81_FR_7277 81 FR 7249 - Special Conditions: The Boeing Company, Boeing Model 737-8 Airplane; Non-Rechargeable Lithium Battery Installations

81 FR 7249 - Special Conditions: The Boeing Company, Boeing Model 737-8 Airplane; Non-Rechargeable Lithium Battery Installations

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 81, Issue 28 (February 11, 2016)

Page Range7249-7251
FR Document2016-02761

This action proposes special conditions for the Boeing Model 737-8 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 28 (Thursday, February 11, 2016)
[Federal Register Volume 81, Number 28 (Thursday, February 11, 2016)]
[Proposed Rules]
[Pages 7249-7251]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-02761]


========================================================================
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. 28 / Thursday, February 11, 2016 / 
Proposed Rules

[[Page 7249]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2015-5758; Notice No. 25-16-02-SC]


Special Conditions: The Boeing Company, Boeing Model 737-8 
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 
737-8 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 28, 2016.

ADDRESSES: Send comments identified by docket number FAA-2015-5758 
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:

Future Requests for Installation of Non-Rechargeable Lithium Batteries

    The FAA anticipates that non-rechargeable lithium batteries will be 
installed in other makes and models of airplanes. We have made the 
determination to require special conditions for all applications 
requesting the installation of non-rechargeable lithium batteries until 
the airworthiness requirements can be revised to address this issue. 
Having the same standards across the range of all transport-airplane 
makes and models will ensure regulatory consistency for the aviation 
industry.

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 27, 2012, The Boeing Company applied for an amendment to 
Type Certificate No. A16WE to include a new Model 737-8 airplane. The 
Model 737-8 airplane is a narrow-body, transport-category airplane that 
is a derivative of the Model 737-800 airplane with two CFM LEAP-1B 
wing-mounted engines.
    The Model 737-8 airplane will include non-rechargeable lithium 
batteries. The current battery requirements in Title 14, Code of 
Federal Regulations (14 CFR) part 25 are inadequate for addressing an 
airplane with lithium batteries.

Type Certification Basis

    Under the provisions of 14 CFR 21.101, The Boeing Company must show 
that the Model 737-8 airplane meets the applicable provisions of the 
regulations listed in Type Certificate A16WE 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. A16WE are 14 CFR part 25 effective February 1, 1965 
including Amendments 25-1 through 25-77 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. A16WE 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 737-8 airplane

[[Page 7250]]

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 737-8 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 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 737-8 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

[[Page 7251]]

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.
    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 
Boeing Model 737-8 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.

0
The authority citation for these special conditions continues to read 
as follows:

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

The Proposed Special Conditions

0
Accordingly, the FAA proposes the following special conditions as part 
of the type certification basis for Boeing Model 737-8 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 February 4, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-02761 Filed 2-10-16; 8:45 am]
 BILLING CODE 4910-13-P



                                                                                                                                                                                                     7249

                                                    Proposed Rules                                                                                                Federal Register
                                                                                                                                                                  Vol. 81, No. 28

                                                                                                                                                                  Thursday, February 11, 2016



                                                    This section of the FEDERAL REGISTER                    Ground Floor at 1200 New Jersey                       Comments Invited
                                                    contains notices to the public of the proposed          Avenue SE., Washington, DC, between 9
                                                    issuance of rules and regulations. The
                                                                                                                                                                    We invite interested people to take
                                                                                                            a.m. and 5 p.m., Monday through                       part in this rulemaking by sending
                                                    purpose of these notices is to give interested          Friday, except Federal holidays.
                                                    persons an opportunity to participate in the                                                                  written comments, data, or views. The
                                                    rule making prior to the adoption of the final            • Fax: Fax comments to Docket                       most helpful comments reference a
                                                    rules.                                                  Operations at 202–493–2251.                           specific portion of the special
                                                                                                               Privacy: The FAA will post all                     conditions, explain the reason for any
                                                                                                            comments it receives, without change,                 recommended change, and include
                                                    DEPARTMENT OF TRANSPORTATION                                                                                  supporting data.
                                                                                                            to http://www.regulations.gov/,
                                                                                                                                                                    We will consider all comments we
                                                    Federal Aviation Administration                         including any personal information the
                                                                                                                                                                  receive by the closing date for
                                                                                                            commenter provides. Using the search
                                                                                                                                                                  comments. We may change these special
                                                    14 CFR Part 25                                          function of the docket Web site, anyone
                                                                                                                                                                  conditions based on the comments we
                                                                                                            can find and read the electronic form of
                                                    [Docket No. FAA–2015–5758; Notice No. 25–                                                                     receive.
                                                                                                            all comments received into any FAA
                                                    16–02–SC]
                                                                                                            docket, including the name of the                     Background
                                                    Special Conditions: The Boeing                          individual sending the comment (or                       On January 27, 2012, The Boeing
                                                    Company, Boeing Model 737–8                             signing the comment for an association,               Company applied for an amendment to
                                                    Airplane; Non-Rechargeable Lithium                      business, labor union, etc.). DOT’s                   Type Certificate No. A16WE to include
                                                    Battery Installations                                   complete Privacy Act Statement can be                 a new Model 737–8 airplane. The Model
                                                                                                            found in the Federal Register published               737–8 airplane is a narrow-body,
                                                    AGENCY: Federal Aviation                                on April 11, 2000 (65 FR 19477–19478),                transport-category airplane that is a
                                                    Administration (FAA), DOT.                              as well as at http://DocketsInfo.dot                  derivative of the Model 737–800
                                                    ACTION: Notice of proposed special                      .gov/.                                                airplane with two CFM LEAP–1B wing-
                                                    conditions.                                                Docket: Background documents or                    mounted engines.
                                                                                                            comments received may be read at                         The Model 737–8 airplane will
                                                    SUMMARY:   This action proposes special
                                                                                                            http://www.regulations.gov/ at any time.              include non-rechargeable lithium
                                                    conditions for the Boeing Model 737–8
                                                                                                            Follow the online instructions for                    batteries. The current battery
                                                    airplane. This airplane will have a novel
                                                                                                            accessing the docket or go to Docket                  requirements in Title 14, Code of
                                                    or unusual design feature when
                                                                                                            Operations in Room W12–140 of the                     Federal Regulations (14 CFR) part 25 are
                                                    compared to the state of technology
                                                                                                            West Building Ground Floor at 1200                    inadequate for addressing an airplane
                                                    envisioned in the airworthiness
                                                                                                            New Jersey Avenue SE., Washington,                    with lithium batteries.
                                                    standards for transport-category
                                                    airplanes. This design feature is non-                  DC, between 9 a.m. and 5 p.m., Monday                 Type Certification Basis
                                                    rechargeable lithium battery systems.                   through Friday, except Federal holidays.
                                                                                                                                                                     Under the provisions of 14 CFR
                                                    The applicable airworthiness                            FOR FURTHER INFORMATION CONTACT:                      21.101, The Boeing Company must
                                                    regulations do not contain adequate or                  Nazih Khaouly, Airplane and Flight                    show that the Model 737–8 airplane
                                                    appropriate safety standards for this                   Crew Interface Branch, ANM–111,                       meets the applicable provisions of the
                                                    design feature. These proposed special                  Transport Airplane Directorate, Aircraft              regulations listed in Type Certificate
                                                    conditions contain the additional safety                Certification Service, 1601 Lind Avenue               A16WE or the applicable regulations in
                                                    standards that the Administrator                        SW., Renton, Washington, 98057–3356;                  effect on the date of application for the
                                                    considers necessary to establish a level                telephone 425–227–2432; facsimile                     change, except for earlier amendments
                                                    of safety equivalent to that established                425–227–1149.                                         as agreed upon by the FAA. The
                                                    by the existing airworthiness standards.                                                                      regulations listed in the type certificate
                                                    DATES: Send your comments on or                         SUPPLEMENTARY INFORMATION:
                                                                                                                                                                  are commonly referred to as the
                                                    before March 28, 2016.                                  Future Requests for Installation of Non-              ‘‘original type certification basis.’’ The
                                                    ADDRESSES: Send comments identified                     Rechargeable Lithium Batteries                        regulations listed in Type Certificate No.
                                                    by docket number FAA–2015–5758                                                                                A16WE are 14 CFR part 25 effective
                                                    using any of the following methods:                        The FAA anticipates that non-                      February 1, 1965 including
                                                      • Federal eRegulations Portal: Go to                  rechargeable lithium batteries will be                Amendments 25–1 through 25–77 with
                                                    http://www.regulations.gov/ and follow                  installed in other makes and models of                exceptions listed in the type certificate.
                                                    the online instructions for sending your                airplanes. We have made the                           In addition, the certification basis
                                                    comments electronically.                                determination to require special                      includes other regulations, special
                                                      • Mail: Send comments to Docket                       conditions for all applications                       conditions, and exemptions that are not
jstallworth on DSK7TPTVN1PROD with PROPOSALS




                                                    Operations, M–30, U.S. Department of                    requesting the installation of non-                   relevant to these proposed special
                                                    Transportation (DOT), 1200 New Jersey                   rechargeable lithium batteries until the              conditions. Type Certificate No. A16WE
                                                    Avenue SE., Room W12–140, West                          airworthiness requirements can be                     will be updated to include a complete
                                                    Building Ground Floor, Washington,                      revised to address this issue. Having the             description of the certification basis for
                                                    DC, 20590–0001.                                         same standards across the range of all                this airplane model.
                                                      • Hand Delivery or Courier: Take                      transport-airplane makes and models                      In addition to the applicable
                                                    comments to Docket Operations in                        will ensure regulatory consistency for                airworthiness regulations and special
                                                    Room W12–140 of the West Building                       the aviation industry.                                conditions, the Model 737–8 airplane


                                               VerDate Sep<11>2014   14:10 Feb 10, 2016   Jkt 238001   PO 00000   Frm 00001   Fmt 4702   Sfmt 4702   E:\FR\FM\11FEP1.SGM   11FEP1


                                                    7250                  Federal Register / Vol. 81, No. 28 / Thursday, February 11, 2016 / Proposed Rules

                                                    must comply with the fuel-vent and                      prompted the FAA to initiate a broad                  energy and current in an
                                                    exhaust-emission requirements of 14                     evaluation of these energy-storage                    electrochemical system that can be
                                                    CFR part 34, and the noise-certification                technologies. In January 2013, two                    configured to maximize energy storage
                                                    requirements of 14 CFR part 36.                         independent events involving                          of lithium. They also use liquid
                                                       If the Administrator finds that the                  rechargeable lithium-ion batteries                    electrolytes that can be extremely
                                                    applicable airworthiness regulations                    demonstrated unanticipated failure                    flammable. The electrolyte, as well as
                                                    (i.e., 14 CFR part 25) do not contain                   modes. A National Transportation                      the electrodes, can serve as a source of
                                                    adequate or appropriate safety standards                Safety Board (NTSB) letter to the FAA,                fuel for an external fire if the battery
                                                    for the Model 737–8 airplane because of                 dated May 22, 2014, which is available                casing is breached.
                                                    a novel or unusual design feature,                      at http://www.ntsb.gov, filename A–14–                   Proposed Special Condition 1 requires
                                                    special conditions are prescribed under                 032–036.pdf, describes these events.                  that each individual cell within a
                                                    the provisions of § 21.16.                                 On July 12, 2013, an event involving               battery be designed to maintain safe
                                                       Special conditions are initially                     a non-rechargeable lithium battery, in                temperatures and pressures. Proposed
                                                    applicable to the model for which they                  an emergency locator transmitter                      Special Condition 2 addresses these
                                                    are issued. Should the type certificate                 installation, demonstrated                            same issues but for the entire battery.
                                                    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                                                                           10 are self-explanatory, and the FAA
                                                                                                            communications equipment, including
                                                    battery and any protective, monitoring                                                                        does not provide further explanation for
                                                                                                            life rafts, escape slides, seatbelt air bags,         them at this time.
                                                    and alerting circuitry or hardware inside
                                                                                                            cabin management systems, Ethernet                       The FAA proposes Special Condition
                                                    or outside of the battery and venting
                                                                                                            switches, routers and media servers,                  4 to make it clear that the flammable-
                                                    capability where necessary. For the
                                                                                                            wireless systems, internet and in-flight              fluid fire-protection requirements of
                                                    purpose of these special conditions, we
                                                                                                            entertainment systems, satellite                      § 25.863 apply to non-rechargeable
                                                    refer to a battery and battery system as
                                                                                                            televisions, remotes, and handsets;                   lithium battery installations. Section
                                                    a battery. The Model 737–8 airplane
                                                                                                               • Systems in cargo areas including                 25.863 is applicable to areas of the
                                                    will incorporate non-rechargeable
                                                                                                            door controls, sensors, video                         airplane that could be exposed to
                                                    lithium batteries, which are novel or
                                                                                                            surveillance equipment, and security                  flammable fluid leakage from airplane
                                                    unusual design features.
                                                                                                            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                                                                      generate due to any failure of it or its
                                                                                                               Fast discharging or an imbalanced
                                                    higher energy levels into airplane                                                                            individual cells. The means of meeting
                                                                                                            discharge of one cell of a multi-cell
                                                    systems through new chemical                                                                                  these proposed special conditions may
jstallworth on DSK7TPTVN1PROD with PROPOSALS




                                                                                                            battery may create an overheating
                                                    compositions in various battery-cell                                                                          be the same, but they are independent
                                                                                                            condition that results in an
                                                    sizes and construction. Interconnection                                                                       requirements addressing different
                                                                                                            uncontrollable venting condition, which
                                                    of these cells in battery packs introduces                                                                    hazards. Proposed Special Condition 5
                                                                                                            in turn leads to a thermal event or an
                                                    failure modes that require unique design                                                                      addresses corrosive fluids and gases,
                                                                                                            explosion.
                                                    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


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                                                                          Federal Register / Vol. 81, No. 28 / Thursday, February 11, 2016 / Proposed Rules                                          7251

                                                    batteries to have automatic means for                      2. Prevent the occurrence of self-                 SUMMARY:   This action proposes to
                                                    battery disconnection and control of                    sustaining, uncontrolled increases in                 establish Class E airspace at Coldwater,
                                                    battery discharge rate due to the fast-                 temperature or pressure.                              KS. Controlled airspace is necessary to
                                                    acting nature of lithium-battery                           3. Not emit explosive or toxic gases,              accommodate new Standard Instrument
                                                    chemical reactions. Manual intervention                 either in normal operation or as a result             Approach Procedures developed at
                                                    would not be timely or effective in                     of its failure, that may accumulate in                Commanche County Airport, for the
                                                    mitigating the hazards associated with                  hazardous quantities within the                       safety and management of Instrument
                                                    these batteries.                                        airplane.                                             Flight Rules (IFR) operations at the
                                                       These special conditions will apply to                  4. Meet the requirements of § 25.863.              airport.
                                                    all non-rechargeable lithium battery                       5. Not damage surrounding structure
                                                                                                                                                                  DATES: Comments must be received on
                                                    installations in lieu of § 25.1353(b)(1)                or adjacent systems, equipment, or
                                                                                                            electrical wiring from corrosive fluids or            or before March 28, 2016.
                                                    through (b)(4) at Amendment 25–123.                                                                           ADDRESSES: Send comments on this
                                                    Sections 25.1353(b)(1) through (b)(4) at                gases that may escape.
                                                                                                               6. Have provisions to prevent any                  proposal to the U.S. Department of
                                                    Amendment 25–123 will remain in                                                                               Transportation, Docket Operations, M–
                                                                                                            hazardous effect on airplane structure or
                                                    effect for other battery installations.                                                                       30, West Building Ground Floor, Room
                                                                                                            systems caused by the maximum
                                                       These proposed special conditions                                                                          W12–140, 1200 New Jersey Avenue SE.,
                                                                                                            amount of heat it can generate due to
                                                    contain the additional safety standards                                                                       Washington, DC 20590–0001, telephone
                                                                                                            any failure of it or its individual cells.
                                                    that the Administrator considers                           7. Be capable of automatically                     (202) 366–9826. You must identify the
                                                    necessary to establish a level of safety                controlling the discharge rate of each                docket number FAA–2015–5194;
                                                    equivalent to that established by the                   cell to prevent cell imbalance, back-                 Airspace Docket No. 15–ACE–6, at the
                                                    existing airworthiness standards.                       charging, overheating, and                            beginning of your comments. You may
                                                    Applicability                                           uncontrollable temperature and                        also submit comments through the
                                                                                                            pressure.                                             Internet at http://www.regulations.gov.
                                                      As discussed above, these special                        8. Have a means to automatically                   You may review the public docket
                                                    conditions are applicable to the Boeing                 disconnect from its discharging circuit               containing the proposal, any comments
                                                    Model 737–8 airplane. Should the                        in the event of an over-temperature                   received, and any final disposition in
                                                    applicant apply at a later date for a                   condition, cell failure or battery failure.           person in the Dockets Office between
                                                    change to the type certificate to include                  9. Have a failure sensing and warning              9:00 a.m. and 5:00 p.m., Monday
                                                    another model incorporating the same                    system to alert the flightcrew if its                 through Friday, except Federal holidays.
                                                    novel or unusual design feature, or                     failure affects safe operation of the                 The Docket Office (telephone 1–800–
                                                    should any other model already                          airplane.                                             647–5527), is on the ground floor of the
                                                    included on the same type certificate be                   10. Have a means for the flightcrew or             building at the above address.
                                                    modified to incorporate the same novel                  maintenance personnel to determine the                   FAA Order 7400.9Z, Airspace
                                                    or unusual design feature, these special                battery charge state if the battery’s                 Designations and Reporting Points, and
                                                    conditions would apply to that model as                 function is required for safe operation of            subsequent amendments can be viewed
                                                    well.                                                   the airplane.                                         online at http://www.faa.gov/air_traffic/
                                                    Conclusion                                                Note 1: A battery system consists of the            publications/. For further information,
                                                                                                            battery and any protective, monitoring and            you can contact the Airspace Policy
                                                      This action affects only certain novel                alerting circuitry or hardware inside or              Group, Federal Aviation
                                                    or unusual design features on one model                 outside of the battery. It also includes vents        Administration, 800 Independence
                                                    of airplane. It is not a rule of general                (where necessary) and packaging. For the              Avenue SW., Washington, DC, 20591;
                                                    applicability.                                          purpose of these special conditions, a battery
                                                                                                                                                                  telephone: 202–267–8783. The order is
                                                                                                            and battery system are referred to as a
                                                    List of Subjects in 14 CFR Part 25                      battery.                                              also available for inspection at the
                                                                                                                                                                  National Archives and Records
                                                      Aircraft, Aviation safety, Reporting                     Issued in Renton, Washington, on February          Administration (NARA). For
                                                    and record keeping requirements.                        4, 2016.                                              information on the availability of FAA
                                                    ■ The authority citation for these                      Michael Kaszycki,                                     Order 7400.9Z at NARA, call 202–741–
                                                    special conditions continues to read as                 Acting Manager, Transport Airplane                    6030, or go to http://www.archives.gov/
                                                    follows:                                                Directorate, Aircraft Certification Service.          federal_register/code_offederal-
                                                      Authority: 49 U.S.C. 106(g), 40113, 44701,            [FR Doc. 2016–02761 Filed 2–10–16; 8:45 am]           regulations/ibr_locations.html.
                                                    44702, 44704.                                           BILLING CODE 4910–13–P                                   FAA order 7400.9, Airspace
                                                                                                                                                                  Designations and Reporting Points is
                                                    The Proposed Special Conditions                                                                               published yearly and effective on
                                                    ■ Accordingly, the FAA proposes the                     DEPARTMENT OF TRANSPORTATION                          September 15.
                                                    following special conditions as part of                                                                       FOR FURTHER INFORMATION CONTACT:
                                                    the type certification basis for Boeing                 Federal Aviation Administration                       Rebecca Shelby, Central Service Center,
                                                    Model 737–8 airplane.                                                                                         Operations Support Group, Federal
                                                                                                            14 CFR Part 71                                        Aviation Administration, Southwest
                                                    Non-Rechargeable Lithium Battery
                                                                                                            [Docket No. FAA–2015–5194; Airspace                   Region, 10101 Hillwood Parkway, Fort
                                                    Installations
                                                                                                            Docket No. 15–ACE–6]                                  Worth, TX 76177; telephone: 817–222–
jstallworth on DSK7TPTVN1PROD with PROPOSALS




                                                      In lieu of § 25.1353(b)(1) through                                                                          5857.
                                                    (b)(4) at Amendment 25–123, each non-                   Proposed Establishment of Class E                     SUPPLEMENTARY INFORMATION:
                                                    rechargeable lithium battery installation               Airspace; Coldwater, KS
                                                    must:                                                                                                         Authority for This Rulemaking
                                                                                                            AGENCY: Federal Aviation
                                                      1. Maintain safe cell temperatures and                Administration (FAA), DOT.                              The FAA’s authority to issue rules
                                                    pressures under all foreseeable                                                                               regarding aviation safety is found in
                                                                                                            ACTION: Notice of proposed rulemaking
                                                    operating conditions to prevent fire and                                                                      Title 49 of the United States Code.
                                                                                                            (NPRM).
                                                    explosion.                                                                                                    Subtitle I, Section 106 describes the


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Document Created: 2016-02-11 00:03:46
Document Modified: 2016-02-11 00:03:46
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 28, 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 7249 
CFR AssociatedAircraft; Aviation Safety and Reporting and Record Keeping Requirements

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