80_FR_52784 80 FR 52615 - Special Conditions: Bombardier Aerospace, Models BD-500-1A10 and BD-500-1A11 Series Airplanes; Installed Rechargeable Lithium Batteries and Battery Systems

80 FR 52615 - Special Conditions: Bombardier Aerospace, Models BD-500-1A10 and BD-500-1A11 Series Airplanes; Installed Rechargeable Lithium Batteries and Battery Systems

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 80, Issue 169 (September 1, 2015)

Page Range52615-52617
FR Document2015-21626

These special conditions are issued for the Bombardier Aerospace Models BD-500-1A10 and BD-500-1A11 series airplanes. These airplanes 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 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 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 169 (Tuesday, September 1, 2015)
[Federal Register Volume 80, Number 169 (Tuesday, September 1, 2015)]
[Rules and Regulations]
[Pages 52615-52617]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-21626]



[[Page 52615]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2015-3653; Special Conditions No. 25-591-SC]


Special Conditions: Bombardier Aerospace, Models BD-500-1A10 and 
BD-500-1A11 Series Airplanes; 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 
Aerospace Models BD-500-1A10 and BD-500-1A11 series airplanes. These 
airplanes 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 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 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 Aerospace on September 1, 
2015. We must receive your comments by October 1, 2015.

ADDRESSES: Send comments identified by docket number FAA-2015-3653 
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/ 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 December 10, 2009, Bombardier Aerospace applied for a type 
certificate for their new Models BD-500-1A10 and BD-500-1A11 series 
airplanes (hereafter collectively referred to as ``CSeries''). The 
CSeries airplanes are swept-wing monoplanes with an aluminum alloy 
fuselage, sized for 5-abreast seating. Passenger capacity is designated 
as 110 for the Model BD-500-1A10 and 125 for the Model BD-500-1A11. 
Maximum takeoff weight is 131,000 pounds for the Model BD-500-1A10 and 
144,000 pounds for the Model BD-500-1A11. The CSeries airplanes will 
use rechargeable lithium batteries and battery systems for equipment 
and systems.

Type Certification Basis

    Under the provisions of Title 14, Code of Federal Regulations (14 
CFR) 21.17, Bombardier Aerospace must show that the CSeries airplanes 
meet the applicable provisions of 14 CFR part 25 as amended by 
Amendments 25-1 through 25-129.
    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 CSeries airplanes because of a 
novel or unusual design feature, special conditions are prescribed 
under the provisions of Sec.  21.16.
    Special conditions are initially applicable to the model for which 
they are issued. Should the type certificate for that model be amended 
later to include any other model that incorporates the same or similar 
novel or unusual design feature, the special conditions would also 
apply to the other model.
    In addition to the applicable airworthiness regulations and special 
conditions, the CSeries 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, and the FAA must issue a 
finding of regulatory adequacy under Sec.  611 of Public Law 92-574, 
the ``Noise Control Act of 1972.''
    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.  21.17(a)(2).

Novel or Unusual Design Features

    The CSeries will incorporate the following novel or unusual design 
feature: Installed rechargeable lithium batteries and battery systems 
that have certain failure, operational, and maintenance characteristics 
that differ

[[Page 52616]]

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 re-codification of CAR 
4b that established 14 CFR 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 proposed use of rechargeable lithium batteries for equipment 
and systems prompted the FAA to review the adequacy of these existing 
regulations. Our review indicates that the existing regulations do not 
adequately address several failure, operational, and maintenance 
characteristics of lithium batteries that could affect the safety and 
reliability of the 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 
rechargeable lithium batteries. These problems include overcharging, 
over-discharging, and flammability of cell components.

1. Overcharging

    In general, lithium batteries are significantly more susceptible to 
internal failures that can result in 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 
CSeries airplanes and to ensure, as required by Sec. Sec.  25.601 and 
25. 1309, that these battery installations are not hazardous or 
unreliable.

Applicability

    As discussed above, these special conditions are applicable to the 
Models BD-500-1A10 and BD-500-1A11 series airplanes. Should Bombardier 
Aerospace apply at a later date for a change to the type certificate to 
include another model incorporating the same novel or unusual design 
feature, the special conditions would apply to that model as well.

Conclusion

    This action affects only certain novel or unusual design features 
on two model series of airplanes. It is not a rule of general 
applicability.
    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.


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

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-500-1A10 and BD-500-1A11 
series airplanes.
    In lieu of the requirements of Title 14 Code of Federal Regulations 
(14 CFR) 25.1353(b)(1) through (b)(4) at Amendment 25.129 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).

[[Page 52617]]

    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(b) at Amendment 25-129 in the certification basis of 
BD-500-1A10 and BD-500-1A11 series airplanes. These special 
conditions apply only to rechargeable lithium batteries and lithium 
battery systems and their installations. The requirements of Sec.  
25.1353(b) at Amendment 25-129 remain in effect for batteries and 
battery installations on BD-500-1A10 and BD-500-1A11 series 
airplanes that do not use lithium batteries.


Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2015-21626 Filed 8-31-15; 8:45 am]
BILLING CODE 4910-13-P



                                                                 Federal Register / Vol. 80, No. 169 / Tuesday, September 1, 2015 / Rules and Regulations                                      52615

                                                DEPARTMENT OF TRANSPORTATION                              • Fax: Fax comments to Docket                       Background
                                                                                                        Operations at 202–493–2251.                             On December 10, 2009, Bombardier
                                                Federal Aviation Administration                            Privacy: The FAA will post all                     Aerospace applied for a type certificate
                                                                                                        comments it receives, without change,                 for their new Models BD–500–1A10 and
                                                14 CFR Part 25                                          to http://www.regulations.gov/,                       BD–500–1A11 series airplanes (hereafter
                                                [Docket No. FAA–2015–3653; Special                      including any personal information the                collectively referred to as ‘‘CSeries’’).
                                                Conditions No. 25–591–SC]                               commenter provides. Using the search                  The CSeries airplanes are swept-wing
                                                                                                        function of the docket Web site, anyone               monoplanes with an aluminum alloy
                                                Special Conditions: Bombardier                          can find and read the electronic form of              fuselage, sized for 5-abreast seating.
                                                Aerospace, Models BD–500–1A10 and                       all comments received into any FAA                    Passenger capacity is designated as 110
                                                BD–500–1A11 Series Airplanes;                           docket, including the name of the                     for the Model BD–500–1A10 and 125 for
                                                Installed Rechargeable Lithium                          individual sending the comment (or                    the Model BD–500–1A11. Maximum
                                                Batteries and Battery Systems                           signing the comment for an association,               takeoff weight is 131,000 pounds for the
                                                AGENCY:  Federal Aviation                               business, labor union, etc.). DOT’s                   Model BD–500–1A10 and 144,000
                                                Administration (FAA), DOT.                              complete Privacy Act Statement can be                 pounds for the Model BD–500–1A11.
                                                ACTION: Final special conditions; request
                                                                                                        found in the Federal Register published               The CSeries airplanes will use
                                                for comments.                                           on April 11, 2000 (65 FR 19477–19478),                rechargeable lithium batteries and
                                                                                                        as well as at http://DocketsInfo.dot.                 battery systems for equipment and
                                                SUMMARY:   These special conditions are                 gov/. Docket: Background documents or                 systems.
                                                issued for the Bombardier Aerospace                     comments received may be read at
                                                Models BD–500–1A10 and BD–500–                          http://www.regulations.gov/ at any time.              Type Certification Basis
                                                1A11 series airplanes. These airplanes                  Follow the online instructions for                       Under the provisions of Title 14, Code
                                                will have a novel or unusual design                     accessing the docket or go to the Docket              of Federal Regulations (14 CFR) 21.17,
                                                feature when compared to the state of                   Operations in Room W12–140 of the                     Bombardier Aerospace must show that
                                                technology envisioned in the                            West Building Ground Floor at 1200                    the CSeries airplanes meet the
                                                airworthiness standards for transport                   New Jersey Avenue SE., Washington,                    applicable provisions of 14 CFR part 25
                                                category airplanes. This design feature                 DC, between 9 a.m. and 5 p.m., Monday                 as amended by Amendments 25–1
                                                is rechargeable lithium batteries and                   through Friday, except Federal holidays.              through 25–129.
                                                battery systems that have certain failure,              FOR FURTHER INFORMATION CONTACT:                         If the Administrator finds that the
                                                operational, and maintenance                            Nazih Khaouly, FAA, Airplane and                      applicable airworthiness regulations
                                                characteristics that differ significantly               Flight Crew Interface Branch, ANM–                    (i.e., 14 CFR part 25) do not contain
                                                from those of the nickel-cadmium and                    111, Transport Airplane Directorate,                  adequate or appropriate safety standards
                                                lead-acid rechargeable batteries                        Aircraft Certification Service, 1601 Lind             for the CSeries airplanes because of a
                                                currently approved for installation on                  Avenue SW., Renton, Washington                        novel or unusual design feature, special
                                                large transport category airplanes. The                 98057–3356; telephone 425–227–2432;                   conditions are prescribed under the
                                                applicable airworthiness regulations do                 facsimile 425–227–1149.                               provisions of § 21.16.
                                                not contain adequate or appropriate                                                                              Special conditions are initially
                                                safety standards for these design                       SUPPLEMENTARY INFORMATION:
                                                                                                                                                              applicable to the model for which they
                                                features. These special conditions                        The FAA has determined that notice                  are issued. Should the type certificate
                                                contain the additional safety standards                 of, and opportunity for prior public                  for that model be amended later to
                                                that the Administrator considers                        comment on, these special conditions is               include any other model that
                                                necessary to establish a level of safety                impracticable because these procedures                incorporates the same or similar novel
                                                equivalent to that established by the                   would significantly delay issuance of                 or unusual design feature, the special
                                                existing airworthiness standards.                       the design approval and thus delivery of              conditions would also apply to the other
                                                DATES: This action is effective on                      the affected airplanes. In addition, the              model.
                                                Bombardier Aerospace on September 1,                    substance of these special conditions                    In addition to the applicable
                                                2015. We must receive your comments                     has been subject to the public comment                airworthiness regulations and special
                                                by October 1, 2015.                                     process in several prior instances with               conditions, the CSeries airplanes must
                                                ADDRESSES: Send comments identified
                                                                                                        no substantive comments received. The                 comply with the fuel vent and exhaust
                                                by docket number FAA–2015–3653                          FAA therefore finds that good cause                   emission requirements of 14 CFR part
                                                using any of the following methods:                     exists for making these special                       34 and the noise certification
                                                   • Federal eRegulations Portal: Go to                 conditions effective upon publication in              requirements of 14 CFR part 36, and the
                                                http://www.regulations.gov/ and follow                  the Federal Register.                                 FAA must issue a finding of regulatory
                                                the online instructions for sending your                Comments Invited                                      adequacy under § 611 of Public Law 92–
                                                comments electronically.                                                                                      574, the ‘‘Noise Control Act of 1972.’’
                                                   • Mail: Send comments to Docket                        We invite interested people to take                    The FAA issues special conditions, as
                                                Operations, M–30, U.S. Department of                    part in this rulemaking by sending                    defined in 14 CFR 11.19, in accordance
                                                Transportation (DOT), 1200 New Jersey                   written comments, data, or views. The                 with § 11.38, and they become part of
                                                Avenue SE., Room W12–140, West                          most helpful comments reference a                     the type-certification basis under
                                                Building Ground Floor, Washington, DC                   specific portion of the special                       § 21.17(a)(2).
                                                20590–0001.                                             conditions, explain the reason for any
mstockstill on DSK4VPTVN1PROD with RULES




                                                   • Hand Delivery or Courier: Take                     recommended change, and include                       Novel or Unusual Design Features
                                                comments to Docket Operations in                        supporting data.                                        The CSeries will incorporate the
                                                Room W12–140 of the West Building                         We will consider all comments we                    following novel or unusual design
                                                Ground Floor at 1200 New Jersey                         receive by the closing date for                       feature: Installed rechargeable lithium
                                                Avenue SE., Washington, DC between 9                    comments. We may change these special                 batteries and battery systems that have
                                                a.m. and 5 p.m., Monday through                         conditions based on the comments we                   certain failure, operational, and
                                                Friday, except Federal holidays.                        receive.                                              maintenance characteristics that differ


                                           VerDate Sep<11>2014   19:50 Aug 31, 2015   Jkt 235001   PO 00000   Frm 00011   Fmt 4700   Sfmt 4700   E:\FR\FM\01SER1.SGM   01SER1


                                                52616            Federal Register / Vol. 80, No. 169 / Tuesday, September 1, 2015 / Rules and Regulations

                                                significantly from those of the nickel-                 1. Overcharging                                       model series of airplanes. It is not a rule
                                                cadmium and lead-acid rechargeable                         In general, lithium batteries are                  of general applicability.
                                                batteries currently approved for                        significantly more susceptible to                       The substance of these special
                                                installation on large transport-category                internal failures that can result in self-            conditions has been subjected to the
                                                airplanes.                                              sustaining increases in temperature and               notice and comment period in several
                                                  The applicable airworthiness                          pressure (i.e., thermal runaway) than                 prior instances and has been derived
                                                regulations do not contain adequate or                  their nickel-cadmium or lead-acid                     without substantive change from those
                                                appropriate safety standards for this                   counterparts. This condition is                       previously issued. It is unlikely that
                                                design feature. These special conditions                especially true for overcharging, which               prior public comment would result in a
                                                contain the additional safety standards                 causes heating and destabilization of the             significant change from the substance
                                                that the Administrator considers                        components of the cell, leading to the                contained herein. Therefore, the FAA
                                                necessary to establish a level of safety                formation (by plating) of highly unstable             has determined that prior public notice
                                                                                                        metallic lithium. The metallic lithium                and comment are unnecessary and
                                                equivalent to that established by the
                                                                                                        can ignite, resulting in a self-sustaining            impracticable, and good cause exists for
                                                existing airworthiness standards.
                                                                                                        fire or explosion. Finally, the severity of           adopting these special conditions upon
                                                Discussion                                              thermal runaway due to overcharging                   publication in the Federal Register. The
                                                                                                        increases with increasing battery                     FAA is requesting comments to allow
                                                   The current regulations governing                                                                          interested persons to submit views that
                                                installation of batteries in large                      capacity due to the higher amount of
                                                                                                        electrolyte in large batteries.                       may not have been submitted in
                                                transport category airplanes were                                                                             response to the prior opportunities for
                                                derived from Civil Air Regulations                      2. Over-Discharging                                   comment described above.
                                                (CAR) part 4b.625(d) as part of the re-
                                                                                                           Discharge of some types of lithium                 List of Subjects in 14 CFR Part 25
                                                codification of CAR 4b that established
                                                                                                        battery cells beyond a certain voltage
                                                14 CFR part 25 in February 1965. The                                                                            Aircraft, Aviation safety, Reporting
                                                                                                        (typically 2.4 volts), can cause corrosion
                                                recodified battery requirements,                                                                              and recordkeeping requirements.
                                                                                                        of the electrodes of the cell, resulting in
                                                § 25.1353(c)(1) through (c)(4), basically                                                                     ■ The authority citation for these
                                                                                                        loss of battery capacity that cannot be
                                                reworded the CAR requirements.                                                                                special conditions is as follows:
                                                                                                        reversed by recharging. This loss of
                                                   Increased use of nickel-cadmium                      capacity may not be detected by the                     Authority: 49 U.S.C. 106(g), 40113, 44701,
                                                batteries in small airplanes resulted in                simple voltage measurements                           44702, 44704.
                                                increased incidents of battery fires and                commonly available to flightcrews as a
                                                failures that led to additional                         means of checking battery status—a                    The Special Conditions
                                                rulemaking affecting large, transport                   problem shared with nickel-cadmium                    ■ Accordingly, pursuant to the authority
                                                category airplanes as well as small                     batteries.                                            delegated to me by the Administrator,
                                                airplanes. On September 1, 1977, and                                                                          the following special conditions are
                                                March 1, 1978, with Amendments 25–                      3. Flammability of Cell Components                    issued as part of the type certification
                                                41 and 25–42 respectively, the FAA                         Unlike nickel-cadmium and lead-acid                basis for Bombardier BD–500–1A10 and
                                                added paragraphs (c)(5) and (c)(6) to                   batteries, some types of lithium batteries            BD–500–1A11 series airplanes.
                                                § 25.1353 governing nickel-cadmium                      use liquid electrolytes that are                         In lieu of the requirements of Title 14
                                                battery installations on large, transport-              flammable. The electrolyte can serve as               Code of Federal Regulations (14 CFR)
                                                category airplanes. On December 10,                     a source of fuel for an external fire, if             25.1353(b)(1) through (b)(4) at
                                                2007, Amendment 25–123 moved the                        there is a breach of the battery                      Amendment 25.129 for rechargeable
                                                contents of paragraph (b) in § 25.1353 to               container.                                            lithium batteries and battery systems, all
                                                the new subpart H, resulting in the                        These problems experienced by users                installations must be designed and
                                                relocation of the regulations governing                 of lithium batteries raise concern about              installed as follows:
                                                the installation of batteries in § 25.1353              the use of these batteries in commercial                 1. Safe cell temperatures and
                                                from paragraph (c) to paragraph (b).                    aviation. The intent of these special                 pressures must be maintained during
                                                   The proposed use of rechargeable                     conditions is to establish appropriate                any foreseeable charging or discharging
                                                lithium batteries for equipment and                     airworthiness standards for lithium                   condition and during any failure of the
                                                                                                        battery installations in the CSeries                  charging or battery monitoring system
                                                systems prompted the FAA to review
                                                                                                        airplanes and to ensure, as required by               not shown to be extremely remote. The
                                                the adequacy of these existing
                                                                                                        §§ 25.601 and 25. 1309, that these                    rechargeable lithium battery installation
                                                regulations. Our review indicates that
                                                                                                        battery installations are not hazardous               must preclude explosion in the event of
                                                the existing regulations do not
                                                                                                        or unreliable.                                        those failures.
                                                adequately address several failure,                                                                              2. Design of the rechargeable lithium
                                                operational, and maintenance                            Applicability                                         batteries must preclude the occurrence
                                                characteristics of lithium batteries that                                                                     of self-sustaining, uncontrolled
                                                                                                          As discussed above, these special
                                                could affect the safety and reliability of                                                                    increases in temperature or pressure.
                                                                                                        conditions are applicable to the Models
                                                the lithium battery installations.                                                                               3. No explosive or toxic gases emitted
                                                                                                        BD–500–1A10 and BD–500–1A11 series
                                                   At present, there is limited experience              airplanes. Should Bombardier                          by any rechargeable lithium battery in
                                                with the use of lithium batteries in                    Aerospace apply at a later date for a                 normal operation, or as the result of any
                                                applications involving commercial                       change to the type certificate to include             failure of the battery charging system,
                                                aviation. However, other users of this                  another model incorporating the same                  monitoring system, or battery
mstockstill on DSK4VPTVN1PROD with RULES




                                                technology, ranging from wireless                       novel or unusual design feature, the                  installation which is not shown to be
                                                telephone manufacturers to the electric                 special conditions would apply to that                extremely remote, may accumulate in
                                                vehicle industry, have noted safety                     model as well.                                        hazardous quantities within the
                                                problems with rechargeable lithium                                                                            airplane.
                                                batteries. These problems include                       Conclusion                                               4. Installations of rechargeable
                                                overcharging, over-discharging, and                       This action affects only certain novel              lithium batteries must meet the
                                                flammability of cell components.                        or unusual design features on two                     requirements of § 25.863(a) through (d).


                                           VerDate Sep<11>2014   19:50 Aug 31, 2015   Jkt 235001   PO 00000   Frm 00012   Fmt 4700   Sfmt 4700   E:\FR\FM\01SER1.SGM   01SER1


                                                                 Federal Register / Vol. 80, No. 169 / Tuesday, September 1, 2015 / Rules and Regulations                                       52617

                                                   5. No corrosive fluids or gases that                 Precautions should be included in the                 petitions filed with the Commission
                                                may escape from any rechargeable                        instructions for continued airworthiness              after October 1, 2015.
                                                lithium battery may damage                              maintenance instructions to prevent                   FOR FURTHER INFORMATION CONTACT: Lisa
                                                surrounding structure or any adjacent                   mishandling of the rechargeable lithium               R. Barton, Secretary, telephone (202)
                                                systems, equipment, or electrical wiring                battery and rechargeable lithium battery              205–2000, or Michael Haldenstein,
                                                of the airplane in such a way as to cause               systems which could result in short-                  Attorney-Advisor, Office of the General
                                                a major or more severe failure condition,               circuit or other unintentional impact                 Counsel, telephone (202) 205–3041,
                                                in accordance with § 25.1309 (b) and                    damage caused by dropping or other                    United States International Trade
                                                applicable regulatory guidance.                         destructive means that could result in                Commission. Hearing-impaired
                                                   6. Each rechargeable lithium battery                 personal injury or property damage.                   individuals are advised that information
                                                installation must have provisions to                                                                          on this matter can be obtained by
                                                                                                          Note 1: The term ‘‘sufficiently charged’’
                                                prevent any hazardous effect on                         means that the battery will retain enough of          contacting the Commission’s TDD
                                                structure or essential systems caused by                a charge, expressed in ampere-hours, to               terminal at (202) 205–1810. General
                                                the maximum amount of heat the                          ensure that the battery cells will not be             information concerning the Commission
                                                battery can generate during a short                     damaged. A battery cell may be damaged by             may also be obtained by accessing its
                                                circuit of the battery or of its individual             lowering the charge below a point where
                                                                                                        there is a reduction in the ability to charge         Internet server at http://www.usitc.gov.
                                                cells.
                                                   7. Lithium battery installations must                and retain a full charge. This reduction              SUPPLEMENTARY INFORMATION:
                                                have a system to control the charging                   would be greater than the reduction that may
                                                                                                        result from normal operational degradation.           Background
                                                rate of the battery automatically, so as
                                                to prevent battery overheating or                                                                                Section 335 of the Tariff Act of 1930
                                                                                                           Note 2: These special conditions are not           (19 U.S.C. 1335) authorizes the
                                                overcharging, and,                                      intended to replace § 25.1353(b) at
                                                   a. A battery temperature sensing and                 Amendment 25–129 in the certification basis
                                                                                                                                                              Commission to adopt reasonable
                                                over-temperature warning system with a                  of BD–500–1A10 and BD–500–1A11 series                 procedures, rules, and regulations that it
                                                means for automatically disconnecting                   airplanes. These special conditions apply             deems necessary to carry out its
                                                the battery from its charging source in                 only to rechargeable lithium batteries and            functions and duties. The Commission
                                                the event of an over-temperature                        lithium battery systems and their                     has determined to amend Part 207 of its
                                                                                                        installations. The requirements of                    rules covering investigations conducted
                                                condition, or,                                          § 25.1353(b) at Amendment 25–129 remain in
                                                   b. A battery failure sensing and                                                                           under title VII of the Tariff Act of 1930,
                                                                                                        effect for batteries and battery installations        as amended (‘‘title VII proceedings’’).
                                                warning system with a means for                         on BD–500–1A10 and BD–500–1A11 series
                                                automatically disconnecting the battery                 airplanes that do not use lithium batteries.          The amendment is to Commission Rule
                                                from its charging source in the event of                                                                      207.11 (19 CFR 207.11), which governs
                                                battery failure.                                        Michael Kaszycki,                                     the information required in
                                                   8. Any rechargeable lithium battery                  Acting Manager, Transport Airplane                    antidumping and countervailing duty
                                                installation, the function of which is                  Directorate, Aircraft Certification Service.          petitions filed with the Commission (as
                                                required for safe operation of the                      [FR Doc. 2015–21626 Filed 8–31–15; 8:45 am]
                                                                                                                                                              well as the Department of Commerce).
                                                airplane, must incorporate a monitoring                                                                       The change to the rule is aimed at
                                                                                                        BILLING CODE 4910–13–P
                                                and warning feature that will provide an                                                                      decreasing the burden on petitioning
                                                indication to the appropriate flight                                                                          parties to provide detailed information
                                                crewmembers whenever the state-of-                                                                            concerning lost sales and lost revenue
                                                                                                        INTERNATIONAL TRADE
                                                charge of the batteries has fallen below                                                                      allegations in petitions filed with the
                                                                                                        COMMISSION
                                                levels considered acceptable for                                                                              Commission.
                                                dispatch of the airplane.                               19 CFR Part 207                                          The Commission recently amended its
                                                   9. The instructions for continued                                                                          Rules of Practice and Procedure,
                                                airworthiness required by § 25.1529                     [Docket No. MISC–013]                                 including Commission Rule 207.11.
                                                must contain maintenance requirements                                                                         Prior to promulgating final rules, it
                                                to assure that the battery is sufficiently              Investigations of Whether Injury to                   published a notice of proposed
                                                charged at appropriate intervals                        Domestic Industries Results From                      rulemaking (NOPR) in the Federal
                                                specified by the battery manufacturer                   Imports Sold at Less Than Fair Value                  Register. 78 FR 36446–449 (June 18,
                                                and the equipment manufacturer that                     or From Subsidized Exports to the                     2013). Among the provisions it
                                                contain the rechargeable lithium battery                United States                                         proposed to amend was the provision in
                                                or rechargeable lithium battery system.                 AGENCY:  International Trade                          19 CFR 207.11(b)(2)(v) concerning
                                                This is required to ensure that lithium                 Commission.                                           submission of lost sales and lost
                                                rechargeable batteries and lithium                      ACTION: Final rule.                                   revenue allegations. Three law firms
                                                rechargeable battery systems will not                                                                         which regularly appear before the
                                                degrade below specified ampere-hour                     SUMMARY:   The United States                          Commission in Title VII proceedings
                                                levels sufficient to power the aircraft                 International Trade Commission                        filed comments on the NOPR. On June
                                                system, for intended applications. The                  (‘‘Commission’’) is amending a                        25, 2014, the Commission published
                                                instructions for continued airworthiness                provision of its Rules of Practice and                revisions to its rules, including 19 CFR
                                                must also contain procedures for the                    Procedure concerning the conduct of                   207.11(b)(2)(v), that largely adopted the
                                                maintenance of batteries in spares                      antidumping and countervailing duty                   changes proposed in the NOPR. 79 FR
                                                storage to prevent the replacement of                   investigations and reviews. The                       35920 (June 25, 2014).
mstockstill on DSK4VPTVN1PROD with RULES




                                                batteries with batteries that have                      amendment is designed to facilitate the                  In this notice, the Commission is
                                                experienced degraded charge retention                   collection of information and reduce the              adopting new rules regarding collection
                                                ability or other damage due to                          burden on petitioning parties by                      of information on lost sales and lost
                                                prolonged storage at a low state of                     changing the information they need to                 revenue allegations. The Commission
                                                charge. Replacement batteries must be                   provide in petitions.                                 considers this rule to be procedural and
                                                of the same manufacturer and part                       DATES: This regulation is effective                   therefore excepted from notice-and-
                                                number as approved by the FAA.                          October 1, 2015, and is applicable to all             comment requirements under 5 U.S.C.


                                           VerDate Sep<11>2014   19:50 Aug 31, 2015   Jkt 235001   PO 00000   Frm 00013   Fmt 4700   Sfmt 4700   E:\FR\FM\01SER1.SGM   01SER1



Document Created: 2018-02-26 10:04:38
Document Modified: 2018-02-26 10:04:38
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 Aerospace on September 1, 2015. We must receive your comments by October 1, 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 52615 
CFR AssociatedAircraft; Aviation Safety and Reporting and Recordkeeping Requirements

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR