82_FR_14215 82 FR 14164 - Special Conditions: AmSafe; Non-Rechargeable Lithium Battery Installations

82 FR 14164 - Special Conditions: AmSafe; Non-Rechargeable Lithium Battery Installations

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 82, Issue 51 (March 17, 2017)

Page Range14164-14166
FR Document2017-05198

This action proposes special conditions for a supplemental type certificate for installing an inflatable restraint system with non-rechargeable lithium batteries on seats in certain transport category airplanes. These airplanes, as modified by AmSafe, 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 a non-rechargeable lithium battery. 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 82 Issue 51 (Friday, March 17, 2017)
[Federal Register Volume 82, Number 51 (Friday, March 17, 2017)]
[Proposed Rules]
[Pages 14164-14166]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-05198]


========================================================================
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. 82, No. 51 / Friday, March 17, 2017 / 
Proposed Rules

[[Page 14164]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2016-7852; Notice No. 25-17-01-SC]


Special Conditions: AmSafe; Non-Rechargeable Lithium Battery 
Installations

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed special conditions.

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

SUMMARY: This action proposes special conditions for a supplemental 
type certificate for installing an inflatable restraint system with 
non-rechargeable lithium batteries on seats in certain transport 
category airplanes. These airplanes, as modified by AmSafe, 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 a non-rechargeable lithium 
battery. 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 April 17, 2017.

ADDRESSES: Send comments identified by docket number FAA-2016-7852 
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 most makes and models of transport category airplanes. We 
intend to require special conditions for certification projects 
involving non-rechargeable lithium battery installations to address 
certain safety issues until we can revise the airworthiness 
requirements. Applying special conditions to these installations across 
the range of transport category airplanes will ensure regulatory 
consistency.
    Typically, the FAA issues special conditions after receiving an 
application for type certificate approval of a novel or unusual design 
feature. However, the FAA has found that the presence of non-
rechargeable lithium batteries in certification projects is not always 
immediately identifiable, since the battery itself may not be the focus 
of the project. Meanwhile, the inclusion of these batteries has become 
virtually ubiquitous on in-production transport category airplanes, 
which shows that there will be a need for these special conditions. 
Also, delaying the issuance of special conditions until after each 
design application is received could lead to costly certification 
delays. Therefore the FAA finds it necessary to issue special 
conditions applicable to these battery installations on particular 
makes and models of aircraft.
    On April 22, 2016, the FAA published special conditions no. 25-612-
SC in the Federal Register (81 FR 23573) applicable to Gulfstream 
Aerospace Corporation for the GVI airplane. Those were the first 
special conditions the FAA issued for non-rechargeable lithium battery 
installations. We explained in that document our decision to make those 
special conditions effective one year after publication in the Federal 
Register, and our intention for other special conditions for other 
makes and models to be effective on that same date or 30 days after 
publication, whichever is later. The effective date of special 
conditions no. 25-612-SC is April 22, 2017.
    Section 1205 of the FAA Reauthorization Act of 1996 requires the 
FAA to consider the extent to which Alaska is not served by 
transportation modes other than aviation and to establish appropriate 
regulatory distinctions when modifying airworthiness regulations that 
affect intrastate aviation in Alaska. In consideration of this 
requirement and the overall impact on safety, the FAA does not intend 
to require non-rechargeable lithium battery special conditions for 
design changes that only replace a 121.5 megahertz (MHz) emergency 
locator transmitter (ELT) with a 406 MHz ELT that meets Technical 
Standard Order C126b, or later revision, on transport airplanes 
operating only in Alaska. This will support our efforts of encouraging

[[Page 14165]]

operators in Alaska to upgrade to a 406 MHz ELT. These ELTs provide 
significantly improved accuracy for lifesaving services to locate an 
accident site in Alaskan terrain. The FAA considers that the safety 
benefits from upgrading to a 406 MHz ELT for Alaskan operations will 
outweigh the battery fire risk.

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

    AmSafe is the holder of supplemental type certificate (STC) no. 
ST02152LA. This STC is for the installation of an inflatable restraint 
system with non-rechargeable lithium batteries on seats in several 
transport category airplanes. AmSafe periodically applies to amend this 
STC to expand its applicability to include additional transport 
category airplane makes and models. The current battery requirements in 
Title 14, Code of Federal Regulations (14 CFR) part 25 are inadequate 
for addressing an airplane with non-rechargeable lithium batteries.

Type Certification Basis

    Under the provisions of 14 CFR 21.101, AmSafe must show that 
airplanes for which they make application to modify by STC no. 
ST02152LA, as changed, continue to meet the applicable provisions of 
the regulations listed in each airplane's respective type certificate 
or the applicable regulations in effect on the date of application for 
the change except for earlier amendments as agreed upon by the FAA.
    If the Administrator finds that the applicable airworthiness 
regulations (i.e., 14 CFR part 25) do not contain adequate or 
appropriate safety standards 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 airplane 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, these special 
conditions would also apply to the other model under Sec.  21.101.
    In addition to the applicable airworthiness regulations and special 
conditions, the airplanes modified by STC no. ST02152LA 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

    STC no. ST02152LA is for the installation of an inflatable 
restraint system that incorporates non-rechargeable lithium batteries, 
which are a novel or unusual design feature.
    For the purpose of these special conditions, we refer to a battery 
and battery system as a battery. 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.

Discussion

    The FAA derived the current regulations governing installation of 
batteries in transport category airplanes from Civil Air Regulations 
(CAR) 4b.625(d) as part of the recodification of CAR 4b that 
established 14 CFR part 25 in February 1965. This recodification 
basically reworded the CAR 4b battery requirements, which are currently 
in Sec.  25.1353(b)(1) through (4). Non-rechargeable lithium batteries 
are novel and unusual with respect to the state of technology 
considered when these requirements were codified. These batteries 
introduce higher energy levels into airplane systems through new 
chemical compositions in various battery cell sizes and construction. 
Interconnection of these cells in battery packs introduces failure 
modes that require unique design considerations, such as provisions for 
thermal management.
    Recent events involving rechargeable and non-rechargeable lithium 
batteries prompted the FAA to initiate a broad evaluation of these 
energy storage technologies. In January 2013, two independent events 
involving rechargeable lithium-ion batteries revealed unanticipated 
failure modes. A National Transportation Safety Board (NTSB) letter to 
the FAA, dated May 22, 2014, which is available at http://www.ntsb.gov, 
filename A-14-032-036.pdf, describes these events.
    On July 12, 2013, an event involving a non-rechargeable lithium 
battery, in an emergency locator transmitter installation, demonstrated 
unanticipated failure modes. The United Kingdom's Air Accidents 
Investigation Branch Bulletin S5/2013 describes this event.
    Some known uses of rechargeable and non-rechargeable lithium 
batteries on airplanes include:
     Flight deck and avionics systems such as displays, global 
positioning systems, cockpit voice recorders, flight data recorders, 
underwater locator beacons, navigation computers, integrated avionics 
computers, satellite network and communication systems, communication 
management units, and remote-monitor electronic line-replaceable units;
     Cabin safety, entertainment, and communications equipment, 
including emergency locator transmitters, life rafts, escape slides, 
seatbelt air bags, cabin management systems, Ethernet switches, routers 
and media servers, wireless systems, internet and in-flight 
entertainment systems, satellite televisions, remotes, and handsets;
     Systems in cargo areas including door controls, sensors, 
video surveillance equipment, and security systems.
    Some known potential hazards and failure modes associated with non-
rechargeable lithium batteries are:
     Internal failures: In general, these batteries are 
significantly more susceptible to internal failures that can result in 
self-sustaining increases in temperature and pressure (i.e., thermal 
runaway) than their nickel-cadmium or lead-acid counterparts. The 
metallic lithium can ignite, resulting in a self-sustaining fire or 
explosion.
     Fast or imbalanced discharging: Fast discharging or an 
imbalanced discharge of one cell of a multi-cell battery may create an 
overheating condition that results in an uncontrollable venting 
condition, which in turn leads to a thermal event or an explosion.
     Flammability: Unlike nickel-cadmium and lead-acid 
batteries, lithium batteries use higher energy and current in an 
electrochemical system that can be configured to maximize energy 
storage of lithium. They also use liquid electrolytes that can be 
extremely flammable. The electrolyte, as well as the electrodes, can 
serve as a source of fuel for an external fire if the battery casing is 
breached.
    Proposed special condition no. 1 of these special conditions 
requires that each individual cell within a non-rechargeable lithium 
battery be designed

[[Page 14166]]

to maintain safe temperatures and pressures. Proposed special condition 
no. 2 addresses these same issues but for the entire battery. Proposed 
special condition no. 2 requires the battery be designed to prevent 
propagation of a thermal event, such as self-sustained, uncontrollable 
increases in temperature or pressure from one cell to adjacent cells.
    Proposed special condition nos. 1 and 2 are intended to ensure that 
the non-rechargeable lithium battery and its cells are designed to 
eliminate the potential for uncontrollable failures. However, a certain 
number of failures will occur due to various factors beyond the control 
of the battery designer. Therefore, other special conditions are 
intended to protect the airplane and its occupants if failure occurs.
    Proposed special condition nos. 3, 7, and 8 are self-explanatory.
    The FAA proposes special condition no. 4 to make it clear that the 
flammable fluid fire protection requirements of Sec.  25.863 apply to 
non-rechargeable lithium battery installations. Section 25.863 is 
applicable to areas of the airplane that could be exposed to flammable 
fluid leakage from airplane systems. Non-rechargeable lithium batteries 
contain an electrolyte that is a flammable fluid.
    Proposed special condition no. 5 requires that each non-
rechargeable lithium battery installation not damage surrounding 
structure or adjacent systems, equipment, or electrical wiring from 
corrosive fluids or gases that may escape in such a way as to cause a 
major or more severe failure condition.
    While proposed special condition no. 5 addresses corrosive fluids 
and gases, special condition no. 6 addresses heat. Proposed special 
condition no. 6 requires that each non-rechargeable lithium battery 
installation have provisions to prevent any hazardous effect on 
airplane structure or systems caused by the maximum amount of heat the 
battery installation can generate due to any failure of it or its 
individual cells. The means of meeting special conditions nos. 5 and 6 
may be the same, but the requirements are independent and address 
different hazards.
    These proposed special conditions apply in lieu of Sec.  
25.1353(b)(1) through (4) at Amendment 25-123 for the installation of 
inflatable restraint systems with non-rechargeable lithium batteries on 
the seats of the subject airplanes. Sections 25.1353(b)(1) through (4) 
at Amendment 25-123 remain in effect for other battery installations on 
these airplanes.
    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

    These special conditions are applicable to the airplane models 
listed on the approved model list (AML) of STC no. ST02152LA, which is 
available at rgl.faa.gov. Should AmSafe apply at a later date for a 
change to STC no. ST02152LA to include any other model on the AML to 
incorporate the same novel or unusual design feature, these special 
conditions would apply to that model as well. Should AmSafe apply at a 
later date for another STC to modify any other model included on the 
type certificates of the models on the STC no. ST02152LA AML to 
incorporate the same novel or unusual design feature, these special 
conditions would also apply to that model as well.
    These special conditions are only applicable to design changes 
applied for after its effective date.
    These special conditions are not applicable to changes to 
previously certified non-rechargeable lithium battery installations 
where the only change is either cosmetic or to relocate the 
installation to improve the safety of the airplane and occupants. A 
cosmetic change is a change in appearance only, and does not change any 
function or safety characteristic of the battery installation. These 
special conditions are also not applicable to unchanged, previously 
certified non-rechargeable lithium battery installations that are 
affected by a change in a manner that improves the safety of its 
installation. The FAA determined that these exclusions are in the 
public interest because the need to meet all of the special conditions 
might otherwise deter these design changes that improve safety.

Conclusion

    This action only affects the installation of inflatable restraint 
systems with non-rechargeable lithium batteries on seats on the 
airplane models listed on the AML of STC no. ST02152LA. It is not a 
rule of general applicability and affects only the applicant who will 
apply to the FAA for approval of these features on the airplane.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and record keeping 
requirements.

    The authority citation for these special conditions is as follows:

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

The Proposed Special Conditions

    Accordingly, the FAA proposes the following special conditions as 
part of the type certification basis for airplane models listed on the 
approved model list of supplemental type certificate no. ST02152LA, 
modified by AmSafe.

Non-Rechargeable Lithium Battery Installations

    In lieu of Sec.  25.1353(b)(1) through (4) at Amendment 25-123, 
each non-rechargeable lithium battery installation must:
    1. Be designed to maintain safe cell temperatures and pressures 
under all foreseeable operating conditions to prevent fire and 
explosion.
    2. Be designed to prevent the occurrence of self-sustaining, 
uncontrollable increases in temperature or pressure.
    3. Not emit explosive or toxic gases, either in normal operation or 
as a result of its failure, that may accumulate in hazardous quantities 
within the airplane.
    4. Meet the requirements of Sec.  25.863.
    5. Not damage surrounding structure or adjacent systems, equipment, 
or electrical wiring from corrosive fluids or gases that may escape in 
such a way as to cause a major or more severe failure condition.
    6. Have provisions to prevent any hazardous effect on airplane 
structure or systems caused by the maximum amount of heat it can 
generate due to any failure of it or its individual cells.
    7. Have a failure sensing and warning system to alert the 
flightcrew if its failure affects safe operation of the airplane.
    8. Have a means for the flightcrew or maintenance personnel to 
determine the battery charge state if the battery's function is 
required for safe operation of the airplane.

    Note: A battery system consists of the battery and any 
protective, monitoring, and alerting circuitry or hardware inside or 
outside of the battery. It also includes vents (where necessary) and 
packaging. For the purpose of these special conditions, a 
``battery'' and ``battery system'' are referred to as a battery.


    Issued in Renton, Washington, on January 30, 2017.
Michael Kaszycki,
Assistant Manager, Transport Airplane Directorate, Aircraft 
Certification Service.
[FR Doc. 2017-05198 Filed 3-16-17; 8:45 am]
BILLING CODE 4910-13-P



                                                      14164

                                                      Proposed Rules                                                                                                Federal Register
                                                                                                                                                                    Vol. 82, No. 51

                                                                                                                                                                    Friday, March 17, 2017



                                                      This section of the FEDERAL REGISTER                       • Hand Delivery or Courier: Take                      Typically, the FAA issues special
                                                      contains notices to the public of the proposed          comments to Docket Operations in                      conditions after receiving an application
                                                      issuance of rules and regulations. The                  Room W12–140 of the West Building                     for type certificate approval of a novel
                                                      purpose of these notices is to give interested          Ground Floor at 1200 New Jersey                       or unusual design feature. However, the
                                                      persons an opportunity to participate in the            Avenue SE., Washington, DC, between 9                 FAA has found that the presence of non-
                                                      rule making prior to the adoption of the final
                                                      rules.
                                                                                                              a.m. and 5 p.m., Monday through                       rechargeable lithium batteries in
                                                                                                              Friday, except Federal holidays.                      certification projects is not always
                                                                                                                 • Fax: Fax comments to Docket                      immediately identifiable, since the
                                                      DEPARTMENT OF TRANSPORTATION                            Operations at 202–493–2251.                           battery itself may not be the focus of the
                                                                                                                 Privacy: The FAA will post all                     project. Meanwhile, the inclusion of
                                                      Federal Aviation Administration                         comments it receives, without change,                 these batteries has become virtually
                                                                                                              to http://www.regulations.gov/,                       ubiquitous on in-production transport
                                                      14 CFR Part 25                                          including any personal information the                category airplanes, which shows that
                                                                                                              commenter provides. Using the search                  there will be a need for these special
                                                      [Docket No. FAA–2016–7852; Notice No. 25–
                                                      17–01–SC]
                                                                                                              function of the docket Web site, anyone               conditions. Also, delaying the issuance
                                                                                                              can find and read the electronic form of              of special conditions until after each
                                                      Special Conditions: AmSafe; Non-                        all comments received into any FAA                    design application is received could
                                                      Rechargeable Lithium Battery                            docket, including the name of the                     lead to costly certification delays.
                                                      Installations                                           individual sending the comment (or                    Therefore the FAA finds it necessary to
                                                                                                              signing the comment for an association,               issue special conditions applicable to
                                                      AGENCY: Federal Aviation                                business, labor union, etc.). DOT’s                   these battery installations on particular
                                                      Administration (FAA), DOT.                              complete Privacy Act Statement can be                 makes and models of aircraft.
                                                      ACTION: Notice of proposed special                      found in the Federal Register published                  On April 22, 2016, the FAA published
                                                      conditions.                                             on April 11, 2000 (65 FR 19477–19478),                special conditions no. 25–612–SC in the
                                                                                                              as well as at http://DocketsInfo.                     Federal Register (81 FR 23573)
                                                      SUMMARY:    This action proposes special                dot.gov/.                                             applicable to Gulfstream Aerospace
                                                      conditions for a supplemental type                         Docket: Background documents or                    Corporation for the GVI airplane. Those
                                                      certificate for installing an inflatable                comments received may be read at                      were the first special conditions the
                                                      restraint system with non-rechargeable                  http://www.regulations.gov/ at any time.              FAA issued for non-rechargeable
                                                      lithium batteries on seats in certain                   Follow the online instructions for                    lithium battery installations. We
                                                      transport category airplanes. These                     accessing the docket or go to Docket                  explained in that document our
                                                      airplanes, as modified by AmSafe, will                  Operations in Room W12–140 of the                     decision to make those special
                                                      have a novel or unusual design feature                  West Building Ground Floor at 1200                    conditions effective one year after
                                                      when compared to the state of                           New Jersey Avenue SE., Washington,                    publication in the Federal Register, and
                                                      technology envisioned in the                            DC, between 9 a.m. and 5 p.m., Monday                 our intention for other special
                                                      airworthiness standards for transport                   through Friday, except Federal holidays.              conditions for other makes and models
                                                      category airplanes. This design feature                 FOR FURTHER INFORMATION CONTACT:                      to be effective on that same date or 30
                                                      is a non-rechargeable lithium battery.                  Nazih Khaouly, Airplane and Flight                    days after publication, whichever is
                                                      The applicable airworthiness                            Crew Interface Branch, ANM–111,                       later. The effective date of special
                                                      regulations do not contain adequate or                  Transport Airplane Directorate, Aircraft              conditions no. 25–612–SC is April 22,
                                                      appropriate safety standards for this                   Certification Service, 1601 Lind Avenue               2017.
                                                      design feature. These proposed special                  SW., Renton, Washington 98057–3356;                      Section 1205 of the FAA
                                                      conditions contain the additional safety                telephone 425–227–2432; facsimile                     Reauthorization Act of 1996 requires the
                                                      standards that the Administrator                        425–227–1149.                                         FAA to consider the extent to which
                                                      considers necessary to establish a level                                                                      Alaska is not served by transportation
                                                                                                              SUPPLEMENTARY INFORMATION:
                                                      of safety equivalent to that established                                                                      modes other than aviation and to
                                                      by the existing airworthiness standards.                Future Requests for Installation of Non-              establish appropriate regulatory
                                                      DATES: Send your comments on or                         Rechargeable Lithium Batteries                        distinctions when modifying
                                                      before April 17, 2017.                                     The FAA anticipates that non-                      airworthiness regulations that affect
                                                      ADDRESSES: Send comments identified                     rechargeable lithium batteries will be                intrastate aviation in Alaska. In
                                                      by docket number FAA–2016–7852                          installed in most makes and models of                 consideration of this requirement and
                                                      using any of the following methods:                     transport category airplanes. We intend               the overall impact on safety, the FAA
                                                         • Federal eRegulations Portal: Go to                 to require special conditions for                     does not intend to require non-
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      http://www.regulations.gov/ and follow                  certification projects involving non-                 rechargeable lithium battery special
                                                      the online instructions for sending your                rechargeable lithium battery                          conditions for design changes that only
                                                      comments electronically.                                installations to address certain safety               replace a 121.5 megahertz (MHz)
                                                         • Mail: Send comments to Docket                      issues until we can revise the                        emergency locator transmitter (ELT)
                                                      Operations, M–30, U.S. Department of                    airworthiness requirements. Applying                  with a 406 MHz ELT that meets
                                                      Transportation (DOT), 1200 New Jersey                   special conditions to these installations             Technical Standard Order C126b, or
                                                      Avenue SE., Room W12–140, West                          across the range of transport category                later revision, on transport airplanes
                                                      Building Ground Floor, Washington, DC                   airplanes will ensure regulatory                      operating only in Alaska. This will
                                                      20590–0001.                                             consistency.                                          support our efforts of encouraging


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                                                                                Federal Register / Vol. 82, No. 51 / Friday, March 17, 2017 / Proposed Rules                                         14165

                                                      operators in Alaska to upgrade to a 406                 special conditions would also apply to                   On July 12, 2013, an event involving
                                                      MHz ELT. These ELTs provide                             the other model under § 21.101.                       a non-rechargeable lithium battery, in
                                                      significantly improved accuracy for                       In addition to the applicable                       an emergency locator transmitter
                                                      lifesaving services to locate an accident               airworthiness regulations and special                 installation, demonstrated
                                                      site in Alaskan terrain. The FAA                        conditions, the airplanes modified by                 unanticipated failure modes. The
                                                      considers that the safety benefits from                 STC no. ST02152LA must comply with                    United Kingdom’s Air Accidents
                                                      upgrading to a 406 MHz ELT for                          the fuel vent and exhaust emission                    Investigation Branch Bulletin S5/2013
                                                      Alaskan operations will outweigh the                    requirements of 14 CFR part 34 and the                describes this event.
                                                      battery fire risk.                                      noise certification requirements of 14                   Some known uses of rechargeable and
                                                                                                              CFR part 36.                                          non-rechargeable lithium batteries on
                                                      Comments Invited                                                                                              airplanes include:
                                                                                                                The FAA issues special conditions, as
                                                        We invite interested people to take                   defined in 14 CFR 11.19, in accordance                   • Flight deck and avionics systems
                                                      part in this rulemaking by sending                      with § 11.38, and they become part of                 such as displays, global positioning
                                                      written comments, data, or views. The                   the type certification basis under                    systems, cockpit voice recorders, flight
                                                      most helpful comments reference a                       § 21.101.                                             data recorders, underwater locator
                                                      specific portion of the special                                                                               beacons, navigation computers,
                                                      conditions, explain the reason for any                  Novel or Unusual Design Features                      integrated avionics computers, satellite
                                                      recommended change, and include                           STC no. ST02152LA is for the                        network and communication systems,
                                                      supporting data.                                        installation of an inflatable restraint               communication management units, and
                                                        We will consider all comments we                      system that incorporates non-                         remote-monitor electronic line-
                                                      receive by the closing date for                         rechargeable lithium batteries, which                 replaceable units;
                                                      comments. We may change these special                   are a novel or unusual design feature.                   • Cabin safety, entertainment, and
                                                      conditions based on the comments we                                                                           communications equipment, including
                                                                                                                For the purpose of these special
                                                      receive.                                                                                                      emergency locator transmitters, life
                                                                                                              conditions, we refer to a battery and
                                                                                                                                                                    rafts, escape slides, seatbelt air bags,
                                                      Background                                              battery system as a battery. A battery
                                                                                                                                                                    cabin management systems, Ethernet
                                                        AmSafe is the holder of supplemental                  system consists of the battery and any
                                                                                                                                                                    switches, routers and media servers,
                                                      type certificate (STC) no. ST02152LA.                   protective, monitoring, and alerting
                                                                                                                                                                    wireless systems, internet and in-flight
                                                      This STC is for the installation of an                  circuitry or hardware inside or outside
                                                                                                                                                                    entertainment systems, satellite
                                                      inflatable restraint system with non-                   of the battery. It also includes vents
                                                                                                                                                                    televisions, remotes, and handsets;
                                                      rechargeable lithium batteries on seats                 (where necessary) and packaging.                         • Systems in cargo areas including
                                                      in several transport category airplanes.                Discussion                                            door controls, sensors, video
                                                      AmSafe periodically applies to amend                                                                          surveillance equipment, and security
                                                      this STC to expand its applicability to                   The FAA derived the current
                                                                                                                                                                    systems.
                                                      include additional transport category                   regulations governing installation of                    Some known potential hazards and
                                                      airplane makes and models. The current                  batteries in transport category airplanes             failure modes associated with non-
                                                      battery requirements in Title 14, Code of               from Civil Air Regulations (CAR)                      rechargeable lithium batteries are:
                                                      Federal Regulations (14 CFR) part 25 are                4b.625(d) as part of the recodification of               • Internal failures: In general, these
                                                      inadequate for addressing an airplane                   CAR 4b that established 14 CFR part 25                batteries are significantly more
                                                      with non-rechargeable lithium batteries.                in February 1965. This recodification                 susceptible to internal failures that can
                                                                                                              basically reworded the CAR 4b battery                 result in self-sustaining increases in
                                                      Type Certification Basis                                requirements, which are currently in                  temperature and pressure (i.e., thermal
                                                         Under the provisions of 14 CFR                       § 25.1353(b)(1) through (4). Non-                     runaway) than their nickel-cadmium or
                                                      21.101, AmSafe must show that                           rechargeable lithium batteries are novel              lead-acid counterparts. The metallic
                                                      airplanes for which they make                           and unusual with respect to the state of              lithium can ignite, resulting in a self-
                                                      application to modify by STC no.                        technology considered when these                      sustaining fire or explosion.
                                                      ST02152LA, as changed, continue to                      requirements were codified. These                        • Fast or imbalanced discharging:
                                                      meet the applicable provisions of the                   batteries introduce higher energy levels              Fast discharging or an imbalanced
                                                      regulations listed in each airplane’s                   into airplane systems through new                     discharge of one cell of a multi-cell
                                                      respective type certificate or the                      chemical compositions in various                      battery may create an overheating
                                                      applicable regulations in effect on the                 battery cell sizes and construction.                  condition that results in an
                                                      date of application for the change except               Interconnection of these cells in battery             uncontrollable venting condition, which
                                                      for earlier amendments as agreed upon                   packs introduces failure modes that                   in turn leads to a thermal event or an
                                                      by the FAA.                                             require unique design considerations,                 explosion.
                                                         If the Administrator finds that the                  such as provisions for thermal                           • Flammability: Unlike nickel-
                                                      applicable airworthiness regulations                    management.                                           cadmium and lead-acid batteries,
                                                      (i.e., 14 CFR part 25) do not contain                     Recent events involving rechargeable                lithium batteries use higher energy and
                                                      adequate or appropriate safety standards                and non-rechargeable lithium batteries                current in an electrochemical system
                                                      because of a novel or unusual design                    prompted the FAA to initiate a broad                  that can be configured to maximize
                                                      feature, special conditions are                         evaluation of these energy storage                    energy storage of lithium. They also use
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                                                      prescribed under the provisions of                      technologies. In January 2013, two                    liquid electrolytes that can be extremely
                                                      § 21.16.                                                independent events involving                          flammable. The electrolyte, as well as
                                                         Special conditions are initially                     rechargeable lithium-ion batteries                    the electrodes, can serve as a source of
                                                      applicable to the airplane model for                    revealed unanticipated failure modes. A               fuel for an external fire if the battery
                                                      which they are issued. Should the                       National Transportation Safety Board                  casing is breached.
                                                      applicant apply for an STC to modify                    (NTSB) letter to the FAA, dated May 22,                  Proposed special condition no. 1 of
                                                      any other model included on the same                    2014, which is available at http://                   these special conditions requires that
                                                      type certificate to incorporate the same                www.ntsb.gov, filename A–14–032–                      each individual cell within a non-
                                                      novel or unusual design feature, these                  036.pdf, describes these events.                      rechargeable lithium battery be designed


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                                                      14166                     Federal Register / Vol. 82, No. 51 / Friday, March 17, 2017 / Proposed Rules

                                                      to maintain safe temperatures and                         These proposed special conditions                     Authority: 49 U.S.C. 106(g), 40113, 44701,
                                                      pressures. Proposed special condition                   contain the additional safety standards               44702, 44704.
                                                      no. 2 addresses these same issues but for               that the Administrator considers                      The Proposed Special Conditions
                                                      the entire battery. Proposed special                    necessary to establish a level of safety
                                                      condition no. 2 requires the battery be                 equivalent to that established by the                    Accordingly, the FAA proposes the
                                                      designed to prevent propagation of a                    existing airworthiness standards.                     following special conditions as part of
                                                      thermal event, such as self-sustained,                                                                        the type certification basis for airplane
                                                                                                              Applicability
                                                      uncontrollable increases in temperature                                                                       models listed on the approved model
                                                      or pressure from one cell to adjacent                      These special conditions are                       list of supplemental type certificate no.
                                                      cells.                                                  applicable to the airplane models listed              ST02152LA, modified by AmSafe.
                                                         Proposed special condition nos. 1 and                on the approved model list (AML) of
                                                                                                              STC no. ST02152LA, which is available                 Non-Rechargeable Lithium Battery
                                                      2 are intended to ensure that the non-                                                                        Installations
                                                      rechargeable lithium battery and its                    at rgl.faa.gov. Should AmSafe apply at
                                                      cells are designed to eliminate the                     a later date for a change to STC no.                     In lieu of § 25.1353(b)(1) through (4)
                                                      potential for uncontrollable failures.                  ST02152LA to include any other model                  at Amendment 25–123, each non-
                                                      However, a certain number of failures                   on the AML to incorporate the same                    rechargeable lithium battery installation
                                                      will occur due to various factors beyond                novel or unusual design feature, these                must:
                                                      the control of the battery designer.                    special conditions would apply to that
                                                                                                              model as well. Should AmSafe apply at                    1. Be designed to maintain safe cell
                                                      Therefore, other special conditions are                                                                       temperatures and pressures under all
                                                      intended to protect the airplane and its                a later date for another STC to modify
                                                                                                              any other model included on the type                  foreseeable operating conditions to
                                                      occupants if failure occurs.                                                                                  prevent fire and explosion.
                                                         Proposed special condition nos. 3, 7,                certificates of the models on the STC no.
                                                                                                              ST02152LA AML to incorporate the                         2. Be designed to prevent the
                                                      and 8 are self-explanatory.                                                                                   occurrence of self-sustaining,
                                                                                                              same novel or unusual design feature,
                                                         The FAA proposes special condition                                                                         uncontrollable increases in temperature
                                                                                                              these special conditions would also
                                                      no. 4 to make it clear that the flammable                                                                     or pressure.
                                                                                                              apply to that model as well.
                                                      fluid fire protection requirements of                      These special conditions are only                     3. Not emit explosive or toxic gases,
                                                      § 25.863 apply to non-rechargeable                      applicable to design changes applied for              either in normal operation or as a result
                                                      lithium battery installations. Section                  after its effective date.                             of its failure, that may accumulate in
                                                      25.863 is applicable to areas of the                       These special conditions are not                   hazardous quantities within the
                                                      airplane that could be exposed to                       applicable to changes to previously                   airplane.
                                                      flammable fluid leakage from airplane                   certified non-rechargeable lithium
                                                      systems. Non-rechargeable lithium                                                                                4. Meet the requirements of § 25.863.
                                                                                                              battery installations where the only
                                                      batteries contain an electrolyte that is a              change is either cosmetic or to relocate                 5. Not damage surrounding structure
                                                      flammable fluid.                                        the installation to improve the safety of             or adjacent systems, equipment, or
                                                         Proposed special condition no. 5                     the airplane and occupants. A cosmetic                electrical wiring from corrosive fluids or
                                                      requires that each non-rechargeable                     change is a change in appearance only,                gases that may escape in such a way as
                                                      lithium battery installation not damage                 and does not change any function or                   to cause a major or more severe failure
                                                      surrounding structure or adjacent                       safety characteristic of the battery                  condition.
                                                      systems, equipment, or electrical wiring                installation. These special conditions                   6. Have provisions to prevent any
                                                      from corrosive fluids or gases that may                 are also not applicable to unchanged,                 hazardous effect on airplane structure or
                                                      escape in such a way as to cause a major                previously certified non-rechargeable                 systems caused by the maximum
                                                      or more severe failure condition.                       lithium battery installations that are                amount of heat it can generate due to
                                                         While proposed special condition no.                 affected by a change in a manner that                 any failure of it or its individual cells.
                                                      5 addresses corrosive fluids and gases,                 improves the safety of its installation.                 7. Have a failure sensing and warning
                                                      special condition no. 6 addresses heat.                 The FAA determined that these                         system to alert the flightcrew if its
                                                      Proposed special condition no. 6                        exclusions are in the public interest                 failure affects safe operation of the
                                                      requires that each non-rechargeable                     because the need to meet all of the                   airplane.
                                                      lithium battery installation have                       special conditions might otherwise                       8. Have a means for the flightcrew or
                                                      provisions to prevent any hazardous                     deter these design changes that improve               maintenance personnel to determine the
                                                      effect on airplane structure or systems                 safety.                                               battery charge state if the battery’s
                                                      caused by the maximum amount of heat
                                                                                                              Conclusion                                            function is required for safe operation of
                                                      the battery installation can generate due
                                                                                                                                                                    the airplane.
                                                      to any failure of it or its individual cells.              This action only affects the
                                                      The means of meeting special                            installation of inflatable restraint                     Note: A battery system consists of the
                                                      conditions nos. 5 and 6 may be the                      systems with non-rechargeable lithium                 battery and any protective, monitoring, and
                                                      same, but the requirements are                                                                                alerting circuitry or hardware inside or
                                                                                                              batteries on seats on the airplane models             outside of the battery. It also includes vents
                                                      independent and address different                       listed on the AML of STC no.                          (where necessary) and packaging. For the
                                                      hazards.                                                ST02152LA. It is not a rule of general                purpose of these special conditions, a
                                                         These proposed special conditions                    applicability and affects only the
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                                                                                                                                                                    ‘‘battery’’ and ‘‘battery system’’ are referred to
                                                      apply in lieu of § 25.1353(b)(1) through                applicant who will apply to the FAA for               as a battery.
                                                      (4) at Amendment 25–123 for the                         approval of these features on the
                                                      installation of inflatable restraint                    airplane.                                               Issued in Renton, Washington, on January
                                                      systems with non-rechargeable lithium                                                                         30, 2017.
                                                      batteries on the seats of the subject                   List of Subjects in 14 CFR Part 25                    Michael Kaszycki,
                                                      airplanes. Sections 25.1353(b)(1)                         Aircraft, Aviation safety, Reporting                Assistant Manager, Transport Airplane
                                                      through (4) at Amendment 25–123                         and record keeping requirements.                      Directorate, Aircraft Certification Service.
                                                      remain in effect for other battery                        The authority citation for these                    [FR Doc. 2017–05198 Filed 3–16–17; 8:45 am]
                                                      installations on these airplanes.                       special conditions is as follows:                     BILLING CODE 4910–13–P




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Document Created: 2017-03-17 02:48:58
Document Modified: 2017-03-17 02:48:58
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 April 17, 2017.
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 Citation82 FR 14164 
CFR AssociatedAircraft; Aviation Safety and Reporting and Record Keeping Requirements

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