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Rules and Regulations Federal Register

11857 

Vol. 80, No. 43 

Thursday, March 5, 2015 

DEPARTMENT OF ENERGY 

10 CFR Part 431 

[Docket No. EERE–2011–BT–STD–0029] 

RIN 1904–AC47 

Energy Conservation Program for 

Certain Industrial Equipment: Energy 

Conservation Standards and Test 

Procedures for Commercial Heating, 

Air-Conditioning, and Water-Heating 

Equipment; Correction 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Final rule; technical correction. 

SUMMARY: On May 16, 2012, the U.S. 

Department of Energy (DOE) published 

a final rule in the Federal Register that 

amended the energy conservation 

standards and test procedures for 

certain commercial heating, airconditioning, and water-heating 

equipment. Due to a drafting error, there 

was a typographical error (i.e., an 

incorrect symbol) for one equipment 

class of computer room air conditioners 

in a table to the applicable test 

procedure provision. This final rule 

rectifies this error. 

DATES: Effective: March 5, 2015. The 

incorporation by reference of certain 

publications listed in the rule was 

approved by the Director of the Federal 

Register as of July 16, 2012. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Ashley Armstrong, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies Office, Mailstop EE–5B, 

1000 Independence Avenue SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–6590. Email: 

Ashley.Armstrong@ee.doe.gov. 

Mr. Eric Stas, U.S. Department of 

Energy, Office of the General Counsel, 

GC–33, 1000 Independence Avenue 

SW., Washington, DC 20585–0121. 

Telephone: (202) 586–9507. Email: 

Eric.Stas@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On May 16, 2012, DOE’s Office of 

Energy Efficiency and Renewable 

Energy published an energy 

conservation standards and test 

procedure final rule in the Federal 

Register titled, ‘‘Energy Conservation 

Standards and Test Procedures for 

Commercial Heating, Air-Conditioning, 

and Water-Heating Equipment’’ 

(hereafter referred to as the ‘‘May 2012 

final rule’’). 77 FR 28928. Since the 

publication of that final rule, it has 

come to DOE’s attention that, due to a 

technical oversight, the May 2012 final 

rule incorrectly included a 

typographical error regarding the 

symbol for one equipment class of the 

subject computer room air conditioners, 

which made it appear that there was 

more than one entry for that equipment 

class in the table showing the 

compliance date for use of the 

applicable test procedure. This final 

rule corrects this error, thereby 

eliminating the duplicative listing. 

II. Need for Correction 

As published, the May 2012 final rule 

mischaracterizes one computer room air 

conditioner equipment class in the table 

showing the compliance date for use of 

the applicable test procedure. In the 

May 2012 final rule, Table 2 on page 

28990 contains a typographical error in 

the third column (‘‘Cooling capacity’’) 

for the equipment type, Computer Room 

Air Conditioners. The entry for the 

second line, ‘‘<65,000 Btu/h and 

<760,000 Btu/h,’’ should be corrected to 

read ‘‘≥65,000 Btu/h and <760,000 Btu/ 

h.’’ At no place in the May 2012 final 

rule did DOE discuss any intention to 

have two separate entries for computer 

room air conditioners <65,000 Btu/h in 

the test procedure, and DOE notes that 

this was a typographical error in the 

final rule as published in the Federal 

Register. Thus, the table has been 

corrected to eliminate this error. 

Accordingly, DOE finds that there is 

good cause under 5 U.S.C. 553(b)(B) to 

not issue a separate notice to solicit 

public comment on the changes 

contained in this document. Issuing a 

separate document to solicit public 

comment would be impractical, 

unnecessary, and contrary to the public 

interest. 

III. Procedural Requirements 

DOE has concluded that the 

determinations made pursuant to the 

various procedural requirements 

applicable to the May 16, 2012 energy 

conservation standards and test 

procedure final rule for certain 

commercial heating, air-conditioning, 

and water-heating equipment remain 

unchanged for this final rule technical 

correction. These determinations are set 

forth in the May 16, 2012 final rule. 77 

FR 28928, 28983–86. 

List of Subjects in 10 CFR Part 431 

Administrative practice and 

procedure, Confidential business 

information, Incorporation by reference, 

Energy conservation, Reporting and 

recordkeeping requirements. 

Issued in Washington, DC on February 26, 

2015. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

For the reasons set forth in the 

preamble, DOE amends part 431 of 

Chapter II, Subchapter D, of Title 10 of 

the Code of Federal Regulations as set 

forth below: 

PART 431—ENERGY EFFICIENCY 

PROGRAM FOR CERTAIN 

COMMERCIAL AND INDUSTRIAL 

EQUIPMENT 

■ 1. The authority citation for part 431 

continues to read as follows: 

Authority: 42 U.S.C. 6291–6317. 

■ 2. Revise Table 2 in § 431.96(b)(2) to 

read as follows: 

§ 431.96 Uniform test method for the 

measurement of energy efficiency of 

commercial air conditioners and heat 

pumps. 

* * * * * 

(b) * * * 

(2) * * * 

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11858 Federal Register / Vol. 80, No. 43 / Thursday, March 5, 2015 / Rules and Regulations 

TABLE 2 TO § 431.96—TEST

PROCEDURES FOR

COMMERCIAL

AIR

CONDITIONERS AND

HEAT

PUMPS

Equipment type Category Cooling capacity 

Energy 

efficiency 

descriptor 

Compliance with 

test procedure 

required on or 

after 

Use tests, conditions, and 

procedures 1 in 

Small Commercial Packaged Air-Conditioning and Heating Equipment. Air-Cooled, 3-Phase, AC and HP. <65,000 Btu/h ...................................... SEER and HSPF ....... May 13, 2013 ....... AHRI 210/240–2008 (omit section 6.5). 

Air-Cooled AC and HP ........ ≥65,000 Btu/h and <135,000 Btu/h ..... EER and COP ........... May 13, 2013 ....... AHRI 340/360–2007 (omit 

section 6.3). 

Water-Cooled and Evaporatively-Cooled AC. <65,000 Btu/h ...................................... EER ........................... May 13, 2013 ....... AHRI 210/240–2008 (omit section 6.5). 

≥65,000 Btu/h and <135,000 Btu/h ..... EER ........................... May 13, 2013 ....... AHRI 340/360–2007 (omit 

section 6.3). 

Water-Source HP ................. <135,000 Btu/h .................................... EER and COP ........... May 13, 2013 ....... ISO Standard 13256–1 

(1998). 

Large Commercial Packaged Air-Conditioning and Heating Equipment. Air-Cooled AC and HP ........ ≥135,000 Btu/h and <240,000 Btu/h ... EER and COP ........... May 13, 2013 ....... AHRI 340/360–2007 (omit section 6.3). 

Water-Cooled and Evaporatively-Cooled AC.

≥135,000 Btu/h and <240,000 Btu/h ... EER ........................... May 13, 2013 ....... AHRI 340/360–2007 (omit 

section 6.3). 

Very Large Commercial Packaged AirConditioning and Heating Equipment. Air-Cooled AC and HP ........ ≥240,000 Btu/h and <760,000 Btu/h ... EER and COP ........... May 13, 2013 ....... AHRI 340/360–2007 (omit section 6.3). 

Water-Cooled and Evaporatively-Cooled AC.

≥240,000 Btu/h and <760,000 Btu/h ... EER ........................... May 13, 2013 ....... AHRI 340/360–2007 (omit 

section 6.3). 

Packaged Terminal Air Conditioners 

and Heat Pumps.

AC and HP ........................... <760,000 Btu/h .................................... EER and COP ........... May 13, 2013 ....... AHRI 310/380–2004 (omit 

section 5.6). 

Computer Room Air Conditioners ......... AC ........................................ <65,000 Btu/h ...................................... SCOP ........................ October 29, 2012 ASHRAE 127–2007 (omit 

section 5.11). 

≥65,000 Btu/h and <760,000 Btu/h ..... SCOP ........................ May 13, 2013 ....... ASHRAE 127–2007 (omit 

section 5.11). 

Variable Refrigerant Flow Multi-split 

Systems.

AC ........................................ <760,000 Btu/h .................................... EER and COP ........... May 13, 2013 ....... AHRI 1230–2010 (omit sections 5.1.2 and 6.6). 

Variable Refrigerant Flow Multi-split 

Systems, Air-cooled.

HP ........................................ <760,000 Btu/h .................................... EER and COP ........... May 13, 2013 ....... AHRI 1230–2010 (omit sections 5.1.2 and 6.6). 

Variable Refrigerant Flow Multi-split 

Systems, Water-source.

HP ........................................ <17,000 Btu/h ...................................... EER and COP ........... October 29, 2012 AHRI 1230–2010 (omit sections 5.1.2 and 6.6). 

Variable Refrigerant Flow Multi-split 

Systems, Water-source.

HP ........................................ ≥17,000 Btu/h and <760,000 Btu/h ..... EER and COP ........... May 13, 2013 ....... AHRI 1230–2010 (omit sections 5.1.2 and 6.6). 

Single Package Vertical Air Conditioners and Single Package Vertical 

Heat Pumps.

AC and HP ........................... <760,000 Btu/h .................................... EER and COP ........... July 16, 2012 ....... AHRI 390–2003 (omit section 6.4). 

1 Incorporated by reference, see § 431.95. 

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Federal Register / Vol. 80, No. 43 / Thursday, March 5, 2015 / Rules and Regulations 11859 

* * * * * 

[FR Doc. 2015–05061 Filed 3–4–15; 08:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. FAA–2014–0383; Special 

Conditions No. 25–578–SC] 

Special Conditions: Bombardier 

Aerospace, Models BD–500–1A10 and 

BD–500–1A11 Series Airplanes; 

Alternate Fuel Tank Structural 

Lightning Protection Requirements 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions. 

SUMMARY: These special conditions are 

issued for the Bombardier Aerospace 

Models BD–500–1A10 and BD–500– 

1A11 series airplanes. These airplanes 

will 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 a nitrogen generation system (NGS) 

for all fuel tanks that actively reduces 

flammability exposure within the fuel 

tanks significantly below that required 

by the fuel tank flammability 

regulations. Among other benefits, the 

NGS significantly reduces the potential 

for fuel vapor ignition caused by 

lightning strikes. 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 

Bombardier Aerospace on April 6, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Margaret Langsted, FAA, Propulsion 

and Mechanical Systems Branch, ANM– 

112, Transport Airplane Directorate, 

Aircraft Certification Service, 1601 Lind 

Avenue SW., Renton, Washington, 

98057–3356; telephone 425–227–2677; 

facsimile 425–227–1149. 

SUPPLEMENTARY INFORMATION: 

Background 

On December 10, 2009, Bombardier 

Aerospace applied for a type certificate 

for their new Models BD–500–1A10 and 

BD–500–1A11 series airplanes (hereafter 

collectively referred to as ‘‘CSeries’’). 

The CSeries airplanes are swept-wing 

monoplanes with a composite wing fuel 

tank structure and an aluminum alloy 

fuselage that is 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 Aerospace must show that 

the CSeries airplanes meet the 

applicable provisions of part 25 as 

amended by Amendments 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 CSeries 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 or similar 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 CSeries 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 § 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. 

Novel or Unusual Design Features 

The CSeries airplanes will incorporate 

the following novel or unusual design 

feature: A fuel tank nitrogen generation 

system (NGS) that is intended to control 

fuel tank flammability for all fuel tanks. 

This NGS is designed to provide a level 

of performance to all fuel tanks of the 

CSeries airplanes that applies the more 

stringent standard for warm day 

flammability performance applicable to 

normally emptied tanks within the 

fuselage contour from § 25.981(b) and 

appendix M to part 25. An NGS actively 

reduces flammability exposure within 

the fuel tanks significantly below that 

required by the fuel tank flammability 

regulations. Among other benefits, the 

NGS significantly reduces the potential 

for fuel vapor ignition caused by 

lightning strikes. This high level of NGS 

performance for all fuel tanks is a novel 

or unusual design feature compared to 

the state of technology envisioned in the 

airworthiness standards for transport 

category airplanes. 

Discussion 

The certification basis of the CSeries 

airplanes includes § 25.981, as amended 

by Amendment 25–125, as required by 

14 CFR 26.37. This amendment includes 

the ignition prevention requirements in 

§ 25.981(a), as amended by Amendment 

25–102, and it includes revised 

flammability limits for all fuel tanks and 

new specific limitations on flammability 

for all fuel tanks as defined in 

§ 25.981(b), as amended by Amendment 

25–125. 

Ignition Source Prevention 

Section 25.981(a)(3) requires 

applicants to show that an ignition 

source in the fuel tank system could not 

result from any single failure, from any 

single failure in combination with any 

latent failure condition not shown to be 

extremely remote, or from any 

combination of failures not shown to be 

extremely improbable. This requirement 

was originally adopted in Amendment 

25–102, and it requires the assumption 

that the fuel tanks are always flammable 

when showing that the probability of an 

ignition source being present is 

extremely remote. (Amendment 25–102 

included § 25.981(c) that required 

minimizing fuel tank flammability, and 

this was defined in the preamble as 

being equivalent to unheated aluminum 

fuel tanks located in the wing.) This 

requirement defines three types of 

scenarios that must be addressed in 

order to show compliance with 

§ 25.981(a)(3). The first scenario is that 

any single failure, regardless of the 

probability of occurrence of the failure, 

must not cause an ignition source. The 

second scenario is that any single 

failure, regardless of the probability of 

occurrence, in combination with any 

latent failure condition not shown to be 

at least extremely remote, must not 

cause an ignition source. The third 

scenario is that any combination of 

failures not shown to be extremely 

improbable must not cause an ignition 

source. Demonstration of compliance 

with this requirement would typically 

require a structured, quantitative safety 

analysis. Design areas that have latent 

failure conditions typically would be 

driven by these requirements to have 

multiple fault tolerance, or ‘‘triple 

redundancy.’’ This means that ignition 

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