S Act without adversely affecting, or having a likelihood of adversely affecting, competition.

**DATES :**  The effective date for the interim final rule amending 9 CFR part 201, published at 81 FR 92566, December 20, 2016, delayed at 82 FR 9489, February 7, 2017, is further delayed until October

19, 2017.

**FOR FURTHER INFORMATION CONTACT :**  S. Brett Offutt, Director, Litigation and Economic Analysis Division, P&SP, GIPSA, 1400 Independence Ave. SW., Washington, DC 20250, (202) 720–7051, s.brett.offutt@usda.gov. **SUPPLEMENTARY INFORMATION :**  Consistent with the memorandum of January 20, 2017, to the heads of executive departments and agencies from the
Assistant to the President and Chief of Staff entitled ‘‘Regulatory Freeze Pending Review,’’ on February 7, 2017, GIPSA extended the public comment period and delayed the effective date of the interim final rule entitled ‘‘Scope of sections 202(a) and (b) of the Packers and Stockyards Act’’ that was published
in the Federal Register on December 20, 2016, 81 FR 92566. The comment period was extended at that time to March 24, 2017, and the effective date delayed to April 22, 2017.

Given the significant public interest in this rule, GIPSA has found that the initial delay of the effective date to April 22, 2017, will likely not provide sufficient time for USDA to adequately
consider all comments received and make informed policy decisions regarding this rule. GIPSA is therefore further delaying the effective date of this rule an additional 180 days to October 19, 2017. In addition, GIPSA will publish a proposed rule that solicits public comments on the direction that USDA should take with respect to the rule. The public will have a 60-day comment period to specify whether USDA should (1) let the rule become effective, (2) suspend the rule indefinitely, (3) delay the effective date of the rule further, or (4) withdraw the
rule.

As published, this interim final rule states the USDA’s long held interpretation that not all violations of the P&S Act require a showing of harm or likely harm to competition. Section 201.3(a) specifically provides that the scope of section 202(a) and (b) encompasses conduct or action that, depending on their nature and the circumstances, can be found to violate the P&S Act without a finding of harm or likely harm to competition. This interim final rule finalizes a proposed § 201.3(c) that GIPSA published on June 22, 2010, 75 FR 35338, with slight
modifications in order to allow additional public comment on these provisions.

To the extent that 5 U.S.C. 553(b)(A) applies to this action, it is exempt from notice and comment rulemaking for good cause and for reasons cited above,
GIPSA finds that notice and solicitation of comment regarding the extension of the effective date of the interim final rule are impracticable, unnecessary, or contrary to the public interest pursuant to 5 U.S.C. 553(b)(B). The delay of the effective date until October 19, 2017, should give GIPSA sufficient time to receive and consider public comments and to take action on the disposition of the IFR. Delaying the effective date
would also reduce confusion or uncertainty for the industry while GIPSA determines the appropriate final disposition of the IFR. GIPSA believes that affected parties need to be informed as soon as possible of the extension and its length.

Randall D. Jones, Acting Administrator, Grain Inspection, Packers and Stockyards Administration.

[FR Doc. 2017–07360 Filed 4–11–17; 8:45 am]

**BILLING CODE 3410–KD–P**

**DEPARTMENT OF TRANSPORTATION**

**Federal Aviation Administration**

**14 CFR Part 25**

**[Docket No. FAA–2016–4158; Special Conditions No. 25–656–SC]** 

**Special Conditions: Bombardier Inc.**

**Model BD–700–2A12 and BD–700– 2A13 Airplanes; Fuselage In-Flight Fire**  **Safety and Flammability Resistance of**
**Aluminum-Lithium Material**

**AGENCY :**  Federal Aviation Administration (FAA), DOT.

**ACTION :**  Final special conditions.

**SUMMARY :**  These special conditions are
issued for the Bombardier Inc. (Bombardier) Model BD–700–2A12 and BD–700–2A13 airplanes. These airplanes will have a novel or unusual design feature when compared to the state of technology envisioned in theairworthiness standards for transportcategory airplanes. This design featureis a fuselage fabricated using aluminumlithium materials instead of conventional aluminum. The applicable airworthiness regulations do not contain adequate or appropriate fire-safety standards for this design feature. These special conditions contain the additional fire-safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing
airworthiness standards.


### 17532 Federal Register / Vol. 82, No. 69 / Wednesday, April 12, 2017 / Rules and Regulations

**DATES :**  Effective May 12, 2017.

**FOR FURTHER INFORMATION CONTACT :**  Alan Sinclair, FAA, Airframe and Cabin Safety Branch, ANM–115, Transport Airplane Directorate, Aircraft Certification Service, 1601 Lind Avenue SW., Renton, Washington, 98057–3356; telephone 425–227–2195; facsimile

425–227–1320.

**SUPPLEMENTARY INFORMATION :** 
Background

On May 30, 2012, Bombardier applied for an amendment to Type Certificate
No. T00003NY to include the new
Model BD–700–2A12 and BD–700– 2A13 airplanes. These airplanes are
derivatives of the Model BD–700 series of airplanes and are marketed as the Bombardier Global 7000 (Model BD– 700–2A12) and Global 8000 (Model BD–700–2A13). These airplanes are twinengine, transport-category, executiveinterior business jets. The maximum passenger capacity is 19 and the maximum takeoff weights are 106,250 lb. (Model BD–700–2A12) and 104,800 lb. (Model BD–700–2A13).

Type Certification Basis

Under the provisions of Title 14, Code of Federal Regulations (14 CFR) 21.101,
Bombardier must show that the Model
BD–700–2A12 and BD–700–2A13 airplanes meet the applicable provisions of the regulations listed in Type Certificate No. T00003NY, or the applicable regulations in effect on the date of application for the change, except for earlier amendments as agreed upon by the FAA.

In addition, the certification basis includes other regulations, special conditions, and exemptions that are not relevant to these special conditions. Type Certificate No. T00003NY will be updated to include a complete description of the certification basis for these airplane models.

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 BD–700–2A12 and BD– 700–2A13 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 BD–700–2A12 and BD–700–2A13 airplanes mustcomply with the fuel-vent and exhaustemission requirements of 14 CFR part 34, and the noise-certification 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 Feature

Bombardier Model BD–700–2A12 and BD–700–2A13 airplanes will incorporate the following novel or unusual design feature: The fuselagewill be fabricated using aluminumlithium alloy materials instead of
conventional aluminum.

Discussion

The Bombardier Model BD–700–2A12 and BD–700–2A13 airplanes will be fabricated using aluminum-lithium materials. The performance of airplanes consisting of a conventional aluminum fuselage, in an in-flight, inaccessible-fire scenario, is understood based on service history, and extensive intermediate- and large-scale fire testing. Experience has shown that eliminating fire propagation
of the interior and insulation materials tends to increase survivability because other aspects of in-flight fire safety ( e.g., toxic-gas emission and smoke obscuration) are typically byproducts of the propagating fire. The fuselage itself does not contribute to in-flight fire propagation. This may not be the case for a fuselage fabricated from aluminum-lithium materials. Therefore, special conditions are necessary so that
the Model BD–700–2A12 and BD–700– 2A13 airplanes provide protection against in-flight fires propagating along the surface of the fuselage.

In the past, fatal in-flight fires have originated in inaccessible areas of airplanes where thermal or acoustic insulation was located adjacent to the airplane’s aluminum fuselage skin.
Research revealed that this area has been the path for flame propagation and fire growth. The FAA determined, in five incidents in the 1990s, that unexpected flame spread along thermal and acoustic insulation-film covering material, raising concerns about the fire performance of this material. In all cases, the ignition source was relatively modest and, in most cases, was electrical in origin ( e.g., electrical short circuit, arcing caused by chafed wiring, ruptured ballast case, etc.).

In 1996, the FAA Technical Center began a program to develop new fire-test criteria for insulation films directly relating to in-flight fire resistance. This development program resulted in a new test method—the radiant-panel test—
and also resulted in test criteria specifically established for improving the in-flight fire ignition and flame propagation of thermal and acousticinsulation materials based on actual, onboard fire scenarios.

The FAA determined that a test
similar to the test for the measurement of insulation burnthrough resistance (14 CFR part 25, Appendix F, Part VII, ‘‘Test Method to Determine the Burnthrough
Resistance of Thermal/Acoustic Insulation Materials’’) could be used to assess the flammability characteristicsof the proposed fuselage aluminumlithium material. The only change to the test is the size of the sample and the sample holder, to accommodate panels of the fuselage material.

Bombardier must use the test method contained in Part VII of Appendix F, Test Method, for determining theburnthrough resistance of thermalacoustic insulation materials, with the slight changes to the sample size and sample holder, as described in these special conditions, to show that the aluminum-lithium material complies with applicable requirements.

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.

Discussion of Comments

Notice of Proposed Special
Conditions No. 25–16–06–SC for the
Bombardier Model BD–700–2A12 and BD–700–2A11 airplanes was published
in the Federal Register on October 26, 2016 (81 FR 74348). One comment was
received.

The commenter acknowledged that the use of the aluminum-lithium alloy would require full certification to the existing regulations. However, they
contend that the material is not novel and unusual and does not require special conditions.

The FAA does not agree. While it is true that, with materials presently tested, the proposed aluminum-lithium alloy does not appear to pose a significant risk, the existing regulations and guidance do not adequately address the use of this specific alloy technology.

Therefore, special conditions are required until the regulations are amended to provide sufficient


### 17533 Federal Register / Vol. 82, No. 69 / Wednesday, April 12, 2017 / Rules and Regulations

requirements for the application of this new alloy technology.

Applicability

As discussed above, these special conditions are applicable to Bombardier
Model BD–700–2A12 and BD–700– 2A13 airplanes. Should Bombardier 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 the other
model as well.

Conclusion

This action affects only a certain novel or unusual design feature on
Bombardier Model BD–700–2A12 and BD–700–2A13 airplanes. It is not a rule of general applicability and affects only the applicant who applied to FAA for approval of this feature on the airplane.

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 Model BD–700– 2A12 and BD–700–2A13 airplanes.

1. Bombardier must demonstrate that
the aluminum-lithium material has equal or better flammability-resistance characteristics than the aluminum-alloy sheet material typically used as skin material on similar airplanes.

2. The test set-up and methodology
must be in accordance with the tests described in 14 CFR part 25, Appendix F, Part VII, except for the following.

a. Each test sample must consist of a flat test specimen. A set of three samples of aluminum-lithium sheet
material must be tested. The size of each sample must be 16 inches wide by 24 inches long by 0.063 inch thick.

b. The test samples must be installed
into a steel-sheet subframe with outside dimensions of 18 inches by 32 inches. The subframe must have a 14.5-inch by 22.5-inch opening cut into it. The tests samples must be mounted onto the subframe using 0.250–20 UNC threaded
bolts.

c. Test specimens must be
conditioned at 70 °F + 5 °F, and 55%

+ 5% humidity, for at least 24 hours before testing.

3. The aluminum-lithium material must not ignite during any of the tests. Issued in Renton, Washington, on April 3,

2017. Michael Kaszycki, Assistant Manager, Transport Airplane Directorate, Aircraft Certification Service.

[FR Doc. 2017–07326 Filed 4–11–17; 8:45 am]

**BILLING CODE 4910–13–P**

**DEPARTMENT OF TRANSPORTATION**

**Federal Aviation Administration**

**14 CFR Part 39**

**[Docket No. FAA–2014–0651; Directorate Identifier 2014–NM–043–AD; Amendment**  **39–18850; AD 2017–08–01]**

**RIN 2120–AA64**

**Airworthiness Directives; Gulfstream Aerospace Corporation Airplanes** 

**AGENCY :**  Federal Aviation Administration (FAA), DOT.

**ACTION :**  Final rule.

**SUMMARY :**  We are superseding Airworthiness Directive (AD) 2013–22– 19 for all Gulfstream Aerospace Corporation Model GV and GV–SP airplanes. AD 2013–22–19 required inspecting to determine if fuel boost pumps having a certain part number were installed, replacing the fuel boost pumps having a certain part number, and revising the airplane maintenance program to include revised Instructions
for Continued Airworthiness. This new AD reduces the compliance time for revising the airplane maintenance or inspection program. This AD was prompted by reports of two independent types of failure of the fuel boost pump with overheat damage found on the internal components and external housing on one of the failure types, and fuel leakage on the other. We are issuing
this AD to address the unsafe condition on these products.

**DATES :**  This AD is effective May 17,

2017.

The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of May 17, 2017.

The Director of the Federal Register approved the incorporation by reference of certain other publications listed in this AD as of January 7, 2014 (78 FR 72554, December 3, 2013).

**ADDRESSES :**  For Gulfstream, Triumph Aerostructures, and General Electric
Aviation service information identified in this final rule, contact Gulfstream Aerospace Corporation, Technical Publications Dept., P.O. Box 2206, Savannah, GA 31402–2206; telephone 800–810–4853; fax 912 965–3520; email pubs@gulfstream.com; Internet http:// www.gulfstream.com/product

_support/
technical

_

pubs/pubs/index.htm. 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–2014–

0651.

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–2014– 0651; 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 :**  Ky Phan, Aerospace Engineer, Propulsion and Services Branch, ACE–118A, FAA, Atlanta ACO, 1701 Columbia Avenue, College Park, GA 30337; phone: 404– 474–5536; fax: 404–474–5606; email: ky.phan@faa.gov.

**SUPPLEMENTARY INFORMATION :** 

Discussion

We issued a supplemental notice of proposed rulemaking (SNPRM) to amend 14 CFR part 39 to supersede AD 2013–22–19, Amendment 39–17651 (78 FR 72554, December 3, 2013) (‘‘AD 2013–22–19’’). AD 2013–22–19 applied to all Gulfstream Aerospace Corporation Model GV and GV–SP airplanes. The SNPRM published in the Federal Register on December 24, 2015 (80 FR 80295). We preceded the SNPRM with a notice of proposed rulemaking (NPRM) that published in the Federal Register on October 1, 2014 (79 FR 59162) (‘‘the NPRM’’). The NPRM proposed to supersede AD 2013–22–19. The NPRM was prompted by reports of two independent types of failure of the fuel boost pump with overheat damage on the internal components and external housing on one of the failure types, and fuel leakage on the other. The SNPRM proposed to reduce the compliance time for revising the airplane maintenance or inspection program. We are issuing this