Special Conditions: Boeing Model 767-200, -300, and -300F Series Airplanes; Satellite Communication System With Lithium Ion Battery Installation, 7203-7205 [E8-2224]

Download as PDF Federal Register / Vol. 73, No. 26 / Thursday, February 7, 2008 / Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 25 [Docket No. NM387; Special Conditions No. 25–366–SC] Special Conditions: Boeing Model 767– 200, –300, and –300F Series Airplanes; Satellite Communication System With Lithium Ion Battery Installation Federal Aviation Administration (FAA), DOT. ACTION: Final special conditions; request for comments. AGENCY: These special conditions are issued for Boeing Model 767–200, –300, and –300F series airplanes. These airplanes as modified by ABX Air Inc. will have a novel or unusual design feature associated with a satellite communication system which uses lithium ion battery technology. 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 January 25, 2008. We must receive your comments by March 10, 2008. ADDRESSES: You must mail two copies of your comments to: Federal Aviation Administration, Transport Airplane Directorate, Attention: Rules Docket (ANM–113), Docket No. NM387, 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. NM387. You can inspect comments in the Rules Docket weekdays, except federal holidays, between 7:30 a.m. and 7 p.m. FOR FURTHER INFORMATION CONTACT: Nazih Khaouly, FAA, Airplane and Flight Crew Interface, 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 on these special conditions are unnecessary because the substance of these special conditions has previously been subject to the public comment rfrederick on PROD1PC67 with RULES SUMMARY: VerDate Aug<31>2005 15:02 Feb 06, 2008 Jkt 214001 process. While we received comments on the previously-proposed special conditions and carefully reviewed them, we determined that no changes were needed to the special conditions, as proposed. In addition, notice and opportunity for prior public comment are impracticable because these procedures would significantly delay issuance of the design approval and thus delivery of the affected aircraft. Therefore, the FAA finds that it is unnecessary to provide an additional opportunity to comment and 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 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 preaddressed, stamped postcard on which the docket number appears. We will stamp the date on the postcard and mail it back to you. Background On July 5, 2007, ABX Air, Inc. of Wilmington, Ohio applied for a supplemental type certificate to install a satellite communication system on Boeing Model 767–200, –300, and –300F series airplanes. The satellite communication system contains the following equipment: • Wingspeed Corporation Aircraft Communication Unit, • Sensor Systems GPS/Iridium Antennae, • Satellite Phone Handset, • DAC International Class II GEN–X Electronic Flight Bag System, and PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 7203 • RITEC Airborne Printer At present, there is limited experience with use of rechargeable lithium ion 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 lithium ion batteries. These problems 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 selfsustaining increases in temperature and pressure (i.e., thermal runaway) than their nickel-cadmium or lead-acid counterparts. This is especially true for overcharging that 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. Finally, 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 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 flight crews 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 ion 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 experienced by users of lithium ion batteries raise concern about the use of these batteries in commercial aviation. Accordingly, the proposed use of lithium ion batteries in a satellite communication system on Boeing Model 767–200, –300, and –300F series airplanes has prompted the FAA to review the adequacy of existing regulations in 14 CFR 25. Our review indicates that the existing regulations do not adequately address several failure, operational, and maintenance characteristics of lithium ion batteries E:\FR\FM\07FER1.SGM 07FER1 7204 Federal Register / Vol. 73, No. 26 / Thursday, February 7, 2008 / Rules and Regulations rfrederick on PROD1PC67 with RULES that could affect the safety and reliability of lithium ion battery installations. The intent of these special conditions is to establish appropriate airworthiness standards for lithium ion batteries in Boeing Model 767–200, –300, and –300F series airplanes modified by ABX Air Inc. and to ensure, as required by 14 CFR 25.601, that these battery installations are not hazardous or unreliable. Accordingly, these special conditions include the following requirements: • Those provisions of 14 CFR 25.1353 which are applicable to lithium ion batteries. • The flammable fluid fire protection provisions of 14 CFR 25.863. In the past, this regulation 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 overdischarging that are unique to lithium batteries. • New Instructions for Continuous Airworthiness that include maintenance requirements to ensure that batteries used as spares are maintained in an appropriate state of charge. Type Certification Basis Under the provisions of 14 CFR 21.101, ABX Air, Inc. must show that the Boeing Model 767–200, –300 and –300F series airplanes, as changed, continue to meet the applicable provisions of the regulations incorporated by reference in Type Certificate No. A1NM 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 Boeing Model 767–200, –300, and –300F series airplanes includes applicable sections of 14 CFR part 25, effective July 30, 1982, as amended by Amendments 25–1 through 25–45, except for portions of Amendment 25.38. In addition, the certification basis includes certain special conditions, exemptions, equivalent levels of safety, or later amended sections of the applicable part 25 that are not relevant to these special conditions. If the Administrator finds that the applicable airworthiness regulations (i.e., part 25, as amended) do not contain adequate or appropriate safety standards for Boeing Model 767–200, –300, and –300F series airplanes because of a novel or unusual design VerDate Aug<31>2005 15:02 Feb 06, 2008 Jkt 214001 feature, special conditions are prescribed under the provisions of § 21.16. In addition to the applicable airworthiness regulations and special conditions, the Boeing Model 767–200, –300, and –300F 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, under 14 CFR 11.38, and they become part of the type certification basis in accordance with § 21.101. Special conditions are initially applicable to the models for which they are issued. Should ABX Air, Inc. apply for a supplemental type certificate to modify any other model included on Type Certificate No. A1NM to incorporate the same or similar novel or unusual design feature, these special conditions would also apply to the other model. Novel or Unusual Design Features The Boeing Model 767–200, –300, and 300F series airplanes—as modified by ABX Air Inc. to include a satellite communication system which uses lithium ion battery technology—will incorporate a novel or unusual design feature. 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 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. The satellite communication system will include a lithium ion battery installation. Large, high capacity, rechargeable lithium ion 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 large transport category airplanes. The FAA issues these special conditions to require that (1) all characteristics of the lithium ion battery and its installation that could affect safe operation of the satellite communication system are addressed, and (2) appropriate maintenance requirements are established to ensure that electrical power is available from the batteries when it is needed. PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 Applicability As discussed above, these special conditions are applicable to the Boeing Model 767–200, –300, and –300F series airplanes as modified by ABX Air Inc. Should ABX Air, Inc. apply at a later date for a supplemental type certificate to modify any other model included on Type Certificate No. A1NM to incorporate the same novel or unusual design feature, these special conditions would apply to that model as well. Conclusion This action affects only certain novel or unusual design features of the Boeing Model 767–200, –300, and 300F series airplanes as modified by ABX Air Inc. It is not a rule of general applicability and affects only the applicant which applied to the FAA for approval of these features on the airplane. 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. For this reason and 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 that good cause exists for adopting these special conditions upon issuance. 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 comments described above. List of Subjects in 14 CFR Part 25 Aircraft, Aviation safety, Reporting and recordkeeping requirements. I The authority citation for these special conditions is as follows: Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704. The Special Conditions The FAA proposes the following special conditions as part of the type certification basis for Boeing Model 767–200, –300, and 300F series airplanes modified by ABX Air Inc. in lieu of the requirements of 14 CFR 25.1353(c)(1) through (c)(4), Amendment 25–113. Lithium ion batteries and battery installations on Boeing 767–200, –300, and –300F series airplanes must be designed and installed as follows: (1) Safe cell temperatures and pressures must be maintained during E:\FR\FM\07FER1.SGM 07FER1 rfrederick on PROD1PC67 with RULES Federal Register / Vol. 73, No. 26 / Thursday, February 7, 2008 / Rules and Regulations 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 selfsustaining, 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 which is 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 VerDate Aug<31>2005 15:02 Feb 06, 2008 Jkt 214001 requirements to assure that the lithium ion battery is sufficiently charged at appropriate intervals specified by the battery manufacturer to ensure that batteries whose function is required for safe operation of the airplane will not degrade below specified ampere-hour levels sufficient to power the electronic flight bag (EFB) applications that are required for continued safe flight and landing. 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 function 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. Precautions should be included in the Instructions for Continued Airworthiness maintenance instructions to prevent mishandling of the lithium ion battery which could result in shortcircuit or other unintentional damage that could result in personal injury or property damage. Note 1: The term, ‘‘sufficiently charged’’ means the charge that is applied to rechargeable lithium ion batteries, which diminishes during the life of batteries with respect to the retentive capacity of the batteries to deliver available power—where capacity is the total quantity of electricity of a cell or battery, expressed in ampere-hours. Battery life is influenced by its internal chemical reaction and by other factors, such as temperature, shock, the number of recharges, etc. Note 2: These special conditions are not intended to replace 14 CFR 25.1353(c), Amendment 25–113 in the certification basis of the ABX, Air Inc supplemental type certificate. These special conditions apply only to lithium ion batteries and their installations. The requirements of 14 CFR 25.1353(c), Amendment 25–113 remain in effect for batteries and battery installations on the ABX Air supplemental type certificate that do not use lithium ion batteries. Compliance with the requirements of this Special Condition must be shown by test or analysis, with the concurrence of the Chicago Aircraft Certification Office. Issued in Renton, Washington, on January 25, 2008. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E8–2224 Filed 2–6–08; 8:45 am] BILLING CODE 4910–13–P PO 00000 SECURITIES AND EXCHANGE COMMISSION 17 CFR Part 200 [Release No. 34–57262] Delegation of Authority to the Director of the Division of Corporation Finance Securities and Exchange Commission. ACTION: Final rule. AGENCY: SUMMARY: The Securities and Exchange Commission is amending its Rules of Organization and Program Management to delegate its authority to the Director of the Division of Corporation Finance to grant or deny exemptions pursuant to Section 36 of the Securities Exchange Act of 1934 from the requirement for registrants in connection with an annual meeting of security holders to furnish an annual report to security holders that contains audited financial statements as required by rules under the Exchange Act under certain limited circumstances. The delegation of authority is intended to conserve Commission resources by permitting the staff to review and act on exemptive applications under Section 36 when appropriate. DATES: Fmt 4700 Sfmt 4700 Effective Date: February 7, 2008. FOR FURTHER INFORMATION CONTACT: Celeste M. Murphy, Special Counsel, at (202) 551–3440, Office of Mergers and Acquisitions, Division of Corporation Finance, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549–3628. SUPPLEMENTARY INFORMATION: The Commission today announces an amendment to its Organization and Program Management Rules governing Delegations of Authority to the Director of the Division of Corporation Finance.1 The amendment adds to Rule 30–1 a new paragraph (e)(18) authorizing the Director to grant or deny exemptions from the requirements of Rule 14a–3(b) and Rule 14c–3(a) under the Exchange Act, pursuant to Section 36 of the Exchange Act, for audited financial statements to be included in the annual report to be furnished to security holders in connection with an annual meeting of security holders. A number of companies have faced the dilemma of being required to hold a meeting of security holders when they are unable to deliver current audited financial statements. These companies may be compelled to hold meetings of their security holders pursuant to the provisions of certain state corporation 1 17 Frm 00019 7205 E:\FR\FM\07FER1.SGM CFR 200.30–1. 07FER1

Agencies

[Federal Register Volume 73, Number 26 (Thursday, February 7, 2008)]
[Rules and Regulations]
[Pages 7203-7205]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-2224]



[[Page 7203]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. NM387; Special Conditions No. 25-366-SC]


Special Conditions: Boeing Model 767-200, -300, and -300F Series 
Airplanes; Satellite Communication System With Lithium Ion Battery 
Installation

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

-----------------------------------------------------------------------

SUMMARY: These special conditions are issued for Boeing Model 767-200, 
-300, and -300F series airplanes. These airplanes as modified by ABX 
Air Inc. will have a novel or unusual design feature associated with a 
satellite communication system which uses lithium ion battery 
technology. 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 January 25, 
2008. We must receive your comments by March 10, 2008.

ADDRESSES: You must mail two copies of your comments to: Federal 
Aviation Administration, Transport Airplane Directorate, Attention: 
Rules Docket (ANM-113), Docket No. NM387, 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. NM387. You can inspect comments in the Rules 
Docket weekdays, except federal holidays, between 7:30 a.m. and 7 p.m.

FOR FURTHER INFORMATION CONTACT: Nazih Khaouly, FAA, Airplane and 
Flight Crew Interface, 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 on these special conditions are 
unnecessary because the substance of these special conditions has 
previously been subject to the public comment process. While we 
received comments on the previously-proposed special conditions and 
carefully reviewed them, we determined that no changes were needed to 
the special conditions, as proposed. In addition, notice and 
opportunity for prior public comment are impracticable because these 
procedures would significantly delay issuance of the design approval 
and thus delivery of the affected aircraft. Therefore, the FAA finds 
that it is unnecessary to provide an additional opportunity to comment 
and 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 
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 July 5, 2007, ABX Air, Inc. of Wilmington, Ohio applied for a 
supplemental type certificate to install a satellite communication 
system on Boeing Model 767-200, -300, and -300F series airplanes. The 
satellite communication system contains the following equipment:
     Wingspeed Corporation Aircraft Communication Unit,
     Sensor Systems GPS/Iridium Antennae,
     Satellite Phone Handset,
     DAC International Class II GEN-X Electronic Flight Bag 
System, and
     RITEC Airborne Printer
    At present, there is limited experience with use of rechargeable 
lithium ion 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 lithium ion batteries. These problems 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 (i.e., thermal runaway) than 
their nickel-cadmium or lead-acid counterparts. This is especially true 
for overcharging that 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. Finally, 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 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 flight crews 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 ion 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 experienced by users of lithium ion batteries raise 
concern about the use of these batteries in commercial aviation. 
Accordingly, the proposed use of lithium ion batteries in a satellite 
communication system on Boeing Model 767-200, -300, and -300F series 
airplanes has prompted the FAA to review the adequacy of existing 
regulations in 14 CFR 25. Our review indicates that the existing 
regulations do not adequately address several failure, operational, and 
maintenance characteristics of lithium ion batteries

[[Page 7204]]

that could affect the safety and reliability of lithium ion battery 
installations.
    The intent of these special conditions is to establish appropriate 
airworthiness standards for lithium ion batteries in Boeing Model 767-
200, -300, and -300F series airplanes modified by ABX Air Inc. and to 
ensure, as required by 14 CFR 25.601, that these battery installations 
are not hazardous or unreliable. Accordingly, these special conditions 
include the following requirements:
     Those provisions of 14 CFR 25.1353 which are applicable to 
lithium ion batteries.
     The flammable fluid fire protection provisions of 14 CFR 
25.863.
    In the past, this regulation 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 batteries.
     New Instructions for Continuous Airworthiness that include 
maintenance requirements to ensure that batteries used as spares are 
maintained in an appropriate state of charge.

Type Certification Basis

    Under the provisions of 14 CFR 21.101, ABX Air, Inc. must show that 
the Boeing Model 767-200, -300 and -300F series airplanes, as changed, 
continue to meet the applicable provisions of the regulations 
incorporated by reference in Type Certificate No. A1NM 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 Boeing Model 767-200, -300, and -300F 
series airplanes includes applicable sections of 14 CFR part 25, 
effective July 30, 1982, as amended by Amendments 25-1 through 25-45, 
except for portions of Amendment 25.38. In addition, the certification 
basis includes certain special conditions, exemptions, equivalent 
levels of safety, or later amended sections of the applicable part 25 
that are not relevant to these special conditions.
    If the Administrator finds that the applicable airworthiness 
regulations (i.e., part 25, as amended) do not contain adequate or 
appropriate safety standards for Boeing Model 767-200, -300, and -300F 
series airplanes because of a novel or unusual design feature, special 
conditions are prescribed under the provisions of Sec.  21.16.
    In addition to the applicable airworthiness regulations and special 
conditions, the Boeing Model 767-200, -300, and -300F 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, 
under 14 CFR 11.38, and they become part of the type certification 
basis in accordance with Sec.  21.101.
    Special conditions are initially applicable to the models for which 
they are issued. Should ABX Air, Inc. apply for a supplemental type 
certificate to modify any other model included on Type Certificate No. 
A1NM to incorporate the same or similar novel or unusual design 
feature, these special conditions would also apply to the other model.

Novel or Unusual Design Features

     The Boeing Model 767-200, -300, and 300F series airplanes--as 
modified by ABX Air Inc. to include a satellite communication system 
which uses lithium ion battery technology--will incorporate a novel or 
unusual design feature. 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 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.
    The satellite communication system will include a lithium ion 
battery installation. Large, high capacity, rechargeable lithium ion 
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 large transport category airplanes. The FAA issues 
these special conditions to require that (1) all characteristics of the 
lithium ion battery and its installation that could affect safe 
operation of the satellite communication system are addressed, and (2) 
appropriate maintenance requirements are established to ensure that 
electrical power is available from the batteries when it is needed.

Applicability

     As discussed above, these special conditions are applicable to the 
Boeing Model 767-200, -300, and -300F series airplanes as modified by 
ABX Air Inc. Should ABX Air, Inc. apply at a later date for a 
supplemental type certificate to modify any other model included on 
Type Certificate No. A1NM to incorporate the same novel or unusual 
design feature, these special conditions would apply to that model as 
well.

Conclusion

     This action affects only certain novel or unusual design features 
of the Boeing Model 767-200, -300, and 300F series airplanes as 
modified by ABX Air Inc. It is not a rule of general applicability and 
affects only the applicant which applied to the FAA for approval of 
these features on the airplane.
    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. For this reason and 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 that good cause exists 
for adopting these special conditions upon issuance. 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 
comments described above.

List of Subjects in 14 CFR Part 25

     Aircraft, Aviation safety, Reporting and recordkeeping 
requirements.


0
 The authority citation for these special conditions is as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704.

The Special Conditions

     The FAA proposes the following special conditions as part of the 
type certification basis for Boeing Model 767-200, -300, and 300F 
series airplanes modified by ABX Air Inc. in lieu of the requirements 
of 14 CFR 25.1353(c)(1) through (c)(4), Amendment 25-113.
    Lithium ion batteries and battery installations on Boeing 767-200, 
-300, and -300F series airplanes must be designed and installed as 
follows:
    (1) Safe cell temperatures and pressures must be maintained during

[[Page 7205]]

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 which is 
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 to assure that the 
lithium ion battery is sufficiently charged at appropriate intervals 
specified by the battery manufacturer to ensure that batteries whose 
function is required for safe operation of the airplane will not 
degrade below specified ampere-hour levels sufficient to power the 
electronic flight bag (EFB) applications that are required for 
continued safe flight and landing. 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 function 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. 
Precautions should be included in the Instructions for Continued 
Airworthiness maintenance instructions to prevent mishandling of the 
lithium ion battery which could result in short-circuit or other 
unintentional damage that could result in personal injury or property 
damage.

    Note 1: The term, ``sufficiently charged'' means the charge that 
is applied to rechargeable lithium ion batteries, which diminishes 
during the life of batteries with respect to the retentive capacity 
of the batteries to deliver available power--where capacity is the 
total quantity of electricity of a cell or battery, expressed in 
ampere-hours. Battery life is influenced by its internal chemical 
reaction and by other factors, such as temperature, shock, the 
number of recharges, etc.


    Note 2: These special conditions are not intended to replace 14 
CFR 25.1353(c), Amendment 25-113 in the certification basis of the 
ABX, Air Inc supplemental type certificate. These special conditions 
apply only to lithium ion batteries and their installations. The 
requirements of 14 CFR 25.1353(c), Amendment 25-113 remain in effect 
for batteries and battery installations on the ABX Air supplemental 
type certificate that do not use lithium ion batteries.

     Compliance with the requirements of this Special Condition must be 
shown by test or analysis, with the concurrence of the Chicago Aircraft 
Certification Office.

    Issued in Renton, Washington, on January 25, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-2224 Filed 2-6-08; 8:45 am]
BILLING CODE 4910-13-P