62498 Federal Register / Vol. 78, No. 204 / Tuesday, October 22, 2013 / Proposed Rules 

the requirements of § 25.1353(b)(1) 

through (b)(4) at Amendment 25–113: 

Rechargeable lithium-ion batteries 

and battery systems on Learjet Model 

35, 35A, 36, and 36A airplanes 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-ion batteries and 

battery systems must preclude 

explosion in the event of those failures. 

2. Design of the rechargeable lithiumion batteries and battery systems must 

preclude the occurrence of selfsustaining, uncontrolled increases in 

temperature or pressure. 

3. No explosive or toxic gases emitted 

by any rechargeable lithium-ion 

batteries and battery systems in normal 

operation, or as the result of any failure 

of the battery charging system, 

monitoring system, or battery 

installation that is not shown to be 

extremely remote, may accumulate in 

hazardous quantities within the 

airplane. 

4. Installations of rechargeable 

lithium-ion batteries and battery 

systems must meet the requirements of 

§ 25.863(a) through (d). 

5. No corrosive fluids or gases that 

may escape from any lithium-ion 

batteries and battery systems 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 lithium-ion battery and 

battery system 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. Rechargeable lithium-ion batteries 

and battery systems must have a system 

to automatically control the charging 

rate of the battery, 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 rechargeable lithium-ion 

batteries and battery systems, the 

function of which are 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 lithium-ion batteries 

are sufficiently charged at appropriate 

intervals specified by the battery 

manufacturer and the equipment 

manufacturer of the rechargeable 

lithium-ion battery or rechargeable 

lithium-ion battery system. This is 

required to ensure that rechargeable 

lithium-ion batteries and battery 

systems will not degrade below 

specified ampere-hour levels sufficient 

to power the aircraft system, 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-ion batteries and battery 

systems, which could result in shortcircuit or other unintentional impact 

damage caused by dropping or other 

destructive means. 

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(b) at 

Amendment 25–113 in the certification basis 

for Learjet Model 35, 35A, 36, and 36A 

airplanes. These special conditions apply 

only to rechargeable lithium-ion batteries and 

battery systems and their installations. The 

requirements of § 25.1353(b) at Amendment 

25–113 remain in effect for batteries and 

battery installations on Learjet Model 35, 

35A, 36, and 36A airplanes that do not use 

rechargeable lithium-ion batteries. 

Issued in Renton, Washington, on 

September 19, 2013. 

Ross Landes, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2013–24727 Filed 10–21–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2013–0708; Airspace 

Docket No. 13–AWP–11] 

Proposed Establishment of Class E 

Airspace, Amendment of Class D and 

Class E Airspace, and Revocation of 

Class E Airspace; Salinas, CA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

establish Class E airspace and modify 

Class E airspace at Salinas, CA, to 

accommodate aircraft departing and 

arriving under Instrument Flight Rules 

(IFR) at Salinas Municipal Airport. This 

action also would remove Class E 

airspace designated as surface area. The 

geographic coordinates of the airport 

also would be adjusted in the respective 

Class D and Class E airspace areas. This 

action, initiated by the biennial review 

of the Salinas airspace area, would 

enhance the safety and management of 

aircraft operations at the airport. 

DATES: Comments must be received on 

or before December 6, 2013. 

ADDRESSES: Send comments on this 

proposal to the U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590; telephone (202) 

366–9826. You must identify FAA 

Docket No. FAA–2013–0708; Airspace 

Docket No. 13–AWP–11, at the 

beginning of your comments. You may 

also submit comments through the 

Internet at 

http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Eldon Taylor, Federal Aviation 

Administration, Operations Support 

Group, Western Service Center, 1601 

Lind Avenue SW., Renton, WA 98057; 

telephone (425) 203–4537. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

Interested parties are invited to 

participate in this proposed rulemaking 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 78, No. 204 / Tuesday, October 22, 2013 / Proposed Rules 62499 

by submitting such written data, views, 

or arguments, as they may desire. 

Comments that provide the factual basis 

supporting the views and suggestions 

presented are particularly helpful in 

developing reasoned regulatory 

decisions on the proposal. Comments 

are specifically invited on the overall 

regulatory, aeronautical, economic, 

environmental, and energy-related 

aspects of the proposal. 

Communications should identify both 

docket numbers (FAA Docket No. FAA 

2013–0708 and Airspace Docket No. 13– 

AWP–11) and be submitted in triplicate 

to the Docket Management System (see 

ADDRESSES section for address and 

phone number). You may also submit 

comments through the Internet at http:// 

www.regulations.gov. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

on this action must submit with those 

comments a self-addressed stamped 

postcard on which the following 

statement is made: ‘‘Comments to FAA 

Docket No. FAA–2013–0708 and 

Airspace Docket No. 13–AWP–11’’. The 

postcard will be date/time stamped and 

returned to the commenter. 

All communications received on or 

before the specified closing date for 

comments will be considered before 

taking action on the proposed rule. The 

proposal contained in this action may 

be changed in light of comments 

received. All comments submitted will 

be available for examination in the 

public docket both before and after the 

closing date for comments. A report 

summarizing each substantive public 

contact with FAA personnel concerned 

with this rulemaking will be filed in the 

docket. 

Availability of NPRMs 

An electronic copy of this document 

may be downloaded through the 

Internet at http://www.regulations.gov. 

Recently published rulemaking 

documents can also be accessed through 

the FAA’s Web page at http://

www.faa.gov/airports_airtraffic/air_

traffic/publications/airspace_

amendments/. 

You may review the public docket 

containing the proposal, any comments 

received, and any final disposition in 

person in the Dockets Office (see the 

ADDRESSES section for the address and 

phone number) between 9:00 a.m. and 

5:00 p.m., Monday through Friday, 

except federal holidays. An informal 

docket may also be examined during 

normal business hours at the Northwest 

Mountain Regional Office of the Federal 

Aviation Administration, Air Traffic 

Organization, Western Service Center, 

Operations Support Group, 1601 Lind 

Avenue SW., Renton, WA 98057. 

Persons interested in being placed on 

a mailing list for future NPRMs should 

contact the FAA’s Office of Rulemaking, 

(202) 267–9677, for a copy of Advisory 

Circular No. 11–2A, Notice of Proposed 

Rulemaking Distribution System, which 

describes the application procedure. 

The Proposal 

The FAA is proposing an amendment 

to Title 14 Code of Federal Regulations 

(14 CFR) Part 71 by establishing Class E 

airspace extending upward from 700 

feet above the surface within a 13.1-mile 

radius of Salinas Municipal Airport, 

Salinas, CA. Additionally, the 10-mile 

southeast segment of Class E airspace 

designated as an extension to Class D 

surface area would be modified from the 

4.3-mile radius of the airport to 8 miles 

southeast of the airport to meet current 

standards for IFR departures and 

arrivals at the airport. This modification 

eliminates the need for Class E airspace 

designated as surface area, and, 

therefore, would be removed. Also, the 

geographic coordinates of the airport 

would be updated to coincide with the 

FAA’s aeronautical database for the 

respective Class D and Class E airspace 

areas. This action, initiated by a 

biennial review of the airspace, is 

necessary for the safety and 

management of aircraft departing and 

arriving under IFR operations at the 

airport. 

Class D airspace and Class E airspace 

designations are published in 

paragraphs 5000, 6002, 6004 and 6005, 

respectively, of FAA Order 7400.9X, 

dated August 7, 2013, and effective 

September 15, 2013, which is 

incorporated by reference in 14 CFR 

Part 71.1. The Class D airspace and 

Class E airspace designation listed in 

this document will be published 

subsequently in this Order. 

The FAA has determined this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. 

Therefore, this proposed regulation (1) 

is not a ‘‘significant regulatory action’’ 

under Executive Order 12866; (2) is not 

a ‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that will only affect air 

traffic procedures and air navigation, it 

is certified this proposed rule, when 

promulgated, would not have a 

significant economic impact on a 

substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the U.S. Code. Subtitle 1, 

Section 106, describes the authority for 

the FAA Administrator. Subtitle VII, 

Aviation Programs, describes in more 

detail the scope of the agency’s 

authority. This rulemaking is 

promulgated under the authority 

described in Subtitle VII, Part A, 

Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of the airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This regulation is within the 

scope of that authority as it would 

amend controlled airspace at Salinas 

Municipal Airport, Salinas, CA. 

This proposal will be subject to an 

environmental analysis in accordance 

with FAA Order 1050.1E, 

‘‘Environmental Impacts: Policies and 

Procedures’’ prior to any FAA final 

regulatory action. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

Accordingly, pursuant to the 

authority delegated to me, the Federal 

Aviation Administration proposes to 

amend 14 CFR Part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for 14 CFR 

Part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR Part 71.1 of the Federal Aviation 

Administration Order 7400.9X, Airspace 

Designations and Reporting Points, 

dated August 7, 2013, and effective 

September 15, 2013 is amended as 

follows: 

Paragraph 5000 Class D airspace. 

* * * * * 

AWP CA D Salinas, CA [Modified] 

Salinas Municipal Airport, CA 

(Lat. 36°39′46′′ N., long. 121°36′23′′ W.) 

That airspace extending upward from the 

surface to but not including 2,500 feet MSL 

within a 4.3-mile radius of the Salinas 

Municipal Airport. This Class D airspace area 

is effective during the specific dates and 

times established in advance by a Notice to 


tkelley on DSK3SPTVN1PROD with PROPOSALS
62500 Federal Register / Vol. 78, No. 204 / Tuesday, October 22, 2013 / Proposed Rules 

Airmen. The effective date and time will 

thereafter be continuously published in the 

Airport/Facility Directory. 

Paragraph 6002 Class E airspace 

Designated as Surface Areas. 

* * * * * 

AWP CA E2 Salinas, CA [Removed] 

Paragraph 6004 Class E airspace areas 

designated as an extension to Class D surface 

area. 

* * * * * 

AWP CA E4 Salinas, CA [Modified] 

Salinas Municipal Airport, CA 

(Lat. 36°39′46′′ N., long. 121°36′23′′ W.) 

That airspace extending upward from the 

surface within 1.8 miles each side of the 150° 

bearing of Salinas Municipal Airport 

extending from the 4.3-mile radius of the 

airport to 8 miles southeast of the airport. 

This Class E airspace area is effective during 

the specific dates and times established in 

advance by a Notice to Airmen. The effective 

date and time will thereafter be continuously 

published in the Airport/Facility Directory. 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

AWP CA E5 Salinas, CA [New] 

Salinas Municipal Airport, CA 

(Lat. 36°39′46′′ N., long. 121°36′23′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 13.1-mile 

radius of Salinas Municipal Airport. 

Issued in Seattle, Washington, on 

September 26, 2013. 

Johanna Forkner, 

Acting Manager, Operations Support Group, 

Western Service Center. 

[FR Doc. 2013–24744 Filed 10–21–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

21 CFR Part 1308 

[Docket No. DEA–374] 

Schedules of Controlled Substances: 

Placement of Perampanel into 

Schedule III 

AGENCY: Drug Enforcement 

Administration, Department of Justice. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Drug Enforcement 

Administration (DEA) proposes to place 

the substance perampanel [2-(2-oxo-1- 

phenyl-5-pyridin-2-yl-1,2- 

dihydropyridin-3-yl) benzonitrile 

hydrate], including its salts, isomers, 

and salts of isomers, into Schedule III of 

the Controlled Substances Act (CSA). 

This proposed action is based on a 

recommendation from the Assistant 

Secretary for Health of the Department 

of Health and Human Services (HHS) 

and on an evaluation of all other 

relevant data by the DEA. If finalized, 

this action would impose the regulatory 

controls and administrative, civil, and 

criminal sanctions of Schedule III 

controlled substances on persons who 

handle (manufacture, distribute, 

dispense, import, export, engage in 

research, conduct instructional 

activities, and possess) or propose to 

handle perampanel. 

DATES: Interested persons may file 

written comments on this proposal in 

accordance with 21 CFR 1308.43(g). 

Comments must be submitted 

electronically or postmarked on or 

before November 21, 2013. Commenters 

should be aware that the electronic 

Federal Docket Management System 

will not accept comments after midnight 

Eastern Time on the last day of the 

comment period. 

Interested persons, defined as those 

‘‘adversely affected or aggrieved by any 

rule or proposed rule issuable pursuant 

to section 201 of the Act (21 U.S.C. 

811),’’ 21 CFR 1300.01, may file a 

request for hearing or waiver of 

participation pursuant to 21 CFR 

1308.44 and in accordance with 21 CFR 

1316.45 and 1316.47. Requests for 

hearing, notices of appearance, and 

waivers of an opportunity for a hearing 

or to participate in a hearing must be 

received on or before November 21, 

2013. 

ADDRESSES: To ensure proper handling 

of comments, please reference ‘‘Docket 

No. DEA–374’’ on all electronic and 

written correspondence. The DEA 

encourages that all comments be 

submitted through the Federal 

eRulemaking Portal, which provides the 

ability to type short comments directly 

into the comment field on the Web page 

or attach a file for lengthier comments. 

Go to 

http://www.regulations.gov and follow 

the on-line instructions at that site for 

submitting comments. An electronic 

copy of this document and 

supplemental information to this 

proposed rule are also available at 

http://www.regulations.gov for easy 

reference. Paper comments that 

duplicate electronic submissions are not 

necessary. All comments submitted to 

http://www.regulations.gov will be 

posted for public review and are part of 

the official docket record. Should you, 

however, wish to submit written 

comments, in lieu of electronic 

comments, they should be sent via 

regular or express mail to: Drug 

Enforcement Administration, Attention: 

DEA Federal Register Representative/ 

ODW, 8701 Morrissette Drive, 

Springfield, Virginia 22152. All requests 

for hearing and waivers of participation 

must be sent to: Drug Enforcement 

Administration, Attention: Hearing 

Clerk/LJ, 8701 Morrissette Drive, 

Springfield, Virginia 22152. 

FOR FURTHER INFORMATION CONTACT: 

Ruth A. Carter, Chief, Policy Evaluation 

and Analysis Section, Office of 

Diversion Control, Drug Enforcement 

Administration; Mailing Address: 8701 

Morrissette Drive, Springfield, Virginia 

22152; Telephone: (202) 598–6812. 

SUPPLEMENTARY INFORMATION: 

Posting of Public Comments 

Please note that comments received in 

response to this docket are considered 

part of the public record and will be 

made available for public inspection 

and posted at http:// 

www.regulations.gov. Such information 

includes personal identifying 

information (such as your name, 

address, etc.) voluntarily submitted by 

the commenter. 

If you want to submit personal 

identifying information (such as your 

name, address, etc.) as part of your 

comment, but do not want it to be made 

public, you must include the phrase 

‘‘PERSONAL IDENTIFYING 

INFORMATION’’ in the first paragraph 

of your comment. You must also place 

all the personal identifying information 

you do not want made publicly 

available in the first paragraph of your 

comment and identify what information 

you want redacted. 

If you want to submit confidential 

business information as part of your 

comment, but do not want it to be made 

publicly available, you must include the 

phrase ‘‘CONFIDENTIAL BUSINESS 

INFORMATION’’ in the first paragraph 

of your comment. You must also 

prominently identify confidential 

business information to be redacted 

within the comment. If a comment has 

so much confidential business 

information that it cannot be effectively 

redacted, all or part of that comment 

may not be made publicly available. 

Comments containing personally 

identifying information or confidential 

business information identified as 

directed above will be made publicly 

available in redacted form. The Freedom 

of Information Act (FOIA) applies to all 

comments received. If you wish to 

personally inspect the comments and 

materials received or the supporting 

documentation the DEA used in 

preparing the proposed action, these 

materials will be available for public 

inspection by appointment. To arrange 


tkelley on DSK3SPTVN1PROD with PROPOSALS