26818 Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Proposed Rules 

not included in Class A. DOE is 

conducting a separate determination 

analysis rulemaking for these products, 

but intends to invite public comment on 

the scope of coverage for non-Class A 

external power supplies at the end of 

the public meeting, if time permits. 

DOE invites all interested parties, 

whether they participate in the public 

meeting, to submit in writing by July 20, 

2009, comments and information on 

matters addressed in the Framework 

Document and on other matters relevant 

to assessment of energy conservation 

standards for battery chargers and 

external power supplies. 

After the public meeting and the close 

of the comment period on the 

Framework Document, DOE will begin 

collecting data, conducting the analyses 

as discussed in the Framework 

Document and at the public meeting, 

and reviewing the comments received. 

DOE considers public participation to 

be a very important part of the process 

for setting energy conservation 

standards. DOE encourages the 

participation and interaction of the 

public during the comment period in 

each stage of the rulemaking process. 

Beginning with the Framework 

Document, and during each subsequent 

public meeting and comment period, 

interactions with and among members 

of the public provide a balanced 

discussion of the issues that assists DOE 

in the standards rulemaking process. 

Accordingly, anyone who would like to 

participate in the public meeting, 

receive meeting materials, or be added 

to the DOE mailing list to receive future 

notices and information regarding this 

and related rulemakings on battery 

chargers and external power supplies 

should contact Ms. Brenda Edwards at 

(202) 586–2945, or via e-mail at 

Brenda.Edwards@ee.doe.gov. 

Issued in Washington, DC, on May 26, 

2009. 

Steven Chalk, 

Principal Deputy Assistant Secretary, Energy 

Efficiency and Renewable Energy. 

[FR Doc. E9–12906 Filed 6–3–09; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 23 

[Docket No. CE296; Notice No. 23–09–02SC] 

Special Conditions: Cessna Aircraft 

Company, Model 525C (CJ4); Lithium 

Ion Battery Installation 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed special 

conditions. 

SUMMARY: This action proposes special 

conditions for the Cessna Aircraft 

Company, model 525C (CJ4) airplane. 

This airplane will have a novel or 

unusual design feature associated with 

the installation of lithium ion (Li-ion) 

batteries. Cessna Aircraft Company 

proposes to use a lithium-ion main 

battery on the new model 525C (CJ4) 

commuter category airplane for main 

battery applications, and is also 

considering the use of this technology in 

several other auxiliary battery 

applications in this airplane. This type 

of battery possesses certain failure, 

operational characteristics, and 

maintenance requirements that differ 

significantly from that of the nickel 

cadmium and lead acid rechargeable 

batteries currently approved in other 

normal, utility, acrobatic, and commuter 

category airplanes. 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: We must receive your comments 

by July 6, 2009. 

ADDRESSES: Mail two copies of your 

comments to Federal Aviation 

Administration, Regional Counsel, 

ACE–7, Attention: Rules Docket Clerk, 

Docket No. CE296, Room 506, 901 

Locust, Kansas City, Missouri 64106. 

You may deliver two copies to the Small 

Airplane Directorate at the above 

address. Mark your comments: Docket 

No. CE296. You may inspect comments 

in the Rules Docket weekdays, except 

Federal holidays, between 7:30 a.m. and 

4 p.m. 

FOR FURTHER INFORMATION CONTACT: 

Ervin Dvorak, Aerospace Engineer, 

Standards Office (ACE–111), Small 

Airplane Directorate, Aircraft 

Certification Service, Federal Aviation 

Administration, 901 Locust, Room 301, 

Kansas City, Missouri 64106; telephone 

(816) 329–4123. 

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 ask that you send 

us two copies of written comments. 

We will file in the docket all 

comments we receive, as well as a 

report summarizing each substantive 

public contact with FAA personnel 

concerning these special conditions. 

You may inspect the docket before and 

after the comment closing date. If you 

wish to review the docket in person, go 

to the address in the ADDRESSES section 

of this preamble between 7:30 a.m. and 

4 p.m., Monday through Friday, except 

Federal holidays. 

We will consider all comments we 

receive on or before the closing date for 

comments. We will consider comments 

filed late if it is possible to do so 

without incurring expense or delay. We 

may change these special conditions 

based on the comments we receive. 

If you want the FAA to acknowledge 

receipt of your comments on this 

proposal, include with your comments 

a pre-addressed, stamped postcard on 

which the docket number appears. We 

will stamp the date on the postcard and 

mail it back to you. 

Background 

On August 9, 2006, Cessna Aircraft 

Company applied for an amendment to 

Type Certificate Number A1WI to 

include the new model 525C (CJ4). The 

model 525C (CJ4), which is a derivative 

of the model 525B (CJ3) currently 

approved under Type Certificate 

Number A1WI, is a commuter category, 

low-winged monoplane with ’’T’’ tailed 

vertical and horizontal stabilizers, 

retractable tricycle type landing gear 

and twin turbofan engines mounted on 

the aircraft fuselage. The maximum 

takeoff weight is 16,950 pounds, the 

VMO/MMO is 305 KIAS/M 0.77 and 

maximum altitude is 45,000 feet. Cessna 

Aircraft Company proposes to utilize 

lithium Ion (Li-ion) batteries for main 

battery applications, and is considering 

the use of this technology in several 

other auxiliary battery applications in 

this airplane. 

Type Certification Basis 

Under the provisions of 14 CFR part 

21, § 21.101, Cessna Aircraft Company 

must show that the model 525C (CJ4) 

Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Proposed Rules 26819 

meets the applicable provisions of the 

requirements incorporated by reference 

in Type Certificate No. A1W1 or 14 CFR 

part 23, as amended by Amendments 

23–1 through 23–57 thereto. The 

regulations incorporated by reference in 

the type certificate are commonly 

referred to as the original type certificate 

basis. 

In addition, the certification basis 

includes certain special conditions, and 

exemptions that are not relevant to these 

proposed special conditions. 

In addition to the applicable 

airworthiness regulations and special 

conditions, the model 525C (CJ4) 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 and the 

FAA must issue a finding of regulatory 

adequacy under § 611 of Public Law 92– 

574, the ‘‘Noise Control Act of 1972.’’ 

If the Administrator finds that the 

applicable airworthiness regulations 

(i.e., 14 CFR part 23) do not contain 

adequate or appropriate safety standards 

for the model 525C (CJ4) because of a 

novel or unusual design feature, special 

conditions are prescribed under the 

provisions of § 21.16. 

The FAA issues special conditions, as 

defined in § 11.19, under § 11.38 and 

they become part of the type 

certification basis under § 21.101. 

Special conditions are initially 

applicable to the 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, the special 

conditions would also apply to the other 

model under § 21.101. 

Novel or Unusual Design Features 

Cessna Aircraft Company, model 

525C (CJ4) will incorporate the 

following novel or unusual design 

features: 

Cessna Aircraft Company proposes to 

use lithium ion (Li-ion) batteries for 

main battery applications, and is 

considering the use of this technology in 

several other auxiliary battery 

applications on the Cessna Aircraft 

Company, model 525C (CJ4) airplane. 

This type of battery possesses certain 

failure and operational characteristics, 

and maintenance requirements that 

differ significantly from that of the 

nickel cadmium (Ni-Cd) and lead acid 

rechargeable batteries currently 

approved for installation in small 

airplanes. Current regulations in 14 CFR 

part 23 do not address installation of Liion batteries. This special condition is 

being proposed to require that all 

characteristics of the Li-ion battery and 

its installation that could affect safe 

operation of the Cessna Aircraft 

Company, model 525C (CJ4) airplane are 

addressed, along with establishing that 

appropriate maintenance requirements 

must be provided to ensure electrical 

power is available from the batteries 

when needed. 

Discussion 

The applicable part 21 and part 23 

airworthiness regulations governing the 

installation of batteries in general 

aviation airplanes, including part 23, 

§ 23.1353 were derived from Civil Air 

Regulations (CAR 3) as part of the 

recodification that established Federal 

Aviation Regulation 14 CFR part 23. The 

battery requirements, which were 

identified as 14 CFR part 23, § 23.1353, 

were basically a rewording of the CAR 

requirements that did not add any 

substantive technical requirements. An 

increase in incidents involving battery 

fires and failures that accompanied the 

increased use of Nickel-Cadmium (NiCd) batteries in airplanes resulted in 

rulemaking activities on the battery 

requirements for business jet and 

commuter category airplanes. These 

regulations were incorporated into 14 

CFR part 23, § 23.1353(f) and (g), which 

apply only to Ni-Cd battery 

installations. 

The proposed use of Li-ion batteries 

on the Cessna Aircraft Company, model 

525C (CJ4) airplane has prompted the 

FAA to review the adequacy of the 

existing battery regulations with respect 

to that chemistry. As the result of this 

review, the FAA has determined that 

the existing regulations do not 

adequately address several failure, 

operational, and maintenance 

characteristics of Li-ion batteries that 

could affect safety of the battery 

installation and the reliability of the 

Cessna Aircraft Company, model 525C 

(CJ4) airplane electrical power supply. 

Li-ion batteries in general are 

significantly more susceptible to 

internal failures that can result in selfsustaining increases in temperature and 

pressure (i.e., thermal runaway) than 

their Ni-Cd and lead-acid counterparts. 

This is especially true for overcharging 

a Li-ion, which will likely result in 

explosion, fire, or both. Certain types of 

Li-ion batteries pose a potential safety 

problem because of the instability and 

flammability of the organic electrolyte 

employed by the cells of those batteries. 

The severity of thermal runaway 

increases with increasing battery 

capacity due to the higher amount of 

electrolyte in large batteries. 

Discharge of some versions of the LiPoly cell beyond a certain voltage below 

3.0 volts will subsequently no longer 

accept a charge. This loss of capacity 

may not be detected by the simple 

voltage measurements commonly 

available to flight crews as a means of 

checking battery status, a problem 

shared with Ni-Cd batteries. 

Unlike Ni-Cd and lead-acid cells, 

some types of Li-ion cells employ 

electrolytes that are known to be 

flammable. This material can serve as a 

source of fuel for an external fire in the 

event of a breach of the cell container. 

The intent of the proposed special 

condition is to establish appropriate 

airworthiness standards for Li-ion 

battery installations in the Cessna 

Aircraft Company, model 525C (CJ4) 

airplane, and to ensure, as required by 

14 CFR part 23, § 23.601, that these 

battery installations do not possess 

hazardous or unreliable design 

characteristics. The proposed special 

condition adopts the following 

requirements as a means of addressing 

these concerns: 

• Inclusion of those sections of 14 

CFR part 23, § 23.1353 that are 

applicable to Li-ion batteries. 

• Inclusion of the flammable fluid fire 

protection requirements of 14 CFR part 

23, § 23.863. In the past, this rule was 

not applied to the batteries of business 

jet or commuter category airplanes since 

the electrolytes utilized in lead-acid and 

Ni-CD batteries are not considered to be 

flammable. 

• Addition of new requirements to 

address the potential hazards of 

overcharging and overdischarging that 

are unique to Li-ion battery designs. 

Addition of maintenance 

requirements to ensure that batteries 

used as spares are maintained in an 

appropriate state of charge (SOC). 

Applicability 

As discussed above, these special 

conditions are applicable to the Cessna 

model 525C (CJ4). Should Cessna 

Aircraft Company apply at a later date 

for a change to the type certificate to 

include another model incorporating 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 

of airplane. It is not a rule of general 

applicability. 

List of Subjects in 14 CFR Part 23 

Aircraft, Aviation safety, Reporting 

and recordkeeping requirements. 

Citation 

The authority citation for these 

special conditions is as follows: 

26820 Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Proposed Rules 

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

44701; 14 CFR 21.16 and 21.17; 14 CFR 11.38 

and 11.19. 

The Proposed Special Conditions 

Accordingly, the Federal Aviation 

Administration (FAA) proposes the 

following special conditions as part of 

the type certification basis for Cessna 

Aircraft Company, model 525C (CJ4) 

airplanes. 

Cessna Aircraft Company, Model 525C 

(CJ4) Lithium Ion Battery Installation 

In lieu of the requirements of 14 CFR 

part 23, § 23.1353(a) through (e), lithium 

ion batteries and battery installations on 

the Cessna Aircraft Company, model 

525C (CJ4) airplane must be designed 

and installed as follows: 

(1) Safe cell temperatures and 

pressures must be maintained during 

any probable charging or discharging 

condition, or during any failure of the 

charging or battery monitoring system 

not shown to be extremely remote. The 

Li-ion battery installation must be 

designed to preclude explosion or fire in 

the event of those failures. 

(2) Li-ion batteries must be designed 

to preclude the occurrence of selfsustaining, uncontrolled increases in 

temperature or pressure. 

(3) No explosive or toxic gasses 

emitted by any Li-ion battery in normal 

operation or as the result of any failure 

of the battery charging or monitoring 

system, or battery installation not 

shown to be extremely remote, may 

accumulate in hazardous quantities 

within the airplane. 

(4) Li-ion batteries that contain 

flammable fluids must comply with the 

flammable fluid fire protection 

requirements of 14 CFR part 23, 

§ 23.863(a) through (d). 

(5) No corrosive fluids or gasses that 

may escape from any Li-ion battery may 

damage surrounding airplane structure 

or adjacent essential equipment. 

(6) Each Li-ion battery installation 

must have provisions to prevent any 

hazardous effect on structure or 

essential systems that may be caused by 

the maximum amount of heat the 

battery can generate during a short 

circuit of the battery or of its individual 

cells. 

(7) Li-ion battery installations 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 Li-ion battery installation 

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 capacity and SOC of the 

batteries have fallen below levels 

considered acceptable for dispatch of 

the airplane. 

(9) The Instructions for Continued 

Airworthiness (ICAW) must contain 

recommended manufacturers 

maintenance and inspection 

requirements to ensure that batteries, 

including single cells, meet a safety 

function level essential to the aircraft’s 

continued airworthiness. 

(i) The ICAW must contain operating 

instructions and equipment limitations 

in an installation maintenance manual. 

(ii) The ICAW must contain 

installation procedures and limitation in 

a maintenance manual, sufficient to 

ensure that cells or batteries, when 

installed according to the installation 

procedures, still meet safety functional 

levels, essential to the aircraft’s 

continued airworthiness. The limitation 

must identify any unique aspects of the 

installation. 

(iii) The ICAW must contain 

corrective maintenance procedures to 

functionally check battery capacity at 

manufacturers recommended inspection 

intervals. 

(iv) The ICAW must contain 

scheduled servicing information to 

replace batteries at manufacturers 

recommended replacement time. 

(v) The ICAW must contain 

maintenance inspection requirements to 

visually check for a battery and/or 

charger degradation. 

(10) Batteries in a rotating stock 

(spares) that have experienced degraded 

charge retention capability or other 

damage due to prolonged storage must 

be functionally checked at 

manufacturers recommended inspection 

intervals. 

(11) System Safety Assessment 

process should address the software and 

complex hardware levels for the 

sensing, monitoring and warning 

systems, if these systems contain 

complex devices. The functional hazard 

assessment (FHA) for the system is 

required based on the intended 

functions described. The criticality of 

the specific functions will be 

determined by the safety assessment 

process for compliance with 14 CFR 

part 23, § 23.1309, and Advisory 

Circular 23.1309–1D contains 

acceptable means for accomplishing this 

requirement. For determining the failure 

condition, the criticality of a function 

will include the mitigating factors. The 

failure conditions must address the loss 

of function and improper operations. 

These special conditions are not 

intended to replace 14 CFR part 23, 

§ 23.1353 in the certification basis of the 

Cessna Aircraft Company, model 525C 

(CJ4) airplanes. The proposed special 

conditions would apply only to Li-ion 

batteries and battery installations. The 

battery requirements of 14 CFR part 23, 

§ 23.1353 would remain in effect for 

batteries and battery installations on the 

Cessna Aircraft Company, model 525C 

(CJ4) airplane that do not use Li-ion 

chemistry. 

Issued in Kansas City, Missouri on May 27, 

2009. 

John Colomy, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–12994 Filed 6–3–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[USCG–2009–0249] 

RIN 1625–AA09 

Drawbridge Operation Regulations; 

CSX Railroad, Trout River, Mile 0.9, 

Jacksonville, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

change the regulations governing the 

operation of the CSX Railroad Bridge 

across the Trout River, mile 0.9, 

Jacksonville, Florida. This proposed 

rule would allow the bridge to operate 

using an automated system, without an 

onsite bridge tender. Currently, the 

bridge is required to open on signal 

from 6 a.m. until 10 p.m.; and from 10 

p.m. until 6 a.m. The draw shall open 

on signal if at least 12 hours notice is 

given. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before August 3, 2009. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2009–0249 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov.