81_FR_4613 81 FR 4596 - Special Conditions: The Boeing Company, Boeing 767-2C Airplane; Non-Rechargeable Lithium Battery Installations

81 FR 4596 - Special Conditions: The Boeing Company, Boeing 767-2C Airplane; Non-Rechargeable Lithium Battery Installations

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 81, Issue 17 (January 27, 2016)

Page Range4596-4598
FR Document2016-01582

This action proposes special conditions for the Boeing Model 767-2C 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 battery systems. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These proposed special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

Federal Register, Volume 81 Issue 17 (Wednesday, January 27, 2016)
[Federal Register Volume 81, Number 17 (Wednesday, January 27, 2016)]
[Proposed Rules]
[Pages 4596-4598]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-01582]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 81, No. 17 / Wednesday, January 27, 2016 / 
Proposed Rules

[[Page 4596]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2015-5391; Notice No. 25-16-01-SC]


Special Conditions: The Boeing Company, Boeing 767-2C Airplane; 
Non-Rechargeable Lithium Battery Installations

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed special conditions.

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

SUMMARY: This action proposes special conditions for the Boeing Model 
767-2C 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 battery systems. The applicable 
airworthiness regulations do not contain adequate or appropriate safety 
standards for this design feature. These proposed special conditions 
contain the additional safety standards that the Administrator 
considers necessary to establish a level of safety equivalent to that 
established by the existing airworthiness standards.

DATES: Send your comments on or before March 14, 2016.

ADDRESSES: Send comments identified by docket number FAA-2015-5391 
using any of the following methods:
     Federal eRegulations Portal: Go to http://www.regulations.gov/ and follow the online instructions for sending 
your comments electronically.
     Mail: Send comments to Docket Operations, M-30, U.S. 
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room 
W12-140, West Building Ground Floor, Washington, DC, 20590-0001.
     Hand Delivery or Courier: Take comments to Docket 
Operations in Room W12-140 of the West Building Ground Floor at 1200 
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at 202-493-2251.
    Privacy: The FAA will post all comments it receives, without 
change, to http://www.regulations.gov/, including any personal 
information the commenter provides. Using the search function of the 
docket Web site, anyone can find and read the electronic form of all 
comments received into any FAA docket, including the name of the 
individual sending the comment (or signing the comment for an 
association, business, labor union, etc.). DOT's complete Privacy Act 
Statement can be found in the Federal Register published on April 11, 
2000 (65 FR 19477-19478), as well as at http://DocketsInfo.dot.gov/.
    Docket: Background documents or comments received may be read at 
http://www.regulations.gov/ at any time. Follow the online instructions 
for accessing the docket or go to 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, 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: 

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 January 18, 2010, The Boeing Company applied for an amendment to 
Type Certificate No. A1NM to include a new Model 767-2C airplane. The 
Model 767-2C airplane is a twin-engine, transport-category airplane 
that is a freighter derivative of the Model 767-200 airplane currently 
approved under Type Certificate No. A1NM. The Model 767-2C airplane 
incorporates freighter features such as a main deck cargo door and 
strengthened floors to provide cargo carriage capability on the main 
deck. Provisions are also incorporated to support subsequent 
supplemental type certificate (STC) modifications which are intended to 
provide additional mission capabilities, including provisions to 
support conversion into an aerial refueling platform (i.e., tanker) 
configuration.

Type Certification Basis

    Under the provisions of Title 14, Code of Federal Regulations, (14 
CFR) 21.101, The Boeing Company must show that the Model 767-2C 
airplane meets the applicable provisions of the regulations listed in 
Type Certificate A1NM 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. A1NM are 14 CFR part 25 
effective February 1, 1965 including Amendments 25-1 through 25-37 with 
exceptions listed in the type certificate. In addition, the 
certification basis includes other regulations, special conditions, and 
exemptions that are not relevant to these proposed special conditions. 
Type Certificate No. A1NM will be updated to include a complete 
description of the certification basis for this airplane model.
    In addition to the applicable airworthiness regulations and special 
conditions, the Model 767-2C 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 Model 767-2C 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 model for which 
they are issued. Should the type certificate

[[Page 4597]]

for that model be amended later to include any other model that 
incorporates the same or similar 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

    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. The Model 767-2C airplane will incorporate non-rechargeable 
lithium batteries, which are novel or unusual design features.

Discussion

    We 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. We basically reworded the 
battery requirements, which are currently in Sec.  25.1353(b)(1) 
through (b)(4), from the CAR requirements. 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 demonstrated 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. Air Accident Investigations Branch 
Bulletin S5/2013 describes this event.
    Some other 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 
(LRU);
     Cabin safety, entertainment, and communications equipment, 
including 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, these 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.
    Proposed Special Condition 1 requires that each individual cell 
within a battery be designed to maintain safe temperatures and 
pressures. Proposed Special Condition 2 addresses these same issues but 
for the entire battery. Proposed Special Condition 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.
    Proposed Special Conditions 1 and 2 are intended to ensure that the 
battery and its cells are designed to eliminate the potential for 
uncontrolled failures. However, a certain number of failures will occur 
due to various factors beyond the control of the designer. Therefore, 
other special conditions are intended to protect the airplane and its 
occupants if failure occurs.
    Proposed Special Conditions 3, 9 and 10 are self-explanatory, and 
the FAA does not provide further explanation for them at this time.
    The FAA proposes Special Condition 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 electrolyte that is a flammable fluid.
    Proposed Special Condition 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. Proposed Special Condition 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 it can generate due to any failure of it or its 
individual cells. The means of meeting these proposed special 
conditions may be the same, but they are independent requirements 
addressing different hazards. Proposed Special Condition 5 addresses 
corrosive fluids and gases, whereas Proposed Special Condition 6 
addresses heat.
    Proposed Special Conditions 7 and 8 require non-rechargeable 
lithium batteries to have automatic means for battery disconnection and 
control of battery discharge rate due to the fast-acting nature of 
lithium-battery chemical reactions. Manual intervention would not be 
timely or effective in mitigating the hazards associated with these 
batteries.
    These special conditions will apply to all non-rechargeable lithium 
battery installations in lieu of Sec.  25.1353(b)(1) through (b)(4) at 
Amendment 25-123. Sections 25.1353(b)(1) through (b)(4) at Amendment 
25-123 will remain in effect for other battery installations.

[[Page 4598]]

    These proposed special conditions contain the additional safety 
standards that the Administrator considers necessary to establish a 
level of safety equivalent to that established by the existing 
airworthiness standards.

Applicability

    As discussed above, these special conditions are applicable to the 
Model 767-2C airplane. Should the applicant apply at a later date for a 
change to the type certificate to include another model incorporating 
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 apply to that model as well.

Conclusion

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

List of Subjects in 14 CFR Part 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 Proposed Special Conditions

    Accordingly, the FAA proposes the following special conditions as 
part of the type certification basis for Boeing Model 767-2C airplane.

Non-Rechargeable Lithium Battery Installations

    In lieu of Sec.  25.1353(b)(1) through (b)(4) at Amendment 25-123, 
each non-rechargeable lithium battery installation must:
    1. Maintain safe cell temperatures and pressures under all 
foreseeable operating conditions to prevent fire and explosion.
    2. Prevent the occurrence of self-sustaining, uncontrolled 
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.
    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. Be capable of automatically controlling the discharge rate of 
each cell to prevent cell imbalance, back-charging, overheating, and 
uncontrollable temperature and pressure.
    8. Have a means to automatically disconnect from its discharging 
circuit in the event of an over-temperature condition, cell failure or 
battery failure.
    9. Have a failure sensing and warning system to alert the 
flightcrew if its failure affects safe operation of the airplane.
    10. 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 January 20, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-01582 Filed 1-26-16; 8:45 am]
 BILLING CODE 4910-13-P



                                                      4596

                                                      Proposed Rules                                                                                                 Federal Register
                                                                                                                                                                     Vol. 81, No. 17

                                                                                                                                                                     Wednesday, January 27, 2016



                                                      This section of the FEDERAL REGISTER                    Ground Floor at 1200 New Jersey                        767–2C airplane is a twin-engine,
                                                      contains notices to the public of the proposed          Avenue SE., Washington, DC, between 9                  transport-category airplane that is a
                                                      issuance of rules and regulations. The                  a.m. and 5 p.m., Monday through                        freighter derivative of the Model 767–
                                                      purpose of these notices is to give interested          Friday, except Federal holidays.                       200 airplane currently approved under
                                                      persons an opportunity to participate in the               • Fax: Fax comments to Docket                       Type Certificate No. A1NM. The Model
                                                      rule making prior to the adoption of the final
                                                                                                              Operations at 202–493–2251.                            767–2C airplane incorporates freighter
                                                      rules.
                                                                                                                 Privacy: The FAA will post all                      features such as a main deck cargo door
                                                                                                              comments it receives, without change,                  and strengthened floors to provide cargo
                                                      DEPARTMENT OF TRANSPORTATION                            to http://www.regulations.gov/,                        carriage capability on the main deck.
                                                                                                              including any personal information the                 Provisions are also incorporated to
                                                      Federal Aviation Administration                         commenter provides. Using the search                   support subsequent supplemental type
                                                                                                              function of the docket Web site, anyone                certificate (STC) modifications which
                                                      14 CFR Part 25                                          can find and read the electronic form of               are intended to provide additional
                                                                                                              all comments received into any FAA                     mission capabilities, including
                                                      [Docket No. FAA–2015–5391; Notice No. 25–
                                                                                                              docket, including the name of the                      provisions to support conversion into an
                                                      16–01–SC]
                                                                                                              individual sending the comment (or                     aerial refueling platform (i.e., tanker)
                                                      Special Conditions: The Boeing                          signing the comment for an association,                configuration.
                                                      Company, Boeing 767–2C Airplane;                        business, labor union, etc.). DOT’s                    Type Certification Basis
                                                      Non-Rechargeable Lithium Battery                        complete Privacy Act Statement can be
                                                                                                              found in the Federal Register published                   Under the provisions of Title 14, Code
                                                      Installations
                                                                                                              on April 11, 2000 (65 FR 19477–19478),                 of Federal Regulations, (14 CFR) 21.101,
                                                      AGENCY: Federal Aviation                                as well as at http://DocketsInfo.dot.gov/.             The Boeing Company must show that
                                                      Administration (FAA), DOT.                                 Docket: Background documents or                     the Model 767–2C airplane meets the
                                                      ACTION: Notice of proposed special                      comments received may be read at                       applicable provisions of the regulations
                                                      conditions.                                             http://www.regulations.gov/ at any time.               listed in Type Certificate A1NM or the
                                                                                                              Follow the online instructions for                     applicable regulations in effect on the
                                                      SUMMARY:   This action proposes special                 accessing the docket or go to Docket                   date of application for the change,
                                                      conditions for the Boeing Model 767–2C                  Operations in Room W12–140 of the                      except for earlier amendments as agreed
                                                      airplane. This airplane will have a novel               West Building Ground Floor at 1200                     upon by the FAA. The regulations listed
                                                      or unusual design feature when                          New Jersey Avenue SE., Washington,                     in the type certificate are commonly
                                                      compared to the state of technology                     DC, between 9 a.m. and 5 p.m., Monday                  referred to as the ‘‘original type
                                                      envisioned in the airworthiness                         through Friday, except Federal holidays.               certification basis.’’ The regulations
                                                      standards for transport-category                                                                               listed in Type Certificate No. A1NM are
                                                                                                              FOR FURTHER INFORMATION CONTACT:
                                                      airplanes. This design feature is non-                                                                         14 CFR part 25 effective February 1,
                                                                                                              Nazih Khaouly, Airplane and Flight                     1965 including Amendments 25–1
                                                      rechargeable lithium battery systems.                   Crew Interface Branch, ANM–111,
                                                      The applicable airworthiness                                                                                   through 25–37 with exceptions listed in
                                                                                                              Transport Airplane Directorate, Aircraft               the type certificate. In addition, the
                                                      regulations do not contain adequate or                  Certification Service, 1601 Lind Avenue
                                                      appropriate safety standards for this                                                                          certification basis includes other
                                                                                                              SW., Renton, Washington, 98057–3356;                   regulations, special conditions, and
                                                      design feature. These proposed special                  telephone 425–227–2432; facsimile
                                                      conditions contain the additional safety                                                                       exemptions that are not relevant to these
                                                                                                              425–227–1149.                                          proposed special conditions. Type
                                                      standards that the Administrator
                                                                                                              SUPPLEMENTARY INFORMATION:                             Certificate No. A1NM will be updated to
                                                      considers necessary to establish a level
                                                      of safety equivalent to that established                Comments Invited                                       include a complete description of the
                                                      by the existing airworthiness standards.                                                                       certification basis for this airplane
                                                                                                                We invite interested people to take                  model.
                                                      DATES: Send your comments on or                         part in this rulemaking by sending                        In addition to the applicable
                                                      before March 14, 2016.                                  written comments, data, or views. The                  airworthiness regulations and special
                                                      ADDRESSES: Send comments identified                     most helpful comments reference a                      conditions, the Model 767–2C airplane
                                                      by docket number FAA–2015–5391                          specific portion of the special                        must comply with the fuel-vent and
                                                      using any of the following methods:                     conditions, explain the reason for any                 exhaust-emission requirements of 14
                                                        • Federal eRegulations Portal: Go to                  recommended change, and include                        CFR part 34, and the noise-certification
                                                      http://www.regulations.gov/ and follow                  supporting data.                                       requirements of 14 CFR part 36.
                                                      the online instructions for sending your                  We will consider all comments we                        If the Administrator finds that the
                                                      comments electronically.                                receive by the closing date for                        applicable airworthiness regulations
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                        • Mail: Send comments to Docket                       comments. We may change these special                  (i.e., 14 CFR part 25) do not contain
                                                      Operations, M–30, U.S. Department of                    conditions based on the comments we                    adequate or appropriate safety standards
                                                      Transportation (DOT), 1200 New Jersey                   receive.                                               for the Model 767–2C airplane because
                                                      Avenue SE., Room W12–140, West                                                                                 of a novel or unusual design feature,
                                                      Building Ground Floor, Washington,                      Background
                                                                                                                                                                     special conditions are prescribed under
                                                      DC, 20590–0001.                                           On January 18, 2010, The Boeing                      the provisions of § 21.16.
                                                        • Hand Delivery or Courier: Take                      Company applied for an amendment to                       Special conditions are initially
                                                      comments to Docket Operations in                        Type Certificate No. A1NM to include a                 applicable to the model for which they
                                                      Room W12–140 of the West Building                       new Model 767–2C airplane. The Model                   are issued. Should the type certificate


                                                 VerDate Sep<11>2014   17:50 Jan 26, 2016   Jkt 238001   PO 00000   Frm 00001   Fmt 4702   Sfmt 4702   E:\FR\FM\27JAP1.SGM   27JAP1


                                                                           Federal Register / Vol. 81, No. 17 / Wednesday, January 27, 2016 / Proposed Rules                                            4597

                                                      for that model be amended later to                      unanticipated failure modes. Air                       Proposed Special Condition 2 requires
                                                      include any other model that                            Accident Investigations Branch Bulletin                the battery be designed to prevent
                                                      incorporates the same or similar novel                  S5/2013 describes this event.                          propagation of a thermal event, such as
                                                      or unusual design feature, or should any                   Some other known uses of                            self-sustained, uncontrolled increases in
                                                      other model already included on the                     rechargeable and non-rechargeable                      temperature or pressure from one cell to
                                                      same type certificate be modified to                    lithium batteries on airplanes include:                adjacent cells.
                                                      incorporate the same novel or unusual                      • Flight deck and avionics systems                     Proposed Special Conditions 1 and 2
                                                      design feature, these special conditions                such as displays, global positioning                   are intended to ensure that the battery
                                                      would also apply to the other model                     systems, cockpit voice recorders, flight               and its cells are designed to eliminate
                                                      under § 21.101.                                         data recorders, underwater locator                     the potential for uncontrolled failures.
                                                        The FAA issues special conditions, as                 beacons, navigation computers,                         However, a certain number of failures
                                                      defined in 14 CFR 11.19, in accordance                  integrated avionics computers, satellite               will occur due to various factors beyond
                                                      with § 11.38, and they become part of                   network and communication systems,                     the control of the designer. Therefore,
                                                      the type-certification basis under                      communication-management units, and                    other special conditions are intended to
                                                      § 21.101.                                               remote-monitor electronic line-                        protect the airplane and its occupants if
                                                                                                              replaceable units (LRU);                               failure occurs.
                                                      Novel or Unusual Design Features                                                                                  Proposed Special Conditions 3, 9 and
                                                                                                                 • Cabin safety, entertainment, and
                                                         A battery system consists of the                     communications equipment, including                    10 are self-explanatory, and the FAA
                                                      battery and any protective, monitoring                  life rafts, escape slides, seatbelt air bags,          does not provide further explanation for
                                                      and alerting circuitry or hardware inside               cabin management systems, Ethernet                     them at this time.
                                                      or outside of the battery and venting                   switches, routers and media servers,                      The FAA proposes Special Condition
                                                      capability where necessary. For the                     wireless systems, internet and in-flight               4 to make it clear that the flammable-
                                                      purpose of these special conditions, we                 entertainment systems, satellite                       fluid fire-protection requirements of
                                                      refer to a battery and battery system as                televisions, remotes, and handsets;                    § 25.863 apply to non-rechargeable
                                                      a battery. The Model 767–2C airplane                                                                           lithium battery installations. Section
                                                                                                                 • Systems in cargo areas including
                                                      will incorporate non-rechargeable                                                                              25.863 is applicable to areas of the
                                                                                                              door controls, sensors, video
                                                      lithium batteries, which are novel or                                                                          airplane that could be exposed to
                                                                                                              surveillance equipment, and security
                                                      unusual design features.                                                                                       flammable fluid leakage from airplane
                                                                                                              systems.
                                                                                                                                                                     systems. Non-rechargeable lithium
                                                      Discussion                                                 Some known potential hazards and
                                                                                                                                                                     batteries contain electrolyte that is a
                                                         We derived the current regulations                   failure modes associated with non-
                                                                                                                                                                     flammable fluid.
                                                      governing installation of batteries in                  rechargeable lithium batteries are:                       Proposed Special Condition 5 requires
                                                      transport-category airplanes from Civil                 • Internal failures                                    each non-rechargeable lithium battery
                                                      Air Regulations (CAR) 4b.625(d) as part                    In general, these batteries are                     installation to not damage surrounding
                                                      of the re-codification of CAR 4b that                   significantly more susceptible to                      structure or adjacent systems,
                                                      established 14 CFR part 25 in February                  internal failures that can result in self-             equipment, or electrical wiring from
                                                      1965. We basically reworded the battery                 sustaining increases in temperature and                corrosive fluids or gases that may
                                                      requirements, which are currently in                    pressure (i.e., thermal runaway) than                  escape. Proposed Special Condition 6
                                                      § 25.1353(b)(1) through (b)(4), from the                their nickel-cadmium or lead-acid                      requires each non-rechargeable lithium
                                                      CAR requirements. Non-rechargeable                      counterparts. The metallic lithium can                 battery installation to have provisions to
                                                      lithium batteries are novel and unusual                 ignite, resulting in a self-sustaining fire            prevent any hazardous effect on
                                                      with respect to the state of technology                 or explosion.                                          airplane structure or systems caused by
                                                      considered when these requirements                      • Fast or imbalanced discharging                       the maximum amount of heat it can
                                                      were codified. These batteries introduce                   Fast discharging or an imbalanced                   generate due to any failure of it or its
                                                      higher energy levels into airplane                      discharge of one cell of a multi-cell                  individual cells. The means of meeting
                                                      systems through new chemical                            battery may create an overheating                      these proposed special conditions may
                                                      compositions in various battery-cell                    condition that results in an                           be the same, but they are independent
                                                      sizes and construction. Interconnection                 uncontrollable venting condition, which                requirements addressing different
                                                      of these cells in battery packs introduces              in turn leads to a thermal event or an                 hazards. Proposed Special Condition 5
                                                      failure modes that require unique design                explosion.                                             addresses corrosive fluids and gases,
                                                      considerations, such as provisions for                                                                         whereas Proposed Special Condition 6
                                                      thermal management.                                     • Flammability                                         addresses heat.
                                                         Recent events involving rechargeable                    Unlike nickel-cadmium and lead-acid                    Proposed Special Conditions 7 and 8
                                                      and non-rechargeable lithium batteries                  batteries, these batteries use higher                  require non-rechargeable lithium
                                                      prompted the FAA to initiate a broad                    energy and current in an                               batteries to have automatic means for
                                                      evaluation of these energy-storage                      electrochemical system that can be                     battery disconnection and control of
                                                      technologies. In January 2013, two                      configured to maximize energy storage                  battery discharge rate due to the fast-
                                                      independent events involving                            of lithium. They also use liquid                       acting nature of lithium-battery
                                                      rechargeable lithium-ion batteries                      electrolytes that can be extremely                     chemical reactions. Manual intervention
                                                      demonstrated unanticipated failure                      flammable. The electrolyte, as well as                 would not be timely or effective in
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      modes. A National Transportation                        the electrodes, can serve as a source of               mitigating the hazards associated with
                                                      Safety Board (NTSB) letter to the FAA,                  fuel for an external fire if the battery               these batteries.
                                                      dated May 22, 2014, which is available                  casing is breached.                                       These special conditions will apply to
                                                      at http://www.ntsb.gov, filename A–14–                     Proposed Special Condition 1 requires               all non-rechargeable lithium battery
                                                      032–036.pdf, describes these events.                    that each individual cell within a                     installations in lieu of § 25.1353(b)(1)
                                                         On July 12, 2013, an event involving                 battery be designed to maintain safe                   through (b)(4) at Amendment 25–123.
                                                      a non-rechargeable lithium battery, in                  temperatures and pressures. Proposed                   Sections 25.1353(b)(1) through (b)(4) at
                                                      an emergency locator transmitter                        Special Condition 2 addresses these                    Amendment 25–123 will remain in
                                                      installation, demonstrated                              same issues but for the entire battery.                effect for other battery installations.


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                                                      4598                 Federal Register / Vol. 81, No. 17 / Wednesday, January 27, 2016 / Proposed Rules

                                                        These proposed special conditions                        7. Be capable of automatically                      February 16, 2016. The Commission is
                                                      contain the additional safety standards                 controlling the discharge rate of each                 extending the time period in which to
                                                      that the Administrator considers                        cell to prevent cell imbalance, back-                  provide the Commission with initial
                                                      necessary to establish a level of safety                charging, overheating, and                             comments until February 16, 2016 and
                                                      equivalent to that established by the                   uncontrollable temperature and                         to provide reply comments until March
                                                      existing airworthiness standards.                       pressure.                                              8, 2016. This action will allow
                                                                                                                 8. Have a means to automatically                    interested persons additional time to
                                                      Applicability                                           disconnect from its discharging circuit                analyze the issues and prepare their
                                                        As discussed above, these special                     in the event of an over-temperature                    comments.
                                                      conditions are applicable to the Model                  condition, cell failure or battery failure.            DATES:   The comment period for the
                                                      767–2C airplane. Should the applicant                      9. Have a failure sensing and warning
                                                                                                                                                                     proposed rule published on December
                                                      apply at a later date for a change to the               system to alert the flightcrew if its
                                                                                                                                                                     23, 2015 (80 FR 80057), is extended.
                                                      type certificate to include another                     failure affects safe operation of the
                                                                                                                                                                     Initial comments are due on February
                                                      model incorporating the same novel or                   airplane.
                                                                                                                 10. Have a means for the flightcrew or              16, 2016. Reply comments, which may
                                                      unusual design feature, or should any
                                                                                                              maintenance personnel to determine the                 respond only to issues raised in the
                                                      other model already included on the
                                                                                                              battery charge state if the battery’s                  initial comment period, are due on
                                                      same type certificate be modified to
                                                                                                              function is required for safe operation of             March 8, 2016. In developing the final
                                                      incorporate the same novel or unusual
                                                                                                              the airplane.                                          rules, the Commission may rely on both
                                                      design feature, these special conditions
                                                                                                                                                                     new comments and comments that have
                                                      would apply to that model as well.                        Note 1: A battery system consists of the             been received to date, including those
                                                      Conclusion                                              battery and any protective, monitoring and             that were provided in connection with
                                                                                                              alerting circuitry or hardware inside or
                                                        This action affects only certain novel                outside of the battery. It also includes vents
                                                                                                                                                                     the prior rules that the Commission
                                                      or unusual design features on one model                 (where necessary) and packaging. For the               issued under Section 13(q).
                                                      of airplane. It is not a rule of general                purpose of these special conditions, a battery         ADDRESSES: Comments may be
                                                      applicability.                                          and battery system are referred to as a                submitted by any of the following
                                                                                                              battery.                                               methods:
                                                      List of Subjects in 14 CFR Part 25
                                                                                                                Issued in Renton, Washington, on January             Electronic Comments
                                                        Aircraft, Aviation safety, Reporting
                                                                                                              20, 2016.                                                • Use the Commission’s Internet
                                                      and record keeping requirements.
                                                                                                              Michael Kaszycki,                                      comment forms (http://www.sec.gov/
                                                        The authority citation for these
                                                                                                              Acting Manager, Transport Airplane                     rules/proposed.shtml);
                                                      special conditions is as follows:                       Directorate, Aircraft Certification Service.             • Send an email to rule-comments@
                                                        Authority: 49 U.S.C. 106(g), 40113, 44701,            [FR Doc. 2016–01582 Filed 1–26–16; 8:45 am]            sec.gov. Please include File Number S7–
                                                      44702, 44704.
                                                                                                              BILLING CODE 4910–13–P                                 25–15 on the subject line; or
                                                      The Proposed Special Conditions                                                                                  • Use the Federal Rulemaking Portal
                                                        Accordingly, the FAA proposes the                                                                            (http://www.regulations.gov). Follow the
                                                      following special conditions as part of                 SECURITIES AND EXCHANGE                                instructions for submitting comments.
                                                      the type certification basis for Boeing                 COMMISSION                                             Paper Comments
                                                      Model 767–2C airplane.                                                                                            • Send paper comments in triplicate
                                                                                                              17 CFR Parts 240 and 249
                                                      Non-Rechargeable Lithium Battery                                                                               to Brent J. Fields, Secretary, Securities
                                                                                                              [Release No. 34–76958; File No. S7–25–15]
                                                      Installations                                                                                                  and Exchange Commission, 100 F Street
                                                         In lieu of § 25.1353(b)(1) through
                                                                                                              RIN 3235–AL53                                          NE., Washington, DC 20549–1090.
                                                      (b)(4) at Amendment 25–123, each non-                                                                          All submissions should refer to File
                                                                                                              Extension of Comment Period for                        Number S7–25–15. This file number
                                                      rechargeable lithium battery installation               Disclosure of Payments by Resource
                                                      must:                                                                                                          should be included on the subject line
                                                                                                              Extraction Issuers                                     if email is used. To help us process and
                                                         1. Maintain safe cell temperatures and
                                                      pressures under all foreseeable                         AGENCY:  Securities and Exchange                       review your comments more efficiently,
                                                      operating conditions to prevent fire and                Commission.                                            please use only one method. The
                                                      explosion.                                              ACTION: Extension of comment period.                   Commission will post all comments on
                                                         2. Prevent the occurrence of self-                                                                          the Commission’s Internet Web site
                                                      sustaining, uncontrolled increases in                   SUMMARY:   The Securities and Exchange                 (http://www.sec.gov/rules/
                                                      temperature or pressure.                                Commission is extending the comment                    proposed.shtml). Comments also are
                                                         3. Not emit explosive or toxic gases,                period for a release proposing new Rule                available for Web site viewing and
                                                      either in normal operation or as a result               13q–1 and an amendment to Form SD                      printing in the Commission’s Public
                                                      of its failure, that may accumulate in                  to implement Section 1504 of the Dodd-                 Reference Room, 100 F Street NE., Room
                                                      hazardous quantities within the                         Frank Wall Street Reform and Consumer                  1580, Washington, DC 20549, on official
                                                      airplane.                                               Protection Act relating to disclosure of               business days between the hours of
                                                         4. Meet the requirements of § 25.863.                payments by resource extraction issuers                10:00 a.m. and 3:00 p.m. All comments
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                         5. Not damage surrounding structure                  [Release No. 34–76620 (Dec. 11, 2015);                 received will be posted without change;
                                                      or adjacent systems, equipment, or                      80 FR 80057 (Dec. 23, 2015)]. The                      we do not edit personal identifying
                                                      electrical wiring from corrosive fluids or              comment period for the proposal is                     information from submissions. You
                                                      gases that may escape.                                  divided between an initial comment                     should submit only information that
                                                         6. Have provisions to prevent any                    period and a period for reply comments.                you wish to make available publicly.
                                                      hazardous effect on airplane structure or               The original initial comment period is                    Studies, memoranda or other
                                                      systems caused by the maximum                           scheduled to end on January 25, 2016                   substantive items may be added by the
                                                      amount of heat it can generate due to                   and the original period for reply                      Commission or staff to the comment file
                                                      any failure of it or its individual cells.              comments is scheduled to end on                        during this rulemaking. A notification of


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Document Created: 2018-02-02 12:40:07
Document Modified: 2018-02-02 12:40:07
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed special conditions.
DatesSend your comments on or before March 14, 2016.
ContactNazih 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 Citation81 FR 4596 
CFR AssociatedAircraft; Aviation Safety and Reporting and Record Keeping Requirements

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