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 the 

airworthiness standards for transportcategory airplanes. This design feature 

is 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. 


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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 must 

comply 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 fuselage 

will 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 acoustic 

insulation 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 characteristics 

of 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 the 

burnthrough 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 


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

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 


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