72618 Federal Register / Vol. 80, No. 224 / Friday, November 20, 2015 / Proposed Rules 

4 If the petitioner (or another entity) is unsure 

whether it is a debate ‘‘staging organization’’ as 

defined in 11 CFR 110.13(a), it may ask the 

Commission for an advisory opinion on the matter. 

See, e.g., Advisory Opinion 1988–22 (San Joaquin 

Republicans) (concluding that advisory opinion 

requestor, which did not yet have relevant tax 

status, was not within candidate debate exemption). 

Similarly, if a debate staging organization wishes to 

ask the Commission to conclude that its proposed 

candidate selection criteria are objective and not 

designed to result in the selection of certain prechosen participants (and thus protect itself from a 

later enforcement action), it may seek an advisory 

opinion on that question. See 52 U.S.C. 30108(c) 

(establishing scope of protection of advisory 

opinions). 

5 Indeed, the Commission has analyzed, in the 

enforcement context, debate staging organizations’ 

criteria under 11 CFR 110.13(c) at all levels of 

federal elections. See, e.g., MUR 5650 (Associated 

Students of the Univ. of Arizona) (Senate debate); 

MUR 5530 (Commission on Presidential Debates) 

(presidential general election debates). 

6The petitioner provided data intended to 

demonstrate that polling figures are sometimes 

inaccurate, but the fact that polls can be inaccurate 

does not mean that a staging organization acts 

unobjectively by using them. 

Candidates, 60 FR at 64261–62. Staging 

organizations’ use of polling criteria is 

a reasonable way for a debate staging 

organization to select and ‘‘control the 

number of candidates participating in 

. . . a meaningful debate,’’ id., and to do 

so in a way that is objective and does 

not constitute a corporate contribution. 

A per se rule prohibiting the use of 

polling criteria is therefore not 

necessary to prevent debates from 

constituting unlawful contributions. 

Furthermore, the rule at 11 CFR 

110.13(c) already permits the use of 

criteria by staging organizations that 

could result in larger numbers of 

candidates participating in debates. 

Indeed, the specific criterion that the 

petition asks the Commission to include 

in a revised section 110.13(c) is already 

lawful: A debate staging organization 

has the discretion to stage a general 

election presidential or vice presidential 

debate using selection criteria similar to 

the Electoral College approach preferred 

by the petitioner (so long as the 

organization’s reasonable selection 

criteria are pre-established, objective, 

and not designed to result in the 

selection of certain pre-chosen 

participants). No rule change is 

necessary to enable that approach, and 

the petitioner may sponsor a debate 

using such criteria or persuade a debate 

sponsor to do so.4

The petition sets forth certain data in 

support of its argument that the use of 

polling thresholds as a debate selection 

criterion by one staging organization 

‘‘creates a hurdle that third-party and 

independent candidates cannot 

reasonably expect to clear,’’ and 

therefore is designed to result in the 

selection of certain pre-chosen 

participants. Petition at 15. The use of 

polling data by a single debate staging 

organization for candidate debates for a 

single office, however, does not suggest 

the need for a rule change. The 

Commission acknowledges that lower 

(or no) polling threshold selection 

criteria may open debates to more 

candidates and that polling thresholds 

could be used to promote or advance 

one candidate (or group of candidates) 

over another. But to the extent that a 

debate staging organization uses nonobjective selection criteria ‘‘designed to 

result in the selection of certain prechosen participants,’’ this would 

already be unlawful under the 

Commission’s existing regulation. 

Corporate and Labor Organization 

Activity; Express Advocacy and 

Coordination with Candidates, 60 FR at 

64262. 

Finally, the Commission notes that 

the petition focuses on and seeks to 

amend the rule only with respect to 

polling threshold criteria in the 

selection of participants for presidential 

general election debates. However, the 

candidate debate rule applies to all 

debates (primary and general election) 

‘‘at the presidential, House, and Senate 

levels.’’ Funding and Sponsorship of 

Candidate Debates, 44 FR 39348 (July 5, 

1979).5 In the absence of any indication 

that polling thresholds are inherently 

unobjective or otherwise unlawful as 

applied to all federal elections (and the 

Commission is aware of no such 

indication),6 the Commission declines 

to initiate a rulemaking that would 

impose a nationwide prohibition on the 

use of such thresholds, or that could 

result in giving different legal effect to 

the use of polling criterion in different 

elections. 

For all of the above reasons, the 

Commission therefore declines to 

commence a rulemaking to amend the 

criteria for staging candidate debates in 

11 CFR 110.13(c). 

On behalf of the Commission. 

Dated: November 9, 2015. 

Ann M. Ravel, 

Chair, Federal Election Commission. 

[FR Doc. 2015–29494 Filed 11–19–15; 8:45 am] 

BILLING CODE 6715–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. FAA–2015–4279; Notice No. 25– 

15–09–SC] 

Special Conditions: Gulfstream 

Aerospace Corporation, Gulfstream 

GVI 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 Gulfstream Aerospace 

Corporation GVI airplane. This airplane 

will have a novel or unusual design 

feature when compared to the state of 

technology envisioned in the 

airworthiness standards for transportcategory airplanes. This design feature 

is non-rechargeable 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 January 4, 2016. 

ADDRESSES: Send comments identified 

by docket number FAA–2015–4279 

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 

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Federal Register / Vol. 80, No. 224 / Friday, November 20, 2015 / Proposed Rules 72619 

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 

Gulfstream Aerospace Corporation 

applied for several changes to Type 

Certificate No. T00015AT to install nonrechargeable lithium batteries in the 

Model GVI airplane. The Gulfstream 

Model GVI airplane is a twin-engine, 

transport-category airplane with a 

maximum passenger capacity of 19 and 

maximum takeoff weight of 99,600 

pounds. 

Type Certification Basis 

Under the provisions of Title 14, Code 

of Federal Regulations, (14 CFR) 21.101, 

Gulfstream must show that the design 

change and areas affected by the change 

continue to meet the applicable 

provisions of the regulations listed in 

Type Certificate No. T00015AT, 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. T00015AT 

are 14 CFR part 25 effective February 1, 

1965 including Amendments 25–1 

through 25–120, 25–122, 25–124, and 

25–132. The certification basis also 

includes certain special conditions, 

exemptions, and equivalent safety 

findings that are not relevant to these 

proposed special conditions. 

In addition to the applicable 

airworthiness regulations and special 

conditions, the Gulfstream Model GVI 

airplane must comply with the fuel-vent 

and exhaust-emission requirements of 

14 CFR part 34, and the noisecertification 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 Gulfstream Model GIV 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 Gulfstream Model GVI 

airplane model for which they are 

issued. Should the type certificate 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 Gulfstream GVI 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 

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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 the 

battery installation 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 25–113. 

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

Amendment 25–113 will remain in 

effect for other battery installations. 

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 

Gulfstream Model GVI airplane. Should 

Gulfstream apply at a later date for a 

change to the type certificate to include 

another model incorporating 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 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 FAA proposes the 

following special conditions as part of 

the type certification basis for 

Gulfstream Aerospace Corporation 

Model GVI airplanes. 

Non-Rechargeable Lithium Battery 

Installations 

In lieu of § 25.1353(b)(1) through 

(b)(4) at Amendment 25–113, 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 

November 11, 2015. 

Michael Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2015–29626 Filed 11–19–15; 8:45 am] 

BILLING CODE 4910–13–P 

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