Unknown. Final special conditions; request for comments

4,453 words·~20 min read·/register/2016/07/25/2016-17428·

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-2016-07-25.xml --- 81 142 Monday, July 25, 2016 Contents Agriculture Agriculture Department See Forest Service See Procurement and Property Management Office, Agriculture Department See Rural Business-Cooperative Service Antitrust Division Antitrust Division NOTICES Final Judgment and Competitive Impact Statement: United States v. VA Partners I, LLC, ValueAct Capital Master Fund, LP, and ValueAct Co-Invest International, LP, 48450-48461 2016-17432 Membership Changes under the National Cooperative Research and Production Act:

Advanced Media Workflow Association, Inc., 48449-48450 2016-17434 Integrated Photonics Institute for Manufacturing Innovation Operating under the Name of the American Institute for Manufacturing Integrated Photonics, 48450 2016-17435 OpenDaylight Project, Inc., 48462 2016-17433 Census Bureau Census Bureau PROPOSED RULES 2020 Census Residence Criteria and Residence Situations, 48365-48366 2016-17484 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 48424-48425 2016-17478 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 48425 2016-17403 Coast Guard Coast Guard RULES Drawbridge Operations: Fox River, DePere to Oshkosh, WI, 48327-48329 2016-17541 Safety Zones: Illinois River Mile 69.3 to 69.8; Meredosia, IL, 48333-48335 2016-17240 Pleasure Beach Bridge, Bridgeport, CT, 48329-48331 2016-17543 Security Zones:

Delaware River, Schuylkill River; Philadelphia, PA, 48331-48333 2016-17440 PROPOSED RULES Drawbridge Operations: Keweenaw Waterway, Houghton and Hancock, MI, 48369-48371 2016-17544 Commerce Commerce Department See Census Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Comptroller Comptroller of the Currency RULES Guidance: Interagency Questions and Answers Regarding Community Reinvestment, 48506-48556 2016-16693 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Disclosure and Reporting of CRA-Related Agreements, 48499-48500 2016-17488 Interagency Guidance on Asset Securitization Activities, 48500-48501 2016-17491 Reduction of Permanent Capital Notice, 48498-48499 2016-17490 Charter Renewals: Minority Depository Institutions Advisory Committee, 48499 2016-17489 Copyright Royalty Board Copyright Royalty Board PROPOSED RULES Determination of Rates and Terms for Making and Distributing Phonorecords (Phonorecords III), 48371-48372 2016-17437 Defense Department Defense Department See Navy Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 48398-48399, 48404-48405, 48407-48408 2016-17456 2016-17457 2016-17493 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Contract Funding—Limitation of Costs/Funds, 48423-48424 2016-17479 Arms Sales, 48396-48407 2016-17466 2016-17472 2016-17476 2016-17483 Environmental Assessments; Availability, etc.: Addressing the Closure of Former Defense Fuel Support Point Moffett Field Located in Santa Clara County, CA, 48404 2016-17504 Education Department Education Department RULES Final Priorities:

Training of Interpreters for Individuals Who Are Deaf or Hard of Hearing and Individuals Who Are Deaf-Blind Program, 48335-48346 2016-17404 PROPOSED RULES Program Integrity and Improvement, 48598-48617 2016-17068 NOTICES Applications for New Awards: Training of Interpreters for Individuals Who Are Deaf or Hard of Hearing and Individuals Who Are Deaf-Blind Program, 48409-48414 2016-17406 Energy Department Energy Department RULES Energy Conservation Program: Test Procedures for Ceiling Fans, 48620-48646 2016-17139 NOTICES Approvals to Import and Export Natural Gas, 48414-48415 2016-17473 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans;

Approvals and Promulgations: Limited Approval, Limited Disapproval of California Air Plan Revisions, Eastern Kern Air Pollution Control District, 48346-48348 2016-17192 Clean Air Act Requirements: Clean Data Determination for 1997 PM2.5 Standards; California—South Coast, 48350-48356 2016-17410 Extension of Deadline for Action on the Section 126 Petition from Connecticut, 48348-48350 2016-17412 National Emission Standards for Hazardous Air Pollutants for the Portland Cement Manufacturing Industry, 48356-48362 2016-17293 PROPOSED RULES National Emission Standards for Hazardous Air Pollutants for the Portland Cement Manufacturing Industry, 48372-48373 2016-17292 Pesticides;

Certification of Pesticide Applicators: Submission to the Secretary of Agriculture, 48373-48374 2016-17405 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: CFM International, S.A. Turbofan Engines Modified by Supplemental Type Certificate SE00034EN, 48321-48323 2016-17442 Extension of Requirement for Helicopters to Use the New York North Shore Helicopter Route, 48323-48327 2016-17427 Special Conditions: Avmax Aviation Services Inc., Bombardier Model DHC-8-100/-200/-300 Series Airplanes;

Installed Rechargeable Lithium Batteries and Battery Systems, 48319-48321 2016-17428 PROPOSED RULES Establishment of Restricted Area R-2306F: Yuma Proving Ground, AZ, 48364-48365 2016-17558 NOTICES Petitions for Exemptions; Summaries: AirNet II, 48491 2016-17429 Florida Air Transport, 48490-48491 2016-17430 Federal Communications Federal Communications Commission RULES Radio Experimentation and Market Trials: Streamlining Rules, 48362-48363 2016-17319 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 48415-48420 2016-17426 2016-17502 2016-17503 Federal Deposit Federal Deposit Insurance Corporation RULES Guidance: Interagency Questions and Answers Regarding Community Reinvestment, 48506-48556 2016-16693 NOTICES Terminations of Receivership: Columbia Savings Bank, Cincinnati, OH, 48420-48421 2016-17453 Federal Highway Federal Highway Administration NOTICES Final Federal Agency Actions: Florida Proposed Transportation Projects, 48491-48493 2016-17110 Federal Motor Federal Motor Carrier Safety Administration NOTICES Commercial Driver's License Standards;

Applications for Exemption: Daimler Trucks North America, 48496-48498 2016-17463 Hours of Service of Drivers: U.S. Department of Energy; FAST Act Extension of Expiration Date, 48495-48496 2016-17459 WestRock Exemption; FAST Act Extension of Compliance Date, 48496 2016-17462 Qualification of Drivers; Exemption Applications: Vision, 48493-48495 2016-17458 Federal Reserve Federal Reserve System RULES Guidance: Interagency Questions and Answers Regarding Community Reinvestment, 48506-48556 2016-16693 NOTICES Changes in Bank Control:

Acquisitions of Shares of a Bank or Bank Holding Company, 48421 2016-17482 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 48421 2016-17480 Proposals to Engage in or to Acquire Companies Engaged in Permissible Nonbanking Activities, 48421 2016-17481 Federal Trade Federal Trade Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 48421-48423 2016-17474 Federal Transit Federal Transit Administration NOTICES Limitations on Claims Against a Proposed Public Transportation Project, 48498 2016-17469 Fish Fish and Wildlife Service RULES Migratory Bird Hunting:

Seasons and Bag and Possession Limits for Certain Migratory Game Birds, 48648-48685 2016-17330 Forest Forest Service NOTICES Meetings: North Gifford Pinchot Resource Advisory Committee, 48376-48377 2016-17496 Travel Management Plan: Pike/San Isabel National Forests, 48375-48376 2016-17498 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Contract Funding—Limitation of Costs/Funds, 48423-48424 2016-17479 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Children and Families Administration See Health Resources and Services Administration See Indian Health Service See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Research Misconduct, 48426-48427 2016-17495 Health Resources Health Resources and Services Administration NOTICES Health Center Program, 48426 2016-17497 Homeland Homeland Security Department See Coast Guard Housing Housing and Urban Development Department PROPOSED RULES Continuum of Care Program:

Continuum of Care Formula, 48366-48369 2016-17567 NOTICES Meetings: Manufactured Housing Consensus Committee, Teleconference, 48442-48443 2016-17568 Indian Health Indian Health Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Environmental Health Assessment of Tribal Child Care Centers in the Pacific Northwest, 48437-48438 2016-17494 Funding Availabilities: National Indian Health Outreach and Education—Health Reform Funding Opportunity, 48427-48437 2016-17500 Interior Interior Department See Fish and Wildlife Service See Ocean Energy Management Bureau Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 48501-48503 2016-17464 2016-17465 2016-17468 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Biaxial Integral Geogrid Products from the People's Republic of China, 48384-48386 2016-17565 Certain Corrosion-Resistant Steel Products from India, Italy, Republic of Korea and the People's Republic of China, 48387-48390 2016-17563 Certain Corrosion-Resistant Steel Products from India, Italy, the People's Republic of China, the Republic of Korea and Taiwan, 48390-48393 2016-17557 Utility Scale Wind Towers from the People's Republic of China, 48384 2016-17562 Establishment of the U.S.

Department of Commerce Trade Finance Advisory Council, 48386-48387 2016-17436 Justice Department Justice Department See Antitrust Division NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Proposed Uniform Language for Testimony and Reports, 48462-48464 2016-17551 Proposed Consent Decrees under the Clean Water and Oil Pollution Act, 48462 2016-17492 Library Library of Congress See Copyright Royalty Board NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Contract Funding—Limitation of Costs/Funds, 48423-48424 2016-17479 National Archives National Archives and Records Administration NOTICES Charter Renewals: Advisory Committee on Presidential Library-Foundation Partnerships, 48464 2016-17460 National Institute National Institutes of Health NOTICES Government-Owned Inventions; Availability for Licensing, 48439 2016-17419 Meetings: Eunice Kennedy Shriver National Institute of Child Health and Human Development, 48438-48439 2016-17422 2016-17423 National Heart, Lung, and Blood Advisory Council, 48440 2016-17420 National Heart, Lung, and Blood Institute, 48439-48440 2016-17421 National Oceanic National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 48393-48394 2016-17471 Applications: Marine Mammals; File No. 20481, 48394 2016-17402 Meetings: Caribbean Fishery Management Council, 48394-48396 2016-17450 2016-17451 International Whaling Commission, 48395 2016-17452 Navy Navy Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 48408 2016-17487 Environmental Assessments; Availability, etc.: Consolidation and Renovation at Marine Corps Forces Reserve Center Brooklyn, NY, 48408-48409 2016-17537 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Meetings;

Sunshine Act, 48464 2016-17619 Ocean Energy Management Ocean Energy Management Bureau NOTICES Records of Decisions: Gulf of Mexico, Outer Continental Shelf, Western Planning Area Oil and Gas Lease Sale 248, 48449 2016-17566 Sales: Western Gulf of Mexico Planning Area Outer Continental Shelf Oil and Gas Lease Sale 248, 48443-48448 2016-17574 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS Foreign Assistance Act of 1961; Delegation of Authority Under Section 610 (Memorandum of July 13, 2016), 48315 2016-17639 Foreign Assistance Act of 1961;

Delegation of Authority Under Sections 614(a)(1) and 610 (Memorandum of July 13, 2016), 48317 2016-17640 Procurement Procurement and Property Management Office, Agriculture Department NOTICES Fiscal Year 2015 Service Contract Inventories, 48377 2016-17499 Railroad Retirement Railroad Retirement Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 48464-48465 2016-17475 Rural Business Rural Business-Cooperative Service NOTICES Funding Availabilities:

Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance Program, 48377-48381 2016-17486 Repowering Assistance Program, 48381-48384 2016-17485 Securities Securities and Exchange Commission NOTICES Priorities, Requirements, Definitions, and Selection Criteria: NASDAQ BX, Inc., 48485-48487 2016-17448 Self-Regulatory Organizations; Proposed Rule Changes: Depository Trust Co., 48482-48485 2016-17445 Financial Industry Regulatory Authority, Inc., 48465-48475 2016-17446 NASDAQ Stock Market, LLC, 48475-48477, 48487-48490 2016-17443 2016-17447 NYSE Arca, Inc., 48477-48482 2016-17444 Small Business Small Business Administration RULES Small Business Mentor Protege Programs, 48558-48595 2016-16399 NOTICES Disaster Declarations:

Oklahoma, 48490 2016-17454 Military Reservist Economic Injury Disaster Loans Interest Rate for Fourth Quarter Fiscal Year 2016, 48490 2016-17467 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 48440-48441 2016-17411 Current List of HHS-Certified Laboratories and Instrumented Initial Testing Facilities Which Meet Minimum Standards to Engage in Urine Drug Testing for Federal Agencies, 48441-48442 2016-17441 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Transit Administration Treasury Treasury Department See Comptroller of the Currency See Internal Revenue Service Separate Parts In This Issue Part II Federal Deposit Insurance Corporation, 48506-48556 2016-16693 Federal Reserve System, 48506-48556 2016-16693 Treasury Department, Comptroller of the Currency, 48506-48556 2016-16693 Part III Small Business Administration, 48558-48595 2016-16399 Part IV Education Department, 48598-48617 2016-17068 Part V Energy Department, 48620-48646 2016-17139 Part VI Interior Department, Fish and Wildlife Service, 48648-48685 2016-17330 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, 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. 81 142 Monday, July 25, 2016 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 25 [Docket No. FAA-2015-1087; Special Conditions No. 25-622-SC] Special Conditions: Avmax Aviation Services Inc., Bombardier Model DHC-8-100/-200/-300 Series Airplanes;

Installed Rechargeable Lithium Batteries and Battery Systems AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final special conditions; request for comments. SUMMARY: These special conditions are issued for the Bombardier Model DHC-8-100/-200/-300 series airplanes. These airplanes, as modified by Avmax Aviation Services Inc. (Avmax), 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 rechargeable lithium batteries to replace the existing nickel-cadmium and lead-acid rechargeable batteries. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for these design features. 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 Avmax July 25, 2016.

We must receive your comments by September 8, 2016. ADDRESSES: Send comments identified by docket number FAA-2015-1087 using any of the following methods: • Federal eRegulations Portal: Go to *http://www.regulations.gov/* and follow the online instructions for sending your comments electronically. • *Mail:* Send comments to Docket Operations, M-30, U.S. Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room W12-140, West Building Ground Floor, Washington, DC, 20590-0001. • *Hand Delivery or Courier:* Take comments to Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • *Fax:* Fax comments to Docket Operations at 202-493-2251. *Privacy:* The FAA will post all comments it receives, without change, to *http://www.regulations.gov/,* including any personal information the commenter provides.

Using the search function of the docket Web site, anyone can find and read the electronic form of all comments received into any FAA docket, including the name of the individual sending the comment (or signing the comment for an association, business, labor union, etc.). DOT's complete Privacy Act Statement can be found in the **Federal Register** published on April 11, 2000 (65 FR 19477-19478), as well as at *http://DocketsInfo.dot.gov/.* *Docket:* Background documents or comments received may be read at *http://www.regulations.gov/* at any time.

Follow the online instructions for accessing the docket or go to the Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Nazih Khaouly, FAA, Airplane and 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 of, and opportunity for prior public comment on, these special conditions is impracticable because these procedures would significantly delay issuance of the design approval and thus delivery of the affected airplanes. 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 publication in the **Federal Register** .

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 will consider all comments we receive by the closing date for comments. We may change these special conditions based on the comments we receive. Background On September 8, 2015, Avmax Aviation Services Inc. applied for a supplemental type certificate

(STC)for the installation of rechargeable lithium batteries to replace the existing nickel-cadmium and lead-acid rechargeable batteries in Bombardier Model DHC-8-100/-200/-300 series airplanes. The Model DHC-8-100/-200/-300 series airplanes are transport-category, twin-engine turboprops with a maximum capacity of 37 (100 and 200 series) or 50 (300 series) passengers and a maximum takeoff weight of 36,300 lbs (100 and 200 series) or 43,000 lbs (300 series). Type Certification Basis Under the provisions of 14 CFR 21.101, Avmax must show that the Bombardier Model DHC-8-100/-200/-300 series airplanes, as changed, continue to meet the applicable provisions of the regulations incorporated by reference in Type Certificate No. A13NM, 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.” In addition, if the regulations incorporated by reference do not provide adequate standards regarding the change, the applicant must comply with certain regulations in effect on the date of application for the change. If the Administrator finds that the applicable airworthiness regulations ( *i.e.,* 14 CFR part 25) do not contain adequate or appropriate safety standards for the Model DHC-8-100/-200/-300 series airplanes because of a novel or unusual design feature, special conditions are prescribed under the provisions of 14 CFR 21.16. Special conditions are initially applicable to the model for which they are issued. Should the applicant apply for an STC to modify any other model included on the same type certificate to incorporate the same novel or unusual design feature, the special conditions would also apply to the other model. In addition to the applicable airworthiness regulations and special conditions, the Model DHC-8-100/-200/-300 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 § 21.101. Novel or Unusual Design Features The Bombardier Model DHC-8-100/-200/-300 series airplanes, as modified by Avmax, will incorporate the following novel or unusual design feature: Installed rechargeable lithium batteries and battery systems. Rechargeable lithium batteries are a novel or unusual design feature in transport-category airplanes. This type of battery has 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 transport-category airplanes. 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 recodified battery requirements, § 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 that led to additional rulemaking affecting large transport-category airplanes as well as small airplanes. On September 1, 1977, and March 1, 1978, with Amendments 25-41 and 25-42, respectively, the FAA added paragraphs (c)(5) and (c)(6) to § 25.1353, governing nickel-cadmium battery installations on large transport-category airplanes. On December 10, 2007, Amendment 25-123 moved the contents of paragraph

(b)in § 25.1353 to the new subpart H, resulting in the relocation of the regulations governing the installation of batteries in § 25.1353 from paragraph

(c)to paragraph (b). The proposed use of rechargeable lithium batteries for equipment and systems on airplanes prompted the FAA to review the adequacy of these existing battery regulations. Our review indicates that the existing regulations do not adequately address several failure, operational, and maintenance characteristics of lithium batteries, which could affect the safety and reliability of the lithium battery installations. At present, the airplane industry has limited experience with the use of lithium batteries in applications involving commercial aviation. However, other users of this technology, ranging from wireless-telephone manufacturers to the electric-vehicle industry, have noted safety problems with rechargeable lithium batteries. These problems include overcharging, over-discharging, and flammability of cell components. 1. Overcharging In general, lithium batteries are significantly more susceptible to internal failures that can result in self-sustaining increases in temperature and pressure ( *i.e.,* thermal runaway) than their nickel-cadmium or lead-acid counterparts. This condition is especially true for overcharging, which causes heating and destabilization of the components of the cell, leading to the formation (by plating) of highly unstable metallic lithium. The metallic lithium can ignite, resulting in a self-sustaining fire or explosion. In addition, the severity of thermal runaway, due to overcharging, increases with increasing battery capacity due to the higher amount of electrolyte in large batteries. 2. Over-Discharging Discharge of some types of lithium battery cells 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—a problem shared with nickel-cadmium batteries. 3. Flammability of Cell Components Unlike nickel-cadmium and lead-acid batteries, some types of lithium batteries use liquid electrolytes that are flammable. The electrolyte can serve as a source of fuel for an external fire if there is a breach of the battery container. These problems, which users of lithium batteries 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 Bombardier Model DHC-8-100/-200/-300 series airplanes and to ensure, as required in §§ 25.601 and 25.1309, that these battery installations are not hazardous or unreliable. 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. Applicability As discussed above, these special conditions are applicable to Bombardier Model DHC-8-100/-200/-300 series airplanes as modified by Avmax. Should Avmax apply at a later date for a supplemental type certificate to modify any other model included on Type Certificate No. A13NM 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 two model series of airplanes. It is not a rule of general applicability. The substance of these special conditions has been subjected to the notice and comment period in several prior instances and has been derived without substantive change from those previously issued. It is unlikely that prior public comment would result in a significant change from the substance contained herein. Therefore, because a delay would significantly affect the certification of the airplane, which is imminent, the FAA has determined that prior public notice and comment are unnecessary and impracticable, and good cause exists for adopting these special conditions upon publication in the **Federal Register** . The FAA is requesting comments to allow interested persons to submit views that may not have been submitted in response to the prior opportunities for comment described above. List of Subjects in 14 CFR Part 25 Aircraft, Aviation safety, Reporting and recordkeeping requirements. The authority citation for these special conditions is as follows: Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704. The Special Conditions Accordingly, pursuant to the authority delegated to me by the Administrator, the following special conditions are issued as part of the type certification basis for Bombardier Model DHC-8-100/-200/-300 series airplanes modified by Avmax Aviation Services Inc. In lieu of the requirements of 14 CFR 25.1353(c)(1) through (c)(4) at Amendment 25-51, all rechargeable lithium batteries and battery systems on Model DHC-8-100/-200/-300 airplanes, as modified by Avmax Aviation Services Inc., 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 rechargeable lithium battery installation must preclude explosion in the event of those failures. 2. Design of the rechargeable lithium batteries must preclude the occurrence of self-sustaining, uncontrolled increases in temperature or pressure. 3. No explosive or toxic gases emitted by any rechargeable lithium battery in normal operation, or as the result of any failure of the battery charging system, monitoring system, or battery installation which is not shown to be extremely remote, may accumulate in hazardous quantities within the airplane. 4. Installations of rechargeable lithium batteries must meet the requirements of § 25.863(a) through (d). 5. No corrosive fluids or gases that may escape from any rechargeable 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, in accordance with § 25.1309(b) and applicable regulatory guidance. 6. Each rechargeable 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 the charging rate of the battery automatically, designed to prevent battery overheating or overcharging, and, a. 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, b. 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 rechargeable 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 must contain maintenance requirements to assure that the battery is sufficiently charged at appropriate intervals specified by the battery manufacturer and the equipment manufacturer that contain the rechargeable lithium battery or rechargeable lithium battery system. This is required to ensure that rechargeable lithium batteries and rechargeable lithium battery systems will not degrade below specified ampere-hour levels sufficient to power the airplane systems for intended applications. The instructions for continued airworthiness must also contain procedures for the maintenance of batteries in spares storage to prevent the replacement of batteries with batteries that have experienced degraded charge retention ability or other damage due to prolonged storage at a low state of charge. Replacement batteries must be of the same manufacturer and part number as approved by the FAA. Precautions should be included, in the instructions for continued airworthiness maintenance instructions, to prevent mishandling of the rechargeable lithium battery and rechargeable lithium battery systems, which could result in short-circuit, or other unintentional impact damage caused by dropping batteries or other destructive means that could result in personal injury or property damage. Note 1: The term “sufficiently charged” means that the battery will retain enough of a charge, expressed in ampere-hours, to ensure that the battery cells will not be damaged. A battery cell may be damaged by lowering the charge below a point where the battery experiences a reduction in the ability to charge and retain a full charge. This reduction 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(c) in the certification basis of Bombardier Model DHC-8-100/-200/-300 series airplanes. These special conditions apply only to rechargeable lithium batteries and lithium battery systems and their installations on Bombardier Model DHC-8-100/-200/-300 series airplanes, as modified by Avmax. The requirements of § 25.1353(c) remain in effect for batteries and battery installations on Bombardier Model DHC-8-100/-200/-300 series airplanes that do not use lithium batteries. Issued in Renton, Washington, on July 15, 2016. Michael Kaszycki, Assistant Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2016-17428 Filed 7-22-16; 8:45 am]

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