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[Federal Register: February 11, 2008 (Volume 73, Number 28)]
[Notices]
[Page 7785-7788]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11fe08-110]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No. DOT-OST-2007-0108]


National Task Force to Develop Model Contingency Plans to Deal
With Lengthy Airline On-Board Ground Delays

AGENCY: Office of the Secretary (OST), Department of Transportation
(DOT).

ACTION: Notice of membership and first meeting of advisory committee.

-----------------------------------------------------------------------

SUMMARY: This notice announces the membership and the first meeting of
the National Task Force to Develop Model Contingency Plans to Deal with
Lengthy Airline On-Board Ground Delays.

DATES: The first meeting of the Task Force is scheduled for February
26, 2008, from 8:30 a.m. to 5 p.m., Eastern Time.

ADDRESSES: The first meeting of the Task Force will be held at the U.S.
Department of Transportation (U.S. DOT), 1200 New Jersey Avenue, SE.,
Washington, DC, in the Oklahoma City Conference Room on the lobby level
of the West Building.

FOR FURTHER INFORMATION OR TO CONTACT THE DEPARTMENT CONCERNING

[[Page 7786]]

THE TASK FORCE:
Livaughn Chapman, Jr., or Kathleen Blank-Riether, Office of the
General Counsel, U.S. Department of Transportation, 1200 New Jersey
Ave., SE., W-96-429, Washington, DC 20590-0001; Phone: (202) 366-9342;
Fax: (202) 366-7152; E-mail:
Livaughn.Chapman@dot.gov, or Kathleen.Blankriether@dot.gov.



SUPPLEMENTARY INFORMATION:

Background

DOT's Office of Inspector General recommended, in its audit report,
entitled ``Actions Needed to Minimize Long, On-Board Flight Delays,''
issued on September 25, 2007, that the Secretary of Transportation
establish a national task force of airlines, airports, and the Federal
Aviation Administration to coordinate and develop contingency plans to
deal with lengthy delays, such as working with carriers and airports to
share facilities and make gates available in an emergency.
To effectuate this recommendation, the Department published a
notice of intent to form an advisory committee in the Federal Register
on December 20, 2007 (72 FR 72435). This notice, consistent with the
requirements of the Federal Advisory Committee Act (FACA), 5 U.S.C.
App. 2, announced the establishment of the Task Force and invited
comments, as well as nominations and applications for membership. The
Task Force Charter is attached as Appendix 1.
A total of thirty-four (34) applications/nominations for membership
on the Task Force were submitted to the docket. In selecting the
members of the Task Force, the Department attempted to achieve a
balanced membership representing a broad cross-section of the diverse
agencies, organizations and individuals that represent airlines,
airports, consumer groups and other interested entities in the United
States. We also contacted some organizations that had not submitted an
application for membership by the January 4 deadline, but whose
membership in the Task Force we believed would be beneficial, to
encourage their participation. The Secretary of Transportation has now
named the members of the Task Force, and their names are listed below
as Appendix 2 to this notice. In addition to the Task Force members
named by the Secretary, individuals from the Department of Homeland
Security, the Federal Aviation Administration, and the Office of the
Secretary will participate in the Task Force as non-member
participants.
As noted above, the first meeting of the Task Force will take place
on February 26, 2008. The agenda topics for the first meeting will
include: (1) Orientation about the Federal Advisory Committee Act
procedures and the purpose of the task force; (2) an introduction of
the issues and discussion of contingency plans, and (3) establishment
of working groups. A period of time for public comments, if any, will
also be provided.
The Department anticipates that the Task Force will meet at least
three additional times in 2008. It is anticipated that all meetings
will be held in Washington, DC at the U.S. DOT headquarters building.
The Department will publish notices in the Federal Register to announce
the dates, times, and locations of future meetings. Meetings of the
Task Force are open to the public, and time will be provided for
comments by members of the public. Since access to the U.S. DOT
headquarters building is controlled for security purposes, any member
of the general public who plans to attend the first meeting must notify
the Department contact noted above ten (10) calendar days prior to the
meeting. Attendance will be necessarily limited by the size of the
meeting room.
Members of the public may present written comments at any time and,
at the discretion of the Chairman and time permitting, oral comments at
the meeting. Any oral comments permitted must be limited to agenda
items and will be limited to five (5) minutes per person. Members of
the public who wish to present oral comments must notify the Department
contact noted above via e-mail that they wish to attend and present
oral comments at least ten (10) calendar days prior to the meting. For
this February 20 meeting, no more than one hour will be set aside for
oral comments. Although written material may be filed in the docket at
any time, comments regarding upcoming meeting topics should be sent to
the Task Force docket, (10) calendar days prior to the meeting. Members
of the public may also contact the Department contact noted above to be
placed on the Task Force mailing list.
Persons with a disability requiring special accommodations, such as
an interpreter for the hearing impaired, should contact the Department
contact noted above at least seven (7) calendar days prior to the
meeting.
Notice of this meeting is provided in accordance with the FACA and
the General Services Administration regulations covering management of
Federal advisory committees. (41 CFR part 102-3.)

Conclusion

The First Meeting of the National Task force to Develop Model
Contingency Plans to Deal with Lengthy Airline On-Board Ground Delays
will be held on February 26, 2008, from 8:30 a.m. to 5 p.m., Eastern
Time, at the U.S. Department of Transportation, 1200 New Jersey Avenue,
SE., Washington, DC, in the Oklahoma City Conference Room on the lobby
level of the West Building.

Issued on: February 5, 2008.
Samuel Podberesky,
Assistant General Counsel for Aviation Enforcement & Proceedings, U.S.
Department of Transportation.

Appendix 1--Charter for the National Task Force to Develop Model
Contingency Plans to Deal With Lengthy Airline On-Board Ground Delays

Federal Advisory Committee Charter

National Task Force to Develop Model Contingency Plans to Deal with
Lengthy Airline On-Board Ground Delays

U.S. Department of Transportation
1. Purpose: This charter establishes the National Task Force to
Develop Model Contingency Plans to Deal with Lengthy Airline On-Board
Ground Delays pursuant to the Federal Advisory Committee Act (FACA), as
amended, 5 U.S.C., App. 2, and sets forth policies for its operations.
2. Scope and Objectives:
a. The Task Force will develop model contingency plans for
minimizing the impact of lengthy airline on-board ground delays.
b. The Task Force will be responsible for reviewing incidents
involving long, on-board ground delays and their causes; identifying
trends and patterns of such events; and recommending workable solutions
for mitigating the on-board consumer impact of extraordinary flight
disruptions.
c. The Task Force will report to the Secretary of Transportation
the results of its consideration and a description of model contingency
plans it develops.
d. The Task Force will not exercise program management, regulatory
or program guidance responsibilities. It will make no decision directly
affecting the programs on which it provides advice. The Task Force will
provide a forum for the development, consideration, and communication
from a knowledgeable and independent perspective of a strategy for
dealing with

[[Page 7787]]

lengthy on-board ground delays nationwide.
3. Duties: The Task Force will carry out the following tasks:
a. Develop model contingency plans to deal with lengthy air carrier
on-board delays.
b. Review incidents involving long, on-board ground delays and
their causes; identify trends and patterns of such events; and
recommend workable solutions for mitigating the on-board consumer
impact of extraordinary flight disruptions.
c. Review existing airline and airport contingency plans for
extended tarmac delays for best practices.
d. Report to the Secretary of Transportation the results of its
consideration and a description of the model contingency plans
developed.
4. Duration: The Task Force will remain in existence for 1 year
from the effective date of this charter, unless recommended for
termination or renewal by the Secretary of Transportation.
5. Official to Whom the Task Force Reports: The Task Force will
report to the Secretary of Transportation through the sponsor.
6. Sponsor and Agency Providing Support: The Office of the General
Counsel serves as sponsor of the Task Force and has designated the
Assistant General Counsel for Aviation Enforcement and Proceedings as
the Designated Federal Official and Chairman of the Task Force. The
Sponsor has designated the Federal Aviation Administration's Associate
Administrator for Airports as the Vice Chairman of the Task Force. The
Chairman of the Task Force will direct the affairs of the Task Force
and will provide necessary administrative support, as required by the
Federal Advisory Committee Act. At the request of the Chairman, the
Vice Chairman will perform these duties.
7. Delegation: The Chairman is delegated the authority to require
special reports under 49 U.S.C. 41708 to effectuate the duties of the
Task Force. The Chairman is also delegated the authority to issue
Federal Register notices regarding the workings of the Task Force.
8. Membership:
a. The Task Force will be composed of individuals appointed by the
Secretary of Transportation. Task Force members will be Regular
Government Employees and Representatives of airlines, airports and
consumer groups in the U.S.
b. Nonparticipation by any member in Task Force activities will be
sufficient reason for the appointment of a replacement member by the
Secretary of Transportation.
c. The Task Force will ensure that the public is able to present
its views to the Task Force in accordance with the Federal Advisory
Committee Act.
9. Task Force Officers: The Chairman will conduct each meeting
using generally accepted meeting management techniques, provide an
opportunity for participation by each member and by public attendees,
ensure adherence to the agenda, maintain order, and prepare any
recommendations to be submitted to the Secretary of Transportation. At
the request of the Chairman, the Vice Chairman will perform these
duties.
10. Meetings:
a. Meetings will be held at the call of or with the advance
approval of the Designated Federal Official. The Task Force will meet
approximately 4 times the first year in Washington, DC. Special
meetings and working group meetings may be called as necessary. Notice
of each scheduled meeting will be published in the Federal Register.
b. All meetings will be open to the public. Members of the public
will be permitted to appear before or file statements with the Task
Force. The Designated Federal Official must be present at each Task
Force meeting. The official has the authority to adjourn the meeting
whenever such action is deemed to be in the public interest. A quorum
exists when at least one-half of the appointed members are present. A
quorum must exist for any official action, including voting, to occur.
In any situation involving voting, the majority vote of members present
will prevail. An agenda for each meeting must be approved in advance by
the Designated Federal Official.
11. Compensation: Members of the Task Force are responsible for
their own travel and per diem expenses.
12. Costs: Operating expenses are borne by the Task Force Sponsor.
The estimated annual cost to the government is $20,000 inclusive of
support, report writing, meeting costs, travel, and other logistics.
13. Availability of Records: Pursuant to Section 552 of Title 5,
United States Code, the records, reports, minutes, agenda, and other
documents made available to or by the Task Force will be available for
public inspection and duplication in the Office of the Secretary of
Transportation. A docket will be established for this Task Force to
accomplish this result. To the extent that there is a discussion of
issues concerning on-going rulemaking proceedings during a Task Force
meeting, the minutes of that meeting will be placed in the appropriate
docket.
14. Reports: The Designated Federal Official will furnish detailed
minutes of each meeting to the Sponsor. The minutes contain a record of
the persons present, a complete and accurate description of matters
discussed and conclusions reached, and copies of all reports received,
issued, or approved by the Task Force. The Chairman will certify the
accuracy of the minutes.
15. Working Groups:
a. The Task Force may establish working groups to perform specific
assignments with the approval of the Designated Federal Official. The
Chairman may designate members from either the Task Force or the public
to serve on working groups. Any Working Group Chairman will be a Task
Force member. Recording or videotaping of working group meetings may be
performed only with the Designated Federal Official's approval.
b. Any recommendations to the Department by working groups are
subject to approval by the Task Force as a whole.
16. Filing Date: January 3, 2008 is the filing date and the
effective date of this charter which will expire 1 year from this
filing date, unless sooner terminated or extended.

Appendix 2--Membership of the National Task Force to Develop Model
Contingency Plans to Deal With Lengthy On-Board Ground Delays

Samuel Podberesky, Chairman, Assistant General Counsel for Aviation
Enforcement and Proceedings, U.S. Department of Transportation.
D. Kirk Shaffer, Vice Chairman, Associate Administrator for
Airports, Federal Aviation Administration.
Basil Barimo, Vice President, Operations and Safety, Air Transport
Association.
Brian Bartal, Project Manager, American Eagle Airlines.
Roger Cohen, President, Regional Airline Association.
Michael C. Collins, Disability Rights Advocate.
James M. Crites, Executive Vice President, Operations, Dallas/Fort
Worth International Airport.
Benjamin R. DeCosta, Aviation General Manager, Hartsfield-Jackson
International Airport.
George F. Doughty, Executive Director, Lehigh-Northampton Airport
Authority.
Charles M. Durham, III, Sr. Manager of Dispatch, ExpressJet
Airlines.
Edward P. Faberman, Executive Director, Air Carrier Association of
America.
James J. Gaydos, Director, Airport Services, American Airlines.

[[Page 7788]]

Kate Hanni, Founder/Spokesperson, Coalition for an Airline
Passengers' Bill of Rights.
Steve Hozdulick, Senior Director--Operational Performance,
Southwest Airlines.
Kevin Hudson, Senior Manager, Operational Performance, Tracking and
Reporting, Frontier Airlines.
William R. Lange, Vice President, Safety & Compliance, Compass
Airlines.
Douglas E. Lavin, Regional Vice President, International Air
Transport Association--North America.
Tony Lefebvre, Senior Vice President--Customer Service, Spirit
Airlines.
D. Leo Malloy, Jr., Vice President, Customer Service, Skyway
Airlines/Midwest Connect.
Alex Marren, Vice President, Operational Services, United Airlines.
Deborah C. McElroy, Executive Vice President, Policy and External
Affairs, Airports Council International--North America.
Robert K. Muhs, Vice President, System Operations Control,
Northwest Airlines.
Patrick V. Murphy, Aviation Consultant, representing U.S. Airways.
Capt. Larry Newman, Chairman, Air Traffic Service Group, Air Line
Pilots Association, International.
Bradley, D. Penrod, CEO/Executive Director, Allegheny County
Airport Authority.
Paul. M. Ruden, Senior Vice President, Legal and Industry Affairs,
American Society of Travel Agents.
Daniel Rutenberg, Vice President, International Airline Passengers
Association.
Melissa Sabatine, Vice President of Regulatory Affairs, American
Association of Airport Executives.
Leo J. Schefer, President, Washington Airports Task Force.
Lysa C. Scully, Assistant Director, Customer, Cargo, Concessions
and Airport Services, the Port Authority of New York and New Jersey.
Jim Tabor, Vice President of Operations, AirTran Airways.
Daniel A. Weiss, Managing Director, International Policy and
Regulatory Affairs, Continental Airlines.
Warren R. Wilkinson, Vice President of Government Affairs and
Corporate Communications, Republic Airways.
William H. Williams, Jr., Aviation Director, North Carolina
Department of Transportation.
Thomas E. Zoeller, President and CEO, National Air Carrier
Association.

[FR Doc. E8-2459 Filed 2-8-08; 8:45 am]

BILLING CODE 4910-9X-P

Runway Safety

Oh, dear.

Data

Transportation Statistics.

Aircraft Wiring

Degradation Study.

Lithium Ion Battery Threat to Aircraft

--------------------------------------------------------------------------------

8 February 2008



--------------------------------------------------------------------------------

[Federal Register: February 7, 2008 (Volume 73, Number 26)]
[Rules and Regulations]
[Page 7203-7205]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07fe08-7]


[[Page 7203]]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. NM387; Special Conditions No. 25-366-SC]


Special Conditions: Boeing Model 767-200, -300, and -300F Series
Airplanes; Satellite Communication System With Lithium Ion Battery
Installation

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

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SUMMARY: These special conditions are issued for Boeing Model 767-200,
-300, and -300F series airplanes. These airplanes as modified by ABX
Air Inc. will have a novel or unusual design feature associated with a
satellite communication system which uses lithium ion battery
technology. 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 January 25,
2008. We must receive your comments by March 10, 2008.

ADDRESSES: You must mail two copies of your comments to: Federal
Aviation Administration, Transport Airplane Directorate, Attention:
Rules Docket (ANM-113), Docket No. NM387, 1601 Lind Avenue, SW.,
Renton, Washington 98057-3356. You may deliver two copies to the
Transport Airplane Directorate at the above address. You must mark your
comments: Docket No. NM387. You can inspect comments in the Rules
Docket weekdays, except federal holidays, between 7:30 a.m. and 7 p.m.

FOR FURTHER INFORMATION CONTACT: Nazih Khaouly, FAA, Airplane and
Flight Crew Interface, 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 and
opportunity for prior public comment on these special conditions are
unnecessary because the substance of these special conditions has
previously been subject to the public comment process. While we
received comments on the previously-proposed special conditions and
carefully reviewed them, we determined that no changes were needed to
the special conditions, as proposed. In addition, notice and
opportunity for prior public comment are impracticable because these
procedures would significantly delay issuance of the design approval
and thus delivery of the affected aircraft. Therefore, the FAA finds
that it is unnecessary to provide an additional opportunity to comment
and that good cause exists for making these special conditions
effective upon issuance.

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
about these special conditions. You can 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 by 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 us to let you know we received your comments on these
special conditions, send us 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 July 5, 2007, ABX Air, Inc. of Wilmington, Ohio applied for a
supplemental type certificate to install a satellite communication
system on Boeing Model 767-200, -300, and -300F series airplanes. The
satellite communication system contains the following equipment:
Wingspeed Corporation Aircraft Communication Unit,
Sensor Systems GPS/Iridium Antennae,
Satellite Phone Handset,
DAC International Class II GEN-X Electronic Flight Bag
System, and
RITEC Airborne Printer
At present, there is limited experience with use of rechargeable
lithium ion batteries 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. These problems include
overcharging, over-discharging, and flammability of cell components.

1. Overcharging

In general, lithium ion batteries 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 is especially true
for overcharging that 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 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 flight crews 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 ion 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 ion batteries raise
concern about the use of these batteries in commercial aviation.
Accordingly, the proposed use of lithium ion batteries in a satellite
communication system on Boeing Model 767-200, -300, and -300F series
airplanes has prompted the FAA to review the adequacy of existing
regulations in 14 CFR 25. Our review indicates that the existing
regulations do not adequately address several failure, operational, and
maintenance characteristics of lithium ion batteries

[[Page 7204]]

that could affect the safety and reliability of lithium ion battery
installations.
The intent of these special conditions is to establish appropriate
airworthiness standards for lithium ion batteries in Boeing Model 767-
200, -300, and -300F series airplanes modified by ABX Air Inc. and to
ensure, as required by 14 CFR 25.601, that these battery installations
are not hazardous or unreliable. Accordingly, these special conditions
include the following requirements:
Those provisions of 14 CFR 25.1353 which are applicable to
lithium ion batteries.
The flammable fluid fire protection provisions of 14 CFR
25.863.
In the past, this regulation was not applied to batteries of
transport category airplanes, since the electrolytes used in lead-acid
and nickel-cadmium batteries are not flammable.
New requirements to address the hazards of overcharging
and over-discharging that are unique to lithium batteries.
New Instructions for Continuous Airworthiness that include
maintenance requirements to ensure that batteries used as spares are
maintained in an appropriate state of charge.

Type Certification Basis

Under the provisions of 14 CFR 21.101, ABX Air, Inc. must show that
the Boeing Model 767-200, -300 and -300F series airplanes, as changed,
continue 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.''
The certification basis for Boeing Model 767-200, -300, and -300F
series airplanes includes applicable sections of 14 CFR part 25,
effective July 30, 1982, as amended by Amendments 25-1 through 25-45,
except for portions of Amendment 25.38. In addition, the certification
basis includes certain special conditions, exemptions, equivalent
levels of safety, or later amended sections of the applicable part 25
that are not relevant to these special conditions.
If the Administrator finds that the applicable airworthiness
regulations (i.e., part 25, as amended) do not contain adequate or
appropriate safety standards for Boeing Model 767-200, -300, and -300F
series airplanes because of a novel or unusual design feature, special
conditions are prescribed under the provisions of Sec. 21.16.
In addition to the applicable airworthiness regulations and special
conditions, the Boeing Model 767-200, -300, and -300F 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,
under 14 CFR 11.38, and they become part of the type certification
basis in accordance with Sec. 21.101.
Special conditions are initially applicable to the models for which
they are issued. Should ABX Air, Inc. apply for a supplemental type
certificate to modify any other model included on Type Certificate No.
A1NM to incorporate the same or similar novel or unusual design
feature, these special conditions would also apply to the other model.

Novel or Unusual Design Features

The Boeing Model 767-200, -300, and 300F series airplanes--as
modified by ABX Air Inc. to include a satellite communication system
which uses lithium ion battery technology--will incorporate a novel or
unusual design feature. Because of rapid improvements in airplane
technology, 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.
The satellite communication system will include a lithium ion
battery installation. Large, high capacity, rechargeable lithium ion
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 large transport category airplanes. The FAA issues
these special conditions to require that (1) all characteristics of the
lithium ion battery and its installation that could affect safe
operation of the satellite communication system are addressed, and (2)
appropriate maintenance requirements are established to ensure that
electrical power is available from the batteries when it is needed.

Applicability

As discussed above, these special conditions are applicable to the
Boeing Model 767-200, -300, and -300F series airplanes as modified by
ABX Air Inc. Should ABX Air, Inc. 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, these special conditions would apply to that model as
well.

Conclusion

This action affects only certain novel or unusual design features
of the Boeing Model 767-200, -300, and 300F series airplanes as
modified by ABX Air Inc. It is not a rule of general applicability and
affects only the applicant which 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. For this reason and 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 that good cause exists
for adopting these special conditions upon issuance. 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
comments described above.

List of Subjects in 14 CFR Part 25

Aircraft, Aviation safety, Reporting and recordkeeping
requirements.


0
The authority citation for these special conditions is as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704.

The Special Conditions

The FAA proposes the following special conditions as part of the
type certification basis for Boeing Model 767-200, -300, and 300F
series airplanes modified by ABX Air Inc. in lieu of the requirements
of 14 CFR 25.1353(c)(1) through (c)(4), Amendment 25-113.
Lithium ion batteries and battery installations on Boeing 767-200,
-300, and -300F series airplanes must be designed and installed as
follows:
(1) Safe cell temperatures and pressures must be maintained during

[[Page 7205]]

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 battery installation must preclude
explosion in the event of those failures.
(2) Design of the lithium ion batteries must preclude the
occurrence of self-sustaining, uncontrolled increases in temperature or
pressure.
(3) No explosive or toxic gases emitted by any lithium ion 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 lithium ion batteries must meet the
requirements of 14 CFR 25.863(a) through (d).
(5) No corrosive fluids or gases that may escape from any lithium
ion 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 14
CFR 25.1309 (b) and applicable regulatory guidance.
(6) Each lithium ion 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) Lithium 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 lithium 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 state-of-charge of the batteries has
fallen below levels considered acceptable for dispatch of the airplane.
(9) The Instructions for Continued Airworthiness required by 14 CFR
25.1529 must contain maintenance requirements to assure that the
lithium ion battery is sufficiently charged at appropriate intervals
specified by the battery manufacturer to ensure that batteries whose
function is required for safe operation of the airplane will not
degrade below specified ampere-hour levels sufficient to power the
electronic flight bag (EFB) applications that are required for
continued safe flight and landing. The Instructions for Continued
Airworthiness must also contain procedures for the maintenance of
lithium ion batteries in spares storage to prevent the replacement of
batteries whose function is required for safe operation of the airplane
with batteries that have experienced degraded charge retention ability
or other damage due to prolonged storage at a low state of charge.
Precautions should be included in the Instructions for Continued
Airworthiness maintenance instructions to prevent mishandling of the
lithium ion battery which could result in short-circuit or other
unintentional damage that could result in personal injury or property
damage.

Note 1: The term, ``sufficiently charged'' means the charge that
is applied to rechargeable lithium ion batteries, which diminishes
during the life of batteries with respect to the retentive capacity
of the batteries to deliver available power--where capacity is the
total quantity of electricity of a cell or battery, expressed in
ampere-hours. Battery life is influenced by its internal chemical
reaction and by other factors, such as temperature, shock, the
number of recharges, etc.


Note 2: These special conditions are not intended to replace 14
CFR 25.1353(c), Amendment 25-113 in the certification basis of the
ABX, Air Inc supplemental type certificate. These special conditions
apply only to lithium ion batteries and their installations. The
requirements of 14 CFR 25.1353(c), Amendment 25-113 remain in effect
for batteries and battery installations on the ABX Air supplemental
type certificate that do not use lithium ion batteries.

Compliance with the requirements of this Special Condition must be
shown by test or analysis, with the concurrence of the Chicago Aircraft
Certification Office.

Issued in Renton, Washington, on January 25, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-2224 Filed 2-6-08; 8:45 am]

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