Unknown. Final rule

5,978 words·~27 min read·/register/2007/06/15/07-2939

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2007-06-15.xml --- 72 115 Friday, June 15, 2007 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Farm Service Agency See Food Safety and Inspection Service See Forest Service Air Force Air Force Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 07-2952 33210-33211 07-2953 07-2954 Animal Animal and Plant Health Inspection Service PROPOSED RULES Plant-related quarantine, foreign:

Blueberries from South Africa, Uruguay, and Argentina; importation with cold treatment Correction, 33166 E7-11616 Antitrust Antitrust Division NOTICES Competitive impact statements and proposed consent judgments: Monsanto Co., 33336-33360 07-2897 Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Centers for Disease Control and Prevention NOTICES Meetings: Injury Prevention and Control Advisory Committee, 33229 E7-11555 Centers Centers for Medicare & Medicaid Services NOTICES Agency information collection activities; proposals, submissions, and approvals, E7-11467 33230-33231 E7-11468 Coast Guard Coast Guard RULES Drawbridge operations:

Massachusetts, 33156 E7-11550 Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.: Detroit River, Detroit, MI, 33156-33158 E7-11538 Lake St. Clair, Grosse Pointe Farms, MI, 33158-33160 E7-11553 Monterey Bay, CA, 33163 E7-11603 San Francisco Bay, CA, 33160-33163 E7-11602 PROPOSED RULES Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.: Detroit River, Detroit, MI, 33181-33184 E7-11535 St. Clair River, Marine City, MI, 33184-33186 E7-11536 St.

Marys River, Sault Ste. Marie, MI, 33186-33188 E7-11539 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 33201-33202 E7-11601 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, 33199-33201 E7-11568 E7-11569 Commodity Commodity Futures Trading Commission NOTICES Commodity Exchange Act:

Credit default options and credit default basket options; trading and clearing exemption Republication, 33205-33207 R7-2878 Copyright Copyright Office, Library of Congress NOTICES Copyright office and procedures: Cable compulsory license; specialty station list, 33251-33252 E7-11595 Defense Defense Department See Air Force Department PROPOSED RULES DOD Freedom of Information Act

(FOIA)Program; policy updates and implementation of Executive Order 13392, 33180-33181 07-2950 NOTICES Agency information collection activities; proposals, submissions, and approvals, 33207-33208 07-2951 Reports and guidance documents; availability, etc.: TRICARE over-the-counter drug demonstration project, 33208-33210 E7-11558 Disability Disability Employment Policy Office NOTICES Grants and cooperative agreements; availability, etc.: Transition and Employment for Youth with Disabilities National Technical Assistance Center; correction, 33251 E7-11562 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 33211-33212 E7-11579 E7-11580 Privacy Act; systems of records, 33213-33215 E7-11599 EPA Environmental Protection Agency PROPOSED RULES Solid wastes: Hazardous waste; identification and listing— Emission-comparable fuel; Resource Conservation and Recovery Act exclusion expansion, 33284-33334 E7-11130 NOTICES Agency information collection activities; proposals, submissions, and approvals, 33215-33220 E7-11572 E7-11573 E7-11577 Environmental statements; availability, etc.: Agency comment availability, 33220-33221 E7-11575 Agency weekly receipts, 33221-33222 E7-11576 Water pollution control: Marine sanitation device standard; petitions, determinations, etc.— Connecticut, 33222-33224 E7-11312 Executive Executive Office of the President See Management and Budget Office See Presidential Documents Farm Farm Service Agency NOTICES Committees; establishment, renewal, termination, etc.: Beginning Farmers and Ranchers Advisory Committee, 33191 E7-11544 Meetings: Beginning Farmers and Ranchers Advisory Committee, 33192 E7-11545 FAA Federal Aviation Administration RULES Airworthiness standards: Special conditions— Boeing Model 777-300ER airplane, 33148-33151 07-2939 VOR Federal airways, 33151-33152 E7-11534 PROPOSED RULES Airworthiness directives: Pacific Aerospace Ltd., 33166-33168 E7-11589 VOR Federal airways, 33168-33169 E7-11537 NOTICES Aeronautical land-use assurance; waivers: Cleveland Hopkins International Airport, OH, 33273-33276 07-2940 Agency information collection activities; proposals, submissions, and approvals, 07-2941 33276-33279 07-2946 07-2947 Aviation Rulemaking Advisory Committee; task assignments, 33279 E7-11606 Exemption petitions; summary and disposition, 33279-33280 E7-11592 FDIC Federal Deposit Insurance Corporation NOTICES Meetings; Sunshine Act, 33224 E7-11664 E7-11665 Federal Railroad Federal Railroad Administration NOTICES Exemption petitions, etc.: Union Pacific Railroad Co., 33280 E7-11547 Federal Reserve Federal Reserve System NOTICES Agency information collection activities; proposals, submissions, and approvals, 33224-33225 E7-11549 Banks and bank holding companies: Formations, acquisitions, and mergers, 33225-33226 E7-11554 FTC Federal Trade Commission NOTICES Reports and guidance documents; availability, etc.: Federal antidiscrimination, whistleblower protection, and retaliation laws; No FEAR Act notice, 33226-33227 E7-11600 Postal Accountability and Enhancement Act; U.S. Postal Service Study, Project No. P071200; information and comment request, 33227 E7-11607 Financial Financial Management Service See Fiscal Service Fiscal Fiscal Service NOTICES Surety companies acceptable on Federal bonds: Fairmont Speciality Insurance Co., 33280 07-2956 Fish Fish and Wildlife Service PROPOSED RULES Migratory bird permits: Feathers, religious or spiritual use by Native Americans, 33188-33190 E7-11559 NOTICES Endangered and threatened species and marine mammal permit applications, 33242-33244 E7-11620 Food Food and Drug Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 33231-33233 E7-11527 E7-11528 Food Food Safety and Inspection Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 33192-33194 E7-11563 E7-11622 Foreign Foreign Assets Control Office NOTICES Sanctions, blocked persons, specially-designated nationals, terrorists, narcotics traffickers, and foreign terrorist organizations: Additional designations for proliferators and supporters of weapons of mass destruction; list, 33280-33281 E7-11593 Forest Forest Service NOTICES Environmental statements; notice of intent: Cibola National Forest, NM; withdrawn, 33194-33195 07-2975 Santa Fe National Forest, NM, 33195-33196 07-2958 Sequoia National Forest, CA, 33196-33199 07-2841 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health NOTICES Meetings: Genetics, Health, and Society, Secretary's Advisory Committee, 33228 07-2963 National Toxicology Program, Center for Evaluation of Risks to Human Reproduction; expert panel on bisphenol A, 33228-33229 E7-11590 Health Health Resources and Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 33233-33234 E7-11557 Committees; establishment, renewal, termination, etc.: Childhood Vaccines Advisory Commission, 33234-33235 E7-11548 Homeland Homeland Security Department See Coast Guard NOTICES Agency information collection activities; proposals, submissions, and approvals, 33241-33242 E7-11621 Housing Housing and Urban Development Department NOTICES Homeless assistance; excess and surplus Federal properties, 33242 07-2912 Meetings: Manufactured Housing Consensus Committee, 33242 E7-11533 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Surface Mining Reclamation and Enforcement Office IRS Internal Revenue Service PROPOSED RULES Income taxes: Business aircraft; entertainment use deductions; hearing, 33169-33177 E7-11445 NOTICES Meetings: Art Advisory Panel, 33281 E7-11612 International International Trade Administration NOTICES Antidumping: Stainless steel bar from— France, 33202-33203 E7-11609 Germany, 33202 E7-11583 Steel nails from— China and United Arab Emirates, 33203 E7-11591 *Applications, hearings, determinations, etc.:* University of— Minnesota et al., 33203-33204 E7-11608 International International Trade Commission NOTICES Import investigations: Harmonized Tariff Schedule of the United States; proposed modifications, 33246-33250 07-2957 Justice Justice Department See Antitrust Division Labor Labor Department See Disability Employment Policy Office Land Land Management Bureau NOTICES Alaska Native claims selection: Pitka's Point Native Corp., 33244 E7-11566 Resource management plans, etc.: Eagle Lake Field Office, Alturas Field Office, and Surprise Field Office, CA, 33244-33245 E7-11582 Survey plat filings: Nevada, 33245-33246 E7-11585 Library Library of Congress See Copyright Office, Library of Congress Management Management and Budget Office NOTICES Reports and guidance documents; availability, etc.: E-Government Act, Title V; Confidential Information Protection and Statistical Efficiency Act of 2002; implementation guidance, 33362-33377 E7-11542 NIH National Institutes of Health NOTICES Meetings: Genetics, Health, and Society, Secretary's Advisory Committee, 33235 07-2964 National Center for Complementary and Alternative Medicine, 33235-33236 07-2967 07-2968 National Heart, Lung, and Blood Institute, 33236 07-2972 National Human Genome Research Institute, 33236-33237 07-2965 National Institute of Biomedical Imaging and Bioengineering, 33237-33238 07-2966 National Institute of Child Health and Human Development, 33237 07-2962 National Institute of Environmental Health Sciences, 33238 07-2971 National Institute of General Medical Sciences, 33237 07-2961 National Institute of Mental Health, 33238-33239 07-2973 07-2974 National Institute of Neurological Disorders and Stroke, 33238 07-2969 Scientific Review Center, 33239-33241 07-2970 NOAA National Oceanic and Atmospheric Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, E7-11604 33204-33205 E7-11605 National Science National Science Foundation NOTICES Meetings: Ocean Sciences Proposal Review Panel, 33252 E7-11556 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; availability, etc.: Army Department, Seneca Army Depot, NY, 33252-33255 E7-11570 Plants and materials; physical protection: Radioactive materials of concern security; safeguards information protection, and fingerprinting and criminal history record check requirements, 33255-33260 E7-11574 Office Office of Management and Budget See Management and Budget Office Pension Pension Benefit Guaranty Corporation RULES Single-employer plans: Allocation of assets— Interest assumptions for valuing and paying benefits, 33152-33153 E7-11561 NOTICES Agency information collection activities; proposals, submissions, and approvals, 33260 E7-11691 Multiemployer and single-employer plans: Interest rates and assumptions, 33260-33261 E7-11560 Personnel Personnel Management Office RULES Pay administration: Locality-based comparability payments and evacuation payments, 33147-33148 E7-11584 Postal Postal Regulatory Commission RULES Standards of conduct: Postal reform law amendments; technical and administrative changes, 33164-33165 E7-11471 NOTICES Domestic rates, fees, and mail classifications: Rate regulation and implementation for postal ratemaking and classification; field hearings, 33261-33262 E7-11466 Postal Postal Service RULES Postage meters: Manufacture and distribution; authority requirements, 33163-33164 07-2955 Presidential Presidential Documents ADMINISTRATIVE ORDERS Belarus; continuation of national emergency blocking property of persons undermining democratic processes or institutions (Notice of June 14, 2007), 33379-33381 07-3005 Public Public Debt Bureau See Fiscal Service Railroad Railroad Retirement Board NOTICES Agency information collection activities; proposals, submissions, and approvals, 33262 E7-11597 SEC Securities and Exchange Commission NOTICES Securities: Suspension of trading— Global Datatel, Inc., et al., 33262-33263 07-2988 Self-regulatory organizations; proposed rule changes: NYSE Arca, Inc., 33263-33271 E7-11541 E7-11552 Philadelphia Stock Exchange, Inc., 33271-33272 E7-11551 State State Department NOTICES Meetings: Democracy Promotion Advisory Committee, 33273 E7-11594 Reports and guidance documents; availability, etc.: UNCITRAL Model Law on Procurement of Goods, Construction and Services, and its Guide to Enactment; revision, 33273 E7-11596 Surface Surface Mining Reclamation and Enforcement Office RULES Permanent program and abandoned mine land reclamation plan submissions: Maryland, 33153-33156 E7-11610 PROPOSED RULES Permanent program and abandoned mine land reclamation land submissions: Kentucky, 33177-33180 E7-11586 Transportation Transportation Department See Federal Aviation Administration See Federal Railroad Administration Treasury Treasury Department See Fiscal Service See Foreign Assets Control Office See Internal Revenue Service Separate Parts In This Issue Part II Environmental Protection Agency, 33284-33334 E7-11130 Part III Justice Department, Antitrust Division, 33336-33360 07-2897 Part IV Executive Office of the President, Management and Budget Office, 33362-33377 E7-11542 Part V Executive Office of the President, Presidential Documents, 33379-33381 07-3005 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 72 115 Friday, June 15, 2007 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Parts 531 and 550 RIN 3206-AL09 Locality-Based Comparability Payments and Evacuation Payments AGENCY: Office of Personnel Management. ACTION: Final rule. SUMMARY: These regulations finalize the interim regulations that provide the rules for determining an employee's official worksite when he or she teleworks from an alternative worksite during an emergency situation, such as a pandemic health crisis, and permit an agency to provide evacuation payments to an employee who is ordered to evacuate from his or her regular worksite and directed to work from home (or an alternative location mutually agreeable to the agency and the employee) during a pandemic health crisis. The final regulations revise the interim regulations to clarify that an employee need not have a telework agreement when directed to work from home. These regulations are issued as part of OPM's efforts to provide agencies with guidance to ensure they are able to fulfill their critical missions while at the same time protect their employees should a pandemic health crisis occur. DATES: The regulations are effective July 16, 2007. FOR FURTHER INFORMATION CONTACT: Gene Holson by telephone at

(202)606-2858, by fax at

(202)606-0824, or by e-mail at *pay-performance-policy@opm.gov.* SUPPLEMENTARY INFORMATION: On August 17, 2006, the Office of Personnel Management

(OPM)published interim regulations (71 FR 47692) in 5 CFR parts 531 and 550 concerning pay actions for employees affected by a pandemic health crisis. The interim regulations

(1)Clarified the rules for determining an employee's official worksite for the purpose of identifying his or her location-based pay entitlements when the employee teleworks from an alternative worksite during an emergency situation such as a pandemic health crisis and

(2)authorized agencies to provide evacuation payments to an employee who is ordered to evacuate from his or her regular worksite and directed to work from the employee's home (or an alternative location mutually agreeable to the agency and the employee) during a pandemic health crisis. The 60-day comment period for the interim regulations ended on October 16, 2006. OPM received comments from three Federal agencies. One agency commented on the use of the term “critical missions” in the summary of the interim regulations: “These regulations are issued as part of OPM's efforts to provide agencies with guidance to ensure they are able to fulfill their critical missions while at the same time protect their employees should a pandemic health crisis occur.” The commenter noted that “The National Strategy for Pandemic Influenza” and “Federal Preparedness Circular 65” use the term “essential functions” instead of “critical missions.” The agency recommended that OPM replace the term “critical missions” with “essential functions” to ensure consistency in the terminology used in other Federal guidance. We are not making this change. We used “critical missions” in the summary accompanying the interim regulations to be consistent with the terminology used in OPM's *Pandemic Influenza* guidance on OPM's Web site at *http://www.opm.gov/pandemic/index.asp.* The term itself is not in the interim or final regulations. Official Worksite The same agency also requested clarification of the provision in § 531.605(d)(3), which states that an authorized agency official may make a temporary exception to the requirement that a telework employee must report at least once a week on a regular and recurring basis to the regular worksite in order for the employee to continue receiving the locality rate for the regular worksite. The commenter inquired as to whether there is a time limit on how long a temporary exception under § 531.605(d)(3), may be in effect. There is no such time limit. The intent of § 531.605(d)(3) is to address certain situations where the employee is retaining his or her residence in the commuting area for the regular worksite but is temporarily unable to report to the regular worksite for reasons beyond the employee's control. The fact that an employee may receive lesser pay or benefits if the official worksite is changed to the telework location is not a basis or justification for using this temporary exception. A key consideration is the need to preserve equity between the telework employee and non-telework employees who are working in the same area as the telework location. The temporary exception should generally be used only in cases where

(1)the employee is expected to stop teleworking and return to work at the regular worksite in the near future, or

(2)the employee is expected to continue teleworking but will be able to report to the regular worksite at least once a week on a regular and recurring basis in the near future. Examples of appropriate temporary situations include:

(1)Recovery from an injury or medical condition, or to assist with a family member's recovery from an injury or medical condition;

(2)emergency situations that prevent an employee from regularly commuting to the normal worksite, such as a severe weather emergency or a pandemic health crisis; or

(3)the employee is away from the area on extended official travel. (See the revised fact sheet, *Official Worksite for Location-Based Pay Purposes* , on OPM's Web site at *http://www.opm.gov/oca/pay/html/Official_Duty_Station.asp* .) The commenter also asked whether the authority to make a temporary exception may be delegated. The regulatory provisions at § 531.605(d)(3) do not restrict an agency's ability to delegate the authority to make such temporary exceptions. Evacuation Payments One agency suggested there is too much emphasis on “pandemic health crisis” in the regulations and recommended replacing that term with “emergency situations, such as a pandemic health crisis” because the agency believes that most emergency situations will be weather-related and not health-related. In addition, the agency suggested there is no need for the new regulations at § 550.409. The agency recommended deleting § 550.409 and suggested adding the term “such as a pandemic health crisis” after “other reasons” to the regulations at § 550.401(a). We are not adopting these recommendations. Unlike emergency situations where employees may be ordered to evacuate a designated geographic area (including evacuating their worksites and homes), during a pandemic health crisis employees may likely be ordered to evacuate their worksites to promote “social distancing” but not ordered to evacuate their homes. Because of these unique conditions, we believe it is imperative to limit the use of the evacuation payment authority in § 550.409 to a pandemic health crisis. One agency recommended revising § 550.409(a) to make clear that an agency's authority during a pandemic health crisis to order an employee to evacuate from his or her worksite and perform work from the employee's home includes the situation where the agency and the employee do not have a telework agreement in place at the time the order to evacuate is issued. We agree and have revised § 550.409(a). The agency also recommended that OPM delete the provision in § 550.409(a) which limits an agency's authority to order an employee to perform work from a location other than the employee's home to a location that is “mutually agreeable to the agency and the employee.” The agency believes it is impractical to require an agency and an employee to engage in discussions with the intent of reaching an agreement as to where the employee is going to work, especially in the context of an emergency health crisis. We are not adopting this recommendation. During a pandemic health crisis, if an employee does not comply with his or her agency's order to work from home, or the agency and the employee cannot agree on an alternative work location, the agency may disapprove the employee's evacuation payments. Under these circumstances, the employee may be required to use his or her accrued annual leave ( *i.e.* , “enforced leave”), may be furloughed, or disciplined, as appropriate. One agency noted that the issue of temporary promotion pay is not clearly addressed in the regulations. Under § 550.409(a), evacuated employees may be assigned to perform any work necessary or required to be performed without regard to his or her grade, level, or title. The regulations also require agencies to compute evacuation payments under § 550.404, which states that evacuation payments must be based on the rate of pay to which the employee was entitled immediately before the issuance of the order to evacuate. The commenter recommended revising the regulations to clarify that evacuation payments must be based on the rate of pay to which the employee was entitled immediately before the issuance of the order to evacuate, notwithstanding an agency's policy or collective bargaining agreement regarding an employee's entitlement to a noncompetitive temporary promotion when the employee is required to perform higher-level duties during the period of evacuation. We are not adopting this recommendation. While there may be circumstances in which it will be necessary to temporarily suspend certain provisions of an agency policy or a collective bargaining agreement in an emergency, it would be inappropriate to provide such a broad authorization to do so. The decision to take such action must be made on a case-by-case basis taking into consideration the facts and circumstances that exist at that time. E.O. 12866, Regulatory Review The Office of Management and Budget has reviewed this rule in accordance with E.O. 12866. Regulatory Flexibility Act I certify that these regulations will not have a significant economic impact on a substantial number of small entities because they will apply only to Federal agencies and employees. List of Subjects in 5 CFR Parts 531 and 550 Administrative practice and procedure, Claims, Government employees, Law enforcement officers, Wages. Office of Personnel Management. Linda M. Springer, Director. Accordingly, the interim rule amending 5 CFR parts 531 and 550, which was published at 71 FR 47692 on August 17, 2006, is adopted as final with the following change: PART 550—PAY ADMINISTRATION (GENERAL) 1. The authority citation for subpart D of part 550 continues to read as follows: Authority: 5 U.S.C. 5527; E.O. 10982, 3 CFR parts 1959-1963, p. 502. 2. Amend § 550.409 by revising the first sentence of paragraph

(a)to read as follows: § 550.409 Evacuation payments during a pandemic health crisis.

(a)An agency may order one or more employees to evacuate from their worksite and perform work from their home (or an alternative location mutually agreeable to the agency and the employee) during a pandemic health crisis without regard to whether the agency and the employee have a telework agreement in place at the time the order to evacuate is issued.* * * [FR Doc. E7-11584 Filed 6-14-07; 8:45 am] BILLING CODE 6325-39-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 25 [Docket No. NM379 Special Conditions No. 25-07-12-SC] Special Conditions: Boeing Model 777-300ER Airplane; Lithium Ion Battery Installation AGENCY: Federal Aviation Administration

(FAA)DOT. ACTION: Final special conditions; request for comments. SUMMARY: These special conditions are issued for the Boeing Model 777-300ER airplane. This airplane as modified by the Boeing Commercial Airplane Company will have a novel or unusual design feature associated with the use of lithium ion battery technology in on-board systems. 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: The effective date of these special conditions is June 1, 2007. We must receive your comments by July 30, 2007. ADDRESSES: Comments on this rule may be mailed in duplicate to: Federal Aviation Administration, Transport Airplane Directorate, Attention: Rules Docket (ANM-113), Docket No. NM379, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; or delivered in duplicate to the Transport Airplane Directorate at the above address. All comments must be marked Docket No. NM379. Comments may be inspected in the Rules Docket weekdays, except Federal holidays, between 7:30 a.m. and 4 p.m. FOR FURTHER INFORMATION CONTACT: Nazih Khaouly, FAA, Airplane & Flight Crew Interface Branch, ANM-111, Transport Airplane Directorate, Aircraft Certification Service, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone

(425)227-2432; facsimile

(425)227-1149. SUPPLEMENTARY INFORMATION: The FAA has determined that notice and opportunity for prior public comment hereon are impracticable because these procedures would significantly delay issuance of the design approval and thus delivery of the affected aircraft. In addition, these special conditions are identical to those issued for another model of airplane; those special conditions were subjected to prior notice and public comment. The FAA therefore finds that good cause exists for making these special conditions effective upon issuance. Comments Invited We invite interested people to take part in this rulemaking by sending written comments, data, or views. The most helpful comments reference as specific portion of the special conditions, explain the reason for any recommended change, and include supporting data. We ask that you send us two copies of written comments. We will file in the docket all comments we receive, as well as a report summarizing each substantive public contact with FAA personnel about these special conditions. You can inspect the docket before and after the comment closing date. If you wish to review the docket in person, go to the address in the ADDRESSES section of this preamble between 7:30 a.m. and 4 p.m., Monday through Friday, except Federal holidays. We will consider all comments we receive by the closing date for comments. We will consider comments filed late if it is possible to do so without incurring expense or delay. We may change these special conditions based on the comments we receive. If you want us to let you know we received your comments on these special conditions, send us a pre-addressed, stamped postcard on which the docket number appears. We will stamp the date on the postcard and mail it back to you. Background On February 15, 2006, Boeing Commercial Airplane Group, Seattle, Washington, applied for an amended type certificate to install a new Panasonic eX2 in-flight entertainment

(IFE)system in a Boeing 777-300ER airplane. The Boeing Model 777-300ER airplane is a large twin engine airplane with a maximum passenger capacity of 550. The regulations do not address the novel and unusual design features associated with the installation of an IFE system that uses lithium ion battery technology. Type Certification Basis Under the provisions of § 21.101 Boeing Commercial Airplane Group must show that the Boeing Model 777-300ER, as changed, continues to meet the applicable provisions of the regulations incorporated by reference in Type Certificate No. T00001SE or the applicable regulations in effect on the date of application for the change. The regulations incorporated by reference in the type certificate are commonly referred to as the “original type certification basis.” The regulations incorporated by reference in T00001SE are Title 14 Code of Federal Regulations (CFR), part 25, as amended by Amendments 25-1 through 25-98, except for §§ 25.831(a) and

(g)and 25.841(a), which remain at Amendment 25-86, and § 25.853(d)(3), which remains at Amendment 25-82. Section 25.1517 is not part of the TC. Refer to Type Certificate No. T00001SE, as applicable, for a complete description of the certification basis for this model, including certain special conditions that are not relevant to these special conditions. If the Administrator finds that the applicable airworthiness regulations (part 25, as amended) do not contain adequate or appropriate safety standards for the Boeing Model 777-300ER because of a novel or unusual design feature, special conditions are prescribed under the provisions of § 21.16. In addition to the applicable airworthiness regulations and special conditions, the Boeing Model 777-300ER 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. The FAA issues special conditions, as defined in § 11.19 and § 11.38 and they become part of the type certification basis under § 21.101. 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, the special conditions would also apply to the other model. Novel or Unusual Design Features The Boeing Commercial Airplane Group proposes using lithium ion battery technology for the IFE system in this airplane. High capacity, rechargeable lithium ion batteries are a novel or unusual design feature in transport category airplanes. Because of rapid improvements in airplane technology, the applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions for the 777-300ER 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. Lithium ion batteries have certain failure, operational, and maintenance characteristics that differ significantly from those of the nickel-cadmium and lead-acid rechargeable batteries currently approved for installation on large transport category airplanes. The FAA is adopting these special conditions to require that

(1)all characteristics of the lithium ion battery and its installation that could affect safe operation of the 777-300ER are addressed, and

(2)appropriate maintenance requirements are established to ensure availability of electrical power from the batteries when needed. Background The current regulations governing installation of batteries in large transport category airplanes were derived from Civil Air Regulations

(CAR)part 4b.625(d) as part of the re-codification of CAR 4b that established 14 CFR part 25 in February, 1965. The new battery requirements, 14 CFR 25.1353(c)(1) through (c)(4), basically reworded the CAR requirements. Increased use of nickel-cadmium batteries in small airplanes resulted in increased incidents of battery fires and failures. This led to additional rulemaking affecting large transport category airplanes as well a small airplanes. On September 1, 1977, and March 1, 1978, respectively the FAA issued 14 CFR 25.1353(c)(5) and (c)(6), governing nickel-cadmium battery installations on large transport category airplanes. The proposed use of lithium ion batteries for the IFE system on the Boeing Model 777-300ER airplane has prompted the FAA to review the adequacy of these existing regulations. Our review indicates that existing regulations do not adequately address several failure, operational, and maintenance characteristics of lithium ion batteries that could affect the safety and reliability of the 777-300ER's lithium ion battery installation. At present, there is limited experience with use of rechargeable lithium ion batteries in applications involving commercial aviation. However, other uses of this technology, ranging from wireless telephone manufacturing to the electric vehicle industry, have noted safety problems with lithium ion batteries. These problem include overcharging, over-discharging, and flammability of cell components. 1. Overcharging In general, lithium ion batteries are significantly more susceptible to internal failures that can result in self-sustaining increases in temperature and pressure (thermal runaway) than their nickel-cadmium or lead-acid counterparts. This is especially true for overcharging, which causes heating and destabilization of the components of the cell, leading to formation (by plating) of highly unstable metallic lithium. The metallic lithium can ignite, resulting in a self-sustaining fire or explosion. Finally, the severity of thermal runaway from overcharging increases with increasing battery capacity, because of the higher amount of electrolytes in large batteries. 2. Over-Discharging Discharge of some types of lithium ion batteries beyond a certain voltage (typically 2.4 volts) can cause corrosion of the electrodes of the cell, resulting in loss of battery capacity that cannot be reversed by recharging. This loss of capacity may not be detected by the simple voltage measurements commonly available to flightcrews as a means of checking battery status. This is a problem shared with nickel-cadmium batteries. 3. Flammability of Cell Components Unlike nickel-cadmium and lead-acid batteries, some types of lithium ion batteries use liquid electrolytes that are flammable. The electrolytes can serve as a source of fuel for an external fire, if there is a breach of the battery container. These problems experienced by users of lithium ion batteries raise concern about their use in commercial aviation. The intent of these special conditions is to establish appropriate airworthiness standards for lithium ion battery installations in the Boeing Model 777-300ER airplane and to ensure, as required by 14 CFR 25.601, that these battery installations are not hazardous or unreliable. To address these concerns, these special conditions adopt the following requirements: • Those sections of 14 CFR 25.1353 that are applicable to lithium ion batteries. • The flammable fluid fire protection requirements of 14 CFR 25.863. In the past, this rule was not applied to batteries of transport category airplanes, since the electrolytes used in lead-acid and nickel-cadmium batteries are not flammable. • New requirements to address the hazards of overcharging and over-discharging that are unique to lithium ion batteries. • New maintenance requirements to ensure that batteries used as spares are maintained in an appropriate state of charge. Applicability As discussed above, these special conditions are applicable to the Boeing Model 777-300ER airplane. Should Boeing apply at a later date for a change to the type certificate to include another model incorporating the same novel or unusual design feature, the 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. Under standard practice, the effective date of final special conditions would be 30 days after the date of publication in the **Federal Register** ; however, as the certification date for the Boeing Model 777-300ER is imminent, the FAA finds that good cause exists to make these special conditions effective upon issuance. 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 the Boeing Model 777-300ER airplane. In lieu of the requirements of 14 CFR 25.1353(c)(1) through (c)(4), the following special conditions apply. Lithium ion batteries on the Boeing Model 777-300ER airplane must be designed and installed as follows:

(1)Safe cell temperatures and pressures must be maintained during any foreseeable charging or discharging condition and during any failure of the charging or battery monitoring system not shown to be extremely remote. The lithium ion battery installation must preclude explosion in the event of those failures.

(2)Design of the lithium ion batteries must preclude the occurrence of self-sustaining, uncontrolled increases in temperature or pressure.

(3)No explosive or toxic gases emitted by any lithium ion battery in normal operation, or as the result of any failure of the battery charging system, monitoring system, or battery installation not shown to be extremely remote, may accumulate in hazardous quantities within the airplane.

(4)Installations of lithium ion batteries must meet the requirements of 14 CFR 25.863(a) through (d).

(5)No corrosive fluids or gases that may escape from any lithium ion battery may damage surrounding structure or any adjacent systems, equipment, or electrical wiring of the airplane in such a way as to cause a major or more severe failure condition, in accordance with 14 CFR 25.1309(b) and applicable regulatory guidance.

(6)Each lithium ion battery installation must have provisions to prevent any hazardous effect on structure or essential systems caused by the maximum amount of heat the battery can generate during a short circuit of the battery or of its individual cells.

(7)Lithium ion battery installations must have a system to control the charging rate of the battery automatically, so as to prevent battery overheating or overcharging, and,

(i)A battery temperature sensing and over-temperature warning system with a means for automatically disconnecting the battery from its charging source in the event of an over-temperature condition, or,

(ii)A battery failure sensing and warning system with a means for automatically disconnecting the battery from its charging source in the event of battery failure.

(8)Any lithium ion battery installation whose function is required for safe operation of the airplane must incorporate a monitoring and warning feature that will provide an indication to the appropriate flight crewmembers whenever the state of charge of the batteries has fallen below levels considered acceptable for dispatch of the airplane.

(9)The Instructions for Continued Airworthiness required by 14 CFR 25.1529 must contain maintenance requirements for measurements of battery capacity at appropriate intervals to ensure that batteries whose function is required for safe operation of the airplane will perform their intended function as long as the battery is installed in the airplane. The Instructions for Continued Airworthiness must also contain procedures for the maintenance of lithium ion batteries in spares storage to prevent the replacement of batteries whose funciton is required for safe operation of the airplane with batteries that have experienced degraded charge retention ability or other damage due to prolonged storage at a low state of charge. Note: These special conditions are not intended to replace 14 CFR 25.1353(c) in the certification basis of the Boeing Model 777-300ER airplane. These special conditions apply only to lithium ion batteries and their installations. The requirements of 14 CFR 25.1353(c) remain in effect for batteries and battery installations of the Boeing Model 777-300ER airplane that do not use lithium ion batteries. Issued in Renton, Washington, on June 1, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 07-2939 Filed 6-14-07; 8:45 am]

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