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 

### 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 forcertain 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) * * *


### 11858 Federal Register / Vol. 80, No. 43 / Thursday, March 5, 2015 / Rules and RegulationsTABLE2TO§ 431.96—TESTPROCEDURES FORCOMMERCIALAIRCONDITIONERS ANDHEATPUMPSEquipment typeCategoryCooling capacityEnergyefficiencydescriptorCompliance withtest procedurerequired on orafterUse tests, conditions, andprocedures1inSmall Commercial Packaged Air-Conditioning and Heating Equipment.Air-Cooled, 3-Phase, ACand HP.<65,000 Btu/h ...................................... SEER and HSPF ....... May 13, 2013 ....... AHRI 210/240–2008 (omitsection 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 (omitsection 6.3).Water-Cooled and Evaporatively-Cooled AC.<65,000 Btu/h ...................................... EER ........................... May 13, 2013 ....... AHRI 210/240–2008 (omitsection 6.5).≥65,000 Btu/h and <135,000 Btu/h ..... EER ........................... May 13, 2013 ....... AHRI 340/360–2007 (omitsection 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 (omitsection 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 (omitsection 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 (omitsection 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 (omitsection 6.3).Packaged Terminal Air Conditionersand Heat Pumps.AC and HP ........................... <760,000 Btu/h .................................... EER and COP ........... May 13, 2013 ....... AHRI 310/380–2004 (omitsection 5.6).Computer Room Air Conditioners ......... AC ........................................ <65,000 Btu/h ...................................... SCOP ........................ October 29, 2012 ASHRAE 127–2007 (omitsection 5.11).≥65,000 Btu/h and <760,000 Btu/h ..... SCOP ........................ May 13, 2013 ....... ASHRAE 127–2007 (omitsection 5.11).Variable Refrigerant Flow Multi-splitSystems.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-splitSystems, 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-splitSystems, 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-splitSystems, 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 VerticalHeat Pumps.AC and HP ........................... <760,000 Btu/h .................................... EER and COP ........... July 16, 2012 ....... AHRI 390–2003 (omit section 6.4).1Incorporated by reference, see § 431.95.


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

* * * * *

[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