81_FR_48461 81 FR 48319 - Special Conditions: Avmax Aviation Services Inc., Bombardier Model DHC-8-100/-200/-300 Series Airplanes; Installed Rechargeable Lithium Batteries and Battery Systems

81 FR 48319 - Special Conditions: Avmax Aviation Services Inc., Bombardier Model DHC-8-100/-200/-300 Series Airplanes; Installed Rechargeable Lithium Batteries and Battery Systems

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 81, Issue 142 (July 25, 2016)

Page Range48319-48321
FR Document2016-17428

These special conditions are issued for the Bombardier Model DHC-8-100/-200/-300 series airplanes. These airplanes, as modified by Avmax Aviation Services Inc. (Avmax), will have a novel or unusual design feature when compared to the state of technology envisioned in the airworthiness standards for transport-category airplanes. This design feature is rechargeable lithium batteries to replace the existing nickel-cadmium and lead-acid rechargeable batteries. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for these design features. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

Federal Register, Volume 81 Issue 142 (Monday, July 25, 2016)
[Federal Register Volume 81, Number 142 (Monday, July 25, 2016)]
[Rules and Regulations]
[Pages 48319-48321]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17428]



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                                                Federal Register
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Federal Register / Vol. 81, No. 142 / Monday, July 25, 2016 / Rules 
and Regulations

[[Page 48319]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2015-1087; Special Conditions No. 25-622-SC]


Special Conditions: Avmax Aviation Services Inc., Bombardier 
Model DHC-8-100/-200/-300 Series Airplanes; Installed Rechargeable 
Lithium Batteries and Battery Systems

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION:  Final special conditions; request for comments.

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

SUMMARY: These special conditions are issued for the Bombardier Model 
DHC-8-100/-200/-300 series airplanes. These airplanes, as modified by 
Avmax Aviation Services Inc. (Avmax), will have a novel or unusual 
design feature when compared to the state of technology envisioned in 
the airworthiness standards for transport-category airplanes. This 
design feature is rechargeable lithium batteries to replace the 
existing nickel-cadmium and lead-acid rechargeable batteries. The 
applicable airworthiness regulations do not contain adequate or 
appropriate safety standards for these design features. These special 
conditions contain the additional safety standards that the 
Administrator considers necessary to establish a level of safety 
equivalent to that established by the existing airworthiness standards.

DATES:  This action is effective on Avmax July 25, 2016. We must 
receive your comments by September 8, 2016.

ADDRESSES: Send comments identified by docket number FAA-2015-1087 
using any of the following methods:
     Federal eRegulations Portal: Go to http://www.regulations.gov/ and follow the online instructions for sending 
your comments electronically.
     Mail: Send comments to Docket Operations, M-30, U.S. 
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room 
W12-140, West Building Ground Floor, Washington, DC, 20590-0001.
     Hand Delivery or Courier: Take comments to Docket 
Operations in Room W12-140 of the West Building Ground Floor at 1200 
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at 202-493-2251.
    Privacy: The FAA will post all comments it receives, without 
change, to http://www.regulations.gov/, including any personal 
information the commenter provides. Using the search function of the 
docket Web site, anyone can find and read the electronic form of all 
comments received into any FAA docket, including the name of the 
individual sending the comment (or signing the comment for an 
association, business, labor union, etc.). DOT's complete Privacy Act 
Statement can be found in the Federal Register published on April 11, 
2000 (65 FR 19477-19478), as well as at http://DocketsInfo.dot.gov/.
    Docket: Background documents or comments received may be read at 
http://www.regulations.gov/ at any time. Follow the online instructions 
for accessing the docket or go to the Docket Operations in Room W12-140 
of the West Building Ground Floor at 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Nazih Khaouly, FAA, Airplane and 
Flight Crew Interface Branch, ANM-111, Transport Airplane Directorate, 
Aircraft Certification Service, 1601 Lind Avenue SW., Renton, 
Washington 98057-3356; telephone 425-227-2432; facsimile 425-227-1149.

SUPPLEMENTARY INFORMATION: The FAA has determined that notice of, and 
opportunity for prior public comment on, these special conditions is 
impracticable because these procedures would significantly delay 
issuance of the design approval and thus delivery of the affected 
airplanes. In addition, the substance of these special conditions has 
been subject to the public comment process in several prior instances 
with no substantive comments received. The FAA therefore finds that 
good cause exists for making these special conditions effective upon 
publication in the Federal Register.

Comments Invited

    We invite interested people to take part in this rulemaking by 
sending written comments, data, or views. The most helpful comments 
reference a specific portion of the special conditions, explain the 
reason for any recommended change, and include supporting data.
    We will consider all comments we receive by the closing date for 
comments. We may change these special conditions based on the comments 
we receive.

Background

    On September 8, 2015, Avmax Aviation Services Inc. applied for a 
supplemental type certificate (STC) for the installation of 
rechargeable lithium batteries to replace the existing nickel-cadmium 
and lead-acid rechargeable batteries in Bombardier Model DHC-8-100/-
200/-300 series airplanes.
    The Model DHC-8-100/-200/-300 series airplanes are transport-
category, twin-engine turboprops with a maximum capacity of 37 (100 and 
200 series) or 50 (300 series) passengers and a maximum takeoff weight 
of 36,300 lbs (100 and 200 series) or 43,000 lbs (300 series).

Type Certification Basis

    Under the provisions of 14 CFR 21.101, Avmax must show that the 
Bombardier Model DHC-8-100/-200/-300 series airplanes, as changed, 
continue to meet the applicable provisions of the regulations 
incorporated by reference in Type Certificate No. A13NM, or the 
applicable regulations in effect on the date of application for the 
change. The regulations incorporated by reference in the type 
certificate are commonly referred to as the ``original type 
certification basis.''
    In addition, if the regulations incorporated by reference do not 
provide adequate standards regarding the change, the applicant must 
comply with certain regulations in effect on the date of application 
for the change.
    If the Administrator finds that the applicable airworthiness 
regulations (i.e., 14 CFR part 25) do not contain adequate or 
appropriate safety standards

[[Page 48320]]

for the Model DHC-8-100/-200/-300 series airplanes because of a novel 
or unusual design feature, special conditions are prescribed under the 
provisions of 14 CFR 21.16.
    Special conditions are initially applicable to the model for which 
they are issued. Should the applicant apply for an STC to modify any 
other model included on the same type certificate to incorporate the 
same novel or unusual design feature, the special conditions would also 
apply to the other model.
    In addition to the applicable airworthiness regulations and special 
conditions, the Model DHC-8-100/-200/-300 series airplanes must comply 
with the fuel-vent and exhaust-emission requirements of 14 CFR part 34, 
and the noise-certification requirements of 14 CFR part 36.
    The FAA issues special conditions, as defined in 14 CFR 11.19, 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 Bombardier Model DHC-8-100/-200/-300 series airplanes, as 
modified by Avmax, will incorporate the following novel or unusual 
design feature: Installed rechargeable lithium batteries and battery 
systems.
    Rechargeable lithium batteries are a novel or unusual design 
feature in transport-category airplanes. This type of battery has 
certain failure, operational, and maintenance characteristics that 
differ significantly from those of the nickel-cadmium and lead-acid 
rechargeable batteries currently approved for installation on 
transport-category airplanes.

Discussion

    The current regulations governing installation of batteries in 
large transport-category airplanes were derived from Civil Air 
Regulations (CAR) part 4b.625(d) as part of the re-codification of CAR 
4b that established 14 CFR part 25 in February 1965. The recodified 
battery requirements, Sec.  25.1353(c)(1) through (c)(4), basically 
reworded the CAR requirements.
    Increased use of nickel-cadmium batteries in small airplanes 
resulted in increased incidents of battery fires and failures that led 
to additional rulemaking affecting large transport-category airplanes 
as well as small airplanes. On September 1, 1977, and March 1, 1978, 
with Amendments 25-41 and 25-42, respectively, the FAA added paragraphs 
(c)(5) and (c)(6) to Sec.  25.1353, governing nickel-cadmium battery 
installations on large transport-category airplanes. On December 10, 
2007, Amendment 25-123 moved the contents of paragraph (b) in Sec.  
25.1353 to the new subpart H, resulting in the relocation of the 
regulations governing the installation of batteries in Sec.  25.1353 
from paragraph (c) to paragraph (b).
    The proposed use of rechargeable lithium batteries for equipment 
and systems on airplanes prompted the FAA to review the adequacy of 
these existing battery regulations. Our review indicates that the 
existing regulations do not adequately address several failure, 
operational, and maintenance characteristics of lithium batteries, 
which could affect the safety and reliability of the lithium battery 
installations.
    At present, the airplane industry has limited experience with the 
use of lithium batteries in applications involving commercial aviation. 
However, other users of this technology, ranging from wireless-
telephone manufacturers to the electric-vehicle industry, have noted 
safety problems with rechargeable lithium batteries. These problems 
include overcharging, over-discharging, and flammability of cell 
components.

1. Overcharging

    In general, lithium batteries are significantly more susceptible to 
internal failures that can result in self-sustaining increases in 
temperature and pressure (i.e., thermal runaway) than their nickel-
cadmium or lead-acid counterparts. This condition is especially true 
for overcharging, which causes heating and destabilization of the 
components of the cell, leading to the formation (by plating) of highly 
unstable metallic lithium. The metallic lithium can ignite, resulting 
in a self-sustaining fire or explosion. In addition, the severity of 
thermal runaway, due to overcharging, increases with increasing battery 
capacity due to the higher amount of electrolyte in large batteries.

2. Over-Discharging

    Discharge of some types of lithium battery cells beyond a certain 
voltage (typically 2.4 volts), can cause corrosion of the electrodes of 
the cell, resulting in loss of battery capacity that cannot be reversed 
by recharging. This loss of capacity may not be detected by the simple 
voltage measurements commonly available to flightcrews as a means of 
checking battery status--a problem shared with nickel-cadmium 
batteries.

3. Flammability of Cell Components

    Unlike nickel-cadmium and lead-acid batteries, some types of 
lithium batteries use liquid electrolytes that are flammable. The 
electrolyte can serve as a source of fuel for an external fire if there 
is a breach of the battery container.
    These problems, which users of lithium batteries experience, raise 
concerns about the use of these batteries in commercial aviation. The 
intent of these special conditions is to establish appropriate 
airworthiness standards for lithium battery installations in the 
Bombardier Model DHC-8-100/-200/-300 series airplanes and to ensure, as 
required in Sec. Sec.  25.601 and 25.1309, that these battery 
installations are not hazardous or unreliable.
    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.

Applicability

    As discussed above, these special conditions are applicable to 
Bombardier Model DHC-8-100/-200/-300 series airplanes as modified by 
Avmax. Should Avmax apply at a later date for a supplemental type 
certificate to modify any other model included on Type Certificate No. 
A13NM incorporating the same novel or unusual design feature, the 
special conditions would apply to that model as well.

Conclusion

    This action affects only certain novel or unusual design features 
on two model series of airplanes. It is not a rule of general 
applicability.
    The substance of these special conditions has been subjected to the 
notice and comment period in several prior instances and has been 
derived without substantive change from those previously issued. It is 
unlikely that prior public comment would result in a significant change 
from the substance contained herein. Therefore, because a delay would 
significantly affect the certification of the airplane, which is 
imminent, the FAA has determined that prior public notice and comment 
are unnecessary and impracticable, and good cause exists for adopting 
these special conditions upon publication in the Federal Register. The 
FAA is requesting comments to allow interested persons to submit views 
that may not have been submitted in response to the prior opportunities 
for comment described above.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping 
requirements.

    The authority citation for these special conditions is as follows:


[[Page 48321]]


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

The Special Conditions

0
Accordingly, pursuant to the authority delegated to me by the 
Administrator, the following special conditions are issued as part of 
the type certification basis for Bombardier Model DHC-8-100/-200/-300 
series airplanes modified by Avmax Aviation Services Inc.
    In lieu of the requirements of 14 CFR 25.1353(c)(1) through (c)(4) 
at Amendment 25-51, all rechargeable lithium batteries and battery 
systems on Model DHC-8-100/-200/-300 airplanes, as modified by Avmax 
Aviation Services Inc., must be designed and installed as follows:
    1. Safe cell temperatures and pressures must be maintained during 
any foreseeable charging or discharging condition and during any 
failure of the charging or battery monitoring system not shown to be 
extremely remote. The rechargeable lithium battery installation must 
preclude explosion in the event of those failures.
    2. Design of the rechargeable lithium batteries must preclude the 
occurrence of self-sustaining, uncontrolled increases in temperature or 
pressure.
    3. No explosive or toxic gases emitted by any rechargeable lithium 
battery in normal operation, or as the result of any failure of the 
battery charging system, monitoring system, or battery installation 
which is not shown to be extremely remote, may accumulate in hazardous 
quantities within the airplane.
    4. Installations of rechargeable lithium batteries must meet the 
requirements of Sec.  25.863(a) through (d).
    5. No corrosive fluids or gases that may escape from any 
rechargeable lithium battery may damage surrounding structure or any 
adjacent systems, equipment, or electrical wiring of the airplane in 
such a way as to cause a major or more-severe failure condition, in 
accordance with Sec.  25.1309(b) and applicable regulatory guidance.
    6. Each rechargeable lithium battery installation must have 
provisions to prevent any hazardous effect on structure or essential 
systems caused by the maximum amount of heat the battery can generate 
during a short circuit of the battery or of its individual cells.
    7. Lithium battery installations must have a system to control the 
charging rate of the battery automatically, designed to prevent battery 
overheating or overcharging, and,
    a. A battery-temperature sensing and over-temperature warning 
system with a means for automatically disconnecting the battery from 
its charging source in the event of an over-temperature condition, or,
    b. A battery-failure sensing and warning system with a means for 
automatically disconnecting the battery from its charging source in the 
event of battery failure.
    8. Any rechargeable lithium battery installation, the function of 
which is required for safe operation of the airplane, must incorporate 
a monitoring and warning feature that will provide an indication to the 
appropriate flight crewmembers whenever the state-of-charge of the 
batteries has fallen below levels considered acceptable for dispatch of 
the airplane.
    9. The instructions for continued airworthiness required by Sec.  
25.1529 must contain maintenance requirements to assure that the 
battery is sufficiently charged at appropriate intervals specified by 
the battery manufacturer and the equipment manufacturer that contain 
the rechargeable lithium battery or rechargeable lithium battery 
system. This is required to ensure that rechargeable lithium batteries 
and rechargeable lithium battery systems will not degrade below 
specified ampere-hour levels sufficient to power the airplane systems 
for intended applications. The instructions for continued airworthiness 
must also contain procedures for the maintenance of batteries in spares 
storage to prevent the replacement of batteries with batteries that 
have experienced degraded charge retention ability or other damage due 
to prolonged storage at a low state of charge. Replacement batteries 
must be of the same manufacturer and part number as approved by the 
FAA. Precautions should be included, in the instructions for continued 
airworthiness maintenance instructions, to prevent mishandling of the 
rechargeable lithium battery and rechargeable lithium battery systems, 
which could result in short-circuit, or other unintentional impact 
damage caused by dropping batteries or other destructive means that 
could result in personal injury or property damage.

    Note 1:  The term ``sufficiently charged'' means that the 
battery will retain enough of a charge, expressed in ampere-hours, 
to ensure that the battery cells will not be damaged. A battery cell 
may be damaged by lowering the charge below a point where the 
battery experiences a reduction in the ability to charge and retain 
a full charge. This reduction would be greater than the reduction 
that may result from normal operational degradation.


    Note 2:  These special conditions are not intended to replace 
Sec.  25.1353(c) in the certification basis of Bombardier Model DHC-
8-100/-200/-300 series airplanes. These special conditions apply 
only to rechargeable lithium batteries and lithium battery systems 
and their installations on Bombardier Model DHC-8-100/-200/-300 
series airplanes, as modified by Avmax. The requirements of Sec.  
25.1353(c) remain in effect for batteries and battery installations 
on Bombardier Model DHC-8-100/-200/-300 series airplanes that do not 
use lithium batteries.


    Issued in Renton, Washington, on July 15, 2016.
Michael Kaszycki,
Assistant Manager, Transport Airplane Directorate, Aircraft 
Certification Service.
[FR Doc. 2016-17428 Filed 7-22-16; 8:45 am]
 BILLING CODE 4910-13-P



                                                                                                                                                                                                   48319

                                                  Rules and Regulations                                                                                          Federal Register
                                                                                                                                                                 Vol. 81, No. 142

                                                                                                                                                                 Monday, July 25, 2016



                                                  This section of the FEDERAL REGISTER                       • Mail: Send comments to Docket                     FAA therefore finds that good cause
                                                  contains regulatory documents having general             Operations, M–30, U.S. Department of                  exists for making these special
                                                  applicability and legal effect, most of which            Transportation (DOT), 1200 New Jersey                 conditions effective upon publication in
                                                  are keyed to and codified in the Code of                 Avenue SE., Room W12–140, West                        the Federal Register.
                                                  Federal Regulations, which is published under            Building Ground Floor, Washington,
                                                  50 titles pursuant to 44 U.S.C. 1510.                                                                          Comments Invited
                                                                                                           DC, 20590–0001.
                                                  The Code of Federal Regulations is sold by                 • Hand Delivery or Courier: Take                      We invite interested people to take
                                                  the Superintendent of Documents. Prices of               comments to Docket Operations in                      part in this rulemaking by sending
                                                  new books are listed in the first FEDERAL                Room W12–140 of the West Building                     written comments, data, or views. The
                                                  REGISTER issue of each week.                             Ground Floor at 1200 New Jersey                       most helpful comments reference a
                                                                                                           Avenue SE., Washington, DC, between 9                 specific portion of the special
                                                                                                           a.m. and 5 p.m., Monday through                       conditions, explain the reason for any
                                                  DEPARTMENT OF TRANSPORTATION                             Friday, except Federal holidays.                      recommended change, and include
                                                                                                             • Fax: Fax comments to Docket                       supporting data.
                                                  Federal Aviation Administration                          Operations at 202–493–2251.                             We will consider all comments we
                                                                                                              Privacy: The FAA will post all                     receive by the closing date for
                                                  14 CFR Part 25                                           comments it receives, without change,                 comments. We may change these special
                                                  [Docket No. FAA–2015–1087; Special                       to http://www.regulations.gov/,                       conditions based on the comments we
                                                  Conditions No. 25–622–SC]                                including any personal information the                receive.
                                                                                                           commenter provides. Using the search                  Background
                                                  Special Conditions: Avmax Aviation                       function of the docket Web site, anyone
                                                  Services Inc., Bombardier Model DHC–                     can find and read the electronic form of                On September 8, 2015, Avmax
                                                  8–100/–200/–300 Series Airplanes;                        all comments received into any FAA                    Aviation Services Inc. applied for a
                                                  Installed Rechargeable Lithium                           docket, including the name of the                     supplemental type certificate (STC) for
                                                  Batteries and Battery Systems                            individual sending the comment (or                    the installation of rechargeable lithium
                                                                                                           signing the comment for an association,               batteries to replace the existing nickel-
                                                  AGENCY:  Federal Aviation                                                                                      cadmium and lead-acid rechargeable
                                                  Administration (FAA), DOT.                               business, labor union, etc.). DOT’s
                                                                                                           complete Privacy Act Statement can                    batteries in Bombardier Model DHC–8–
                                                  ACTION: Final special conditions;                                                                              100/–200/–300 series airplanes.
                                                                                                           be found in the Federal Register
                                                  request for comments.                                                                                            The Model DHC–8–100/–200/–300
                                                                                                           published on April 11, 2000 (65 FR
                                                                                                           19477–19478), as well as at http://                   series airplanes are transport-category,
                                                  SUMMARY:   These special conditions are
                                                                                                           DocketsInfo.dot.gov/.                                 twin-engine turboprops with a
                                                  issued for the Bombardier Model DHC–
                                                                                                              Docket: Background documents or                    maximum capacity of 37 (100 and 200
                                                  8–100/–200/–300 series airplanes. These
                                                                                                           comments received may be read at                      series) or 50 (300 series) passengers and
                                                  airplanes, as modified by Avmax
                                                                                                           http://www.regulations.gov/ at any time.              a maximum takeoff weight of 36,300 lbs
                                                  Aviation Services Inc. (Avmax), will
                                                                                                           Follow the online instructions for                    (100 and 200 series) or 43,000 lbs (300
                                                  have a novel or unusual design feature
                                                                                                           accessing the docket or go to the Docket              series).
                                                  when compared to the state of
                                                  technology envisioned in the                             Operations in Room W12–140 of the                     Type Certification Basis
                                                  airworthiness standards for transport-                   West Building Ground Floor at 1200                       Under the provisions of 14 CFR
                                                  category airplanes. This design feature                  New Jersey Avenue SE., Washington,                    21.101, Avmax must show that the
                                                  is rechargeable lithium batteries to                     DC, between 9 a.m. and 5 p.m., Monday                 Bombardier Model DHC–8–100/–200/–
                                                  replace the existing nickel-cadmium                      through Friday, except Federal holidays.              300 series airplanes, as changed,
                                                  and lead-acid rechargeable batteries.                    FOR FURTHER INFORMATION CONTACT:                      continue to meet the applicable
                                                  The applicable airworthiness                             Nazih Khaouly, FAA, Airplane and                      provisions of the regulations
                                                  regulations do not contain adequate or                   Flight Crew Interface Branch, ANM–                    incorporated by reference in Type
                                                  appropriate safety standards for these                   111, Transport Airplane Directorate,                  Certificate No. A13NM, or the
                                                  design features. These special                           Aircraft Certification Service, 1601 Lind             applicable regulations in effect on the
                                                  conditions contain the additional safety                 Avenue SW., Renton, Washington                        date of application for the change. The
                                                  standards that the Administrator                         98057–3356; telephone 425–227–2432;                   regulations incorporated by reference in
                                                  considers necessary to establish a level                 facsimile 425–227–1149.                               the type certificate are commonly
                                                  of safety equivalent to that established                 SUPPLEMENTARY INFORMATION: The FAA                    referred to as the ‘‘original type
                                                  by the existing airworthiness standards.                 has determined that notice of, and                    certification basis.’’
                                                  DATES: This action is effective on                       opportunity for prior public comment                     In addition, if the regulations
                                                  Avmax July 25, 2016. We must receive                     on, these special conditions is                       incorporated by reference do not
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  your comments by September 8, 2016.                      impracticable because these procedures                provide adequate standards regarding
                                                  ADDRESSES: Send comments identified                      would significantly delay issuance of                 the change, the applicant must comply
                                                  by docket number FAA–2015–1087                           the design approval and thus delivery of              with certain regulations in effect on the
                                                  using any of the following methods:                      the affected airplanes. In addition, the              date of application for the change.
                                                     • Federal eRegulations Portal: Go to                  substance of these special conditions                    If the Administrator finds that the
                                                  http://www.regulations.gov/ and follow                   has been subject to the public comment                applicable airworthiness regulations
                                                  the online instructions for sending your                 process in several prior instances with               (i.e., 14 CFR part 25) do not contain
                                                  comments electronically.                                 no substantive comments received. The                 adequate or appropriate safety standards


                                             VerDate Sep<11>2014   17:30 Jul 22, 2016   Jkt 238001   PO 00000   Frm 00001   Fmt 4700   Sfmt 4700   E:\FR\FM\25JYR1.SGM   25JYR1


                                                  48320               Federal Register / Vol. 81, No. 142 / Monday, July 25, 2016 / Rules and Regulations

                                                  for the Model DHC–8–100/–200/–300                        2007, Amendment 25–123 moved the                      flammable. The electrolyte can serve as
                                                  series airplanes because of a novel or                   contents of paragraph (b) in § 25.1353 to             a source of fuel for an external fire if
                                                  unusual design feature, special                          the new subpart H, resulting in the                   there is a breach of the battery
                                                  conditions are prescribed under the                      relocation of the regulations governing               container.
                                                  provisions of 14 CFR 21.16.                              the installation of batteries in § 25.1353               These problems, which users of
                                                    Special conditions are initially                       from paragraph (c) to paragraph (b).                  lithium batteries experience, raise
                                                  applicable to the model for which they                      The proposed use of rechargeable                   concerns about the use of these batteries
                                                  are issued. Should the applicant apply                   lithium batteries for equipment and                   in commercial aviation. The intent of
                                                  for an STC to modify any other model                     systems on airplanes prompted the FAA                 these special conditions is to establish
                                                  included on the same type certificate to                 to review the adequacy of these existing              appropriate airworthiness standards for
                                                  incorporate the same novel or unusual                    battery regulations. Our review                       lithium battery installations in the
                                                  design feature, the special conditions                   indicates that the existing regulations do            Bombardier Model DHC–8–100/–200/–
                                                  would also apply to the other model.                     not adequately address several failure,               300 series airplanes and to ensure, as
                                                    In addition to the applicable                          operational, and maintenance                          required in §§ 25.601 and 25.1309, that
                                                  airworthiness regulations and special                    characteristics of lithium batteries,                 these battery installations are not
                                                  conditions, the Model DHC–8–100/–                        which could affect the safety and                     hazardous or unreliable.
                                                  200/–300 series airplanes must comply                    reliability of the lithium battery                       These special conditions contain the
                                                  with the fuel-vent and exhaust-emission                  installations.                                        additional safety standards that the
                                                  requirements of 14 CFR part 34, and the                     At present, the airplane industry has              Administrator considers necessary to
                                                  noise-certification requirements of 14                   limited experience with the use of                    establish a level of safety equivalent to
                                                  CFR part 36.                                             lithium batteries in applications                     that established by the existing
                                                    The FAA issues special conditions, as                  involving commercial aviation.                        airworthiness standards.
                                                  defined in 14 CFR 11.19, in accordance                   However, other users of this technology,              Applicability
                                                  with § 11.38, and they become part of                    ranging from wireless-telephone
                                                  the type certification basis under                       manufacturers to the electric-vehicle                    As discussed above, these special
                                                  § 21.101.                                                industry, have noted safety problems                  conditions are applicable to Bombardier
                                                                                                           with rechargeable lithium batteries.                  Model DHC–8–100/–200/–300 series
                                                  Novel or Unusual Design Features                                                                               airplanes as modified by Avmax.
                                                                                                           These problems include overcharging,
                                                     The Bombardier Model DHC–8–100/–                      over-discharging, and flammability of                 Should Avmax apply at a later date for
                                                  200/–300 series airplanes, as modified                   cell components.                                      a supplemental type certificate to
                                                  by Avmax, will incorporate the                                                                                 modify any other model included on
                                                  following novel or unusual design                        1. Overcharging                                       Type Certificate No. A13NM
                                                  feature: Installed rechargeable lithium                     In general, lithium batteries are                  incorporating the same novel or unusual
                                                  batteries and battery systems.                           significantly more susceptible to                     design feature, the special conditions
                                                     Rechargeable lithium batteries are a                  internal failures that can result in self-            would apply to that model as well.
                                                  novel or unusual design feature in                       sustaining increases in temperature and               Conclusion
                                                  transport-category airplanes. This type                  pressure (i.e., thermal runaway) than
                                                  of battery has certain failure,                          their nickel-cadmium or lead-acid                       This action affects only certain novel
                                                  operational, and maintenance                             counterparts. This condition is                       or unusual design features on two
                                                  characteristics that differ significantly                especially true for overcharging, which               model series of airplanes. It is not a rule
                                                  from those of the nickel-cadmium and                     causes heating and destabilization of the             of general applicability.
                                                  lead-acid rechargeable batteries                         components of the cell, leading to the                  The substance of these special
                                                  currently approved for installation on                   formation (by plating) of highly unstable             conditions has been subjected to the
                                                  transport-category airplanes.                            metallic lithium. The metallic lithium                notice and comment period in several
                                                                                                           can ignite, resulting in a self-sustaining            prior instances and has been derived
                                                  Discussion                                                                                                     without substantive change from those
                                                                                                           fire or explosion. In addition, the
                                                     The current regulations governing                     severity of thermal runaway, due to                   previously issued. It is unlikely that
                                                  installation of batteries in large                       overcharging, increases with increasing               prior public comment would result in a
                                                  transport-category airplanes were                        battery capacity due to the higher                    significant change from the substance
                                                  derived from Civil Air Regulations                       amount of electrolyte in large batteries.             contained herein. Therefore, because a
                                                  (CAR) part 4b.625(d) as part of the re-                                                                        delay would significantly affect the
                                                  codification of CAR 4b that established                  2. Over-Discharging                                   certification of the airplane, which is
                                                  14 CFR part 25 in February 1965. The                        Discharge of some types of lithium                 imminent, the FAA has determined that
                                                  recodified battery requirements,                         battery cells beyond a certain voltage                prior public notice and comment are
                                                  § 25.1353(c)(1) through (c)(4), basically                (typically 2.4 volts), can cause corrosion            unnecessary and impracticable, and
                                                  reworded the CAR requirements.                           of the electrodes of the cell, resulting in           good cause exists for adopting these
                                                     Increased use of nickel-cadmium                       loss of battery capacity that cannot be               special conditions upon publication in
                                                  batteries in small airplanes resulted in                 reversed by recharging. This loss of                  the Federal Register. The FAA is
                                                  increased incidents of battery fires and                 capacity may not be detected by the                   requesting comments to allow interested
                                                  failures that led to additional                          simple voltage measurements                           persons to submit views that may not
                                                  rulemaking affecting large transport-                    commonly available to flightcrews as a                have been submitted in response to the
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                                                  category airplanes as well as small                      means of checking battery status—a                    prior opportunities for comment
                                                  airplanes. On September 1, 1977, and                     problem shared with nickel-cadmium                    described above.
                                                  March 1, 1978, with Amendments 25–                       batteries.                                            List of Subjects in 14 CFR Part 25
                                                  41 and 25–42, respectively, the FAA
                                                  added paragraphs (c)(5) and (c)(6) to                    3. Flammability of Cell Components                      Aircraft, Aviation safety, Reporting
                                                  § 25.1353, governing nickel-cadmium                         Unlike nickel-cadmium and lead-acid                and recordkeeping requirements.
                                                  battery installations on large transport-                batteries, some types of lithium batteries              The authority citation for these
                                                  category airplanes. On December 10,                      use liquid electrolytes that are                      special conditions is as follows:


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                                                                      Federal Register / Vol. 81, No. 142 / Monday, July 25, 2016 / Rules and Regulations                                                48321

                                                    Authority: 49 U.S.C. 106(g), 40113, 44701,                a. A battery-temperature sensing and               reduction that may result from normal
                                                  44702, 44704.                                            over-temperature warning system with a                operational degradation.
                                                  The Special Conditions                                   means for automatically disconnecting
                                                                                                                                                                   Note 2: These special conditions are not
                                                                                                           the battery from its charging source in               intended to replace § 25.1353(c) in the
                                                  ■  Accordingly, pursuant to the authority                the event of an over-temperature                      certification basis of Bombardier Model
                                                  delegated to me by the Administrator,                    condition, or,                                        DHC–8–100/–200/–300 series airplanes.
                                                  the following special conditions are                        b. A battery-failure sensing and                   These special conditions apply only to
                                                  issued as part of the type certification                 warning system with a means for                       rechargeable lithium batteries and lithium
                                                  basis for Bombardier Model DHC–8–                        automatically disconnecting the battery               battery systems and their installations on
                                                  100/–200/–300 series airplanes                                                                                 Bombardier Model DHC–8–100/–200/–300
                                                                                                           from its charging source in the event of
                                                  modified by Avmax Aviation Services                                                                            series airplanes, as modified by Avmax. The
                                                                                                           battery failure.                                      requirements of § 25.1353(c) remain in effect
                                                  Inc.
                                                                                                              8. Any rechargeable lithium battery                for batteries and battery installations on
                                                     In lieu of the requirements of 14 CFR
                                                                                                           installation, the function of which is                Bombardier Model DHC–8–100/–200/–300
                                                  25.1353(c)(1) through (c)(4) at                                                                                series airplanes that do not use lithium
                                                                                                           required for safe operation of the
                                                  Amendment 25–51, all rechargeable                                                                              batteries.
                                                                                                           airplane, must incorporate a monitoring
                                                  lithium batteries and battery systems on
                                                                                                           and warning feature that will provide an                Issued in Renton, Washington, on July 15,
                                                  Model DHC–8–100/–200/–300
                                                                                                           indication to the appropriate flight                  2016.
                                                  airplanes, as modified by Avmax
                                                                                                           crewmembers whenever the state-of-                    Michael Kaszycki,
                                                  Aviation Services Inc., must be designed
                                                                                                           charge of the batteries has fallen below
                                                  and installed as follows:                                                                                      Assistant Manager, Transport Airplane
                                                                                                           levels considered acceptable for                      Directorate, Aircraft Certification Service.
                                                     1. Safe cell temperatures and                         dispatch of the airplane.
                                                  pressures must be maintained during                                                                            [FR Doc. 2016–17428 Filed 7–22–16; 8:45 am]
                                                  any foreseeable charging or discharging                     9. The instructions for continued                  BILLING CODE 4910–13–P
                                                  condition and during any failure of the                  airworthiness required by § 25.1529
                                                  charging or battery monitoring system                    must contain maintenance requirements
                                                  not shown to be extremely remote. The                    to assure that the battery is sufficiently            DEPARTMENT OF TRANSPORTATION
                                                  rechargeable lithium battery installation                charged at appropriate intervals
                                                  must preclude explosion in the event of                  specified by the battery manufacturer                 Federal Aviation Administration
                                                  those failures.                                          and the equipment manufacturer that
                                                     2. Design of the rechargeable lithium                 contain the rechargeable lithium battery              14 CFR Part 39
                                                  batteries must preclude the occurrence                   or rechargeable lithium battery system.
                                                                                                           This is required to ensure that                       [Docket No. FAA–2012–1289; Directorate
                                                  of self-sustaining, uncontrolled                                                                               Identifier 2012–NE–43–AD; Amendment 39–
                                                  increases in temperature or pressure.                    rechargeable lithium batteries and                    18591; AD 2016–14–10]
                                                     3. No explosive or toxic gases emitted                rechargeable lithium battery systems
                                                  by any rechargeable lithium battery in                   will not degrade below specified                      RIN 2120–AA64
                                                  normal operation, or as the result of any                ampere-hour levels sufficient to power
                                                                                                           the airplane systems for intended                     Airworthiness Directives; CFM
                                                  failure of the battery charging system,                                                                        International, S.A. Turbofan Engines
                                                  monitoring system, or battery                            applications. The instructions for
                                                                                                           continued airworthiness must also                     Modified by Supplemental Type
                                                  installation which is not shown to be                                                                          Certificate SE00034EN
                                                  extremely remote, may accumulate in                      contain procedures for the maintenance
                                                  hazardous quantities within the                          of batteries in spares storage to prevent             AGENCY:  Federal Aviation
                                                  airplane.                                                the replacement of batteries with                     Administration (FAA), DOT.
                                                     4. Installations of rechargeable                      batteries that have experienced
                                                                                                                                                                 ACTION: Final rule; request for
                                                  lithium batteries must meet the                          degraded charge retention ability or
                                                                                                           other damage due to prolonged storage                 comments.
                                                  requirements of § 25.863(a) through (d).
                                                     5. No corrosive fluids or gases that                  at a low state of charge. Replacement                 SUMMARY:   We are superseding
                                                  may escape from any rechargeable                         batteries must be of the same                         airworthiness directive (AD) 2013–02–
                                                  lithium battery may damage                               manufacturer and part number as                       02 for certain CFM International, S.A.
                                                  surrounding structure or any adjacent                    approved by the FAA. Precautions                      CFM56–3, CFM56–3B, and CFM56–3C
                                                  systems, equipment, or electrical wiring                 should be included, in the instructions               turbofan engines. AD 2013–02–02
                                                  of the airplane in such a way as to cause                for continued airworthiness                           required removal from service of certain
                                                  a major or more-severe failure                           maintenance instructions, to prevent                  high-pressure turbine (HPT) disks
                                                  condition, in accordance with                            mishandling of the rechargeable lithium               manufactured by Global Material
                                                  § 25.1309(b) and applicable regulatory                   battery and rechargeable lithium battery              Solutions of Pratt & Whitney, at reduced
                                                  guidance.                                                systems, which could result in short-                 maximum life limits. This AD corrects
                                                                                                           circuit, or other unintentional impact                the serial numbers (S/Ns) listed in AD
                                                     6. Each rechargeable lithium battery
                                                                                                           damage caused by dropping batteries or                2013–02–02. This AD was prompted by
                                                  installation must have provisions to
                                                                                                           other destructive means that could                    reports that certain HPT disk S/Ns in
                                                  prevent any hazardous effect on
                                                                                                           result in personal injury or property                 AD 2013–02–02 and in certain Pratt &
                                                  structure or essential systems caused by
                                                                                                           damage.                                               Whitney service information are
                                                  the maximum amount of heat the
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                                                  battery can generate during a short                        Note 1: The term ‘‘sufficiently charged’’           incorrect. We are issuing this AD to
                                                  circuit of the battery or of its individual              means that the battery will retain enough of          prevent uncontained release of multiple
                                                  cells.                                                   a charge, expressed in ampere-hours, to               turbine blades, damage to the engine,
                                                                                                           ensure that the battery cells will not be             and damage to the airplane.
                                                     7. Lithium battery installations must                 damaged. A battery cell may be damaged by
                                                  have a system to control the charging                    lowering the charge below a point where the           DATES: This AD is effective August 9,
                                                  rate of the battery automatically,                       battery experiences a reduction in the ability        2016.
                                                  designed to prevent battery overheating                  to charge and retain a full charge. This                The Director of the Federal Register
                                                  or overcharging, and,                                    reduction would be greater than the                   approved the incorporation by reference


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Document Created: 2016-07-23 02:00:24
Document Modified: 2016-07-23 02:00:24
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal special conditions; request for comments.
DatesThis action is effective on Avmax July 25, 2016. We must receive your comments by September 8, 2016.
ContactNazih Khaouly, FAA, Airplane and Flight Crew Interface Branch, ANM-111, Transport Airplane Directorate, Aircraft Certification Service, 1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone 425-227-2432; facsimile 425-227-1149.
FR Citation81 FR 48319 
CFR AssociatedAircraft; Aviation Safety and Reporting and Recordkeeping Requirements

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