This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

4596 

Vol. 81, No. 17 

Wednesday, January 27, 2016 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. FAA–2015–5391; Notice No. 25– 

16–01–SC] 

Special Conditions: The Boeing 

Company, Boeing 767–2C Airplane; 

Non-Rechargeable Lithium Battery 

Installations 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed special 

conditions. 

SUMMARY: This action proposes special 

conditions for the Boeing Model 767–2C 

airplane. This airplane 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 nonrechargeable lithium battery systems. 

The applicable airworthiness 

regulations do not contain adequate or 

appropriate safety standards for this 

design feature. These proposed 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: Send your comments on or 

before March 14, 2016. 

ADDRESSES: Send comments identified 

by docket number FAA–2015–5391 

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 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, 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: 

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 January 18, 2010, The Boeing 

Company applied for an amendment to 

Type Certificate No. A1NM to include a 

new Model 767–2C airplane. The Model 

767–2C airplane is a twin-engine, 

transport-category airplane that is a 

freighter derivative of the Model 767– 

200 airplane currently approved under 

Type Certificate No. A1NM. The Model 

767–2C airplane incorporates freighter 

features such as a main deck cargo door 

and strengthened floors to provide cargo 

carriage capability on the main deck. 

Provisions are also incorporated to 

support subsequent supplemental type 

certificate (STC) modifications which 

are intended to provide additional 

mission capabilities, including 

provisions to support conversion into an 

aerial refueling platform (i.e., tanker) 

configuration. 

Type Certification Basis 

Under the provisions of Title 14, Code 

of Federal Regulations, (14 CFR) 21.101, 

The Boeing Company must show that 

the Model 767–2C airplane meets the 

applicable provisions of the regulations 

listed in Type Certificate A1NM or the 

applicable regulations in effect on the 

date of application for the change, 

except for earlier amendments as agreed 

upon by the FAA. The regulations listed 

in the type certificate are commonly 

referred to as the ‘‘original type 

certification basis.’’ The regulations 

listed in Type Certificate No. A1NM are 

14 CFR part 25 effective February 1, 

1965 including Amendments 25–1 

through 25–37 with exceptions listed in 

the type certificate. In addition, the 

certification basis includes other 

regulations, special conditions, and 

exemptions that are not relevant to these 

proposed special conditions. Type 

Certificate No. A1NM will be updated to 

include a complete description of the 

certification basis for this airplane 

model. 

In addition to the applicable 

airworthiness regulations and special 

conditions, the Model 767–2C airplane 

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. 

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 767–2C airplane because 

of a novel or unusual design feature, 

special conditions are prescribed under 

the provisions of § 21.16. 

Special conditions are initially 

applicable to the model for which they 

are issued. Should the type certificate 


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Federal Register / Vol. 81, No. 17 / Wednesday, January 27, 2016 / Proposed Rules 4597 

for that model be amended later to 

include any other model that 

incorporates the same or similar novel 

or unusual design feature, or should any 

other model already included on the 

same type certificate be modified to 

incorporate the same novel or unusual 

design feature, these special conditions 

would also apply to the other model 

under § 21.101. 

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 

A battery system consists of the 

battery and any protective, monitoring 

and alerting circuitry or hardware inside 

or outside of the battery and venting 

capability where necessary. For the 

purpose of these special conditions, we 

refer to a battery and battery system as 

a battery. The Model 767–2C airplane 

will incorporate non-rechargeable 

lithium batteries, which are novel or 

unusual design features. 

Discussion 

We derived the current regulations 

governing installation of batteries in 

transport-category airplanes from Civil 

Air Regulations (CAR) 4b.625(d) as part 

of the re-codification of CAR 4b that 

established 14 CFR part 25 in February 

1965. We basically reworded the battery 

requirements, which are currently in 

§ 25.1353(b)(1) through (b)(4), from the 

CAR requirements. Non-rechargeable 

lithium batteries are novel and unusual 

with respect to the state of technology 

considered when these requirements 

were codified. These batteries introduce 

higher energy levels into airplane 

systems through new chemical 

compositions in various battery-cell 

sizes and construction. Interconnection 

of these cells in battery packs introduces 

failure modes that require unique design 

considerations, such as provisions for 

thermal management. 

Recent events involving rechargeable 

and non-rechargeable lithium batteries 

prompted the FAA to initiate a broad 

evaluation of these energy-storage 

technologies. In January 2013, two 

independent events involving 

rechargeable lithium-ion batteries 

demonstrated unanticipated failure 

modes. A National Transportation 

Safety Board (NTSB) letter to the FAA, 

dated May 22, 2014, which is available 

at http://www.ntsb.gov, filename A–14– 

032–036.pdf, describes these events. 

On July 12, 2013, an event involving 

a non-rechargeable lithium battery, in 

an emergency locator transmitter 

installation, demonstrated 

unanticipated failure modes. Air 

Accident Investigations Branch Bulletin 

S5/2013 describes this event. 

Some other known uses of 

rechargeable and non-rechargeable 

lithium batteries on airplanes include: 

• Flight deck and avionics systems 

such as displays, global positioning 

systems, cockpit voice recorders, flight 

data recorders, underwater locator 

beacons, navigation computers, 

integrated avionics computers, satellite 

network and communication systems, 

communication-management units, and 

remote-monitor electronic linereplaceable units (LRU); 

• Cabin safety, entertainment, and 

communications equipment, including 

life rafts, escape slides, seatbelt air bags, 

cabin management systems, Ethernet 

switches, routers and media servers, 

wireless systems, internet and in-flight 

entertainment systems, satellite 

televisions, remotes, and handsets; 

• Systems in cargo areas including 

door controls, sensors, video 

surveillance equipment, and security 

systems. 

Some known potential hazards and 

failure modes associated with nonrechargeable lithium batteries are: 

• Internal failures 

In general, these 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. The metallic lithium can 

ignite, resulting in a self-sustaining fire 

or explosion. 

• Fast or imbalanced discharging 

Fast discharging or an imbalanced 

discharge of one cell of a multi-cell 

battery may create an overheating 

condition that results in an 

uncontrollable venting condition, which 

in turn leads to a thermal event or an 

explosion. 

• Flammability 

Unlike nickel-cadmium and lead-acid 

batteries, these batteries use higher 

energy and current in an 

electrochemical system that can be 

configured to maximize energy storage 

of lithium. They also use liquid 

electrolytes that can be extremely 

flammable. The electrolyte, as well as 

the electrodes, can serve as a source of 

fuel for an external fire if the battery 

casing is breached. 

Proposed Special Condition 1 requires 

that each individual cell within a 

battery be designed to maintain safe 

temperatures and pressures. Proposed 

Special Condition 2 addresses these 

same issues but for the entire battery. 

Proposed Special Condition 2 requires 

the battery be designed to prevent 

propagation of a thermal event, such as 

self-sustained, uncontrolled increases in 

temperature or pressure from one cell to 

adjacent cells. 

Proposed Special Conditions 1 and 2 

are intended to ensure that the battery 

and its cells are designed to eliminate 

the potential for uncontrolled failures. 

However, a certain number of failures 

will occur due to various factors beyond 

the control of the designer. Therefore, 

other special conditions are intended to 

protect the airplane and its occupants if 

failure occurs. 

Proposed Special Conditions 3, 9 and 

10 are self-explanatory, and the FAA 

does not provide further explanation for 

them at this time. 

The FAA proposes Special Condition 

4 to make it clear that the flammablefluid fire-protection requirements of 

§ 25.863 apply to non-rechargeable 

lithium battery installations. Section 

25.863 is applicable to areas of the 

airplane that could be exposed to 

flammable fluid leakage from airplane 

systems. Non-rechargeable lithium 

batteries contain electrolyte that is a 

flammable fluid. 

Proposed Special Condition 5 requires 

each non-rechargeable lithium battery 

installation to not damage surrounding 

structure or adjacent systems, 

equipment, or electrical wiring from 

corrosive fluids or gases that may 

escape. Proposed Special Condition 6 

requires each non-rechargeable lithium 

battery installation to have provisions to 

prevent any hazardous effect on 

airplane structure or systems caused by 

the maximum amount of heat it can 

generate due to any failure of it or its 

individual cells. The means of meeting 

these proposed special conditions may 

be the same, but they are independent 

requirements addressing different 

hazards. Proposed Special Condition 5 

addresses corrosive fluids and gases, 

whereas Proposed Special Condition 6 

addresses heat. 

Proposed Special Conditions 7 and 8 

require non-rechargeable lithium 

batteries to have automatic means for 

battery disconnection and control of 

battery discharge rate due to the fastacting nature of lithium-battery 

chemical reactions. Manual intervention 

would not be timely or effective in 

mitigating the hazards associated with 

these batteries. 

These special conditions will apply to 

all non-rechargeable lithium battery 

installations in lieu of § 25.1353(b)(1) 

through (b)(4) at Amendment 25–123. 

Sections 25.1353(b)(1) through (b)(4) at 

Amendment 25–123 will remain in 

effect for other battery installations. 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
4598 Federal Register / Vol. 81, No. 17 / Wednesday, January 27, 2016 / Proposed Rules 

These proposed 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 the Model 

767–2C airplane. Should the applicant 

apply at a later date for a change to the 

type certificate to include another 

model incorporating the same novel or 

unusual design feature, or should any 

other model already included on the 

same type certificate be modified to 

incorporate the same novel or unusual 

design feature, these special conditions 

would apply to that model as well. 

Conclusion 

This action affects only certain novel 

or unusual design features on one model 

of airplane. It is not a rule of general 

applicability. 

List of Subjects in 14 CFR Part 25 

Aircraft, Aviation safety, Reporting 

and record keeping requirements. 

The authority citation for these 

special conditions is as follows: 

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

44702, 44704. 

The Proposed Special Conditions 

Accordingly, the FAA proposes the 

following special conditions as part of 

the type certification basis for Boeing 

Model 767–2C airplane. 

Non-Rechargeable Lithium Battery 

Installations 

In lieu of § 25.1353(b)(1) through 

(b)(4) at Amendment 25–123, each nonrechargeable lithium battery installation 

must: 

1. Maintain safe cell temperatures and 

pressures under all foreseeable 

operating conditions to prevent fire and 

explosion. 

2. Prevent the occurrence of selfsustaining, uncontrolled increases in 

temperature or pressure. 

3. Not emit explosive or toxic gases, 

either in normal operation or as a result 

of its failure, that may accumulate in 

hazardous quantities within the 

airplane. 

4. Meet the requirements of § 25.863. 

5. Not damage surrounding structure 

or adjacent systems, equipment, or 

electrical wiring from corrosive fluids or 

gases that may escape. 

6. Have provisions to prevent any 

hazardous effect on airplane structure or 

systems caused by the maximum 

amount of heat it can generate due to 

any failure of it or its individual cells. 

7. Be capable of automatically 

controlling the discharge rate of each 

cell to prevent cell imbalance, backcharging, overheating, and 

uncontrollable temperature and 

pressure. 

8. Have a means to automatically 

disconnect from its discharging circuit 

in the event of an over-temperature 

condition, cell failure or battery failure. 

9. Have a failure sensing and warning 

system to alert the flightcrew if its 

failure affects safe operation of the 

airplane. 

10. Have a means for the flightcrew or 

maintenance personnel to determine the 

battery charge state if the battery’s 

function is required for safe operation of 

the airplane. 

Note 1: A battery system consists of the 

battery and any protective, monitoring and 

alerting circuitry or hardware inside or 

outside of the battery. It also includes vents 

(where necessary) and packaging. For the 

purpose of these special conditions, a battery 

and battery system are referred to as a 

battery. 

Issued in Renton, Washington, on January 

20, 2016. 

Michael Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2016–01582 Filed 1–26–16; 8:45 am] 

BILLING CODE 4910–13–P 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Parts 240 and 249 

[Release No. 34–76958; File No. S7–25–15] 

RIN 3235–AL53 

Extension of Comment Period for 

Disclosure of Payments by Resource 

Extraction Issuers 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Extension of comment period. 

SUMMARY: The Securities and Exchange 

Commission is extending the comment 

period for a release proposing new Rule 

13q–1 and an amendment to Form SD 

to implement Section 1504 of the DoddFrank Wall Street Reform and Consumer 

Protection Act relating to disclosure of 

payments by resource extraction issuers 

[Release No. 34–76620 (Dec. 11, 2015); 

80 FR 80057 (Dec. 23, 2015)]. The 

comment period for the proposal is 

divided between an initial comment 

period and a period for reply comments. 

The original initial comment period is 

scheduled to end on January 25, 2016 

and the original period for reply 

comments is scheduled to end on 

February 16, 2016. The Commission is 

extending the time period in which to 

provide the Commission with initial 

comments until February 16, 2016 and 

to provide reply comments until March 

8, 2016. This action will allow 

interested persons additional time to 

analyze the issues and prepare their 

comments. 

DATES: The comment period for the 

proposed rule published on December 

23, 2015 (80 FR 80057), is extended. 

Initial comments are due on February 

16, 2016. Reply comments, which may 

respond only to issues raised in the 

initial comment period, are due on 

March 8, 2016. In developing the final 

rules, the Commission may rely on both 

new comments and comments that have 

been received to date, including those 

that were provided in connection with 

the prior rules that the Commission 

issued under Section 13(q). 

ADDRESSES: Comments may be 

submitted by any of the following 

methods: 

Electronic Comments 

• Use the Commission’s Internet 

comment forms (http://www.sec.gov/

rules/proposed.shtml); 

• Send an email to rule-comments@

sec.gov. Please include File Number S7– 

25–15 on the subject line; or 

• Use the Federal Rulemaking Portal 

(http://www.regulations.gov). Follow the 

instructions for submitting comments. 

Paper Comments 

• Send paper comments in triplicate 

to Brent J. Fields, Secretary, Securities 

and Exchange Commission, 100 F Street 

NE., Washington, DC 20549–1090. 

All submissions should refer to File 

Number S7–25–15. This file number 

should be included on the subject line 

if email is used. To help us process and 

review your comments more efficiently, 

please use only one method. The 

Commission will post all comments on 

the Commission’s Internet Web site 

(http://www.sec.gov/rules/

proposed.shtml). Comments also are 

available for Web site viewing and 

printing in the Commission’s Public 

Reference Room, 100 F Street NE., Room 

1580, Washington, DC 20549, on official 

business days between the hours of 

10:00 a.m. and 3:00 p.m. All comments 

received will be posted without change; 

we do not edit personal identifying 

information from submissions. You 

should submit only information that 

you wish to make available publicly. 

Studies, memoranda or other 

substantive items may be added by the 

Commission or staff to the comment file 

during this rulemaking. A notification of 


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