Unknown. Final special conditions; request for comments

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--- schema: federal-register doc_type: fedreg source_file: FR-2011-09-16.xml --- 76 180 Friday, September 16, 2011 Contents Agricultural Research Agricultural Research Service PROPOSED RULES Modification of Interlibrary Loan Fee Schedule, 57681-57682 2011-23723 Agriculture Agriculture Department See Agricultural Research Service See Animal and Plant Health Inspection Service Air Force Air Force Department NOTICES Intent To Grant An Exclusive Patent License, 57720 2011-23750 Alcohol Tobacco Firearms Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Application for Registration of Firearms Acquired by Certain Governmental Entities; Correction, 57764-57765 2011-23730 Animal Animal and Plant Health Inspection Service PROPOSED RULES Meetings: Secretary's Advisory Committee on Animal Health, 57682 2011-23727 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Importation of Fruits and Vegetables, 57712 2011-23728 Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Disease Centers for Disease Control and Prevention NOTICES Meetings:

Advisory Committee to the Director, Ethics Subcommittee; Correction, 57744 2011-23767 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicaid Program; Recovery Audit Contractors, 57808-57844 2011-23695 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 57744-57746 2011-23807 2011-23800 2011-23801 Coast Guard Coast Guard RULES Special Local Regulations for Marine Events; Correction: Temporary Change of Dates for Recurring Marine Events in the Fifth Coast Guard District, Wrightsville Channel;

Wrightsville Beach, NC, 57645-57646 2011-23743 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 57749-57751 2011-23754 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Performance Review Board Membership, 57712-57713 2011-23752 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List; Additions and Deletions, 57719-57720 2011-23803 2011-23804 Consumer Product Consumer Product Safety Commission PROPOSED RULES Petition Requesting Regulations Restricting Cadmium in Children's Products, 57682-57683 2011-23810 Defense Acquisition Defense Acquisition Regulations System RULES Defense Federal Acquisition Regulation Supplements:

Award Fee Reduction or Denial for Health or Safety Issues, 57674-57677 2011-23630 Display of DoD Inspector General Fraud Hotline Posters, 57671-57674 2011-23782 Increase the Use of Fixed-Price Incentive (Firm Target) Contracts, 57677-57679 2011-23779 Defense Department Defense Department See Air Force Department See Defense Acquisition Regulations System See Navy Department RULES Air Installations Compatible Use Zones, 57644 2011-23759 Privacy Act; Implementation, 57644-57645 2011-23756 TRICARE:

Continued Health Care Benefit Program Expansion, 57637-57641 2011-23760 Expansion of Survivor Eligibility Under the Dental Program, 57643-57644 2011-23761 Unfortunate Sequelae from Noncovered Services in a Military Treatment Facility, 57642-57643 2011-23762 PROPOSED RULES TRICARE: Elimination of the Non-Availability Statement Requirement for Non-Emergency Inpatient Mental Health Care, 57690 2011-23766 Education Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 57721-57722 2011-23830 2011-23833 2011-23838 Election Election Assistance Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Election Assistance Commission's Voting System Test Laboratory Program Manual, 57723 2011-23710 Energy Department Energy Department See Federal Energy Regulatory Commission See Western Area Power Administration NOTICES Electricity Sector Cybersecurity Risk Management Process Guideline;

Request for Comment, 57723 2011-23781 Environmental Protection Environmental Protection Agency RULES Extension of Time-Limited Interim Pesticide Tolerances: Tetrachlorvinphos, 57657-57659 2011-23815 Final Approval of State Underground Storage Tank Program; Oregon, 57659-57661 2011-23816 Final Withdrawal of Certain Federal Aquatic Life Water Quality Criteria Applicable to Wisconsin, 57646-57653 2011-23817 National Oil and Hazardous Substances Pollution Contingency Plan: National Priorities List;

Withdrawal, 57661-57662 2011-23823 2011-23870 National Priorities List, 57662-57671 2011-23652 Temporary Exemptions From the Requirement of a Tolerance: Bacillus thuringiensis eCry3.1Ab Protein in Corn, 57653-57657 2011-23813 PROPOSED RULES Approval and Promulgation of Implementation Plans: New Jersey; Motor Vehicle Enhanced Inspection and Maintenance Program, 57691-57696 2011-23862 New York; Motor Vehicle Enhanced Inspection and Maintenance Programs, 57696-57701 2011-23855 Approval of Air Quality Implementation Plans:

California; San Joaquin Valley; Attainment Plan for 1997 8-hour Ozone Standard, 57846-57869 2011-23656 California; South Coast; Attainment Plan for 1997 8-hour Ozone Standard, 57872-57896 2011-23659 National Oil and Hazardous Substances Pollution Contingency Plan: National Priorities List; Withdrawal, 57701-57702 2011-23822 2011-23871 National Priorities List, 57702-57709 2011-23651 NOTICES Certain New Chemicals; Receipt and Status Information, 57734-57738 2011-23814 Draft Toxicological Reviews: 1,4-Dioxane, 57739 2011-23818 Environmental Impact Statements;

Availability, etc.: Weekly Receipt, 57739-57740 2011-23828 Program Requirement Revisions Related to Public Water System Supervision Program: States of Rhode Island and Vermont, 57740-57741 2011-23858 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus Model A318, A319, A320, and A321 Series Airplanes, 57630-57633 2011-23468 Amendment of Class E Airspace: Miles City, MT, 57633-57634 2011-23693 Establishment of Class E Airspace: Chinle, AZ, 57634-57635 2011-23700 Restrictions on Operators Employing Former Flight Standards Service Aviation Safety Inspectors;

Correction, 57635-57636 2011-23805 Special Conditions: Boeing Model 737-600, -700, -700C, -800, -900, and -900ER Series Airplanes; Rechargeable Lithium-ion Battery Installations, 57625-57627 2011-23720 Cessna Aircraft Company Model M680 airplane; Rechargeable Lithium-ion Battery Installations, 57627-57629 2011-23718 Federal Deposit Federal Deposit Insurance Corporation NOTICES Terminations of Receiverships: Oakwood Deposit Bank, Oakwood, OH, 57741 2011-23712 Updated Listing of Financial Institutions in Liquidation, 57741 2011-23711 Federal Energy Federal Energy Regulatory Commission NOTICES Applications:

Whitman River Dam, Inc., 57724-57725 2011-23794 Combined Filings, 57725-57727 2011-23748 2011-23749 Competing Preliminary Permit Applications: Mississippi 8 Hydro, LLC and FFP Project 98, LLC, 57727-57728 2011-23799 Environmental Impact Statements; Availability, etc.: Boundary Hydroelectric Project; Sullivan Creek Project, 57729 2011-23737 New Jersey - New York Expansion Project; Texas Eastern Transmission, LP, Algonquin Gas Transmission, LLC, 57728-57729 2011-23741 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations:

Caney River Wind Project, LLC, 57730 2011-23798 ICC Energy Corp., 57730 2011-23797 Madstone Energy Corp., 57729-57730 2011-23796 Rockland Wind Farm, LLC, 57731 2011-23795 Preliminary Permit Applications: Kachess Dam Hydropower, LLC, 57731 2011-23740 McKay Dam Hydropower, LLC, 57731-57732 2011-23739 Pacific Gas and Electric Co., 57732 2011-23738 Records Governing Off-the-Record Communications, 57733 2011-23736 Federal Financial Federal Financial Institutions Examination Council NOTICES Meetings:

Appraisal Subcommittee, 57741-57742 2011-23859 2011-23876 Federal Railroad Federal Railroad Administration NOTICES Petitions for Waivers of Compliance, 57796-57797 2011-23829 2011-23840 Financial Financial Crimes Enforcement Network NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals Proposal to Require Electronic Filing of Bank Secrecy Act Reports, 57799-57801 2011-23841 Fish Fish and Wildlife Service NOTICES Endangered Species: Marine Mammals;

Issuance of Permits, 57758-57759 2011-23776 Permit Applications, 57757-57758 2011-23775 Food and Drug Food and Drug Administration NOTICES International Conference on Harmonisation Q10 Pharmaceutical Quality System; Meetings: A Practical Approach to Effective Life-Cycle Implementation of Systems and Processes for Pharmaceutical Manufacturing, 57746-57747 2011-23747 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health NOTICES National Registry of Evidence-based Programs and Practices;

Open Submission Period, 57742-57744 2011-23757 Homeland Homeland Security Department See Coast Guard See U.S. Customs and Border Protection Housing Housing and Urban Development Department NOTICES Federal Properties Suitable as Facilities to Assist Homeless, 57754-57757 2011-23414 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Indian Gaming Commission See National Park Service Internal Revenue Internal Revenue Service PROPOSED RULES Swap Exclusion for Section 1256 Contracts, 57684-57690 2011-23665 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 57801-57804 2011-23713 2011-23714 2011-23716 2011-23719 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Individual Taxpayer Burden Survey, 57804-57806 2011-23715 International Trade Adm International Trade Administration NOTICES Amended Final Results of Antidumping Duty Administrative Review: Wooden Bedroom Furniture from the People's Republic of China, 57713-57714 2011-23832 Meetings: The Manufacturing Council, 57714 2011-23901 Revocations of Antidumping Duty Orders:

Polyethylene Terephthalate Film, Sheet, and Strip from the Republic of Korea, 57715 2011-23825 Justice Department Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Lodging of Consent Decrees Under CERCLA, 57763-57764 2011-23826 Lodging of Consent Decrees Under the Clean Air Act, 57764 2011-23778 Land Land Management Bureau NOTICES Alaska Native Claims Selection, 57759 2011-23769 Environmental Impact Statements; Availability, etc.: Colorado River Valley Field Office, Colorado, 57760-57762 2011-23621 Kremmling Field Office, Colorado, 57759-57760 2011-23622 Maritime Maritime Administration NOTICES Requested Administrative Waivers of the Coastwise Trade Laws:

Vessel Jubilee, 57797-57798 2011-22671 Millenium Millennium Challenge Corporation NOTICES Meetings; Sunshine Act, 57765 2011-23979 National Indian National Indian Gaming Commission PROPOSED RULES Regulatory Review Schedule, 57683-57684 2011-23729 National Institute National Institutes of Health NOTICES Meetings: National Cancer Institute, 57748-57749 2011-23851 National Center for Research Resources, 57748 2011-23857 National Institute of Dental & Craniofacial Research, 57748 2011-23856 National Institute of Diabetes and Digestive and Kidney Diseases, 57747 2011-23849 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska;

Shallow-Water Species by Vessels Using Trawl Gear in the Gulf of Alaska, 57679-57680 2011-23827 PROPOSED RULES Atlantic Highly Migratory Species: Atlantic Shark Management Measures, 57709-57711 2011-23877 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Fisheries in the Western Pacific; Seabird-Fisheries Interaction Recovery Reporting, 57715-57716 2011-23742 Draft Companion Manuals; Availability: Executive Order 11988 Floodplain Management and Executive Order 11990 Protection of Wetlands, 57716-57717 2011-23864 Endangered and Threatened Species Permits:

Take of Anadromous Fish, 57717 2011-23831 Endangered and Threatened Species: Take of Anadromous Fish, 57717-57718 2011-23842 Meetings: New England Fishery Management Council, 57718-57719 2011-23773 National Park National Park Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Social Science Assessment and Geographic Analysis of Marine Recreational Uses and Visitor Attitudes at Dry Tortugas and Biscayne National Park, 57762-57763 2011-23848 Meetings:

Alaska Region's Subsistence Resource Commission, 57763 2011-23850 National Science National Science Foundation NOTICES Meetings: Advisory Committee for Geosciences, 57765 2011-23751 Permit Applications Received Under the Antarctic Conservation Act of 1978, 57765-57766 2011-23707 Navy Navy Department NOTICES Environmental Impact Statements; Availability, etc.: Military Readiness Activities in the Mariana Islands Training and Testing Study Area; Public Scoping Meetings; Correction, 57720-57721 2011-23755 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Director's Decisions:

Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc., 57766-57767 2011-23787 Draft Letters: Seismic Risk Evaluations for Operating Reactors, 57767 2011-23706 Postal Regulatory Postal Regulatory Commission NOTICES Post Office Closings, 57767-57769 2011-23708 2011-23717 Securities Securities and Exchange Commission RULES Privacy Act; Implementation and Amendment of Exemptions, 57636-57637 2011-23732 NOTICES Advisory Committee on Small and Emerging Companies;

Establishment, 57769-57770 2011-23731 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 57770-57772 2011-23725 2011-23726 2011-23802 Meetings; Sunshine Act, 57772 2011-23918 Self-Regulatory Organizations; Proposed Rule Changes: EDGA Exchange, Inc., 57787-57791 2011-23774 EDGX Exchange, Inc., 57772-57776 2011-23772 Financial Industry Regulatory Authority, Inc., 57784-57787 2011-23792 NASDAQ Stock Market LLC, 57776-57784, 57791-57793 2011-23721 2011-23722 2011-23735 2011-23793 NYSE Amex LLC, 57793-57795 2011-23771 Surface Transportation Surface Transportation Board NOTICES Trackage Rights Exemptions:

Consolidated Rail Corp. to Canadian Pacific Railway Co., 57798 2011-23812 CSX Transportation, Inc. to Canadian Pacific Railway Co., 57798-57799 2011-23811 Transportation Department Transportation Department See Federal Aviation Administration See Federal Railroad Administration See Maritime Administration See Surface Transportation Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Disclosure of Code Sharing Arrangements and Long-Term Wet Leases, 57795-57796 2011-23770 Treasury Treasury Department See Financial Crimes Enforcement Network See Internal Revenue Service See United States Mint Customs U.S.

Customs and Border Protection NOTICES Environmental Impact Statements; Availability, etc.: Northern Border Activities, 57751-57754 2011-23993 U.S. Mint United States Mint NOTICES Meetings: Citizens Coinage Advisory Committee, 57806 2011-23843 Western Western Area Power Administration NOTICES Environmental Impact Statements; Availability, etc.: Interconnection of Hualapai Valley Solar Project, Mohave County, AZ; Cancellation, 57733 2011-23783 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 57808-57844 2011-23695 Part III Environmental Protection Agency, 57846-57869 2011-23656 Part IV Environmental Protection Agency, 57872-57896 2011-23659 Reader Aids Consult the Reader Aids section at the end of this page 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. 76 180 Friday, September 16, 2011 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 25 [Docket No. NM464; Notice No. 25-445-SC] Special Conditions: Boeing Model 737-600, -700, -700C, -800, -900, and -900ER Series Airplanes;

Rechargeable Lithium-Ion Battery Installations AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final special conditions; request for comments. SUMMARY: These special conditions are issued for the Boeing Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes. These airplanes, as modified by Electronic Cable Specialists, Inc., will have a novel or unusual design feature associated with the installation of a dual Class 3 electronic flight bag

(EFB)system that contains rechargeable lithium-ion batteries. 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 September 9, 2011. We must receive your comments by October 31, 2011. ADDRESSES: You must mail two copies of your comments to: Federal Aviation Administration, Transport Airplane Directorate, Attn: Rules Docket (ANM-113), Docket No. NM464, 1601 Lind Avenue, SW., Renton, Washington 98057-3356. You may deliver two copies to the Transport Airplane Directorate at the above address. You must mark your comments: Docket No. NM464. You can inspect comments in the Rules Docket weekdays, except Federal holidays, between 7:30 a.m. and 4 p.m. FOR FURTHER INFORMATION CONTACT: Nazih Khaouly, ANM-111, Transport Airplane Directorate, Aircraft Certification Service, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone

(425)227-2432; facsimile

(425)227-1232. SUPPLEMENTARY INFORMATION: The FAA has determined that notice of, and opportunity for prior public comment on, these special conditions are impracticable because these procedures would significantly delay issuance of the design approval and thus delivery of the affected aircraft. In addition, the substance of these special conditions has been subject to the public-comment process in several prior instances with no substantive comments received. 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 a 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 concerning 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 on or before 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 acknowledge receipt of your comments on this proposal, include with your comments a self-addressed, stamped postcard on which you have written the docket number. We will stamp the date on the postcard and mail it back to you. Background On September 30, 2009, Electronic Cable Specialists, Inc., applied for a supplemental type certificate for a dual Class 3 EFB system on the Boeing Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes. The EFB system will contain lithium batteries in the EFB electronic display unit (EDU). Type Certification Basis Under the provisions of Title 14, Code of Federal Regulations (14 CFR) 21.101, Electronic Cable Specialists, Inc., must show that the Boeing Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes, as changed, continue to meet the applicable provisions of the regulations incorporated by reference in A16WE 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 certification basis for the Boeing Model 737 airplanes affected by this modification is as follows: For 737-600, -700, and -800 series airplanes: 14 CFR part 25 as amended by Amendments 25-1 through 25-77, with the exemptions and special conditions listed on type certificate A16WE. For 737-700C and -900 series airplanes: 14 CFR part 25 as amended by Amendments 25-1 through 25-91, with the exemptions and special conditions listed on type certificate A16WE. For 737-900ER series airplanes: 14 CFR part 25 as amended by Amendments 25-1 through 25-108, with the exemptions and special conditions listed on type certificate A16WE. 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 Boeing Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes modified by Electronic Cable Specialists, Inc., because of a novel or unusual design feature, special conditions are prescribed under the provisions of 14 CFR 21.16. In addition to the applicable airworthiness regulations and special conditions, the Boeing Model 737-600, -700, -700C, -800, -900, and -900ER series 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. 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 14 CFR 21.101. Special conditions are initially applicable to the model for which they are issued. Should Electronic Cable Specialists, Inc., apply for a supplemental type certificate to modify any other model included on type certificate A16WE to incorporate the same or similar novel or unusual design feature, the special conditions would also apply to the other model under § 21.101. Novel or Unusual Design Features Electronic Cable Specialists, Inc., proposes to use rechargeable lithium-ion batteries in a dual Class 3 EFB system on Boeing Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes. This type of battery possesses certain failure and operational characteristics, and maintenance requirements differ significantly from that of the nickel-cadmium (Ni-Cd) and lead-acid rechargeable batteries currently approved for installation in large, transport-category airplanes. Small, low-capacity, rechargeable lithium batteries are a novel or unusual design feature in transport-category airplanes, and current regulations in 14 CFR part 25 do not address installation of rechargeable lithium batteries. Discussion 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, § 25.1353(c)(1) through (c)(4), basically reworded the CAR requirements. Increased use of Ni-Cd batteries in small airplanes resulted in increased frequency of battery fires and failures, which led to additional rulemaking affecting large, transport-category airplanes as well as small airplanes. On September 1, 1977, and March 1, 1978, the FAA issued § 25.1353(c)(5) and (c)(6), respectively, which govern Ni-Cd battery installations on large, transport-category airplanes. The proposed use of rechargeable lithium batteries for equipment on the Boeing Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes has prompted the FAA to review the adequacy of these existing regulations. Our review indicates that the existing regulations do not adequately address several failure, operational, and maintenance characteristics of lithium batteries that could affect the safety and reliability of rechargeable lithium-battery installations on the Boeing Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes. The use of lithium rechargeable batteries in applications involving commercial aviation has limited history. However, other users of this technology, ranging from wireless-telephone manufacturers to the electric-vehicle industry, have noted safety problems with lithium batteries. These problems include overcharging, over-discharging, and lithium-battery cell-component flammability. 1. Overcharging In general, lithium-ion batteries are significantly more susceptible than their Ni-Cd or lead-acid counterparts to internal failures that can result in self-sustaining increases in temperature and pressure ( *i.e.,* thermal runaway). This is especially true for overcharging, which causes heating and destabilization of the components of the lithium-battery cell, which can lead to the formation, by plating, of highly unstable metallic lithium. The metallic lithium can ignite, resulting in a self-sustaining fire or explosion. The severity of thermal runaway due to overcharging increases with increased battery capacity due to the higher amount of electrolyte in large batteries. 2. Over-Discharging Discharge of some versions of the lithium-battery cell, beyond a certain voltage (typically 2.4 volts), can cause corrosion of the electrodes in 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 flight crewmembers as a means of checking battery status, a problem shared with Ni-Cd batteries. 3. Flammability of Cell Components Unlike Ni-Cd and lead-acid cells, some types of lithium-battery cells use flammable liquid electrolytes. The electrolyte can serve as a source of fuel for an external fire if the cell container is breached. The problems that lithium-battery users experience raise concerns about the use of these batteries in commercial aviation. The intent of these special conditions is to establish appropriate airworthiness standards for lithium-battery installations in the Boeing Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes and to ensure, as required by §§ 25.601 and 25.1309, that these battery installations will not result in an unsafe condition. To address these concerns, these special conditions adopt the following requirements: • Those sections of § 25.1353 that are applicable to lithium batteries. • The flammable-fluid fire-protection requirements of § 25.863. In the past, this rule was not applied to batteries in transport-category airplanes because the electrolytes in lead-acid and Ni-Cd batteries are not considered flammable. • New requirements to address hazards of overcharging and over-discharging that are unique to rechargeable lithium-ion batteries. • Section 25.1529, Instructions for Continued Airworthiness, must include maintenance requirements to ensure that batteries used as spares are maintained in an appropriate state of charge, and installed lithium batteries are sufficiently charged at appropriate intervals. These instructions must also describe proper repairs, if allowed, and battery part-number configuration control. In issuing these special conditions, the FAA requires that:

(1)All characteristics of the lithium batteries and their installation that could affect safe operation of the Boeing Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes are addressed, and

(2)Appropriate instructions for continued airworthiness, which include maintenance requirements, are established to ensure the availability of electrical power from the batteries when needed. Applicability As discussed above, these special conditions are applicable to the Boeing Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes. Should Electronic Cable Specialists, Inc., apply at a later date for a supplemental type certificate to modify any other model included on type certificate A16WE to incorporate 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 Boeing Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes. It is not a rule of general applicability and it affects only the applicant who applied to the FAA for approval of these features 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, the Federal Aviation Administration

(FAA)issues the following special conditions as part of the type certification basis for Boeing Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes, as modified by Electronic Cable Specialists, Inc., to install an EFB system including rechargeable lithium batteries. In lieu of the requirements of § 25.1353(c)(1) through (c)(4) at Amendment 25-42, Lithium-ion batteries and battery installations on Boeing Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes must be designed and installed as follows:

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

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

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

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

(5)No corrosive fluids or gases that may escape from any lithium 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, as determined in accordance with § 25.1309(b).

(6)Each lithium-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-battery installations must have a system to control automatically the charging rate of the battery to prevent battery overheating or overcharging, and

(i)A battery-temperature-sensing and over-temperature-warning system with a means to automatically disconnect 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 to automatically disconnect the battery from its charging source in the event of battery failure.

(8)Any lithium-battery installation, the function of which 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 § 25.1529 (and 14 CFR 26.11) must contain maintenance steps to assure that the lithium batteries are sufficiently charged at appropriate intervals specified by the battery manufacturer. The instructions for continued airworthiness must also contain procedures to ensure the integrity of lithium batteries in spares storage to prevent the replacement of batteries, the function of which are 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. Precautions should be included in the continued-airworthiness maintenance instructions to prevent mishandling of lithium batteries, which could result in a short circuit or other unintentional damage that could result in personal injury or property damage. Note 1: The term “sufficiently charged” means that the battery retains enough of a charge, expressed in ampere-hours, to ensure that the battery cells are not damaged. A battery cell may be damaged by reducing the battery's charge below a point where the battery's ability to charge and retain a full charge is reduced. This reduced charging and charge-retention capability would be greater than the reduction that may result from normal operational degradation. Note 2: These special conditions are not intended to replace § 25.1353(b) at Amendments 25-77 (-600, -700, -800), 25-91 (-700C, -900), and 25-108 (-900ER) in the certification basis of the Boeing Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes. These special conditions apply only to rechargeable lithium batteries and their use in the dual Class 3 EFB systems and their installation. The requirements of § 25.1353(b) at Amendment 25-77 (-600, -700, -800), 25-91 (-700C, -900), and 25-108 (-900ER) remain in effect for EFB batteries and battery installations on Boeing Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes that do not use rechargeable lithium-ion batteries. Issued in Renton, Washington, on September 9, 2011. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2011-23720 Filed 9-15-11; 8:45 am]

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