Federal Register / Vol. 78, No. 163 / Thursday, August 22, 2013 / Proposed Rules 52107 

feedstock derived from excluded 

methods. 

* * * * * 

■ 4. Section 205.606 is amended by: 

■ A. Removing paragraph (l); 

■ B. Removing paragraph (w)(2); 

■ C. Redesignating paragraph (w)(3) as 

(w)(2); 

■ D. Redesignating paragraphs (e) 

through (aa) as (g) through (bb) 

respectively; 

■ E. Redesignating paragraph (d) as 

paragraph (e); and 

■ F. Adding new paragraphs (d) and (f). 

The additions read as follows: 

§ 205.606 Nonorganically produced 

agricultural products allowed as ingredients 

in or on processed products labeled as 

‘‘organic.’’ 

* * * * * 

(d) Citrus hystrix, leaves and fruit. 

* * * * * 

(f) Curry leaves (Murraya koenigii). 

* * * * * 

Dated: August 16, 2013. 

Rex A. Barnes, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2013–20476 Filed 8–21–13; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. FAA–2013–0723; Notice No. 25– 

13–03–SC] 

Special Conditions: Boeing Model 777– 

200, –300, and –300ER Series 

Airplanes; Rechargeable Lithium Ion 

Batteries and Battery Systems 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed special 

conditions. 

SUMMARY: This action proposes special 

conditions for the Boeing Model 777– 

200, –300, and –300ER series airplanes. 

These airplanes as modified by the 

ARINC Aerospace Company will have a 

novel or unusual design feature, 

specifically the rechargeable lithium ion 

batteries and battery system that will be 

used on an International 

Communications Group (ICG) ePhone 

cordless cabin handset. 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 October 7, 2013. 

ADDRESSES: Send comments identified 

by docket number FAA–2013–0723 

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:

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 on or before the closing date for 

comments. We may change these special 

conditions based on the comments we 

receive. 

Background 

On August 10, 2012, the ARINC 

Aerospace Company applied for a 

supplemental type certificate for 

installing equipment that uses 

rechargeable lithium ion batteries and 

battery systems in the Boeing Model 

777–200, –300, and –300ER series 

airplanes. The Model 777–200 series 

airplanes are long-range, wide-body, 

twin-engine jet airplanes with a 

maximum capacity of 440 passengers. 

The Boeing Model 777–300 and 777– 

300ER series airplanes have a maximum 

capacity of 550 passengers. The Model 

777–200, –300, and –300ER series 

airplanes have fly-by-wire controls, 

fully software-configurable avionics, 

and fiber-optic avionics networks. 

Existing airworthiness regulations did 

not anticipate the use of lithium ion 

batteries and battery systems on aircraft. 

Lithium ion batteries and battery 

systems have new hazards that were not 

contemplated when the existing 

regulations were promulgated. In Title 

14, Code of Federal Regulations (14 

CFR) 25.1353, the FAA provided an 

airworthiness standard for lead acid 

batteries and nickel cadmium batteries. 

These special conditions provide an 

equivalent level of safety as that of the 

existing regulation. 

Type Certification Basis 

Under the provisions of 14 CFR 

21.101, the ARINC Aerospace Company 

must show that the Boeing Model 777– 

200, –300, and –300ER series airplanes, 

as changed, continue to meet the 

applicable provisions of the regulations 

incorporated by reference in Type 

Certificate No. T00001SE 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 regulations 

incorporated by reference in Type 

Certificate No. T00001SE are as follows: 

part 25, as amended by Amendments 

25–1 through 25–82, except for 

§ 25.571(e)(1), which remains at 

Amendment 25–71 level. In addition, 

the certification basis includes special 

conditions and exemptions that are not 


tkelley on DSK3SPTVN1PROD with PROPOSALS
52108 Federal Register / Vol. 78, No. 163 / Thursday, August 22, 2013 / Proposed Rules 

relevant to these proposed special 

conditions. 

If the Administrator finds that the 

applicable airworthiness regulations 

(i.e., 14 CFR part 25) do not contain 

adequate or appropriate safety standards 

for the Boeing Model 777–200, –300, 

and –300ER series airplanes 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 applicant apply 

for a supplemental type certificate to 

modify any other model included on the 

same type certificate to incorporate the 

same or similar novel or unusual design 

feature, the special conditions would 

also apply to the other model under 

§ 21.101. 

In addition to the applicable 

airworthiness regulations and special 

conditions, the Boeing Model 777–200, 

–300, and –300ER 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 Boeing Model 777–200, –300, and 

–300ER series airplanes will incorporate 

the following novel or unusual design 

features: an International 

Communications Group (ICG) ePhone 

cordless cabin handset that will use a 

rechargeable lithium ion battery and 

battery system. Lithium ion batteries 

and battery systems have certain failure, 

operational, and maintenance 

characteristics that differ significantly 

from those of the nickel cadmium and 

lead acid rechargeable batteries. 

Rechargeable lithium ion batteries and 

battery systems are considered to be a 

novel or unusual design feature in 

transport category airplanes, with 

respect to the requirements in § 25.1353. 

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 recodification of CAR 4b that established 

14 CFR part 25 in February 1965. The 

new battery requirements, 

§ 25.1353(c)(1) through (c)(4), basically 

reworded the CAR requirements. 

Increased use of nickel cadmium 

batteries in small airplanes resulted in 

increased incidents of battery fires and 

failures which led to additional 

rulemaking affecting large transport 

category airplanes as well as small 

airplanes. On September 1, 1977 and 

March 1, 1978, respectively, the FAA 

issued § 25.1353(c)(5) and (c)(6), 

governing nickel cadmium battery 

installations on large transport category 

airplanes. 

The proposed use of lithium ion 

batteries and battery systems for 

equipment and systems on the Boeing 

Model 777–200, –300, and –300ER 

series airplanes has prompted the FAA 

to review the adequacy of these existing 

regulations. Our review indicates that 

the existing regulations do not 

adequately address several failure, 

operational, and maintenance 

characteristics of lithium ion batteries 

and battery systems that could affect the 

safety and reliability of the airplanes 

with the ICG ePhone cordless cabin 

handset lithium ion battery 

installations. 

At present, there is limited experience 

with use of rechargeable lithium ion 

batteries and battery systems 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 and 

battery systems. These problems include 

overcharging, over-discharging, and 

flammability of cell components. 

1. Overcharging 

In general, lithium ion batteries and 

battery systems 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. 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 and battery systems 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 

and battery systems 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 and battery 

systems raise concern about the use of 

these batteries in commercial aviation. 

The intent of the proposed special 

conditions is to establish appropriate 

airworthiness standards for lithium ion 

battery installations in the Boeing 777– 

200, –300, and –300ER series airplanes 

and to ensure, as required by §§ 25.1309 

and 25.601, that these lithium ion 

batteries and battery systems are not 

hazardous or unreliable. 

For the reasons discussed above, 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 the Boeing 

Model 777–200, –300, and –300ER 

series airplanes. Should the ARINC 

Aerospace Company apply at a later 

date for a supplemental type certificate 

to modify any other model included on 

Type Certificate No. T00001SE to 

incorporate the same novel or unusual 

design feature, the special conditions 

would apply to that model as well. 

Conclusion 

This action affects only certain novel 

or unusual design features on one model 

series of airplanes. It is not a rule of 

general applicability, and it affects only 

the applicant who applied to the FAA 

for approval of these features on the 

airplane. 

List of Subjects in 14 CFR Part 25 

Aircraft, Aviation safety, Reporting 

and recordkeeping requirements. 

The authority citation for these 

special conditions is as follows: 

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

44702, 44704. 

The Proposed Special Conditions 

Accordingly, the Federal Aviation 

Administration (FAA) proposes the 

following special conditions as part of 

the type certification basis for Boeing 

Model 777–200, –300, and –300ER 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 78, No. 163 / Thursday, August 22, 2013 / Proposed Rules 52109 

series airplanes modified by the ARINC 

Aerospace Company. 

These proposed special conditions 

require that (1) all characteristics of the 

rechargeable lithium ion batteries and 

battery systems and their installation 

that could affect safe operation of the 

Boeing Model 777–200, –300, and 

–300ER series airplanes are addressed, 

and (2) appropriate instructions for 

continued airworthiness, which include 

maintenance requirements, are 

established to ensure the availability of 

electrical power from the batteries when 

needed. 

In lieu of the requirements of 14 CFR 

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

Amendment 25–113, the following 

special conditions apply. Rechargeable 

lithium ion batteries and battery 

systems on Boeing Model 777–200, 

–300, and –300ER series 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 

lithium ion batteries and battery 

systems must preclude explosion in the 

event of those failures. 

(2) Design of the lithium ion batteries 

and battery systems must preclude the 

occurrence of self-sustaining, 

uncontrolled increases in temperature 

or pressure. 

(3) No explosive or toxic gases 

emitted by any 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 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) Lithium ion batteries and battery 

systems 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 and 

battery system 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-ofcharge 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. 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 short-circuit or other 

unintentional impact damage caused by 

dropping or other destructive means 

that could to 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 

there is 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 

of Boeing Model 777–200, –300, and–300ER 

series 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 Boeing Model 777–200, –300, and –300ER 

series airplanes that do not use rechargeable 

lithium ion batteries. 

Issued in Renton, Washington, on August 

16, 2013. 

Jeffrey E. Duven, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2013–20427 Filed 8–21–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2013–0449; Airspace 

Docket No. 13–AEA–8] 

Proposed Amendment of Class D and 

E Airspace, and Establishment of 

Class E Airspace; Salisbury, MD 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

amend Class D and Class E airspace, and 

establish Class E airspace at SalisburyOcean City Wicomico Regional Airport, 

Salisbury, MD, due to the 

decommissioning of the Salisbury VHF 

Omnidirectional Radio Range Tactical 

Air Navigation Aid (VORTAC) and 

cancellation of the VOR approach. This 

action would enhance the safety and 

airspace management of Instrument 

Flight Rules (IFR) operations at the 

airport. This action also would update 

the airport’s geographic coordinates, 

and change the Class D city designator. 

DATES: Comments must be received on 

or before October 7, 2013. 

ADDRESSES: Send comments on this rule 

to: U.S. Department of Transportation, 

Docket Operations, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey SE., Washington, DC 20590– 

0001; Telephone: 1–800–647–5527; Fax: 

202–493–2251. You must identify the 

Docket Number FAA–2013–0449; 

Airspace Docket No. 13–AEA–8, at the 

beginning of your comments. You may 

also submit and review received 

comments through the Internet at 

http://www.regulations.gov. 

You may review the public docket 

containing the rule, any comments 

received, and any final disposition in 

person in the Dockets Office (see 


tkelley on DSK3SPTVN1PROD with PROPOSALS