80_FR_51888 80 FR 51723 - Special Conditions: Bombardier Inc., Model BD-100-1A10 Airplane; Installed Rechargeable Lithium Batteries and Battery Systems

80 FR 51723 - Special Conditions: Bombardier Inc., Model BD-100-1A10 Airplane; Installed Rechargeable Lithium Batteries and Battery Systems

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 80, Issue 165 (August 26, 2015)

Page Range51723-51725
FR Document2015-21118

These special conditions are issued for the Bombardier Inc. Model BD-100-1A10 airplane. This airplane, as modified by S4A, Solutions for Aviation, S.L., 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 the installation of an Aspire 200 satellite communications (satcom) system with wireless handsets that use rechargeable lithium batteries and battery systems. Rechargeable lithium batteries and battery systems have 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. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for these design features. 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.

Federal Register, Volume 80 Issue 165 (Wednesday, August 26, 2015)
[Federal Register Volume 80, Number 165 (Wednesday, August 26, 2015)]
[Rules and Regulations]
[Pages 51723-51725]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-21118]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
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Federal Register / Vol. 80, No. 165 / Wednesday, August 26, 2015 / 
Rules and Regulations

[[Page 51723]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2015-3463; Special Conditions No. 25-590-SC]


Special Conditions: Bombardier Inc., Model BD-100-1A10 Airplane; 
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 Bombardier Inc. 
Model BD-100-1A10 airplane. This airplane, as modified by S4A, 
Solutions for Aviation, S.L., 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 the installation of an Aspire 200 satellite communications 
(satcom) system with wireless handsets that use rechargeable lithium 
batteries and battery systems. Rechargeable lithium batteries and 
battery systems have 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. The applicable 
airworthiness regulations do not contain adequate or appropriate safety 
standards for these design features. 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: This action is effective on Bombardier Inc. on August 26, 2015. 
We must receive your comments by September 25, 2015.

ADDRESSES: Send comments identified by docket number FAA-2015-3463 
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 the 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 
airplanes. 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 June 18, 2014, S4A, Solutions for Aviation, S.L. applied for a 
supplemental type certificate to install an Aspire 200 satcom system 
with wireless handsets in the Bombardier Model BD-100-1A10 airplane 
(known as the ``Challenger 300''). The BD-100-1A10 airplane is a 
corporate jet with an eight-passenger and two-crew capacity. It is 
equipped with two, rear-mounted Honeywell HTF7000 turbofan engines and 
has a maximum takeoff weight of 38,850 lb/17,622 kg.

Type Certification Basis

    Under the provisions of Title 14, Code of Federal Regulations (14 
CFR) 21.101, S4A, Solutions for Aviation, S.L. must show that the BD-
100-1A10 airplane, as changed, continues to meet the regulations listed 
in T00005NY or the applicable regulations in effect on the date of 
application for the change except for earlier amendments as agreed upon 
by the FAA.
    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 BD-100-1A10 airplane because of a 
novel or unusual design feature, special conditions are prescribed 
under the provisions of Sec.  21.16.

[[Page 51724]]

    Special conditions are initially applicable to the model for which 
they are issued. Should the applicant apply for a supplemental type 
certificate to modify any other model included on the same type 
certificate to incorporate the same novel or unusual design feature, 
these special conditions would also apply to the other model under 
Sec.  21.101.
    In addition to the applicable airworthiness regulations and special 
conditions, the BD-100-1A10 airplane 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 Sec.  11.38, and they become part of the type-
certification basis under Sec.  21.101.

Novel or Unusual Design Features

    The BD-100-1A10 airplane will incorporate the following novel or 
unusual design feature: The installation of an Aspire 200 satcom system 
with wireless handsets that will use rechargeable lithium batteries and 
battery systems. Rechargeable lithium batteries and battery systems 
that have 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 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.

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 part 25 in February 1965. The recodified battery 
requirements, Sec.  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, 
with Amendments 25-41 and 25-42 respectively, the FAA added paragraphs 
(c)(5) and (c)(6) to Sec.  25.1353 governing nickel-cadmium battery 
installations on large, transport category airplanes. On December 10, 
2007, Amendment 25-123 moved the contents of paragraph (b) in Sec.  
25.1353 to the new subpart H, resulting in the relocation of the 
regulations governing the installation of batteries in Sec.  25.1353 
from paragraph (c) to paragraph (b).
    The use of rechargeable lithium batteries for equipment and systems 
prompted the FAA to review the adequacy of these existing regulations. 
Our review indicated 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 Bombardier BD-100-1A10 lithium battery 
installations.
    At present, there is limited experience with the use of lithium 
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 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 self-sustaining 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 these special conditions is to establish appropriate 
airworthiness standards for lithium battery installations in the BD-
100-1A10 airplane and to ensure, as required by Sec. Sec.  25.601, that 
these battery installations are not hazardous or unreliable.

Applicability

    As discussed above, these special conditions are applicable to the 
Model No. BD-100-1A10 airplane. Should S4A, Solutions for Aviation, 
S.L. apply at a later date for a supplemental type certificate to 
modify any other model included on Type Certificate No. T00005NY 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 
on one airplane model. 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, 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.

[[Page 51725]]

The Special Conditions

0
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 Bombardier BD-100-1A10 airplane 
modified by S4A, Solutions for Aviation, S.L.
    In lieu of the requirements of Title 14, Code of Federal 
Regulations (14 CFR) 25.1353(c)(1) through (c)(4) at Amendment 25-101 
for rechargeable lithium batteries and battery systems, all 
installations 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 Sec.  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 Sec.  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. 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-of-charge of the 
batteries has fallen below levels considered acceptable for dispatch of 
the airplane.
    9. The instructions for continued airworthiness required by Sec.  
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 aircraft system, 
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 short-circuit 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 there is 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 
Sec.  25.1353(c) at Amendment 25-101 in the certification basis of 
the BD-100-1A10 airplane. These special conditions apply only to 
rechargeable lithium batteries and lithium battery systems and their 
installations. The requirements of Sec.  25.1353(c) at Amendment 25-
101 remain in effect for batteries and battery installations on the 
BD-100-1A10 airplane that do not use lithium batteries.


    Issued in Renton, Washington, on August 7, 2015.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2015-21118 Filed 8-25-15; 8:45 am]
 BILLING CODE 4910-13-P



                                                                                                                                                                                            51723

                                             Rules and Regulations                                                                                         Federal Register
                                                                                                                                                           Vol. 80, No. 165

                                                                                                                                                           Wednesday, August 26, 2015



                                             This section of the FEDERAL REGISTER                    must receive your comments by                         on, these special conditions is
                                             contains regulatory documents having general            September 25, 2015.                                   impracticable because these procedures
                                             applicability and legal effect, most of which           ADDRESSES: Send comments identified                   would significantly delay issuance of
                                             are keyed to and codified in the Code of                                                                      the design approval and thus delivery of
                                                                                                     by docket number FAA–2015–3463
                                             Federal Regulations, which is published under                                                                 the affected airplanes. In addition, the
                                             50 titles pursuant to 44 U.S.C. 1510.                   using any of the following methods:
                                                                                                       • Federal eRegulations Portal: Go to                substance of these special conditions
                                             The Code of Federal Regulations is sold by              http://www.regulations.gov/ and follow                has been subject to the public comment
                                             the Superintendent of Documents. Prices of              the online instructions for sending your              process in several prior instances with
                                             new books are listed in the first FEDERAL               comments electronically.                              no substantive comments received. The
                                             REGISTER issue of each week.                              • Mail: Send comments to Docket                     FAA therefore finds that good cause
                                                                                                     Operations, M–30, U.S. Department of                  exists for making these special
                                                                                                     Transportation (DOT), 1200 New Jersey                 conditions effective upon publication in
                                             DEPARTMENT OF TRANSPORTATION                            Avenue SE., Room W12–140, West                        the Federal Register.
                                                                                                     Building Ground Floor, Washington, DC                 Comments Invited
                                             Federal Aviation Administration                         20590–0001.
                                                                                                       • Hand Delivery or Courier: Take                      We invite interested people to take
                                             14 CFR Part 25                                          comments to Docket Operations in                      part in this rulemaking by sending
                                                                                                     Room W12–140 of the West Building                     written comments, data, or views. The
                                             [Docket No. FAA–2015–3463; Special                      Ground Floor at 1200 New Jersey                       most helpful comments reference a
                                             Conditions No. 25–590–SC]                                                                                     specific portion of the special
                                                                                                     Avenue SE., Washington, DC, between 9
                                                                                                     a.m. and 5 p.m., Monday through                       conditions, explain the reason for any
                                             Special Conditions: Bombardier Inc.,                                                                          recommended change, and include
                                             Model BD–100–1A10 Airplane;                             Friday, except Federal holidays.
                                             Installed Rechargeable Lithium                            • Fax: Fax comments to Docket                       supporting data.
                                                                                                     Operations at 202–493–2251.                             We will consider all comments we
                                             Batteries and Battery Systems                                                                                 receive by the closing date for
                                                                                                        Privacy: The FAA will post all
                                             AGENCY:  Federal Aviation                               comments it receives, without change,                 comments. We may change these special
                                             Administration (FAA), DOT.                              to http://www.regulations.gov/,                       conditions based on the comments we
                                                                                                     including any personal information the                receive.
                                             ACTION: Final special conditions; request
                                             for comments.                                           commenter provides. Using the search                  Background
                                                                                                     function of the docket Web site, anyone
                                                                                                                                                              On June 18, 2014, S4A, Solutions for
                                             SUMMARY:    These special conditions are                can find and read the electronic form of
                                                                                                                                                           Aviation, S.L. applied for a
                                             issued for the Bombardier Inc. Model                    all comments received into any FAA
                                                                                                                                                           supplemental type certificate to install
                                             BD–100–1A10 airplane. This airplane,                    docket, including the name of the
                                                                                                                                                           an Aspire 200 satcom system with
                                             as modified by S4A, Solutions for                       individual sending the comment (or
                                                                                                                                                           wireless handsets in the Bombardier
                                             Aviation, S.L., will have a novel or                    signing the comment for an association,
                                                                                                                                                           Model BD–100–1A10 airplane (known
                                             unusual design feature when compared                    business, labor union, etc.). DOT’s
                                                                                                                                                           as the ‘‘Challenger 300’’). The BD–100–
                                             to the state of technology envisioned in                complete Privacy Act Statement can be
                                                                                                                                                           1A10 airplane is a corporate jet with an
                                             the airworthiness standards for                         found in the Federal Register published
                                                                                                                                                           eight-passenger and two-crew capacity.
                                             transport category airplanes. This design               on April 11, 2000 (65 FR 19477–19478),
                                                                                                                                                           It is equipped with two, rear-mounted
                                             feature is the installation of an Aspire                as well as at http://DocketsInfo.dot
                                                                                                                                                           Honeywell HTF7000 turbofan engines
                                             200 satellite communications (satcom)                   .gov/.
                                                                                                        Docket: Background documents or                    and has a maximum takeoff weight of
                                             system with wireless handsets that use
                                                                                                     comments received may be read at                      38,850 lb/17,622 kg.
                                             rechargeable lithium batteries and
                                             battery systems. Rechargeable lithium                   http://www.regulations.gov/ at any time.              Type Certification Basis
                                             batteries and battery systems have                      Follow the online instructions for                       Under the provisions of Title 14, Code
                                             certain failure, operational, and                       accessing the docket or go to the Docket              of Federal Regulations (14 CFR) 21.101,
                                             maintenance characteristics that differ                 Operations in Room W12–140 of the                     S4A, Solutions for Aviation, S.L. must
                                             significantly from those of the nickel-                 West Building Ground Floor at 1200                    show that the BD–100–1A10 airplane, as
                                             cadmium and lead-acid rechargeable                      New Jersey Avenue SE., Washington,                    changed, continues to meet the
                                             batteries currently approved for                        DC, between 9 a.m. and 5 p.m., Monday                 regulations listed in T00005NY or the
                                             installation on transport category                      through Friday, except Federal holidays.              applicable regulations in effect on the
                                             airplanes. The applicable airworthiness                 FOR FURTHER INFORMATION CONTACT:                      date of application for the change except
                                             regulations do not contain adequate or                  Nazih Khaouly, FAA, Airplane and                      for earlier amendments as agreed upon
                                             appropriate safety standards for these                  Flight Crew Interface Branch, ANM–                    by the FAA.
                                             design features. These special                          111, Transport Airplane Directorate,                     If the Administrator finds that the
                                             conditions contain the additional safety                Aircraft Certification Service, 1601 Lind             applicable airworthiness regulations
rmajette on DSK7SPTVN1PROD with RULES




                                             standards that the Administrator                        Avenue SW., Renton, Washington,                       (i.e., 14 CFR part 25) do not contain
                                             considers necessary to establish a level                98057–3356; telephone 425–227–2432;                   adequate or appropriate safety standards
                                             of safety equivalent to that established                facsimile 425–227–1149.                               for the BD–100–1A10 airplane because
                                             by the existing airworthiness standards.                SUPPLEMENTARY INFORMATION: The FAA                    of a novel or unusual design feature,
                                             DATES: This action is effective on                      has determined that notice of, and                    special conditions are prescribed under
                                             Bombardier Inc. on August 26, 2015. We                  opportunity for prior public comment                  the provisions of § 21.16.


                                        VerDate Sep<11>2014   12:34 Aug 25, 2015   Jkt 235001   PO 00000   Frm 00001   Fmt 4700   Sfmt 4700   E:\FR\FM\26AUR1.SGM   26AUR1


                                             51724            Federal Register / Vol. 80, No. 165 / Wednesday, August 26, 2015 / Rules and Regulations

                                               Special conditions are initially                      § 25.1353 governing nickel-cadmium                    3. Flammability of Cell Components
                                             applicable to the model for which they                  battery installations on large, transport                Unlike nickel-cadmium and lead-acid
                                             are issued. Should the applicant apply                  category airplanes. On December 10,                   batteries, some types of lithium batteries
                                             for a supplemental type certificate to                  2007, Amendment 25–123 moved the                      use liquid electrolytes that are
                                             modify any other model included on the                  contents of paragraph (b) in § 25.1353 to             flammable. The electrolyte can serve as
                                             same type certificate to incorporate the                the new subpart H, resulting in the                   a source of fuel for an external fire, if
                                             same novel or unusual design feature,                   relocation of the regulations governing               there is a breach of the battery
                                             these special conditions would also                     the installation of batteries in § 25.1353            container.
                                             apply to the other model under § 21.101.                from paragraph (c) to paragraph (b).                     These problems experienced by users
                                               In addition to the applicable                                                                               of lithium batteries raise concern about
                                             airworthiness regulations and special                      The use of rechargeable lithium
                                                                                                     batteries for equipment and systems                   the use of these batteries in commercial
                                             conditions, the BD–100–1A10 airplane                                                                          aviation. The intent of these special
                                             must comply with the fuel vent and                      prompted the FAA to review the
                                                                                                     adequacy of these existing regulations.               conditions is to establish appropriate
                                             exhaust emission requirements of 14                                                                           airworthiness standards for lithium
                                             CFR part 34 and the noise certification                 Our review indicated that the existing
                                                                                                     regulations do not adequately address                 battery installations in the BD–100–
                                             requirements of 14 CFR part 36.                                                                               1A10 airplane and to ensure, as required
                                               The FAA issues special conditions, as                 several failure, operational, and
                                                                                                     maintenance characteristics of                        by §§ 25.601, that these battery
                                             defined in 14 CFR 11.19, in accordance
                                                                                                     rechargeable lithium batteries that could             installations are not hazardous or
                                             with § 11.38, and they become part of
                                                                                                     affect the safety and reliability of the              unreliable.
                                             the type-certification basis under
                                             § 21.101.                                               Bombardier BD–100–1A10 lithium                        Applicability
                                                                                                     battery installations.                                   As discussed above, these special
                                             Novel or Unusual Design Features
                                                                                                        At present, there is limited experience            conditions are applicable to the Model
                                               The BD–100–1A10 airplane will
                                                                                                     with the use of lithium batteries in                  No. BD–100–1A10 airplane. Should
                                             incorporate the following novel or
                                                                                                     applications involving commercial                     S4A, Solutions for Aviation, S.L. apply
                                             unusual design feature: The installation
                                                                                                     aviation. However, other users of this                at a later date for a supplemental type
                                             of an Aspire 200 satcom system with
                                                                                                     technology, ranging from wireless                     certificate to modify any other model
                                             wireless handsets that will use
                                                                                                     telephone manufacturers to the electric               included on Type Certificate No.
                                             rechargeable lithium batteries and
                                                                                                     vehicle industry, have noted safety                   T00005NY to incorporate the same
                                             battery systems. Rechargeable lithium
                                                                                                     problems with lithium batteries. These                novel or unusual design feature, these
                                             batteries and battery systems that have
                                                                                                     problems include overcharging, over-                  special conditions would apply to that
                                             certain failure, operational, and
                                                                                                     discharging, and flammability of cell                 model as well.
                                             maintenance characteristics that differ
                                             significantly from those of the nickel-                 components.                                           Conclusion
                                             cadmium and lead-acid rechargeable                      1. Overcharging                                         This action affects only certain novel
                                             batteries currently approved for                                                                              or unusual design features on one
                                             installation on large, transport category                  In general, lithium batteries are                  airplane model. It is not a rule of general
                                             airplanes.                                              significantly more susceptible to                     applicability and affects only the
                                               The applicable airworthiness                          internal failures that can result in self-            applicant who applied to the FAA for
                                             regulations do not contain adequate or                  sustaining increases in temperature and               approval of these features on the
                                             appropriate safety standards for this                   pressure (i.e., thermal runaway) than                 airplane.
                                             design feature. These special conditions                their nickel-cadmium or lead-acid                       The substance of these special
                                             contain the additional safety standards                 counterparts. This condition is                       conditions has been subjected to the
                                             that the Administrator considers                        especially true for overcharging, which               notice and comment period in several
                                             necessary to establish a level of safety                causes heating and destabilization of the             prior instances and has been derived
                                             equivalent to that established by the                   components of the cell, leading to the                without substantive change from those
                                             existing airworthiness standards.                       formation (by plating) of highly unstable             previously issued. It is unlikely that
                                             Discussion                                              metallic lithium. The metallic lithium                prior public comment would result in a
                                                                                                     can ignite, resulting in a self-sustaining            significant change from the substance
                                                The current regulations governing
                                                                                                     fire or explosion. Finally, the severity of           contained herein. Therefore, the FAA
                                             installation of batteries in large,
                                                                                                     thermal runaway due to overcharging                   has determined that prior public notice
                                             transport category airplanes were
                                                                                                     increases with increasing battery                     and comment are unnecessary and
                                             derived from Civil Air Regulations
                                                                                                     capacity due to the higher amount of                  impracticable, and good cause exists for
                                             (CAR) part 4b.625(d) as part of the
                                                                                                     electrolyte in large batteries.                       adopting these special conditions upon
                                             recodification of CAR 4b that
                                             established part 25 in February 1965.                                                                         publication in the Federal Register. The
                                                                                                     2. Over-Discharging
                                             The recodified battery requirements,                                                                          FAA is requesting comments to allow
                                             § 25.1353(c)(1) through (c)(4), basically                  Discharge of some types of lithium                 interested persons to submit views that
                                             reworded the CAR requirements.                          battery cells beyond a certain voltage                may not have been submitted in
                                                Increased use of nickel-cadmium                      (typically 2.4 volts), can cause corrosion            response to the prior opportunities for
                                             batteries in small airplanes resulted in                of the electrodes of the cell, resulting in           comment described above.
                                             increased incidents of battery fires and                loss of battery capacity that cannot be               List of Subjects in 14 CFR Part 25
                                             failures that led to additional                         reversed by recharging. This loss of
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                                                                                                     capacity may not be detected by the                     Aircraft, Aviation safety, Reporting
                                             rulemaking affecting large, transport
                                                                                                     simple voltage measurements                           and recordkeeping requirements.
                                             category airplanes as well as small
                                             airplanes. On September 1, 1977, and                    commonly available to flightcrews as a                  The authority citation for these
                                             March 1, 1978, with Amendments 25–                      means of checking battery status—a                    special conditions is as follows:
                                             41 and 25–42 respectively, the FAA                      problem shared with nickel-cadmium                      Authority: 49 U.S.C. 106(g), 40113, 44701,
                                             added paragraphs (c)(5) and (c)(6) to                   batteries.                                            44702, 44704.



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                                                              Federal Register / Vol. 80, No. 165 / Wednesday, August 26, 2015 / Rules and Regulations                                             51725

                                             The Special Conditions                                    b. A battery failure sensing and                    effect for batteries and battery installations
                                                                                                     warning system with a means for                       on the BD–100–1A10 airplane that do not use
                                             ■  Accordingly, pursuant to the authority               automatically disconnecting the battery               lithium batteries.
                                             delegated to me by the Administrator,                   from its charging source in the event of
                                             the following special conditions are                                                                             Issued in Renton, Washington, on August
                                                                                                     battery failure.                                      7, 2015.
                                             issued as part of the type certification                  8. Any rechargeable lithium battery
                                             basis for Bombardier BD–100–1A10                                                                              Michael Kaszycki,
                                                                                                     installation, the function of which is
                                             airplane modified by S4A, Solutions for                 required for safe operation of the                    Acting Manager, Transport Airplane
                                             Aviation, S.L.                                                                                                Directorate, Aircraft Certification Service.
                                                                                                     airplane, must incorporate a monitoring
                                                In lieu of the requirements of Title 14,             and warning feature that will provide an              [FR Doc. 2015–21118 Filed 8–25–15; 8:45 am]
                                             Code of Federal Regulations (14 CFR)                    indication to the appropriate flight                  BILLING CODE 4910–13–P
                                             25.1353(c)(1) through (c)(4) at                         crewmembers whenever the state-of-
                                             Amendment 25–101 for rechargeable                       charge of the batteries has fallen below
                                             lithium batteries and battery systems, all              levels considered acceptable for                      DEPARTMENT OF COMMERCE
                                             installations must be designed and                      dispatch of the airplane.
                                             installed as follows:                                     9. The instructions for continued                   Bureau of Industry and Security
                                                1. Safe cell temperatures and                        airworthiness required by § 25.1529
                                             pressures must be maintained during                     must contain maintenance requirements                 15 CFR Parts 730, 732, 738, 743, 748,
                                             any foreseeable charging or discharging                 to assure that the battery is sufficiently            752, 762, 772, and 774
                                             condition and during any failure of the                 charged at appropriate intervals                      [Docket No. 140613501–5698–02]
                                             charging or battery monitoring system                   specified by the battery manufacturer
                                             not shown to be extremely remote. The                                                                         RIN 0694–AG13
                                                                                                     and the equipment manufacturer that
                                             rechargeable lithium battery installation               contain the rechargeable lithium battery
                                             must preclude explosion in the event of                                                                       Export Administration Regulations:
                                                                                                     or rechargeable lithium battery system.               Removal of Special Comprehensive
                                             those failures.                                         This is required to ensure that lithium
                                                2. Design of the rechargeable lithium                                                                      License Provisions
                                                                                                     rechargeable batteries and lithium
                                             batteries must preclude the occurrence                  rechargeable battery systems will not                 AGENCY:  Bureau of Industry and
                                             of self-sustaining, uncontrolled                        degrade below specified ampere-hour                   Security, Commerce.
                                             increases in temperature or pressure.                   levels sufficient to power the aircraft               ACTION: Final rule.
                                                3. No explosive or toxic gases emitted               system, for intended applications. The
                                             by any rechargeable lithium battery in                  instructions for continued airworthiness              SUMMARY:   In this final rule, the Bureau
                                             normal operation, or as the result of any               must also contain procedures for the                  of Industry and Security (BIS) amends
                                             failure of the battery charging system,                 maintenance of batteries in spares                    the Export Administration Regulations
                                             monitoring system, or battery                           storage to prevent the replacement of                 (EAR) by removing the Special
                                             installation which is not shown to be                   batteries with batteries that have                    Comprehensive License (SCL)
                                             extremely remote, may accumulate in                     experienced degraded charge retention                 authorization. Based on changes to the
                                             hazardous quantities within the                         ability or other damage due to                        EAR as part of Export Control Reform,
                                             airplane.                                               prolonged storage at a low state of                   BIS concludes that the SCL has outlived
                                                4. Installations of rechargeable                                                                           its usefulness to the exporting public
                                                                                                     charge. Replacement batteries must be
                                             lithium batteries must meet the                                                                               since recent changes to the EAR permit
                                                                                                     of the same manufacturer and part
                                             requirements of § 25.863(a) through (d).                                                                      exporters to accomplish similar results
                                                                                                     number as approved by the FAA.
                                                5. No corrosive fluids or gases that                                                                       using individual licenses and without
                                                                                                     Precautions should be included in the
                                             may escape from any rechargeable                                                                              undertaking the more onerous SCL
                                                                                                     instructions for continued airworthiness
                                             lithium battery may damage                                                                                    application. This rule also makes
                                                                                                     maintenance instructions to prevent
                                             surrounding structure or any adjacent                                                                         conforming amendments. These changes
                                                                                                     mishandling of the rechargeable lithium
                                             systems, equipment, or electrical wiring                                                                      are part of BIS’s efforts to further update
                                                                                                     battery and rechargeable lithium battery
                                             of the airplane in such a way as to cause                                                                     export controls under the EAR
                                                                                                     systems which could result in short-
                                             a major or more severe failure condition,                                                                     consistent with the Retrospective
                                                                                                     circuit or other unintentional impact
                                             in accordance with § 25.1309(b) and                                                                           Regulatory Review Initiative that directs
                                                                                                     damage caused by dropping or other
                                             applicable regulatory guidance.                                                                               BIS and other federal agencies to
                                                6. Each rechargeable lithium battery                 destructive means that could result in
                                                                                                     personal injury or property damage.                   streamline regulations and reduce
                                             installation must have provisions to                                                                          unnecessary regulatory burdens on the
                                             prevent any hazardous effect on                           Note 1: The term ‘‘sufficiently charged’’           public.
                                             structure or essential systems caused by                means that the battery will retain enough of
                                                                                                     a charge, expressed in ampere-hours, to               DATES: This is effective September 25,
                                             the maximum amount of heat the
                                             battery can generate during a short
                                                                                                     ensure that the battery cells will not be             2015.
                                                                                                     damaged. A battery cell may be damaged by
                                             circuit of the battery or of its individual                                                                   FOR FURTHER INFORMATION CONTACT:
                                                                                                     lowering the charge below a point where
                                             cells.                                                  there is a reduction in the ability to charge         Thomas Andrukonis, Director, Export
                                                7. Lithium battery installations must                and retain a full charge. This reduction              Management and Compliance Division,
                                             have a system to control the charging                   would be greater than the reduction that may          Office of Exporter Services, Bureau of
                                             rate of the battery automatically, so as                result from normal operational degradation.           Industry and Security, by telephone at
                                             to prevent battery overheating or                                                                             (202) 482–6396 or by email at
                                                                                                        Note 2: These special conditions are not           Thomas.Andrukonis@bis.doc.gov.
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                                             overcharging, and,
                                                a. A battery temperature sensing and                 intended to replace § 25.1353(c) at
                                                                                                     Amendment 25–101 in the certification basis           SUPPLEMENTARY INFORMATION:
                                             over-temperature warning system with a                  of the BD–100–1A10 airplane. These special
                                             means for automatically disconnecting                                                                         Background
                                                                                                     conditions apply only to rechargeable
                                             the battery from its charging source in                 lithium batteries and lithium battery systems           BIS issues this final rule to remove
                                             the event of an over-temperature                        and their installations. The requirements of          the Special Comprehensive License
                                             condition, or,                                          § 25.1353(c) at Amendment 25–101 remain in            (SCL) provisions from the Export


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Document Created: 2015-12-15 10:58:39
Document Modified: 2015-12-15 10:58:39
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal special conditions; request for comments.
DatesThis action is effective on Bombardier Inc. on August 26, 2015. We must receive your comments by September 25, 2015.
ContactNazih 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.
FR Citation80 FR 51723 
CFR AssociatedAircraft; Aviation Safety and Reporting and Recordkeeping Requirements

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