### 58243 Federal Register / Vol. 79, No. 188 / Monday, September 29, 2014 / Rules and Regulations

**DEPARTMENT OF TRANSPORTATION**

**Federal Aviation Administration**

**14 CFR Part 25**

**[Docket No. FAA–2014–0737; Special Conditions No. 25–570–SC]** 

**Special Conditions: Boeing, Model 767–200/–300 Series Airplane, as**  **Modified by Avionics Support Group; Installed Rechargeable Lithium**  **Batteries and Battery Systems**

**AGENCY :**  Federal Aviation Administration (FAA), DOT.

**ACTION :**  Final special conditions; request
for comments.

**SUMMARY :**  These special conditions are issued for the Boeing, Model 767–200/ –300 series airplanes. These airplanes, as modified by Avionics Support Group, 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 an ePhone handset for use with the ICS SATCOM System that will use rechargeable lithium batteries and battery systems. 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 September 29, 2014. We must receive your comments by November 13, 2014.

**ADDRESSES :**  Send comments identified by docket number FAA–2014–0737 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, 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 :**  The FAA has determined that notice of, and opportunity for prior public comment on, these special conditions is impracticable because these procedures would significantly delay issuance of the design approval and thus delivery of the affected aircraft. In addition, the substance of these special conditions has been subject to the public comment process in several prior instances with
no substantive comments received. The FAA therefore finds that good cause exists for making these special conditions effective upon publication in
the Federal Register

. 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 March 3, 2014, Avionics Support Group applied for a supplemental type certificate (STC) for the installation of an ePhone handset for use with the ICG ICS–120A/220A SATCOM System that will use rechargeable lithium batteries and battery systems. The Model 767– 200/–300 series airplanes are transport category airplanes powered by two turbo-fan engines.

Rechargeable lithium 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 transport category airplanes.

Type Certification Basis

Under the provisions of 14 CFR 21.101, Avionics Support Group must show that the Model 767–200/–300, as changed, continues 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.’’

In addition, if the regulations incorporated by reference do not provide adequate standards regarding the change, the applicant must comply with certain regulations in effect on the date of application for the change.

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 767–200/–300 series airplanes because of a novel or unusual design feature, special conditions are prescribed under the provisions of 14

CFR 21.16.

Special conditions are initially applicable to the model for which they are issued. Should the applicant apply for an STC to modify any other model included on the same type certificate to incorporate the same novel or unusual design feature, the special conditions would also apply to the other model.

In addition to the applicable airworthiness regulations and special conditions, the Model 767–200/–300 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 14

CFR 21.101.


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Novel or Unusual Design Features

The Model 767–200/–300 series airplanes will incorporate the following novel or unusual design feature: The
installation of an ePhone handset for
use with the ICG ICS–120A/220A SATCOM System that will use rechargeable lithium batteries and battery system.

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 that led to additional rulemaking affecting large transport category airplanes as well as small airplanes. On September 1, 1977, and March 1, 1978, the FAA issued § 25.1353(c)(5) and (c)(6), respectively, governing nickel-cadmium battery installations on large transport-category airplanes.

The proposed use of rechargeable lithium batteries for equipment and systems on the Model 767–200/–300 series airplanes 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 rechargeable lithium batteries that could affect the safety and reliability of the lithium battery
installations.

At present, there is limited experience with the use of rechargeable lithium batteries and battery systems in applications involving commercial aviation. However, other users of this technology, ranging from wirelesstelephone manufacturers to the electricvehicle industry, have noted safety problems with rechargeable lithium batteries. These problems include overcharging, over-discharging, and flammability of cell components.

1. Overcharging

In general, lithium 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 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 battery cells 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 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 batteries raise concern about
the use of these batteries in commercial aviation. The intent of the special conditions are to establish appropriate
airworthiness standards for lithium battery installations in the Model 767– 200/–300 series airplanes and to ensure, as required by §§ 25.1309 and 25.601,
that these batteries are not hazardous or
unreliable.

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 Boeing Model 767–200/–300 series airplanes. Should Avionics Support Group 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, the special conditions would apply to that model as
well.

Conclusion

This action affects only certain novel or unusual design features on two airplane model series. It is not a rule of general applicability and affects only the applicant who 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. Therefore, 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 good cause exists for adopting these special conditions upon publication in
the Federal Register. 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 comment
described above.

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 Special Conditions

Accordingly, pursuant to the authority delegated to me by the Administrator, the following special conditions are issued as part of the type certification basis for Boeing Model 767–200/–300 series airplanes modified by Avionics Support Group.

Installed Rechargeable Lithium Batteries and Battery Systems.

These special conditions require that (1) all characteristics of the rechargeable lithium batteries and battery installation that could affect safe operation of the Model 767–200/–300 series airplanes are addressed; and (2) appropriate
instructions for continued airworthiness, which include maintenance requirements, are established to ensure the availability of electrical power, when needed, from the
batteries.

In lieu of the requirements of Title 14, Code of Federal Regulations (14 CFR) 25.1353(b)(1) through (b)(4) at Amendment 25–123, all rechargeable lithium batteries and battery systems on Model 767–200/–300 series airplanes, modified by Avionics Support Group, must be designed and installed as
follows:

1. Safe cell temperatures and pressures must be maintained during any foreseeable charging or discharging


### 58245 Federal Register / Vol. 79, No. 188 / Monday, September 29, 2014 / Rules and Regulations

1 See 77 FR 71741 (Dec. 4, 2012) (request for public comments).

2 15 U.S.C. 13(d) (section 2(d) of the R–P Act) reads: ‘‘[I]t shall be unlawful for any person engaged in commerce to pay or contract for the payment of anything of value to or for the benefit of a customer of such person in the course of such commerce as compensation or in consideration for any services or facilities furnished by or through such customer in connection with the processing, handling, sale, or offering for sale of any products or commodities manufactured, sold, or offered for sale by such person, unless such payment or consideration is available on proportionally equal

Continued condition and during any failure of the charging or battery monitoring system not shown to be extremely remote. The rechargeable lithium battery installation must preclude explosion in the event of
those failures.

2. Design of the rechargeable lithium batteries must preclude the occurrence of self-sustaining, uncontrolled increases in temperature or pressure.

3. No explosive or toxic gases emitted by any rechargeable lithium 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 rechargeable
lithium batteries must meet the requirements of § 25.863(a) through (d).

5. No corrosive fluids or gases that may escape from any rechargeable lithium 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 § 25.1309(b) and applicable regulatory guidance.

6. Each rechargeable lithium 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. Rechargeable lithium battery installations must have a system to control the charging rate of the battery automatically, so as to prevent battery overheating or overcharging, and,

a. 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,

b. 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 battery installation, the function of which 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 battery is sufficiently charged at appropriate intervals specified by the battery manufacturer and the equipment manufacturer that contain the rechargeable lithium battery or rechargeable lithium battery system. This is required to ensure that lithium rechargeable batteries and lithium rechargeable battery systems will not degrade below specified ampere-hour levels sufficient to power the airplane systems 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 battery and rechargeable lithium batterysystems, which could result in shortcircuit or other unintentional impact damage caused by dropping or other

destructive means that could 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 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) in the certification basis of airplane Model 767– 200/–300 series airplanes. These special conditions apply only to rechargeable lithium batteries and lithium battery systems and their installations. The requirements of § 25.1353(b) remain in effect for batteries and battery installations on Model 767–200/–300 series airplanes that do not use lithium

batteries.

Issued in Renton, Washington, on September 19, 2014.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.

[FR Doc. 2014–23042 Filed 9–26–14; 8:45 am]

**BILLING CODE 4910–13–P FEDERAL TRADE COMMISSION** 

**16 CFR Part 240**

**Guides for Advertising Allowances and Other Merchandising Payments and** 
**Services**

**AGENCY :**  Federal Trade Commission.

**ACTION :**  Final changes to guides.

**SUMMARY :**  The Federal Trade Commission (‘‘the Commission’’) previously published in the Federal Register a request for public comments
on the overall costs and benefits of and the continuing need for its Guides for Advertising Allowances and Other Merchandising Payments and Services (‘‘the Guides’’). The Commission issued this request as part of its program for periodic review of its rules and guides to ensure they are up-to-date, effective, and not overly burdensome.

**DATES :**  This action is effective as of November 10, 2014.

**FOR FURTHER INFORMATION CONTACT :**  Michael J. Bloom, 202–326–2475, or Julie A. Goshorn, 202–326–3033, Federal Trade Commission, Washington, DC 20580.

**SUPPLEMENTARY INFORMATION :** 
Background

The Commission originally issued the Guides in 1969 to help businesses comply with sections 2(d) and 2(e) of the Robinson-Patman Act (‘‘R–P Act’’ or ‘‘the Act’’). The Guides were last revised in 1990, to bring them into conformity with then-current legal developments
and to eliminate nonessential requirements. See 55 FR 33651 (Aug. 17, 1990). The changes published in this document reflect more recent legal developments as well as changes in technology and methods of marketing
that have occurred since the Guides were last reviewed, such as the emergence of the Internet and widespread online marketing. 1

As the name suggests, the Guides are not binding regulations, but are advisory interpretations providing assistance to businesses seeking to comply with sections 2(d) and 2(e) of the R–P Act. 2