81 FR 23573 - Special Conditions: Gulfstream Aerospace Corporation, Gulfstream GVI Airplane; Non-Rechargeable Lithium Battery Installations
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 81, Issue 78 (April 22, 2016)
Federal Aviation Administration
Federal Register Volume 81, Issue 78 (April 22, 2016)
| Page Range | 23573-23578 | |
| FR Document | 2016-09311 |
[Federal Register Volume 81, Number 78 (Friday, April 22, 2016)] [Rules and Regulations] [Pages 23573-23578] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-09311] [[Page 23573]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 25 [Docket No. FAA-2015-4279; Special Conditions No. 25-612-SC] Special Conditions: Gulfstream Aerospace Corporation, Gulfstream GVI Airplane; Non-Rechargeable Lithium Battery Installations AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final special conditions. ----------------------------------------------------------------------- SUMMARY: These special conditions are issued for the Gulfstream Aerospace Corporation (Gulfstream) GVI airplane. This airplane 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 non-rechargeable lithium batteries. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards. DATES: Effective April 22, 2017. FOR FURTHER INFORMATION CONTACT: Nazih Khaouly, 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 Future Requests for Installation of Non-Rechargeable Lithium Batteries The FAA anticipates that non-rechargeable lithium batteries will be installed in other makes and models of airplanes. We have determined to require special conditions for all applications requesting non- rechargeable lithium battery installations, except the installations excluded in the Applicability section, until the airworthiness requirements can be revised to address this issue. Applying special conditions to these installations across the range of all transport- airplane makes and models will ensure regulatory consistency among applicants. These are the first special conditions the FAA has issued for non- rechargeable lithium battery installations on any airplane. The FAA has determined that these special conditions become effective 1 year after their publication in the Federal Register for reasons explained below in response to a public comment. The FAA intends for future special conditions for other makes and models to be effective on this same date or 30 days after their publication, whichever is later. Background Gulfstream applied for several changes to type certificate no. T00015AT to install non-rechargeable lithium batteries in the Model GVI airplane. The Gulfstream Model GVI airplane is a twin-engine, transport-category airplane with a maximum passenger capacity of 19 and maximum takeoff weight of 99,600 pounds. Type Certification Basis Under the provisions of Title 14, Code of Federal Regulations (14 CFR) 21.101, Gulfstream must show that the design change and areas affected by the change continue to meet the applicable provisions of the regulations listed in type certificate no. T00015AT, or the applicable regulations in effect on the date of application for the change, except for earlier amendments as agreed upon by the FAA. The regulations listed in the type certificate are commonly referred to as the ``original type certification basis.'' The regulations listed in type certificate no. T00015AT are 14 CFR part 25 effective February 1, 1965, including Amendments 25-1 through 25-120, 25-122, 25-124, and 25- 132. The certification basis also includes certain special conditions, exemptions, and equivalent-safety findings that are not relevant to these special conditions. In addition to the applicable airworthiness regulations and special conditions, the Gulfstream Model GVI 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. 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 Gulfstream Model GVI airplane 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 Gulfstream Model GVI airplane 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 novel or unusual design feature, or should any other model already included on the same type certificate be modified to incorporate the same novel or unusual design feature, these special conditions would also apply to the other model under Sec. 21.101. 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 Gulfstream Model GVI airplane will incorporate non-rechargeable lithium batteries. A battery system consists of the battery and any protective, monitoring, and alerting circuitry or hardware inside or outside of the battery, and venting capability where necessary. For the purpose of these special conditions, we refer to a battery and battery system as a battery. Discussion The FAA derived the current regulations governing installation of batteries in transport-category airplanes from Civil Air Regulations (CAR) 4b.625(d) as part of the re-codification of CAR 4b that established 14 CFR part 25 in February 1965. This re-codification basically reworded the CAR 4b battery requirements, which are currently in Sec. 25.1353(b)(1) through (b)(4). Non-rechargeable lithium batteries are novel and unusual with respect to the state of technology considered when these requirements were codified. These batteries introduce higher energy levels into airplane systems through new chemical compositions in various battery-cell sizes and construction. Interconnection of these cells in battery packs introduces failure modes that require unique design considerations, such as provisions for thermal management. Recent events involving rechargeable and non-rechargeable lithium batteries prompted the FAA to initiate a broad evaluation of these energy-storage technologies. In January 2013, two independent events involving rechargeable lithium-ion batteries revealed unanticipated failure modes. A National Transportation Safety Board (NTSB) letter to the FAA, dated May 22, 2014, which is available at http://www.ntsb.gov, filename A-14-032-036.pdf, describes these events. On July 12, 2013, an event involving a non-rechargeable lithium battery, in an emergency-locator-transmitter installation, demonstrated unanticipated failure modes. The United Kingdom's Air Accidents [[Page 23574]] Investigation Branch Bulletin S5/2013 describes this event. Some known uses of rechargeable and non-rechargeable lithium batteries on airplanes include:Flight deck and avionics systems such as displays, global- positioning systems, cockpit voice recorders, flight-data recorders, underwater locator beacons, navigation computers, integrated avionics computers, satellite network and communication systems, communication- management units, and remote-monitor electronic line-replaceable units; Cabin safety, entertainment, and communications equipment, including emergency-locator transmitters, life rafts, escape slides, seatbelt air bags, cabin-management systems, Ethernet switches, routers and media servers, wireless systems, internet and in-flight entertainment systems, satellite televisions, remotes, and handsets; Systems in cargo areas including door controls, sensors, video-surveillance equipment, and security systems. Some known potential hazards and failure modes associated with non- rechargeable lithium batteries are: Internal failures: In general, these 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. The metallic lithium can ignite, resulting in a self-sustaining fire or explosion. Fast or imbalanced discharging: Fast discharging or an imbalanced discharge of one cell of a multi-cell battery may create an overheating condition that results in an uncontrollable venting condition, which in turn leads to a thermal event or an explosion. Flammability: Unlike nickel-cadmium and lead-acid batteries, lithium batteries use higher energy and current in an electrochemical system that can be configured to maximize energy storage of lithium. They also use liquid electrolytes that can be extremely flammable. The electrolyte, as well as the electrodes, can serve as a source of fuel for an external fire if the battery casing is breached. Special condition no. 1 requires that each individual cell within a non-rechargeable lithium battery be designed to maintain safe temperatures and pressures. Special condition no. 2 addresses these same issues but for the entire battery. Special condition no. 2 requires the battery be designed to prevent propagation of a thermal event, such as self-sustained, uncontrolled increases in temperature or pressure from one cell to adjacent cells. Special condition nos. 1 and 2 are intended to ensure that the non- rechargeable lithium battery and its cells are designed to eliminate the potential for uncontrollable failures. However, a certain number of failures will occur due to various factors beyond the control of the battery designer. Therefore, other special conditions are intended to protect the airplane and its occupants if failure occurs. Special condition nos. 3, 7, and 8 are self-explanatory; the FAA does not provide further explanation for them at this time. The FAA requires special condition no. 4 to make it clear that the flammable-fluid fire-protection requirements of Sec. 25.863 apply to non-rechargeable lithium battery installations. Section 25.863 is applicable to areas of the airplane that could be exposed to flammable- fluid leakage from airplane systems. Non-rechargeable lithium batteries contain an electrolyte that is a flammable fluid. Special condition no. 5 requires each non-rechargeable lithium battery installation to not damage surrounding structure or adjacent systems, equipment, or electrical wiring from corrosive fluids or gases that may escape. Special condition no. 5 addresses corrosive fluids and gases, whereas special condition no. 6 addresses heat. Special condition no. 6 requires each non-rechargeable lithium battery installation to have provisions to prevent any hazardous effect on airplane structure or systems caused by the maximum amount of heat the battery installation can generate due to any failure of it or its individual cells. The means of meeting these special conditions may be the same, but they are independent requirements addressing different hazards. These special conditions apply to all non-rechargeable lithium battery installations in lieu of Sec. 25.1353(b)(1) through (b)(4) at Amendment 25-113. Sections 25.1353(b)(1) through (b)(4) at Amendment 25-113 remain in effect for other battery installations. 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 of Comments Notice of proposed special conditions no. 25-15-09-SC, for the Gulfstream GVI airplane, was published in the Federal Register on November 20, 2015 (80 FR 72618). Five commenters provided comments. The Aerospace Industries Association (AIA) recommended revising proposed special condition no. 1 to read (see italics), ``. . . each non-rechargeable lithium battery installation must maintain safe cell temperatures and pressure under all foreseeable operating conditions to prevent fire and explosion by validating that the performance of non- rechargeable lithium cells selected for use are acceptable with regards to the operating environment.'' AIA stated that this revision helps clarify the term ``foreseeable operating conditions'' as ``airplane operating and environmental conditions over which proper functioning of the equipment, systems, and installations is required to be considered includes the full normal operating envelope of the airplane as defined by the Airplane Flight Manual together with any modification to that envelope associated with abnormal or emergency procedures.'' AIA referenced FAA Advisory Circular (AC) 25.1309-1A and AC 25-11A to support this definition. The FAA does not agree with the proposal. The FAA intends for the term ``foreseeable operating conditions'' in these special conditions to not only apply at the airplane level but also at the battery-cell level. Therefore, we have not incorporated this proposed revision into the special condition. AIA recommended revising proposed special condition no. 2 to read, ``. . . each non-rechargeable lithium battery installation must prevent the occurrence of self-sustaining, uncontrolled increases in temperature or pressure which would preclude continued safe flight and landing.'' AIA states that this change allows the use of airplane-level mitigation or design change to appropriately address the hazard. The FAA does not agree with the proposal. The FAA has determined that these special conditions are intended to require the battery, which includes its installation provisions, to be designed to prevent uncontrollable failure, and to not rely only on mitigation of a battery failure at the airplane level. Therefore, we have not revised proposed special condition no. 2. AIA recommended revising proposed special condition no. 3 to read, ``. . . each non-rechargeable lithium battery installation must not emit explosive or toxic gases in normal operation, or as a result of any failure which is not shown to be extremely remote . . .'' The FAA does not agree with the proposal to exclude extremely remote failures. To ensure that all failures that are not extremely improbable are properly anticipated and accounted for, we have [[Page 23575]] not revised proposed special condition no. 3 to include the proposed words. Note that service history currently shows that battery failure is more frequent than extremely remote. AIA recommended deleting proposed special condition no. 4. AIA stated that it does not introduce a new airworthiness requirement and that it seems more appropriate to clarify applicability of an existing airworthiness requirement via policy. The FAA does not agree with the proposal. Section 25.863 historically has been applied to flammable fluids related to propulsion and hydraulic systems. The FAA has not issued guidance material at this time that would ensure a proper understanding that this section also applies to non-rechargeable lithium battery installations, which contain flammable fluid. We have determined to not delete proposed special condition no. 4. AIA recommended revising proposed special condition no. 5 to read, ``. . . each non-rechargeable lithium battery installation must not allow escape of corrosive fluids or gases that may damage surrounding structure or any adjacent systems, equipment, or electrical wiring of the aircraft in such a way as to cause a hazardous or catastrophic failure condition.'' The FAA agrees with the comment in that the special condition requires clarification. The FAA intends for special condition no. 5 to be consistent with Sec. 25.1309. So, we added the words ``. . . in such a way as to cause a major or more-severe failure condition.'' The revised special condition now reads, ``. . . each non- rechargeable lithium battery installation must not damage surrounding structure or adjacent systems, equipment, or electrical wiring from corrosive fluids or gases that may escape in such a way as to cause a major or more-severe failure condition.'' The FAA does not concur with excluding major failure conditions, nor limiting the types of failure conditions as proposed. AIA recommended revising proposed special condition no. 6 to read, ``. . . each non-rechargeable lithium battery installation must have provisions to prevent any hazardous effect on airplane structure or systems caused by the maximum amount of heat it can generate due to any failure of a single cell within a battery pack, which precludes continued safe flight and landing.'' AIA stated that they believe the intent of this special condition is to show that the battery design can tolerate a failure of a single cell. The FAA does not concur with AIA's recommendation. We intend for special condition no. 6 to require consideration of the maximum heat the battery can generate if it fails (that is, not just the heat from one cell for multi-cell batteries), including the heat generated from thermal runaway propagating from one cell to the other cells. AIA's proposed wording could be interpreted as only requiring consideration of the heat generated from a single cell. AIA also stated that design mitigation or analysis at the airplane level may be applied to show the design to be compliant. This comment addresses how to show compliance with the special condition and would not change the special condition. This comment can be addressed during the type certification projects. AIA recommended deleting proposed special condition no. 7, which reads, ``. . . each non-rechargeable lithium battery installation must be capable of automatically controlling the discharge rate of each cell to prevent cell imbalance, back-charging, overheating, and uncontrollable temperature and pressure.'' AIA stated that the hazard intended to be addressed by this special condition would be prevented by meeting special condition nos. 1, 2, 4 and 5. The intent of proposed special condition no. 7 was to also address charge imbalance because an in-service event demonstrated that a charge imbalance is one of many failure modes that can lead to a thermal runaway condition. However, the FAA agrees with deleting proposed special condition no. 7 because compliance with special condition nos. 1 and 2 accomplish the safety objectives of proposed special condition no. 7. AIA recommended deleting proposed special condition no. 8, which reads, ``. . . each non-rechargeable lithium battery installation must have a means to automatically disconnect from its discharging circuit in the event of an over-temperature condition, cell failure, or battery failure.'' The FAA agrees with deleting this proposed special condition because doing so does not relieve applicants from the need to comply with Sec. 25.1309. In addition to Sec. 25.1309, all applicable system-level requirements may require the connected system to automatically disconnect from the battery discharging circuit in the event of an over-temperature condition, cell failure, or battery failure. AIA recommended revising proposed special condition no. 9 (which is now special condition no. 7 in these special conditions) to read, ``. . . each non-rechargeable lithium battery installation must have a failure sensing and warning system to alert the flightcrew if its failure affects precludes continued safe flight and landing of the airplane.'' AIA stated that this proposed special condition repeats the criteria defined in Sec. 25.1309, and therefore is a duplication of current Federal aviation requirements. Proposed special condition no. 9 has the same purpose as that of Sec. 25.1309(c), which is to require flightcrew alerting if failure of a battery installation, in itself or in relation to a system that performs an airplane-level function, could result in ``unsafe system operating conditions'' as stated in Sec. 25.1309(c). The FAA's intent for this special condition is to emphasize this requirement specifically for non-rechargeable lithium battery installations. We do not concur with AIA's recommendation because the revised wording does not fully address the ``unsafe system operating conditions'' as required in Sec. 25.1309(c). AIA recommended revising proposed special condition no. 10 (which is now special condition no. 8 in these special conditions) to read, ``. . . each non-rechargeable lithium battery installation must have a means for the flightcrew or maintenance personnel to determine the battery charge state if the battery's function is required for continued safe flight and landing of the airplane.'' AIA stated that this proposed special condition repeats the criteria defined in Sec. 25.1309, and therefore is a duplication of current Federal aviation requirements. For similar reasons given in our response to the AIA comment on proposed special condition no. 9, we do not concur with AIA's recommendation. The FAA's intent for this special condition is to emphasize this requirement specifically for non-rechargeable lithium battery installations. We do not concur with AIA's recommendation because the revised wording does not fully address the ``unsafe system operating conditions'' as required in Sec. 25.1309(c). The Boeing Company commented that they concur with AIA's comments. The Boeing Company also requested that the FAA provide adequate time before non-rechargeable lithium battery special conditions become effective, to support validation activities by foreign civil airworthiness authorities (FCAA) and to not adversely impact future airplane deliveries by all applicants. The Boeing Company stated that they have been ``informed by FCAAs that validation activities for FAA type certificate data sheet certification basis changes can take up to 12 months after receipt of application.'' The FAA agrees that adequate time is necessary to allow Gulfstream, and other applicants for which similar special conditions will be issued, to coordinate with FCAAs, and to conduct other activities associated [[Page 23576]] with implementing these special conditions, which have not been required for previous approvals. These are the first special conditions the FAA has issued for a non-rechargeable lithium battery installation on any airplane. Likewise, we have determined that an effective date of one year after special conditions publication is appropriate. The FAA also has been coordinating with other applicants to develop proposed special conditions for their projects involving non-rechargeable lithium batteries. The FAA intends for future special conditions, for other airplane makes and models, to be effective on this same date or 30 days after their publication, whichever is later. The Boeing Company commented that ``. . . these special conditions should clearly indicate the scope of changes for which the certification basis is deemed inadequate and requires application of the special conditions.'' The Boeing Company made this comment in regards to the applicability of these special conditions to batteries that have less than 2 watt-hours of energy and meet Underwriters Laboratories (UL) 1642 or UL 2054. The FAA has determined that the use of UL 1642 and UL 2054 should be addressed as a method-of-compliance issue rather than exclusion criteria for certain battery sizes. These special conditions are to apply to all non-rechargeable lithium batteries regardless of their size. These special conditions require this where it states ``. . . each non-rechargeable lithium battery installation must . . .'' Airbus commented that they assume that the FAA considers the standards in Radio Technical Commission for Aeronautics (RTCA) DO-227, Minimum Operational Performance Standard for Lithium Batteries, to be an acceptable means of compliance with the special conditions that address battery-qualification aspects. Airbus also commented that they assume that compliance with the other special conditions is demonstrated through analysis of battery integration in the airplane physical and functional environment. These comments address how to show compliance with the special conditions and would not change the special conditions. These comments can be addressed during the type certification projects. Airbus commented that batteries that are Category I, as defined in RTCA DO-227, should be excluded from proposed special condition nos. 1 through 8 (which are special condition nos. 1 through 6 in these special conditions). RTCA DO-227 defines these batteries as ``solid- cathode cells that contain less than 0.15 grams of lithium or lithium alloy, and batteries that use not more than four such cells.'' The FAA does not concur. These special conditions are intended to provide an appropriate level of safety for all non-rechargeable lithium battery installations. Bombardier provided the following comment on proposed special condition no. 3: ``The quantity of [lithium battery] gas that will constitute a hazard is difficult to define and test. An outgassing limit in corresponding to cell size/number would be easier to comply with and test. This should only apply in the failure case, as in normal cell operation non-rechargeable [lithium batteries] are expected to remain sealed. We recommend wording that would instead limit cell size/ number and require cell isolation to minimize hazard to airplane and occupant in case of failure and be sealed in normal operation. Exposure to occupants may be achieved by locating battery installations away from occupant areas on the airplane.'' The FAA does not agree with the proposal. The FAA considers that a special condition that limits the number of cells and their size would be unnecessarily restrictive. Note that this special condition does not require applicants to determine the quantity of gas that would constitute a hazard. For example, an acceptable means of complying with this special condition is to demonstrate, through tests, that all emitted gasses are contained or vented overboard through designed ports. However, this special condition does allow explosive and toxic gases to be uncontained and not vented overboard if they do not accumulate in hazardous quantities within the airplane. Bombardier commented that a design that prevents fluids and gases from escaping the installation should be an acceptable means of complying with proposed special condition no. 5. Bombardier recommended addressing the need for fluid containment. These comments address how to show compliance with the special conditions and would not change the special conditions. These comments can be addressed during the type certification projects. Transport Canada recommended revising proposed special condition no. 1 to address ``all hazards.'' We have not revised this special condition because it is intended to address only the cell-level hazards, which are fire and explosion. All hazards are addressed through compliance with the complete set of applicable special conditions. Transport Canada recommended adding a sentence to proposed special condition no. 2 that reads, ``Batteries that are capable of venting toxic gases shall not be installed or used in the aircraft cockpit.'' Transport Canada stated that adding this sentence would harmonize the special condition with Technical Standard Order (TSO) TSO-C142a, Non- Rechargeable Lithium Cells and Batteries, and RTCA DO-227, Minimum Operational Performance Standard for Lithium Batteries. The FAA does not agree with the proposal and did not add this sentence to special condition no. 2. We consider the special condition without this sentence more appropriate because it allows an applicant to demonstrate that the amount of gases a battery vents is not a hazard to the flight deck, and allows installation of those batteries. Transport Canada recommended revising proposed special condition no. 5 to read, ``. . . each non-rechargeable lithium battery installation must not damage surrounding structure or adjacent systems, equipment, or electrical wiring from corrosive fluids or gases that may escape in such a way as to cause a major or more severe failure condition.'' The FAA concurs, and has incorporated the recommended wording into special condition no. 5. We explain our agreement with adding these words in our above response to AIA's comment on this special condition. Transport Canada recommended revising proposed special condition no. 6 to refer to ``essential systems'' instead of ``systems,'' because the FAA previously found that wording acceptable for rechargeable lithium battery special conditions. Alternatively, Transport Canada recommended that the FAA be consistent and use ``systems'' for both rechargeable and non-rechargeable lithium battery special conditions in the future. The intent of this special condition is to address the hazards to the airplane regardless of the system critically. The FAA agrees with using ``systems'' in this special condition and in the next special conditions we propose for a rechargeable lithium battery installation. Transport Canada recommended revising proposed special condition no. 6 to read, ``. . .each non-rechargeable lithium battery installation must have provisions to prevent any hazardous effect on airplane structure or systems caused by the maximum amount of heat it can generate due to any discharge condition and/or failure of it or its individual cells.'' The FAA does not agree with the proposal. The maximum heat generated due to any battery or cell failure (for example, the heat generated during thermal runaway) represents the [[Page 23577]] worst-case condition. The maximum heat generated during ``any discharge condition'' will not exceed this worst-case condition. Therefore, the FAA did not revise this special condition. Transport Canada recommended including ``unbalanced discharge'' in the list of conditions intended to be prevented in proposed special condition no. 7. As a result of a comment from AIA addressed above, the FAA deleted proposed special condition no. 7 because compliance with special condition nos. 1 and 2 accomplish its safety objectives. Special conditions 1 and 2 also address unbalanced discharge. Transport Canada recommended revising proposed special condition no. 8 to read, ``. . . each non-rechargeable lithium battery installation must have a means to automatically and permanently disconnect from its discharging circuit in the event of an over- temperature condition, over-current condition, cell failure, or battery failure.'' Transport Canada recommended this change to raise awareness of issues associated with positive temperature coefficient protective devices in lithium battery design. As discussed above in response to an AIA comment, the FAA deleted proposed special condition no. 8, and therefore, has not incorporated the recommended revision. Transport Canada recommended adding a special condition to require instructions for continued airworthiness (ICAs) to address handling and storage of non-rechargeable lithium batteries at a minimum. The FAA has not added the recommended special condition because Sec. 25.1529 requires ICAs for non-rechargeable lithium battery installations. To ensure compliance with Sec. 25.1529, the FAA is documenting acceptable methods of compliance with Sec. 25.1529 for non-rechargeable lithium battery installations as part of the certification process. These methods of compliance address the issues Transport Canada raised. The FAA previously included a special condition that requires compliance with Sec. 25.1529 in rechargeable lithium battery special conditions. For consistency and the above-stated reasons, the FAA plans to no longer include that special condition in special conditions applicable to rechargeable lithium batteries. Transport Canada recommended ``the special condition be written in such a way as to drive the requirement for original equipment manufacturers to complete an adequate failure modes and effects analysis (FMEA) in order to discover and mitigate for all failure modes, including those that are less well known.'' The FAA does not agree with the proposal. The current FAA AC 25.1309-1A and Aviation Rulemaking Advisory Committee (ARAC) recommended AC 25.1309-Arsenal contain guidance to utilize FMEA in the safety-assessment process. The FAA believes that these special conditions, and the hazards identified, drive the FMEA or any other system-safety assessment tool to comprehensively assess the risk of battery failures. We believe that we have accomplished Transport Canada's recommendation. Transport Canada recommended changes to FAA TSO-142a, Non- Rechargeable Lithium Cells and Batteries. Their comment did not recommend changes to these special conditions; as such, this comment does not affect these special conditions. Transport Canada recommended adding a special condition that reads, ``Equipment manufacturers intending to use lithium-metal batteries in aircraft equipment must demonstrate that the battery design incorporates an acceptable level of circuit protection to mitigate against known failure modes including, but not limited to, external short-circuits and unbalanced discharge.'' Transport Canada referenced Air Accidents Investigation Branch (AAIB) Safety Recommendation 2015- 016 to support this recommendation, which states, ``It is recommended that the Federal Aviation Administration, in conjunction with the European Aviation Safety Agency and Transport Canada, require equipment manufacturers intending to use lithium-metal batteries in aircraft equipment to demonstrate that the battery design incorporates an acceptable level of circuit protection to mitigate against known failure modes including, but not limited to, external short-circuits and unbalanced discharge.'' The FAA does not concur with adding this special condition. The AAIB wrote their recommendation based on a non- rechargeable lithium battery installation that was approved before the FAA determined the need to apply special conditions. Their recommendation is specific to incorporating circuit protection, which is a means to achieve the safety level defined in these special conditions. The FAA intends for these special conditions to be performance-based. Additionally, type certificate and supplemental type certificate applicants, and not the equipment manufacturers who have not applied for the installation approval, are required to demonstrate compliance to applicable special conditions. The FAA has determined that ``uncontrolled'' in special condition no. 2 should be ``uncontrollable'' to more accurately describe the concern. This revision does not change the intended meaning of this special condition. Except as discussed above, the special conditions are adopted as proposed. Applicability As discussed above, these special conditions are applicable to the Gulfstream Model GVI airplane. Should Gulfstream apply at a later date for a change to the type certificate to include another model incorporating the same novel or unusual design feature, these special conditions would apply to that model as well. These special conditions are only applicable to design changes applied for after its effective date. The existing airplane fleet and follow-on deliveries of airplanes with previously certified non- rechargeable lithium battery installations are not affected. These special conditions are not applicable to changes to previously certified non-rechargeable lithium battery installations where the only change is either cosmetic or relocating the installation to improve the safety of the airplane and occupants. The FAA determined that this exclusion is in the public interest because the need to meet all of the special conditions might otherwise deter design changes that solely involve relocating batteries to improve safety. A cosmetic change is a change in appearance only, and does not change any function or safety characteristic of the battery installation. Conclusion This action affects only certain novel or unusual design features on one model of airplane. It is not a rule of general applicability. List of Subjects in 14 CFR Part 25 Aircraft, Aviation safety, Reporting and record keeping requirements. The authority citation for these special conditions is as follows: Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704. The Special Conditions Accordingly, the following special conditions are part of the type certification basis for Gulfstream Model GVI airplanes. Non-Rechargeable Lithium Battery Installations In lieu of Sec. 25.1353(b)(1) through (b)(4) at Amendment 25-113, each non-rechargeable lithium battery installation must: 1. Maintain safe cell temperatures and pressures under all foreseeable operating conditions to prevent fire and explosion. [[Page 23578]] 2. Prevent the occurrence of self-sustaining, uncontrollable increases in temperature or pressure. 3. Not emit explosive or toxic gases, either in normal operation or as a result of its failure, that may accumulate in hazardous quantities within the airplane. 4. Meet the requirements of Sec. 25.863. 5. Not damage surrounding structure or adjacent systems, equipment, or electrical wiring from corrosive fluids or gases that may escape in such a way as to cause a major or more-severe failure condition. 6. Have provisions to prevent any hazardous effect on airplane structure or systems caused by the maximum amount of heat it can generate due to any failure of it or its individual cells. 7. Have a failure sensing and warning system to alert the flightcrew if its failure affects safe operation of the airplane. 8. Have a means for the flightcrew or maintenance personnel to determine the battery charge state if the battery's function is required for safe operation of the airplane. Note 1: A battery system consists of the battery and any protective, monitoring, and alerting circuitry or hardware inside or outside of the battery. It also includes vents (where necessary) and packaging. For the purpose of these special conditions, a ``battery'' and ``battery system'' are referred to as a battery. Issued in Renton, Washington, on April 14, 2016. Victor Wicklund, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2016-09311 Filed 4-21-16; 8:45 am] BILLING CODE 4910-13-P
![Federal Register / Vol. 81, No. 78 / Friday, April 22, 2016 / Rules and Regulations 23573
DEPARTMENT OF TRANSPORTATION these special conditions become should any other model already
effective 1 year after their publication in included on the same type certificate be
Federal Aviation Administration the Federal Register for reasons modified to incorporate the same novel
explained below in response to a public or unusual design feature, these special
14 CFR Part 25 comment. The FAA intends for future conditions would also apply to the other
special conditions for other makes and model under § 21.101.
[Docket No. FAA–2015–4279; Special
Conditions No. 25–612–SC]
models to be effective on this same date The FAA issues special conditions, as
or 30 days after their publication, defined in 14 CFR 11.19, in accordance
Special Conditions: Gulfstream whichever is later. with § 11.38, and they become part of
Aerospace Corporation, Gulfstream Background the type-certification basis under
GVI Airplane; Non-Rechargeable § 21.101.
Gulfstream applied for several
Lithium Battery Installations Novel or Unusual Design Features
changes to type certificate no.
AGENCY: Federal Aviation T00015AT to install non-rechargeable The Gulfstream Model GVI airplane
Administration (FAA), DOT. lithium batteries in the Model GVI will incorporate non-rechargeable
ACTION: Final special conditions. airplane. The Gulfstream Model GVI lithium batteries.
airplane is a twin-engine, transport- A battery system consists of the
SUMMARY: These special conditions are category airplane with a maximum battery and any protective, monitoring,
issued for the Gulfstream Aerospace passenger capacity of 19 and maximum
and alerting circuitry or hardware inside
Corporation (Gulfstream) GVI airplane. takeoff weight of 99,600 pounds.
or outside of the battery, and venting
This airplane will have a novel or Type Certification Basis capability where necessary. For the
unusual design feature when compared purpose of these special conditions, we
to the state of technology envisioned in Under the provisions of Title 14, Code
of Federal Regulations (14 CFR) 21.101, refer to a battery and battery system as
the airworthiness standards for a battery.
transport-category airplanes. This Gulfstream must show that the design
design feature is non-rechargeable change and areas affected by the change Discussion
lithium batteries. The applicable continue to meet the applicable
provisions of the regulations listed in The FAA derived the current
airworthiness regulations do not contain regulations governing installation of
adequate or appropriate safety standards type certificate no. T00015AT, or the
applicable regulations in effect on the batteries in transport-category airplanes
for this design feature. These special from Civil Air Regulations (CAR)
conditions contain the additional safety date of application for the change,
except for earlier amendments as agreed 4b.625(d) as part of the re-codification
standards that the Administrator of CAR 4b that established 14 CFR part
considers necessary to establish a level upon by the FAA. The regulations listed
in the type certificate are commonly 25 in February 1965. This re-
of safety equivalent to that established codification basically reworded the CAR
by the existing airworthiness standards. referred to as the ‘‘original type
certification basis.’’ The regulations 4b battery requirements, which are
DATES: Effective April 22, 2017. currently in § 25.1353(b)(1) through
listed in type certificate no. T00015AT
FOR FURTHER INFORMATION CONTACT: are 14 CFR part 25 effective February 1, (b)(4). Non-rechargeable lithium
Nazih Khaouly, Airplane and Flight 1965, including Amendments 25–1 batteries are novel and unusual with
Crew Interface Branch, ANM–111, through 25–120, 25–122, 25–124, and respect to the state of technology
Transport Airplane Directorate, Aircraft 25–132. The certification basis also considered when these requirements
Certification Service, 1601 Lind Avenue includes certain special conditions, were codified. These batteries introduce
SW., Renton, Washington, 98057–3356; exemptions, and equivalent-safety higher energy levels into airplane
telephone 425–227–2432; facsimile findings that are not relevant to these systems through new chemical
425–227–1149. special conditions. compositions in various battery-cell
SUPPLEMENTARY INFORMATION In addition to the applicable sizes and construction. Interconnection
airworthiness regulations and special of these cells in battery packs introduces
Future Requests for Installation of Non- failure modes that require unique design
Rechargeable Lithium Batteries conditions, the Gulfstream Model GVI
airplane must comply with the fuel-vent considerations, such as provisions for
The FAA anticipates that non- and exhaust-emission requirements of thermal management.
rechargeable lithium batteries will be 14 CFR part 34, and the noise- Recent events involving rechargeable
installed in other makes and models of certification requirements of 14 CFR and non-rechargeable lithium batteries
airplanes. We have determined to part 36. prompted the FAA to initiate a broad
require special conditions for all If the Administrator finds that the evaluation of these energy-storage
applications requesting non- applicable airworthiness regulations technologies. In January 2013, two
rechargeable lithium battery (i.e., 14 CFR part 25) do not contain independent events involving
installations, except the installations adequate or appropriate safety standards rechargeable lithium-ion batteries
excluded in the Applicability section, for the Gulfstream Model GVI airplane revealed unanticipated failure modes. A
until the airworthiness requirements because of a novel or unusual design National Transportation Safety Board
can be revised to address this issue. feature, special conditions are (NTSB) letter to the FAA, dated May 22,
Applying special conditions to these prescribed under the provisions of 2014, which is available at http://
asabaliauskas on DSK3SPTVN1PROD with RULES
installations across the range of all § 21.16. www.ntsb.gov, filename A–14–032–
transport-airplane makes and models Special conditions are initially 036.pdf, describes these events.
will ensure regulatory consistency applicable to the Gulfstream Model GVI On July 12, 2013, an event involving
among applicants. airplane model for which they are a non-rechargeable lithium battery, in
These are the first special conditions issued. Should the type certificate for an emergency-locator-transmitter
the FAA has issued for non-rechargeable that model be amended later to include installation, demonstrated
lithium battery installations on any any other model that incorporates the unanticipated failure modes. The
airplane. The FAA has determined that same novel or unusual design feature, or United Kingdom’s Air Accidents
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![23576 Federal Register / Vol. 81, No. 78 / Friday, April 22, 2016 / Rules and Regulations
with implementing these special than 0.15 grams of lithium or lithium condition no. 2 that reads, ‘‘Batteries
conditions, which have not been alloy, and batteries that use not more that are capable of venting toxic gases
required for previous approvals. These than four such cells.’’ The FAA does not shall not be installed or used in the
are the first special conditions the FAA concur. These special conditions are aircraft cockpit.’’ Transport Canada
has issued for a non-rechargeable intended to provide an appropriate level stated that adding this sentence would
lithium battery installation on any of safety for all non-rechargeable harmonize the special condition with
airplane. Likewise, we have determined lithium battery installations. Technical Standard Order (TSO) TSO–
that an effective date of one year after Bombardier provided the following C142a, Non-Rechargeable Lithium Cells
special conditions publication is comment on proposed special condition and Batteries, and RTCA DO–227,
appropriate. The FAA also has been no. 3: ‘‘The quantity of [lithium battery] Minimum Operational Performance
coordinating with other applicants to gas that will constitute a hazard is Standard for Lithium Batteries. The
develop proposed special conditions for difficult to define and test. An FAA does not agree with the proposal
their projects involving non- outgassing limit in corresponding to cell and did not add this sentence to special
rechargeable lithium batteries. The FAA size/number would be easier to comply condition no. 2. We consider the special
intends for future special conditions, for with and test. This should only apply in condition without this sentence more
other airplane makes and models, to be the failure case, as in normal cell appropriate because it allows an
effective on this same date or 30 days operation non-rechargeable [lithium applicant to demonstrate that the
after their publication, whichever is batteries] are expected to remain sealed. amount of gases a battery vents is not a
later. We recommend wording that would hazard to the flight deck, and allows
The Boeing Company commented that instead limit cell size/number and installation of those batteries.
‘‘. . . these special conditions should require cell isolation to minimize Transport Canada recommended
clearly indicate the scope of changes for hazard to airplane and occupant in case revising proposed special condition no.
which the certification basis is deemed of failure and be sealed in normal 5 to read, ‘‘. . . each non-rechargeable
inadequate and requires application of operation. Exposure to occupants may lithium battery installation must not
the special conditions.’’ The Boeing be achieved by locating battery damage surrounding structure or
Company made this comment in regards installations away from occupant areas adjacent systems, equipment, or
to the applicability of these special on the airplane.’’ The FAA does not electrical wiring from corrosive fluids or
conditions to batteries that have less agree with the proposal. The FAA gases that may escape in such a way as
than 2 watt-hours of energy and meet considers that a special condition that to cause a major or more severe failure
Underwriters Laboratories (UL) 1642 or limits the number of cells and their size condition.’’ The FAA concurs, and has
UL 2054. The FAA has determined that would be unnecessarily restrictive. Note incorporated the recommended wording
the use of UL 1642 and UL 2054 should that this special condition does not into special condition no. 5. We explain
be addressed as a method-of-compliance require applicants to determine the our agreement with adding these words
issue rather than exclusion criteria for quantity of gas that would constitute a in our above response to AIA’s comment
certain battery sizes. These special hazard. For example, an acceptable on this special condition.
conditions are to apply to all non- means of complying with this special Transport Canada recommended
rechargeable lithium batteries regardless condition is to demonstrate, through revising proposed special condition no.
of their size. These special conditions tests, that all emitted gasses are 6 to refer to ‘‘essential systems’’ instead
require this where it states ‘‘. . . each contained or vented overboard through of ‘‘systems,’’ because the FAA
non-rechargeable lithium battery designed ports. However, this special previously found that wording
installation must . . .’’ condition does allow explosive and acceptable for rechargeable lithium
Airbus commented that they assume toxic gases to be uncontained and not battery special conditions.
that the FAA considers the standards in vented overboard if they do not Alternatively, Transport Canada
Radio Technical Commission for accumulate in hazardous quantities recommended that the FAA be
Aeronautics (RTCA) DO–227, Minimum within the airplane. consistent and use ‘‘systems’’ for both
Operational Performance Standard for Bombardier commented that a design rechargeable and non-rechargeable
Lithium Batteries, to be an acceptable that prevents fluids and gases from lithium battery special conditions in the
means of compliance with the special escaping the installation should be an future. The intent of this special
conditions that address battery- acceptable means of complying with condition is to address the hazards to
qualification aspects. Airbus also proposed special condition no. 5. the airplane regardless of the system
commented that they assume that Bombardier recommended addressing critically. The FAA agrees with using
compliance with the other special the need for fluid containment. These ‘‘systems’’ in this special condition and
conditions is demonstrated through comments address how to show in the next special conditions we
analysis of battery integration in the compliance with the special conditions propose for a rechargeable lithium
airplane physical and functional and would not change the special battery installation.
environment. These comments address conditions. These comments can be Transport Canada recommended
how to show compliance with the addressed during the type certification revising proposed special condition no.
special conditions and would not projects. 6 to read, ‘‘. . .each non-rechargeable
change the special conditions. These Transport Canada recommended lithium battery installation must have
comments can be addressed during the revising proposed special condition no. provisions to prevent any hazardous
type certification projects. 1 to address ‘‘all hazards.’’ We have not effect on airplane structure or systems
asabaliauskas on DSK3SPTVN1PROD with RULES
Airbus commented that batteries that revised this special condition because it caused by the maximum amount of heat
are Category I, as defined in RTCA DO– is intended to address only the cell-level it can generate due to any discharge
227, should be excluded from proposed hazards, which are fire and explosion. condition and/or failure of it or its
special condition nos. 1 through 8 All hazards are addressed through individual cells.’’ The FAA does not
(which are special condition nos. 1 compliance with the complete set of agree with the proposal. The maximum
through 6 in these special conditions). applicable special conditions. heat generated due to any battery or cell
RTCA DO–227 defines these batteries as Transport Canada recommended failure (for example, the heat generated
‘‘solid-cathode cells that contain less adding a sentence to proposed special during thermal runaway) represents the
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2. Prevent the occurrence of self- digital-systems network architecture FOR FURTHER INFORMATION CONTACT:
sustaining, uncontrollable increases in composed of several connected Varun Khanna, FAA, Airplane and
temperature or pressure. networks that may allow access to or by Flight Crew Interface, ANM–111,
3. Not emit explosive or toxic gases, external computer systems and Transport Airplane Directorate, Aircraft
either in normal operation or as a result networks, and may result in airplane Certification Service, 1601 Lind Avenue
of its failure, that may accumulate in systems-security vulnerabilities. The SW., Renton, Washington 98057–3356;
hazardous quantities within the applicable airworthiness regulations do telephone 425–227–1298; facsimile
airplane. not contain adequate or appropriate 425–227–1149.
4. Meet the requirements of § 25.863. safety standards for this design feature. SUPPLEMENTARY INFORMATION: The
5. Not damage surrounding structure These special conditions contain the substance of these special conditions
or adjacent systems, equipment, or additional safety standards that the has been subject to the public comment
electrical wiring from corrosive fluids or Administrator considers necessary to process in several prior instances with
gases that may escape in such a way as establish a level of safety equivalent to no substantive comments received. The
to cause a major or more-severe failure that established by the existing FAA therefore finds that good cause
condition. airworthiness standards. exists for making these special
6. Have provisions to prevent any conditions effective upon publication in
DATES: This action is effective on
hazardous effect on airplane structure or the Federal Register.
Bombardier Inc. on April 22, 2016. We
systems caused by the maximum
must receive your comments by June 6, Comments Invited
amount of heat it can generate due to
2016.
any failure of it or its individual cells. We invite interested people to take
7. Have a failure sensing and warning ADDRESSES: Send comments identified
part in this rulemaking by sending
system to alert the flightcrew if its by docket number FAA–2016–4819
written comments, data, or views. The
failure affects safe operation of the using any of the following methods:
most helpful comments reference a
airplane. • Federal eRegulations Portal: Go to
specific portion of the special
8. Have a means for the flightcrew or http://www.regulations.gov/ and follow
conditions, explain the reason for any
maintenance personnel to determine the the online instructions for sending your
recommended change, and include
battery charge state if the battery’s comments electronically.
• Mail: Send comments to Docket supporting data.
function is required for safe operation of We will consider all comments we
the airplane. Operations, M–30, U.S. Department of
receive by the closing date for
Transportation (DOT), 1200 New Jersey
Note 1: A battery system consists of the comments. We may change these special
Avenue SE., Room W12–140, West
battery and any protective, monitoring, and conditions based on the comments we
alerting circuitry or hardware inside or
Building Ground Floor, Washington, DC
receive.
outside of the battery. It also includes vents 20590–0001.
(where necessary) and packaging. For the • Hand Delivery or Courier: Take Background
purpose of these special conditions, a comments to Docket Operations in On June 13, 2012, Bombardier Inc.
‘‘battery’’ and ‘‘battery system’’ are referred to Room W12–140 of the West Building applied for an amended type certificate
as a battery. Ground Floor at 1200 New Jersey for their new Model BD–700–2A12 and
Avenue SE., Washington, DC, between 9 BD–700–2A13 airplanes. These
Issued in Renton, Washington, on April 14, a.m. and 5 p.m., Monday through
2016. airplanes are derivatives of the Model
Friday, except Federal holidays. BD–700 series of airplanes, and are
Victor Wicklund, • Fax: Fax comments to Docket
Acting Manager, Transport Airplane
marketed as the Bombardier Global 7000
Operations at 202–493–2251. and Global 8000, respectively. These
Directorate, Aircraft Certification Service. Privacy: The FAA will post all
[FR Doc. 2016–09311 Filed 4–21–16; 8:45 am]
airplanes are ultra-long-range,
comments it receives, without change, executive-interior business jets.
BILLING CODE 4910–13–P to http://www.regulations.gov/, The Model BD–700–2A12 and BD–
including any personal information the 700–2A13 airplanes have a maximum
commenter provides. Using the search certified passenger capacity of 19, and
DEPARTMENT OF TRANSPORTATION function of the docket Web site, anyone include new high-speed transonic wings
can find and read the electronic form of with improved aerodynamic efficiency
Federal Aviation Administration
all comments received into any FAA and a pressurized cabin for luxury
docket, including the name of the interiors.
14 CFR Part 25
individual sending the comment (or
[Docket No. FAA–2016–4819; Special signing the comment for an association, Type Certification Basis
Conditions No. 25–615–SC] business, labor union, etc.). DOT’s Under the provisions of Title 14, Code
complete Privacy Act Statement can be of Federal Regulations (14 CFR) 21.101,
Special Conditions: Bombardier Inc. found in the Federal Register published Bombardier Inc. must show that the
Model BD–700–2A12 and BD–700– on April 11, 2000 (65 FR 19477–19478), Model BD–700–2A12 and BD–700–
2A13 Airplanes; Airplane Electronic as well as at http://DocketsInfo.dot. 2A13 airplanes meet the applicable
System Security Protection From gov/. provisions of part 25 as amended by
Unauthorized External Access Docket: Background documents or Amendments 25–1 through 25–137.
AGENCY: Federal Aviation comments received may be read at If the Administrator finds that the
asabaliauskas on DSK3SPTVN1PROD with RULES
Administration (FAA), DOT. http://www.regulations.gov/ at any time. applicable airworthiness regulations
ACTION: Final special conditions; request Follow the online instructions for (i.e., 14 CFR part 25) do not contain
for comments. accessing the docket or go to Docket adequate or appropriate safety standards
Operations in Room W12–140 of the for the Model BD–700–2A12 and BD–
SUMMARY: These special conditions are West Building Ground Floor at 1200 700–2A13 airplanes because of a novel
issued for the Bombardier Inc. Model New Jersey Avenue SE., Washington, or unusual design feature, special
BD–700–2A12 and BD–700–2A13 DC, between 9 a.m. and 5 p.m., Monday conditions are prescribed under the
airplanes. These airplanes will have a through Friday, except Federal holidays. provisions of § 21.16.
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Document Created: 2017-08-22 23:36:42
Document Modified: 2017-08-22 23:36:42
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final special conditions. | |
| Dates | Effective April 22, 2017. | |
| Contact | Nazih Khaouly, 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 Citation | 81 FR 23573 | |
| CFR Associated | Aircraft; Aviation Safety and Reporting and Record Keeping Requirements |
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