Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Rules and Regulations 11321 

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 Cessna, Model 

650, Citation VII airplanes modified by 

Universal Avionics Systems 

Corporation. 

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 

Cessna, Model 650, Citation VII 

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 

Cessna, Model 650, Citation VII 

airplanes, modified by Universal 

Avionics Systems Corporation, 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 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 battery 

systems, 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 Cessna, Model 

650, Citation VII airplanes. These 

special conditions apply only to 

rechargeable lithium batteries, lithium 

battery systems, and their installations. 

The requirements of § 25.1353(b) remain 

in effect for batteries and battery 

installations on Cessna, Model 650, 

Citation VII airplanes that do not use 

lithium batteries. 

Issued in Renton, Washington, on February 

23, 2015. 

Michael Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2015–04366 Filed 3–2–15; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2014–0871; FRL–9923–80– 

Region 6] 

Approval and Promulgation of 

Implementation Plans: Texas; 

Approval of Substitution for 

Transportation Control Measures 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; notice of 

administrative change. 

SUMMARY: The Environmental Protection 

Agency (EPA) is making an 

administrative change to update the 

Code of Federal Regulations (CFR) to 

reflect a change made to the Texas State 

Implementation Plan (SIP) on November 

3, 2014, as a result of EPA’s concurrence 

on a substitute transportation control 

measure (TCM) for the Dallas/Ft. Worth 

(DFW) portion of the Texas SIP. On 

November 24, 2014, the State of Texas, 

through the Texas Commission on 

Environmental Quality (TCEQ), 

submitted a revision to the Texas SIP 


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11322 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Rules and Regulations 

requesting that EPA update its SIP to 

reflect a substitution of a TCM. The 

substitution was made pursuant to the 

TCM substitution provisions contained 

in Clean Air Act (CAA). EPA concurred 

on this substitution on November 3, 

2014. In this administrative action, EPA 

is updating the non-regulatory 

provisions of the Texas SIP to reflect the 

substitution. In summary, the 

substitution was a replacement of 

environmental speed limits (ESLs) 

within the DFW 8-hour ozone 

nonattainment area with traffic 

signalization projects. EPA has 

determined that this action falls under 

the ‘‘good cause’’ exemption in the 

Administrative Procedures Act (APA) 

which, upon finding ‘‘good cause,’’ 

authorizes an agency to make an action 

effective immediately, thereby avoiding 

the 30-day delayed effective date 

otherwise provided for in the APA. 

DATES: This action is effective March 3, 

2015. 

ADDRESSES: SIP materials which are 

incorporated by reference into 40 Code 

of Federal Regulations (CFR) part 52 are 

available for inspection at the following 

location: Environmental Protection 

Agency, Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, TX 75202. Publicly 

available materials are available either 

electronically in www.regulations.gov or 

in hard copy at the Region 6 office. The 

Regional Office hours are Monday 

through Friday, 8:30 to 4:30, excluding 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Jeffrey Riley at (214) 665–8542 or via 

electronic mail at riley.jeffrey@epa.gov. 

SUPPLEMENTARY INFORMATION: On 

November 3, 2014, EPA issued a 

concurrence letter to TCEQ stating that 

the substitution of DFW area ESL TCMs 

with traffic signalization project TCMs 

met the CAA section 176(c)(8) 

requirements for substituting TCMs in 

an area’s approved SIP. See also EPA’s 

Guidance for Implementing the CAA 

section 176(c)(8) Transportation Control 

Measure Substitution and Addition 

Provision contained in the Safe, 

Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for 

Users which was signed into law on 

August 10, 2005, dated January 2009. 

The DFW area ESLs were originally 

approved into the SIP as control 

measures on October 11, 2005 (70 FR 

58978). On January 9, 2014, EPA 

approved re-categorization of the DFW 

area ESL control measures to TCMs, 

making the measures eligible for 

substitution under the provisions of 

CAA section 176(c)(8) (79 FR 1596). 

As a part of the concurrence process, 

the public was provided an opportunity 

to comment on the proposed TCM 

substitution. Public notice and comment 

was provided by the DFW metropolitan 

planning organization, the North Central 

Texas Council of Governments 

(NCTCOG), during Regional 

Transportation Council meetings held 

on July 14, 2014 and July 17, 2014. 

Public notice for these meetings was 

published in 20 DFW area newspapers 

and circulars. 

Through this concurrence process, 

EPA determined that the requirements 

of CAA section 176(c)(8) were met, 

including the requirement that the 

substitute measures achieve equivalent 

or greater emission reductions than the 

control measure to be replaced. Upon 

EPA’s concurrence, the ESL substitution 

took effect as a matter of federal law. A 

copy of EPA’s concurrence letter is 

included in the Docket for this action. 

This letter can be accessed at 

www.regulations.gov using Docket ID 

No. EPA–R06–OAR–2014–0871. In 

accordance with the requirements for 

TCM substitution, on November 24, 

2014, TCEQ submitted a request for EPA 

to update the DFW portion of the Texas 

SIP to reflect EPA’s previous approval of 

the TCM substitution of the ESLs with 

the traffic signalization project TCMs in 

its SIP (the subject of this administrative 

change). Today, EPA is taking 

administrative action to update the nonregulatory provisions of the Texas SIP in 

40 CFR 52.2270(e) to reflect EPA’s 

concurrence on the substitution of a 

TCM for the conversion of ESLs to 

traffic signalization projects: 

Name of nonregulatory SIP provision Applicable geographic or 

nonattainment area 

State submittal 

date/effective date 

DFW nine-county area ESL TCMs to traffic signalization TCMs. Affected 

counties are Dallas, Tarrant, Collin, Denton, Parker, Johnson, Ellis, Kaufman, Rockwall.

Dallas-Fort Worth ................................. 9/16/2010 

Under section 553 of the APA, an 

agency may find good cause where 

procedures are ‘‘impractical, 

unnecessary, or contrary to the public 

interest.’’ The substitution was made 

through the process included in CAA 

section 176(c)(8). Effective immediately, 

today’s action codifies provisions which 

are already in effect. The public had an 

opportunity to comment on this 

substitution during the public comment 

period prior to approval of the 

substitution. Immediate notice of this 

action in the Federal Register benefits 

the public by providing the updated 

Texas SIP Compilation and 

‘‘Identification of Plan’’ portion of the 

Federal Register. 

Statutory and Executive Order Reviews 

A. General Requirements 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this 

administrative action is not a 

‘‘significant regulatory action’’ and is 

therefore not subject to review by the 

Office of Management and Budget. This 

action is not subject to Executive Order 

13211, ‘‘Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001) because it is not a significant 

regulatory action under Executive Order 

12866. Because the Agency has made a 

‘‘good cause’’ finding that this action is 

not subject to notice-and-comment 

requirements under the APA or any 

other statute as indicated in the 

SUPPLEMENTARY INFORMATION section 

above, it is not subject to the regulatory 

flexibility provisions of the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.), or 

to sections 202 and 205 of the Unfunded 

Mandates Reform Act (UMRA) of 1995 

(Pub. L. 104–4). In addition, this action 

does not significantly or uniquely affect 

small governments or impose a 

significant intergovernmental mandate, 

as described in sections 203 and 204 of 

UMRA. 

This administrative action also does 

not have a substantial direct effect on 

one or more Indian tribes, on the 

relationship between the federal 

government and Indian tribes, or on the 

distribution of power and 

responsibilities between the federal 

government and Indian tribes, as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000), nor will 

it have substantial direct effects on the 

states, on the relationship between the 

national government and the states, or 

on the distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). 


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Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Rules and Regulations 11323 

This administrative action also is not 

subject to Executive Order 13045 (62 

FR19885, April 23, 1997), because it is 

not economically significant. This 

administrative action does not involve 

technical standards; thus the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. The 

administrative action also does not 

involve special consideration of 

environmental justice related issues as 

required by Executive Order 12898 (59 

FR 7629, February 16, 1994). This 

administrative action does not impose 

an information collection burden under 

the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.). 

B. Submission to Congress and the 

Comptroller General 

The Congressional Review Act (CRA) 

(5 U.S.C. 801 et seq.), as added by the 

Small Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. Section 808 allows 

the issuing agency to make a rule 

effective sooner than otherwise 

provided by the CRA if the agency 

makes a good cause finding that notice 

and public procedure is impracticable, 

unnecessary or contrary to the public 

interest. Today’s administrative action 

simply codifies a provision which is 

already in effect as a matter of law in 

Federal and approved state programs. 5 

U.S.C. 808(2). These announced actions 

were effective upon EPA’s concurrence. 

EPA will submit a report containing this 

action and other required information to 

the U.S. Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of this action in the Federal 

Register. This update to Texas’ SIP 

Compilation is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen dioxide, Ozone, 

Volatile organic compounds. 

Dated: February 19, 2015. 

Ron Curry, 

Regional Administrator, Region 6. 

40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart SS—Texas 

■ 2. In § 52.2270(e), the table titled 

‘‘EPA Approved Nonregulatory 

Provisions and Quasi-Regulatory 

Measures in the Texas SIP’’ is amended 

by adding an entry at the end for ‘‘DFW 

nine-county area ESL TCM to traffic 

signalization TCMs’’. 

The addition reads as follows: 

§ 52.2270 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP 

Name of SIP provision Applicable geographic or 

nonattainment area 

State 

submittal/ 

effective date 

EPA approval date Comments 

*******

DFW nine-county area ESL 

TCM to traffic signalization 

TCMs.

Dallas-Fort Worth: Dallas, 

Tarrant, Collin, Denton, 

Parker, Johnson, Ellis, Kaufman and Rockwall Counties.

9/16/2010 1/9/2014, 79 FR 1596 ........ DFW ESLs recategorized as 

TCM 1/9/2014, substituted 

withtraffic signalization 

TCMs 11/3/2014. 

[FR Doc. 2015–04269 Filed 3–2–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2014–0399; FRL–9923–66– 

Region 7] 

Air Quality State Implementation 

Plans; Approval and Promulgation: 

Missouri; St. Louis Inspection and 

Maintenance Program 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve revisions to the State 

Implementation Plan (SIP) submitted by 

the State of Missouri relating to its 

vehicle Inspection and Maintenance (I/ 

M) Program. On August 16, 2007, and 

December 7, 2007, the Missouri 

Department of Natural Resources 

(MDNR) requested to amend the SIP to 

replace the St. Louis centralized vehicle 

test program, called the Gateway Clean 

Air Program (GCAP), with a decentralized, OBD-only vehicle I/M 

program called the Gateway Vehicle 

Inspection Program (GVIP). In this 

action, EPA is also approving three 

additional SIP revisions submitted by 

Missouri related to the state’s I/M 

program including: Exemptions for 

specially constructed vehicles or ‘‘kitcars,’’ exemptions for Plugin Hybrid 

Electric Vehicles (PHEV), and rescission 

of Missouri State Highway Patrol rules 

from the Missouri SIP. 

These revisions to Missouri’s SIP do 

not have an adverse effect on air quality 

as demonstrated in the technical 

support document which is a part of 

this docket. EPA’s approval of these SIP 

revisions is being done in accordance 

with the requirements of the Clean Air 

Act (CAA). 

DATES: This final rule is effective on 

April 2, 2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R07–OAR–2014–0399. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

i.e., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Air Planning and Development Branch, 

11201 Renner Boulevard, Lenexa, 

Kansas 66219. The Regional Office’s 

official hours of business are Monday 


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