82_FR_20323 82 FR 20241 - Special Conditions: Gulfstream Aerospace LP, Model Gulfstream G150 Airplane; Non-Rechargeable Lithium Battery Installations

82 FR 20241 - Special Conditions: Gulfstream Aerospace LP, Model Gulfstream G150 Airplane; Non-Rechargeable Lithium Battery Installations

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 82, Issue 82 (May 1, 2017)

Page Range20241-20244
FR Document2017-08691

These special conditions are issued for non-rechargeable lithium battery installations on the Gulfstream Aerospace LP (GALP) Model Gulfstream G150 airplane, as modified by Gulfstream Aerospace Corporation (Gulfstream). Non-rechargeable lithium batteries are a novel or unusual design feature when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

Federal Register, Volume 82 Issue 82 (Monday, May 1, 2017)
[Federal Register Volume 82, Number 82 (Monday, May 1, 2017)]
[Rules and Regulations]
[Pages 20241-20244]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-08691]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

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


Federal Register / Vol. 82, No. 82 / Monday, May 1, 2017 / Rules and 
Regulations

[[Page 20241]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2017-0363; Special Conditions No. 25-661-SC]


Special Conditions: Gulfstream Aerospace LP, Model Gulfstream 
G150 Airplane; Non-Rechargeable Lithium Battery Installations

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comment.

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

SUMMARY: These special conditions are issued for non-rechargeable 
lithium battery installations on the Gulfstream Aerospace LP (GALP) 
Model Gulfstream G150 airplane, as modified by Gulfstream Aerospace 
Corporation (Gulfstream). Non-rechargeable lithium batteries are a 
novel or unusual design feature when compared to the state of 
technology envisioned in the airworthiness standards for transport 
category airplanes. The applicable airworthiness regulations do not 
contain adequate or appropriate safety standards for this design 
feature. These special conditions contain the additional safety 
standards that the Administrator considers necessary to establish a 
level of safety equivalent to that established by the existing 
airworthiness standards.

DATES: This action is effective on Gulfstream Aerospace LP on May 1, 
2017. We must receive your comments by June 15, 2017.

ADDRESSES: Send comments identified by docket number FAA-2017-0363 
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/ 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, which is April 22, 2017. In those special conditions, the FAA 
stated its intention to apply non-rechargeable lithium battery special 
conditions to design changes on other makes and models applied for 
after this same date.
    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

[[Page 20242]]

support our efforts of encouraging 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

    The substance of these special conditions has been subjected to the 
notice and comment period in prior instances and has been derived 
without substantive change from those previously issued. It is unlikely 
that prior public comment would result in a significant change from the 
substance contained herein. Therefore, the FAA has determined that 
prior public notice and comment are unnecessary and impracticable, and 
good cause exists for adopting these special conditions upon 
publication in the Federal Register. The FAA is requesting comments to 
allow interested persons to submit views that may not have been 
submitted in response to the prior opportunities for comment described 
above.
    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

    Gulfstream periodically applies to amend its supplemental type 
certificate that installs an executive passenger cabin interior, which 
includes non-rechargeable lithium batteries, in the GALP Model 
Gulfstream G150 airplane. The GALP Model Gulfstream G150, approved 
under type certificate no. A16NM, is a twin engine, transport category 
airplane with a passenger seating capacity of 9 and a maximum takeoff 
weight of 26,100 pounds.
    The FAA is issuing these special conditions for non-rechargeable 
lithium battery installations on the GALP Model Gulfstream G150 
airplane, as modified by Gulfstream. 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, Gulfstream must show that 
the change and areas affected by the change on the GALP Model 
Gulfstream G150 airplane meet the applicable regulations in effect on 
the date of application for the change, except for earlier amendments 
as agreed upon by the FAA. Earlier amended regulations may not precede 
those listed in type certificate no. A16NM or, for amended supplemental 
type certificate projects, those listed in the supplemental type 
certificate. In addition, the certification basis includes certain 
special conditions, exemptions, or later amended sections that are not 
relevant to these special conditions.
    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 GALP Model Gulfstream G150 
airplane, as modified by Gulfstream, 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 a 
supplemental type certificate 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 GALP Model Gulfstream G150 airplane must comply with 
the fuel vent and exhaust emission requirements of 14 CFR part 34 and 
the noise certification requirements of 14 CFR part 36.
    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 Feature

    The novel or unusual design feature is the installation of non-
rechargeable lithium batteries.
    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.

[[Page 20243]]

    Some known potential hazards and failure modes associated with non-
rechargeable lithium batteries are:
     Internal failures: In general, these batteries are 
significantly more susceptible to internal failures that can result in 
self-sustaining increases in temperature and pressure (i.e., thermal 
runaway) than their nickel-cadmium or lead-acid counterparts. The 
metallic lithium can ignite, resulting in a self-sustaining fire or 
explosion.
     Fast or imbalanced discharging: Fast discharging or an 
imbalanced discharge of one cell of a multi-cell battery may create an 
overheating condition that results in an uncontrollable venting 
condition, which in turn leads to a thermal event or an explosion.
     Flammability: Unlike nickel-cadmium and lead-acid 
batteries, lithium batteries use higher energy and current in an 
electrochemical system that can be configured to maximize energy 
storage of lithium. They also use liquid electrolytes that can be 
extremely flammable. The electrolyte, as well as the electrodes, can 
serve as a source of fuel for an external fire if the battery casing is 
breached.
    Special condition no. 1 of these special conditions requires that 
each individual cell within a non-rechargeable lithium battery be 
designed to maintain safe temperatures and pressures. Special condition 
no. 2 addresses these same issues but for the entire battery. Special 
condition no. 2 requires the battery be designed to prevent propagation 
of a thermal event, such as self-sustained, uncontrollable increases in 
temperature or pressure from one cell to adjacent cells.
    Special conditions nos. 1 and 2 are intended to ensure that the 
non-rechargeable lithium battery and its cells are designed to 
eliminate the potential for uncontrollable failures. However, a certain 
number of failures will occur due to various factors beyond the control 
of the battery designer. Therefore, other special conditions are 
intended to protect the airplane and its occupants if failure occurs.
    Special conditions 3, 7, and 8 are self-explanatory.
    Special condition no. 4 makes it clear that the flammable fluid 
fire protection requirements of Sec.  25.863 apply to non-rechargeable 
lithium battery installations. Section 25.863 is applicable to areas of 
the airplane that could be exposed to flammable fluid leakage from 
airplane systems. Non-rechargeable lithium batteries contain an 
electrolyte that is a flammable fluid.
    Special condition no. 5 requires 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 special condition no. 5 addresses corrosive fluids and gases, 
special condition no. 6 addresses heat. 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 special conditions apply to all non-rechargeable lithium 
battery installations in lieu of Sec.  25.1353(b)(1) through (4) at 
Amendment 25-123 or Sec.  25.1353(c)(1) through (4) at earlier 
amendments. Those regulations remain in effect for other battery 
installations.
    These special conditions contain the additional safety standards 
that the Administrator considers necessary to establish a level of 
safety equivalent to that established by the existing airworthiness 
standards.

Applicability

    These special conditions are applicable to the GALP Model 
Gulfstream G150 airplane, as modified by Gulfstream. Should Gulfstream 
apply at a later date for a supplemental type certificate to modify any 
other model included on type certificate no. A16NM to incorporate the 
same novel or unusual design feature, these special conditions would 
apply to that model as well.
    These special conditions are only applicable to design changes 
applied for after the 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. 
Previously certified non-rechargeable lithium battery installations, as 
used in this paragraph, are those installations approved for 
certification projects applied for on or before the effective date of 
these special conditions. 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 affects only a certain novel or unusual design feature 
on one model of airplane. It is not a rule of general applicability.
    The substance of these special conditions has been subjected to the 
notice and comment period in prior instances and has been derived 
without substantive change from those previously issued. It is unlikely 
that prior public comment would result in a significant change from the 
substance contained herein. Therefore, the FAA has determined that 
prior public notice and comment are unnecessary and impracticable, and 
good cause exists for adopting these special conditions upon 
publication in the Federal Register. The FAA is requesting comments to 
allow interested persons to submit views that may not have been 
submitted in response to the prior opportunities for comment described 
above.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and record keeping 
requirements.

    The authority citation for these special conditions is as follows:

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

The Special Conditions

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the following special conditions are issued as part of 
the type certification basis for the GALP Model Gulfstream G150 
airplane modified by Gulfstream.

Non-Rechargeable Lithium Battery Installations

    In lieu of Sec.  25.1353(b)(1) through (4) at Amendment 25-123 or 
Sec.  25.1353(c)(1) through (4) at earlier amendments, 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

[[Page 20244]]

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 April 24, 2017.
Michael Kaszycki,
Assistant Manager, Transport Airplane Directorate, Aircraft 
Certification Service.
[FR Doc. 2017-08691 Filed 4-28-17; 8:45 am]
BILLING CODE 4910-13-P



                                                                                                                                                                                                20241

                                                Rules and Regulations                                                                                         Federal Register
                                                                                                                                                              Vol. 82, No. 82

                                                                                                                                                              Monday, May 1, 2017



                                                This section of the FEDERAL REGISTER                    Building Ground Floor, Washington, DC                 airplanes will ensure regulatory
                                                contains regulatory documents having general            20590–0001.                                           consistency.
                                                applicability and legal effect, most of which              • Hand Delivery or Courier: Take                      Typically, the FAA issues special
                                                are keyed to and codified in the Code of                comments to Docket Operations in                      conditions after receiving an application
                                                Federal Regulations, which is published under           Room W12–140 of the West Building                     for type certificate approval of a novel
                                                50 titles pursuant to 44 U.S.C. 1510.
                                                                                                        Ground Floor at 1200 New Jersey                       or unusual design feature. However, the
                                                The Code of Federal Regulations is sold by              Avenue SE., Washington, DC, between 9                 FAA has found that the presence of non-
                                                the Superintendent of Documents.                        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
                                                [Docket No. FAA–2017–0363; Special                      commenter provides. Using the search                  there will be a need for these special
                                                Conditions No. 25–661–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: Gulfstream                          all comments received into any FAA                    design application is received could
                                                Aerospace LP, Model Gulfstream G150                     docket, including the name of the                     lead to costly certification delays.
                                                Airplane; Non-Rechargeable Lithium                      individual sending the comment (or                    Therefore the FAA finds it necessary to
                                                Battery Installations                                   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: Final special conditions; request
                                                                                                        found in the Federal Register published                  On April 22, 2016, the FAA published
                                                for comment.                                            on April 11, 2000 (65 FR 19477–19478),                special conditions no. 25–612–SC in the
                                                                                                        as well as at http://DocketsInfo.dot.                 Federal Register (81 FR 23573)
                                                SUMMARY:   These special conditions are                 gov/.                                                 applicable to Gulfstream Aerospace
                                                issued for non-rechargeable lithium                        Docket: Background documents or                    Corporation for the GVI airplane. Those
                                                battery installations on the Gulfstream                 comments received may be read at                      were the first special conditions the
                                                Aerospace LP (GALP) Model Gulfstream                    http://www.regulations.gov/ at any time.              FAA issued for non-rechargeable
                                                G150 airplane, as modified by                           Follow the online instructions for                    lithium battery installations. We
                                                Gulfstream Aerospace Corporation                        accessing the docket or go to Docket                  explained in that document our
                                                (Gulfstream). Non-rechargeable lithium                  Operations in Room W12–140 of the                     decision to make those special
                                                batteries are a novel or unusual design                 West Building Ground Floor at 1200                    conditions effective one year after
                                                feature when compared to the state of                   New Jersey Avenue SE., Washington,                    publication in the Federal Register,
                                                technology envisioned in the                            DC, between 9 a.m. and 5 p.m., Monday                 which is April 22, 2017. In those special
                                                airworthiness standards for transport                   through Friday, except Federal holidays.              conditions, the FAA stated its intention
                                                category airplanes. The applicable                      FOR FURTHER INFORMATION CONTACT:                      to apply non-rechargeable lithium
                                                airworthiness regulations do not contain                Nazih Khaouly, Airplane and Flight                    battery special conditions to design
                                                adequate or appropriate safety standards                Crew Interface Branch, ANM–111,                       changes on other makes and models
                                                for this design feature. These special                  Transport Airplane Directorate, Aircraft              applied for after this same date.
                                                conditions contain the additional safety                Certification Service, 1601 Lind Avenue                  Section 1205 of the FAA
                                                standards that the Administrator                        SW., Renton, Washington 98057–3356;                   Reauthorization Act of 1996 requires the
                                                considers necessary to establish a level                telephone 425–227–2432; facsimile                     FAA to consider the extent to which
                                                of safety equivalent to that established                425–227–1149.                                         Alaska is not served by transportation
                                                by the existing airworthiness standards.                SUPPLEMENTARY INFORMATION:                            modes other than aviation and to
                                                DATES: This action is effective on                                                                            establish appropriate regulatory
                                                Gulfstream Aerospace LP on May 1,                       Future Requests for Installation of Non-              distinctions when modifying
                                                2017. We must receive your comments                     Rechargeable Lithium Batteries                        airworthiness regulations that affect
                                                by June 15, 2017.                                          The FAA anticipates that non-                      intrastate aviation in Alaska. In
                                                ADDRESSES: Send comments identified                     rechargeable lithium batteries will be                consideration of this requirement and
                                                by docket number FAA–2017–0363                          installed in most makes and models of                 the overall impact on safety, the FAA
                                                using any of the following methods:                     transport category airplanes. We intend               does not intend to require non-
                                                   • Federal eRegulations Portal: Go to                 to require special conditions for                     rechargeable lithium battery special
mstockstill on DSK30JT082PROD with RULES




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


                                           VerDate Sep<11>2014   16:41 Apr 28, 2017   Jkt 241001   PO 00000   Frm 00001   Fmt 4700   Sfmt 4700   E:\FR\FM\01MYR1.SGM   01MYR1


                                                20242                 Federal Register / Vol. 82, No. 82 / Monday, May 1, 2017 / Rules and Regulations

                                                support our efforts of encouraging                      Type Certification Basis                              batteries in transport category airplanes
                                                operators in Alaska to upgrade to a 406                    Under the provisions of 14 CFR                     from Civil Air Regulations (CAR)
                                                MHz ELT. These ELTs provide                             21.101, Gulfstream must show that the                 4b.625(d) as part of the recodification of
                                                significantly improved accuracy for                     change and areas affected by the change               CAR 4b that established 14 CFR part 25
                                                lifesaving services to locate an accident               on the GALP Model Gulfstream G150                     in February 1965. This recodification
                                                site in Alaskan terrain. The FAA                        airplane meet the applicable regulations              basically reworded the CAR 4b battery
                                                considers that the safety benefits from                 in effect on the date of application for              requirements, which are currently in
                                                upgrading to a 406 MHz ELT for                          the change, except for earlier                        § 25.1353(b)(1) through (4). Non-
                                                Alaskan operations will outweigh the                    amendments as agreed upon by the                      rechargeable lithium batteries are novel
                                                battery fire risk.                                      FAA. Earlier amended regulations may                  and unusual with respect to the state of
                                                                                                        not precede those listed in type                      technology considered when these
                                                Comments Invited
                                                                                                        certificate no. A16NM or, for amended                 requirements were codified. These
                                                  The substance of these special                        supplemental type certificate projects,               batteries introduce higher energy levels
                                                conditions has been subjected to the                    those listed in the supplemental type                 into airplane systems through new
                                                notice and comment period in prior                      certificate. In addition, the certification           chemical compositions in various
                                                instances and has been derived without                  basis includes certain special                        battery cell sizes and construction.
                                                substantive change from those                           conditions, exemptions, or later                      Interconnection of these cells in battery
                                                previously issued. It is unlikely that                  amended sections that are not relevant                packs introduces failure modes that
                                                prior public comment would result in a                  to these special conditions.                          require unique design considerations,
                                                significant change from the substance                      If the Administrator finds that the                such as provisions for thermal
                                                contained herein. Therefore, the FAA                    applicable airworthiness regulations                  management.
                                                has determined that prior public notice                 (i.e., 14 CFR part 25) do not contain                    Recent events involving rechargeable
                                                and comment are unnecessary and                         adequate or appropriate safety standards              and non-rechargeable lithium batteries
                                                impracticable, and good cause exists for                for the GALP Model Gulfstream G150                    prompted the FAA to initiate a broad
                                                adopting these special conditions upon                  airplane, as modified by Gulfstream,                  evaluation of these energy storage
                                                publication in the Federal Register. The                because of a novel or unusual design                  technologies. In January 2013, two
                                                FAA is requesting comments to allow                     feature, special conditions are                       independent events involving
                                                interested persons to submit views that                 prescribed under the provisions of                    rechargeable lithium-ion batteries
                                                may not have been submitted in                          § 21.16.                                              revealed unanticipated failure modes. A
                                                response to the prior opportunities for                    Special conditions are initially                   National Transportation Safety Board
                                                comment described above.                                applicable to the airplane model for                  (NTSB) letter to the FAA, dated May 22,
                                                                                                        which they are issued. Should the                     2014, which is available at http://
                                                  We invite interested people to take                   applicant apply for a supplemental type
                                                part in this rulemaking by sending                                                                            www.ntsb.gov, filename A–14–032–
                                                                                                        certificate to modify any other model                 036.pdf, describes these events.
                                                written comments, data, or views. The                   included on the same type certificate to
                                                most helpful comments reference a                       incorporate the same novel or unusual                    On July 12, 2013, an event involving
                                                specific portion of the special                         design feature, these special conditions              a non-rechargeable lithium battery in an
                                                conditions, explain the reason for any                  would also apply to the other model                   emergency locator transmitter
                                                recommended change, and include                         under § 21.101.                                       installation demonstrated unanticipated
                                                supporting data.                                           In addition to the applicable                      failure modes. The United Kingdom’s
                                                  We will consider all comments we                      airworthiness regulations and special                 Air Accidents Investigation Branch
                                                receive by the closing date for                         conditions, the GALP Model Gulfstream                 Bulletin S5/2013 describes this event.
                                                comments. We may change these special                   G150 airplane must comply with the                       Some known uses of rechargeable and
                                                conditions based on the comments we                     fuel vent and exhaust emission                        non-rechargeable lithium batteries on
                                                receive.                                                requirements of 14 CFR part 34 and the                airplanes include:
                                                                                                        noise certification requirements of 14                   • Flight deck and avionics systems
                                                Background
                                                                                                        CFR part 36.                                          such as displays, global positioning
                                                  Gulfstream periodically applies to                       The FAA issues special conditions, as              systems, cockpit voice recorders, flight
                                                amend its supplemental type certificate                 defined in 14 CFR 11.19, in accordance                data recorders, underwater locator
                                                that installs an executive passenger                    with § 11.38, and they become part of                 beacons, navigation computers,
                                                cabin interior, which includes non-                     the type certification basis under                    integrated avionics computers, satellite
                                                rechargeable lithium batteries, in the                  § 21.101.                                             network and communication systems,
                                                GALP Model Gulfstream G150 airplane.                    Novel or Unusual Design Feature                       communication management units, and
                                                The GALP Model Gulfstream G150,                                                                               remote-monitor electronic line-
                                                approved under type certificate no.                        The novel or unusual design feature is             replaceable units;
                                                                                                        the installation of non-rechargeable
                                                A16NM, is a twin engine, transport                                                                               • Cabin safety, entertainment, and
                                                category airplane with a passenger                      lithium batteries.
                                                                                                           For the purpose of these special                   communications equipment, including
                                                seating capacity of 9 and a maximum                                                                           emergency locator transmitters, life
                                                                                                        conditions, we refer to a battery and
                                                takeoff weight of 26,100 pounds.                                                                              rafts, escape slides, seatbelt air bags,
                                                                                                        battery system as a battery. A battery
                                                  The FAA is issuing these special                      system consists of the battery and any                cabin management systems, Ethernet
                                                conditions for non-rechargeable lithium                 protective, monitoring, and alerting                  switches, routers and media servers,
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                                                battery installations on the GALP Model                 circuitry or hardware inside or outside               wireless systems, internet and in-flight
                                                Gulfstream G150 airplane, as modified                   of the battery. It also includes vents                entertainment systems, satellite
                                                by Gulfstream. The current battery                      (where necessary) and packaging.                      televisions, remotes, and handsets;
                                                requirements in title 14, Code of Federal                                                                        • Systems in cargo areas including
                                                Regulations (14 CFR) part 25 are                        Discussion                                            door controls, sensors, video
                                                inadequate for addressing an airplane                     The FAA derived the current                         surveillance equipment, and security
                                                with non-rechargeable lithium batteries.                regulations governing installation of                 systems.


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                                                                      Federal Register / Vol. 82, No. 82 / Monday, May 1, 2017 / Rules and Regulations                                            20243

                                                   Some known potential hazards and                     installation not damage surrounding                   rechargeable lithium battery
                                                failure modes associated with non-                      structure or adjacent systems,                        installations that are affected by a
                                                rechargeable lithium batteries are:                     equipment, or electrical wiring from                  change in a manner that improves the
                                                   • Internal failures: In general, these               corrosive fluids or gases that may escape             safety of its installation. The FAA
                                                batteries are significantly more                        in such a way as to cause a major or                  determined that these exclusions are in
                                                susceptible to internal failures that can               more severe failure condition.                        the public interest because the need to
                                                result in self-sustaining increases in                     While special condition no. 5                      meet all of the special conditions might
                                                temperature and pressure (i.e., thermal                 addresses corrosive fluids and gases,                 otherwise deter these design changes
                                                runaway) than their nickel-cadmium or                   special condition no. 6 addresses heat.               that improve safety.
                                                lead-acid counterparts. The metallic                    Special condition no. 6 requires that
                                                lithium can ignite, resulting in a self-                each non-rechargeable lithium battery                 Conclusion
                                                sustaining fire or explosion.                           installation have provisions to prevent                 This action affects only a certain
                                                   • Fast or imbalanced discharging:                    any hazardous effect on airplane                      novel or unusual design feature on one
                                                Fast discharging or an imbalanced                       structure or systems caused by the                    model of airplane. It is not a rule of
                                                discharge of one cell of a multi-cell                   maximum amount of heat the battery                    general applicability.
                                                battery may create an overheating                       installation can generate due to any                    The substance of these special
                                                condition that results in an                            failure of it or its individual cells. The            conditions has been subjected to the
                                                uncontrollable venting condition, which                 means of meeting special conditions                   notice and comment period in prior
                                                in turn leads to a thermal event or an                  nos. 5 and 6 may be the same, but the                 instances and has been derived without
                                                explosion.                                              requirements are independent and                      substantive change from those
                                                   • Flammability: Unlike nickel-                       address different hazards.                            previously issued. It is unlikely that
                                                cadmium and lead-acid batteries,                           These special conditions apply to all              prior public comment would result in a
                                                lithium batteries use higher energy and                 non-rechargeable lithium battery                      significant change from the substance
                                                current in an electrochemical system                    installations in lieu of § 25.1353(b)(1)              contained herein. Therefore, the FAA
                                                that can be configured to maximize                      through (4) at Amendment 25–123 or                    has determined that prior public notice
                                                energy storage of lithium. They also use                § 25.1353(c)(1) through (4) at earlier                and comment are unnecessary and
                                                liquid electrolytes that can be extremely               amendments. Those regulations remain                  impracticable, and good cause exists for
                                                flammable. The electrolyte, as well as                  in effect for other battery installations.            adopting these special conditions upon
                                                the electrodes, can serve as a source of                   These special conditions contain the               publication in the Federal Register. The
                                                fuel for an external fire if the battery                additional safety standards that the                  FAA is requesting comments to allow
                                                casing is breached.                                     Administrator considers necessary to                  interested persons to submit views that
                                                   Special condition no. 1 of these                     establish a level of safety equivalent to             may not have been submitted in
                                                special conditions requires that each                   that established by the existing                      response to the prior opportunities for
                                                individual cell within a non-                           airworthiness standards.                              comment described above.
                                                rechargeable lithium battery be designed
                                                                                                        Applicability                                         List of Subjects in 14 CFR Part 25
                                                to maintain safe temperatures and
                                                pressures. Special condition no. 2                         These special conditions are                         Aircraft, Aviation safety, Reporting
                                                addresses these same issues but for the                 applicable to the GALP Model                          and record keeping requirements.
                                                entire battery. Special condition no. 2                 Gulfstream G150 airplane, as modified                   The authority citation for these
                                                requires the battery be designed to                     by Gulfstream. Should Gulfstream apply                special conditions is as follows:
                                                prevent propagation of a thermal event,                 at a later date for a supplemental type
                                                                                                                                                                Authority: 49 U.S.C. 106(g), 40113, 44701,
                                                such as self-sustained, uncontrollable                  certificate to modify any other model
                                                                                                                                                              44702, 44704.
                                                increases in temperature or pressure                    included on type certificate no. A16NM
                                                from one cell to adjacent cells.                        to incorporate the same novel or                      The Special Conditions
                                                   Special conditions nos. 1 and 2 are                  unusual design feature, these special                   Accordingly, pursuant to the
                                                intended to ensure that the non-                        conditions would apply to that model as               authority delegated to me by the
                                                rechargeable lithium battery and its                    well.                                                 Administrator, the following special
                                                cells are designed to eliminate the                        These special conditions are only                  conditions are issued as part of the type
                                                potential for uncontrollable failures.                  applicable to design changes applied for              certification basis for the GALP Model
                                                However, a certain number of failures                   after the effective date.                             Gulfstream G150 airplane modified by
                                                will occur due to various factors beyond                   These special conditions are not                   Gulfstream.
                                                the control of the battery designer.                    applicable to changes to previously
                                                Therefore, other special conditions are                 certified non-rechargeable lithium                    Non-Rechargeable Lithium Battery
                                                intended to protect the airplane and its                battery installations where the only                  Installations
                                                occupants if failure occurs.                            change is either cosmetic or to relocate                 In lieu of § 25.1353(b)(1) through (4)
                                                   Special conditions 3, 7, and 8 are self-             the installation to improve the safety of             at Amendment 25–123 or § 25.1353(c)(1)
                                                explanatory.                                            the airplane and occupants. Previously                through (4) at earlier amendments, each
                                                   Special condition no. 4 makes it clear               certified non-rechargeable lithium                    non-rechargeable lithium battery
                                                that the flammable fluid fire protection                battery installations, as used in this                installation must:
                                                requirements of § 25.863 apply to non-                  paragraph, are those installations                       1. Be designed to maintain safe cell
                                                rechargeable lithium battery                            approved for certification projects                   temperatures and pressures under all
                                                installations. Section 25.863 is                        applied for on or before the effective                foreseeable operating conditions to
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                                                applicable to areas of the airplane that                date of these special conditions. A                   prevent fire and explosion.
                                                could be exposed to flammable fluid                     cosmetic change is a change in                           2. Be designed to prevent the
                                                leakage from airplane systems. Non-                     appearance only, and does not change                  occurrence of self-sustaining,
                                                rechargeable lithium batteries contain                  any function or safety characteristic of              uncontrollable increases in temperature
                                                an electrolyte that is a flammable fluid.               the battery installation. These special               or pressure.
                                                   Special condition no. 5 requires that                conditions are also not applicable to                    3. Not emit explosive or toxic gases,
                                                each non-rechargeable lithium battery                   unchanged, previously certified non-                  either in normal operation or as a result


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                                                20244                 Federal Register / Vol. 82, No. 82 / Monday, May 1, 2017 / Rules and Regulations

                                                of its failure, that may accumulate in                  airplanes. The applicable airworthiness               telephone 425–227–2432; facsimile
                                                hazardous quantities within the                         regulations do not contain adequate or                425–227–1149.
                                                airplane.                                               appropriate safety standards for this                 SUPPLEMENTARY INFORMATION:
                                                   4. Meet the requirements of § 25.863.                design feature. These special conditions
                                                   5. Not damage surrounding structure                  contain the additional safety standards               Future Requests for Installation of Non-
                                                or adjacent systems, equipment, or                      that the Administrator considers                      Rechargeable Lithium Batteries
                                                electrical wiring from corrosive fluids or              necessary to establish a level of safety                 The FAA anticipates that non-
                                                gases that may escape in such a way as                  equivalent to that established by the                 rechargeable lithium batteries will be
                                                to cause a major or more severe failure                 existing airworthiness standards.                     installed in most makes and models of
                                                condition.                                              DATES: This action is effective on                    transport category airplanes. We intend
                                                   6. Have provisions to prevent any                    Bombardier on May 1, 2017. We must                    to require special conditions for
                                                hazardous effect on airplane structure or               receive your comments by June 15,                     certification projects involving non-
                                                systems caused by the maximum                           2017.                                                 rechargeable lithium battery
                                                amount of heat it can generate due to                                                                         installations to address certain safety
                                                any failure of it or its individual cells.              ADDRESSES: Send comments identified                   issues until we can revise the
                                                   7. Have a failure sensing and warning                by docket number FAA–2017–0362                        airworthiness requirements. Applying
                                                system to alert the flightcrew if its                   using any of the following methods:                   special conditions to these installations
                                                failure affects safe operation of the                     • Federal eRegulations Portal: Go to                across the range of transport category
                                                airplane.                                               http://www.regulations.gov/ and follow                airplanes will ensure regulatory
                                                   8. Have a means for the flightcrew or                the online instructions for sending your              consistency.
                                                maintenance personnel to determine the                  comments electronically.                                 Typically, the FAA issues special
                                                battery charge state if the battery’s                     • Mail: Send comments to Docket                     conditions after receiving an application
                                                function is required for safe operation of              Operations, M–30, U.S. Department of                  for type certificate approval of a novel
                                                the airplane.                                           Transportation (DOT), 1200 New Jersey                 or unusual design feature. However, the
                                                                                                        Avenue SE., Room W12–140, West                        FAA has found that the presence of non-
                                                   Note: A battery system consists of the
                                                                                                        Building Ground Floor, Washington, DC                 rechargeable lithium batteries in
                                                battery and any protective, monitoring, and
                                                alerting circuitry or hardware inside or                20590–0001.                                           certification projects is not always
                                                outside of the battery. It also includes vents            • Hand Delivery or Courier: Take                    immediately identifiable, since the
                                                (where necessary) and packaging. For the                comments to Docket Operations in                      battery itself may not be the focus of the
                                                purpose of these special conditions, a                  Room W12–140 of the West Building                     project. Meanwhile, the inclusion of
                                                ‘‘battery’’ and ‘‘battery system’’ are referred to      Ground Floor at 1200 New Jersey                       these batteries has become virtually
                                                as a battery.                                           Avenue SE., Washington, DC, between 9                 ubiquitous on in-production transport
                                                                                                        a.m. and 5 p.m., Monday through                       category airplanes, which shows that
                                                  Issued in Renton, Washington, on April 24,            Friday, except Federal holidays.
                                                2017.                                                                                                         there will be a need for these special
                                                                                                          • Fax: Fax comments to Docket                       conditions. Also, delaying the issuance
                                                Michael Kaszycki,                                       Operations at 202–493–2251.                           of special conditions until after each
                                                Assistant Manager, Transport Airplane                      Privacy: The FAA will post all
                                                Directorate, Aircraft Certification Service.                                                                  design application is received could
                                                                                                        comments it receives, without change,                 lead to costly certification delays.
                                                [FR Doc. 2017–08691 Filed 4–28–17; 8:45 am]             to http://www.regulations.gov/,                       Therefore the FAA finds it necessary to
                                                BILLING CODE 4910–13–P                                  including any personal information the                issue special conditions applicable to
                                                                                                        commenter provides. Using the search                  these battery installations on particular
                                                                                                        function of the docket Web site, anyone               makes and models of aircraft.
                                                DEPARTMENT OF TRANSPORTATION                            can find and read the electronic form of                 On April 22, 2016, the FAA published
                                                                                                        all comments received into any FAA                    special conditions no. 25–612–SC in the
                                                Federal Aviation Administration                         docket, including the name of the                     Federal Register (81 FR 23573)
                                                                                                        individual sending the comment (or                    applicable to Gulfstream Aerospace
                                                14 CFR Part 25                                          signing the comment for an association,               Corporation for the GVI airplane. Those
                                                [Docket No. FAA–2017–0362; Special                      business, labor union, etc.). DOT’s                   were the first special conditions the
                                                Conditions No. 25–660–SC]                               complete Privacy Act Statement can be                 FAA issued for non-rechargeable
                                                                                                        found in the Federal Register published               lithium battery installations. We
                                                Special Conditions: Bombardier                          on April 11, 2000 (65 FR 19477–19478),                explained in that document our
                                                Aerospace Inc., Model DHC–8–400                         as well as at http://DocketsInfo.dot.                 decision to make those special
                                                Series Airplanes; Non-Rechargeable                      gov/.                                                 conditions effective one year after
                                                Lithium Battery Installations                              Docket: Background documents or                    publication in the Federal Register,
                                                AGENCY:  Federal Aviation                               comments received may be read at                      which is April 22, 2017. In those special
                                                Administration (FAA), DOT.                              http://www.regulations.gov/ at any time.              conditions, the FAA stated its intention
                                                                                                        Follow the online instructions for                    to apply non-rechargeable lithium
                                                ACTION: Final special conditions; request
                                                                                                        accessing the docket or go to Docket                  battery special conditions to design
                                                for comment.
                                                                                                        Operations in Room W12–140 of the                     changes on other makes and models
                                                SUMMARY:   These special conditions are                 West Building Ground Floor at 1200                    applied for after this same date.
                                                issued for non-rechargeable lithium                     New Jersey Avenue SE., Washington,                       Section 1205 of the FAA
                                                battery installations on the Bombardier                 DC, between 9 a.m. and 5 p.m., Monday                 Reauthorization Act of 1996 requires the
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                                                Aerospace Inc. (Bombardier) Model                       through Friday, except Federal holidays.              FAA to consider the extent to which
                                                DHC–8–400 series airplanes. Non-                        FOR FURTHER INFORMATION CONTACT:                      Alaska is not served by transportation
                                                rechargeable lithium batteries are a                    Nazih Khaouly, Airplane and Flight                    modes other than aviation and to
                                                novel or unusual design feature when                    Crew Interface Branch, ANM–111,                       establish appropriate regulatory
                                                compared to the state of technology                     Transport Airplane Directorate, Aircraft              distinctions when modifying
                                                envisioned in the airworthiness                         Certification Service, 1601 Lind Avenue               airworthiness regulations that affect
                                                standards for transport category                        SW., Renton, Washington 98057–3356;                   intrastate aviation in Alaska. In


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Document Created: 2017-04-29 03:16:34
Document Modified: 2017-04-29 03:16:34
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal special conditions; request for comment.
DatesThis action is effective on Gulfstream Aerospace LP on May 1, 2017. We must receive your comments by June 15, 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 20241 
CFR AssociatedAircraft; Aviation Safety and Reporting and Record Keeping Requirements

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