82_FR_20335 82 FR 20253 - Special Conditions: Bombardier Aerospace Inc., Model BD-700-1A11 Airplane; Non-Rechargeable Lithium Battery Installations

82 FR 20253 - Special Conditions: Bombardier Aerospace Inc., Model BD-700-1A11 Airplane; Non-Rechargeable Lithium Battery Installations

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

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

Page Range20253-20256
FR Document2017-08689

These special conditions are issued for non-rechargeable lithium battery installations on the Bombardier Aerospace Inc. (Bombardier) Model BD-700-1A11 airplane. 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 20253-20256]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-08689]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2017-0360; Special Conditions No. 25-658-SC]


Special Conditions: Bombardier Aerospace Inc., Model BD-700-1A11 
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 Bombardier Aerospace Inc. 
(Bombardier) Model BD-700-1A11 airplane. 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 Bombardier on May 1, 2017. We must 
receive your comments by June 15, 2017.

ADDRESSES: Send comments identified by docket number FAA-2017-0360 
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 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.

[[Page 20254]]

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

    Bombardier holds type certificate no. T00003NY, which provides the 
certification basis for the BD-700-1A11 airplane. The BD-700-1A11 is a 
twin engine, transport category airplane with a passenger seating 
capacity of 19 and a maximum takeoff weight of 87,700 to 92,500 pounds, 
depending on the specific design.
    The FAA is issuing these special conditions for non-rechargeable 
lithium battery installations on the BD-700-1A11 airplane. 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, Bombardier must show that 
the BD-700-1A11 airplane meets the applicable provisions of the 
regulations listed in type certificate no. T00003NY or the applicable 
regulations in effect on the date of application for the change, except 
for earlier amendments as agreed upon by the FAA. 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 BD-700-1A11 airplane because of a 
novel or unusual design feature, special conditions are prescribed 
under the provisions of Sec.  21.16.
    Special conditions are initially applicable to the airplane model 
for which they are issued. Should the type certificate for that model 
be amended later to include any other model that incorporates the same 
novel or unusual design feature, or should any other model already 
included on the same type certificate be modified to incorporate the 
same novel or unusual design feature, these special conditions would 
also apply to the other model under Sec.  21.101.
    In addition to the applicable airworthiness regulations and special 
conditions, the BD-700-1A11 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.
    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

[[Page 20255]]

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 BD-700-1A11 
airplane. Should Bombardier apply at a later date for a change to the 
type certificate to include another model incorporating 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 Bombardier Model BD-700-1A11 
airplane.

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 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

[[Page 20256]]

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. 2017-08689 Filed 4-28-17; 8:45 am]
BILLING CODE 4910-13-P



                                                                      Federal Register / Vol. 82, No. 82 / Monday, May 1, 2017 / Rules and Regulations                                          20253

                                                function is required for safe operation of              Transportation (DOT), 1200 New Jersey                 for type certificate approval of a novel
                                                the airplane.                                           Avenue SE., Room W12–140, West                        or unusual design feature. However, the
                                                   Note: A battery system consists of the               Building Ground Floor, Washington, DC                 FAA has found that the presence of non-
                                                battery and any protective, monitoring, and             20590–0001.                                           rechargeable lithium batteries in
                                                alerting circuitry or hardware inside or                   • Hand Delivery or Courier: Take                   certification projects is not always
                                                outside of the battery. It also includes vents          comments to Docket Operations in                      immediately identifiable, since the
                                                (where necessary) and packaging. For the                Room W12–140 of the West Building                     battery itself may not be the focus of the
                                                purpose of these special conditions, a                  Ground Floor at 1200 New Jersey                       project. Meanwhile, the inclusion of
                                                ‘‘battery’’ and ‘‘battery system’’ are referred to      Avenue SE., Washington, DC, between 9                 these batteries has become virtually
                                                as a battery.                                           a.m. and 5 p.m., Monday through                       ubiquitous on in-production transport
                                                  Issued in Renton, Washington, on April 24,            Friday, except Federal holidays.                      category airplanes, which shows that
                                                2017.                                                      • Fax: Fax comments to Docket                      there will be a need for these special
                                                Michael Kaszycki,                                       Operations at 202–493–2251.                           conditions. Also, delaying the issuance
                                                                                                           Privacy: The FAA will post all                     of special conditions until after each
                                                Assistant Manager, Transport Airplane
                                                Directorate, Aircraft Certification Service.            comments it receives, without change,                 design application is received could
                                                                                                        to http://www.regulations.gov/,                       lead to costly certification delays.
                                                [FR Doc. 2017–08688 Filed 4–28–17; 8:45 am]
                                                                                                        including any personal information the                Therefore the FAA finds it necessary to
                                                BILLING CODE 4910–13–P
                                                                                                        commenter provides. Using the search                  issue special conditions applicable to
                                                                                                        function of the docket Web site, anyone               these battery installations on particular
                                                DEPARTMENT OF TRANSPORTATION                            can find and read the electronic form of              makes and models of aircraft.
                                                                                                        all comments received into any FAA                       On April 22, 2016, the FAA published
                                                Federal Aviation Administration                         docket, including the name of the                     special conditions no. 25–612–SC in the
                                                                                                        individual sending the comment (or                    Federal Register (81 FR 23573)
                                                14 CFR Part 25                                          signing the comment for an association,               applicable to Gulfstream Aerospace
                                                                                                        business, labor union, etc.). DOT’s                   Corporation for the GVI airplane. Those
                                                [Docket No. FAA–2017–0360; Special                      complete Privacy Act Statement can be
                                                Conditions No. 25–658–SC]                                                                                     were the first special conditions the
                                                                                                        found in the Federal Register published               FAA issued for non-rechargeable
                                                Special Conditions: Bombardier                          on April 11, 2000 (65 FR 19477–19478),                lithium battery installations. We
                                                Aerospace Inc., Model BD–700–1A11                       as well as at http://DocketsInfo.dot.                 explained in that document our
                                                Airplane; Non-Rechargeable Lithium                      gov/.                                                 decision to make those special
                                                Battery Installations                                      Docket: Background documents or                    conditions effective one year after
                                                                                                        comments received may be read at                      publication in the Federal Register,
                                                AGENCY:  Federal Aviation                               http://www.regulations.gov/ at any time.              which is April 22, 2017. In those special
                                                Administration (FAA), DOT.                              Follow the online instructions for                    conditions, the FAA stated its intention
                                                ACTION: Final special conditions; request               accessing the docket or go to Docket                  to apply non-rechargeable lithium
                                                for comment.                                            Operations in Room W12–140 of the                     battery special conditions to design
                                                                                                        West Building Ground Floor at 1200                    changes on other makes and models
                                                SUMMARY:    These special conditions are                New Jersey Avenue SE., Washington,                    applied for after this same date.
                                                issued for non-rechargeable lithium                     DC, between 9 a.m. and 5 p.m., Monday                    Section 1205 of the FAA
                                                battery installations on the Bombardier                 through Friday, except Federal holidays.              Reauthorization Act of 1996 requires the
                                                Aerospace Inc. (Bombardier) Model BD–                   FOR FURTHER INFORMATION CONTACT:                      FAA to consider the extent to which
                                                700–1A11 airplane. Non-rechargeable                     Nazih Khaouly, Airplane and Flight                    Alaska is not served by transportation
                                                lithium batteries are a novel or unusual                Crew Interface Branch, ANM–111,                       modes other than aviation and to
                                                design feature when compared to the                     Transport Airplane Directorate, Aircraft              establish appropriate regulatory
                                                state of technology envisioned in the                   Certification Service, 1601 Lind Avenue               distinctions when modifying
                                                airworthiness standards for transport                   SW., Renton, Washington 98057–3356;                   airworthiness regulations that affect
                                                category airplanes. The applicable                      telephone 425–227–2432; facsimile                     intrastate aviation in Alaska. In
                                                airworthiness regulations do not contain                425–227–1149.                                         consideration of this requirement and
                                                adequate or appropriate safety standards
                                                                                                        SUPPLEMENTARY INFORMATION:                            the overall impact on safety, the FAA
                                                for this design feature. These special
                                                                                                                                                              does not intend to require non-
                                                conditions contain the additional safety                Future Requests for Installation of Non-              rechargeable lithium battery special
                                                standards that the Administrator                        Rechargeable Lithium Batteries                        conditions for design changes that only
                                                considers necessary to establish a level
                                                                                                           The FAA anticipates that non-                      replace a 121.5 megahertz (MHz)
                                                of safety equivalent to that established
                                                                                                        rechargeable lithium batteries will be                emergency locator transmitter (ELT)
                                                by the existing airworthiness standards.
                                                                                                        installed in most makes and models of                 with a 406 MHz ELT that meets
                                                DATES: This action is effective on                      transport category airplanes. We intend               Technical Standard Order C126b, or
                                                Bombardier on May 1, 2017. We must                      to require special conditions for                     later revision, on transport airplanes
                                                receive your comments by June 15,                       certification projects involving non-                 operating only in Alaska. This will
                                                2017.                                                   rechargeable lithium battery                          support our efforts of encouraging
                                                ADDRESSES:   Send comments identified                   installations to address certain safety               operators in Alaska to upgrade to a 406
                                                by docket number FAA–2017–0360                          issues until we can revise the                        MHz ELT. These ELTs provide
mstockstill on DSK30JT082PROD with RULES




                                                using any of the following methods:                     airworthiness requirements. Applying                  significantly improved accuracy for
                                                  • Federal eRegulations Portal: Go to                  special conditions to these installations             lifesaving services to locate an accident
                                                http://www.regulations.gov/ and follow                  across the range of transport category                site in Alaskan terrain. The FAA
                                                the online instructions for sending your                airplanes will ensure regulatory                      considers that the safety benefits from
                                                comments electronically.                                consistency.                                          upgrading to a 406 MHz ELT for
                                                  • Mail: Send comments to Docket                          Typically, the FAA issues special                  Alaskan operations will outweigh the
                                                Operations, M–30, U.S. Department of                    conditions after receiving an application             battery fire risk.


                                           VerDate Sep<11>2014   16:41 Apr 28, 2017   Jkt 241001   PO 00000   Frm 00013   Fmt 4700   Sfmt 4700   E:\FR\FM\01MYR1.SGM   01MYR1


                                                20254                 Federal Register / Vol. 82, No. 82 / Monday, May 1, 2017 / Rules and Regulations

                                                Comments Invited                                        (i.e., 14 CFR part 25) do not contain                    Recent events involving rechargeable
                                                  The substance of these special                        adequate or appropriate safety standards              and non-rechargeable lithium batteries
                                                conditions has been subjected to the                    for the BD–700–1A11 airplane because                  prompted the FAA to initiate a broad
                                                notice and comment period in prior                      of a novel or unusual design feature,                 evaluation of these energy storage
                                                instances and has been derived without                  special conditions are prescribed under               technologies. In January 2013, two
                                                substantive change from those                           the provisions of § 21.16.                            independent events involving
                                                previously issued. It is unlikely that                     Special conditions are initially                   rechargeable lithium-ion batteries
                                                prior public comment would result in a                  applicable to the airplane model for                  revealed unanticipated failure modes. A
                                                significant change from the substance                   which they are issued. Should the type                National Transportation Safety Board
                                                contained herein. Therefore, the FAA                    certificate for that model be amended                 (NTSB) letter to the FAA, dated May 22,
                                                has determined that prior public notice                 later to include any other model that                 2014, which is available at http://
                                                and comment are unnecessary and                         incorporates the same novel or unusual                www.ntsb.gov, filename A–14–032–
                                                impracticable, and good cause exists for                design feature, or should any other                   036.pdf, describes these events.
                                                adopting these special conditions upon                  model already included on the same                       On July 12, 2013, an event involving
                                                publication in the Federal Register. The                type certificate be modified to                       a non-rechargeable lithium battery in an
                                                FAA is requesting comments to allow                     incorporate the same novel or unusual                 emergency locator transmitter
                                                interested persons to submit views that                 design feature, these special conditions              installation demonstrated unanticipated
                                                may not have been submitted in                          would also apply to the other model                   failure modes. The United Kingdom’s
                                                response to the prior opportunities for                 under § 21.101.                                       Air Accidents Investigation Branch
                                                comment described above.                                   In addition to the applicable                      Bulletin S5/2013 describes this event.
                                                  We invite interested people to take                   airworthiness regulations and special                    Some known uses of rechargeable and
                                                part in this rulemaking by sending                      conditions, the BD–700–1A11 must                      non-rechargeable lithium batteries on
                                                written comments, data, or views. The                   comply with the fuel vent and exhaust                 airplanes include:
                                                most helpful comments reference a                       emission requirements of 14 CFR part                     • Flight deck and avionics systems
                                                specific portion of the special                         34 and the noise certification                        such as displays, global positioning
                                                conditions, explain the reason for any                  requirements of 14 CFR part 36.                       systems, cockpit voice recorders, flight
                                                recommended change, and include                            The FAA issues special conditions, as              data recorders, underwater locator
                                                supporting data.                                        defined in 14 CFR 11.19, in accordance                beacons, navigation computers,
                                                  We will consider all comments we                      with § 11.38, and they become part of                 integrated avionics computers, satellite
                                                receive by the closing date for                         the type certification basis under                    network and communication systems,
                                                comments. We may change these special                   § 21.101.                                             communication management units, and
                                                conditions based on the comments we                                                                           remote-monitor electronic line-
                                                                                                        Novel or Unusual Design Feature
                                                receive.                                                                                                      replaceable units;
                                                                                                           The novel or unusual design feature is                • Cabin safety, entertainment, and
                                                Background                                              the installation of non-rechargeable                  communications equipment, including
                                                  Bombardier holds type certificate no.                 lithium batteries.                                    emergency locator transmitters, life
                                                T00003NY, which provides the                               For the purpose of these special                   rafts, escape slides, seatbelt air bags,
                                                certification basis for the BD–700–1A11                 conditions, we refer to a battery and                 cabin management systems, Ethernet
                                                airplane. The BD–700–1A11 is a twin                     battery system as a battery. A battery                switches, routers and media servers,
                                                engine, transport category airplane with                system consists of the battery and any                wireless systems, internet and in-flight
                                                a passenger seating capacity of 19 and                  protective, monitoring, and alerting                  entertainment systems, satellite
                                                a maximum takeoff weight of 87,700 to                   circuitry or hardware inside or outside               televisions, remotes, and handsets;
                                                92,500 pounds, depending on the                         of the battery. It also includes vents                   • Systems in cargo areas including
                                                specific design.                                        (where necessary) and packaging.                      door controls, sensors, video
                                                  The FAA is issuing these special                      Discussion                                            surveillance equipment, and security
                                                conditions for non-rechargeable lithium                                                                       systems.
                                                battery installations on the BD–700–                      The FAA derived the current                            Some known potential hazards and
                                                1A11 airplane. The current battery                      regulations governing installation of                 failure modes associated with non-
                                                requirements in title 14, Code of Federal               batteries in transport category airplanes             rechargeable lithium batteries are:
                                                Regulations (14 CFR) part 25 are                        from Civil Air Regulations (CAR)                         • Internal failures: In general, these
                                                inadequate for addressing an airplane                   4b.625(d) as part of the recodification of            batteries are significantly more
                                                with non-rechargeable lithium batteries.                CAR 4b that established 14 CFR part 25                susceptible to internal failures that can
                                                                                                        in February 1965. This recodification                 result in self-sustaining increases in
                                                Type Certification Basis                                basically reworded the CAR 4b battery                 temperature and pressure (i.e., thermal
                                                   Under the provisions of 14 CFR                       requirements, which are currently in                  runaway) than their nickel-cadmium or
                                                21.101, Bombardier must show that the                   § 25.1353(b)(1) through (4). Non-                     lead-acid counterparts. The metallic
                                                BD–700–1A11 airplane meets the                          rechargeable lithium batteries are novel              lithium can ignite, resulting in a self-
                                                applicable provisions of the regulations                and unusual with respect to the state of              sustaining fire or explosion.
                                                listed in type certificate no. T00003NY                 technology considered when these                         • Fast or imbalanced discharging:
                                                or the applicable regulations in effect on              requirements were codified. These                     Fast discharging or an imbalanced
                                                the date of application for the change,                 batteries introduce higher energy levels              discharge of one cell of a multi-cell
                                                except for earlier amendments as agreed                 into airplane systems through new                     battery may create an overheating
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                                                upon by the FAA. In addition, the                       chemical compositions in various                      condition that results in an
                                                certification basis includes certain                    battery cell sizes and construction.                  uncontrollable venting condition, which
                                                special conditions, exemptions, or later                Interconnection of these cells in battery             in turn leads to a thermal event or an
                                                amended sections that are not relevant                  packs introduces failure modes that                   explosion.
                                                to these special conditions.                            require unique design considerations,                    • Flammability: Unlike nickel-
                                                   If the Administrator finds that the                  such as provisions for thermal                        cadmium and lead-acid batteries,
                                                applicable airworthiness regulations                    management.                                           lithium batteries use higher energy and


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                                                                      Federal Register / Vol. 82, No. 82 / Monday, May 1, 2017 / Rules and Regulations                                             20255

                                                current in an electrochemical system                    installations in lieu of § 25.1353(b)(1)              impracticable, and good cause exists for
                                                that can be configured to maximize                      through (4) at Amendment 25–123 or                    adopting these special conditions upon
                                                energy storage of lithium. They also use                § 25.1353(c)(1) through (4) at earlier                publication in the Federal Register. The
                                                liquid electrolytes that can be extremely               amendments. Those regulations remain                  FAA is requesting comments to allow
                                                flammable. The electrolyte, as well as                  in effect for other battery installations.            interested persons to submit views that
                                                the electrodes, can serve as a source of                  These special conditions contain the                may not have been submitted in
                                                fuel for an external fire if the battery                additional safety standards that the                  response to the prior opportunities for
                                                casing is breached.                                     Administrator considers necessary to                  comment described above.
                                                   Special condition no. 1 of these                     establish a level of safety equivalent to
                                                special conditions requires that each                   that established by the existing                      List of Subjects in 14 CFR Part 25
                                                individual cell within a non-                           airworthiness standards.                                Aircraft, Aviation safety, Reporting
                                                rechargeable lithium battery be designed                                                                      and record keeping requirements.
                                                                                                        Applicability
                                                to maintain safe temperatures and                                                                               The authority citation for these
                                                pressures. Special condition no. 2                         These special conditions are                       special conditions is as follows:
                                                addresses these same issues but for the                 applicable to the BD–700–1A11
                                                entire battery. Special condition no. 2                 airplane. Should Bombardier apply at a                  Authority: 49 U.S.C. 106(g), 40113, 44701,
                                                                                                        later date for a change to the type                   44702, 44704.
                                                requires the battery be designed to
                                                prevent propagation of a thermal event,                 certificate to include another model                  The Special Conditions
                                                such as self-sustained, uncontrollable                  incorporating the same novel or unusual
                                                                                                                                                                Accordingly, pursuant to the
                                                increases in temperature or pressure                    design feature, these special conditions
                                                                                                                                                              authority delegated to me by the
                                                from one cell to adjacent cells.                        would apply to that model as well.
                                                                                                           These special conditions are only                  Administrator, the following special
                                                   Special conditions nos. 1 and 2 are
                                                                                                        applicable to design changes applied for              conditions are issued as part of the type
                                                intended to ensure that the non-
                                                                                                        after the effective date.                             certification basis for the Bombardier
                                                rechargeable lithium battery and its
                                                                                                           These special conditions are not                   Model BD–700–1A11 airplane.
                                                cells are designed to eliminate the
                                                potential for uncontrollable failures.                  applicable to changes to previously                   Non-Rechargeable Lithium Battery
                                                However, a certain number of failures                   certified non-rechargeable lithium                    Installations
                                                will occur due to various factors beyond                battery installations where the only
                                                                                                        change is either cosmetic or to relocate                 In lieu of § 25.1353(b)(1) through (4)
                                                the control of the battery designer.
                                                                                                        the installation to improve the safety of             at Amendment 25–123 or § 25.1353(c)(1)
                                                Therefore, other special conditions are
                                                                                                        the airplane and occupants. Previously                through (4) at earlier amendments, each
                                                intended to protect the airplane and its
                                                                                                        certified non-rechargeable lithium                    non-rechargeable lithium battery
                                                occupants if failure occurs.
                                                                                                        battery installations, as used in this                installation must:
                                                   Special conditions 3, 7, and 8 are self-
                                                                                                        paragraph, are those installations                       1. Be designed to maintain safe cell
                                                explanatory.
                                                   Special condition no. 4 makes it clear               approved for certification projects                   temperatures and pressures under all
                                                that the flammable fluid fire protection                applied for on or before the effective                foreseeable operating conditions to
                                                requirements of § 25.863 apply to non-                  date of these special conditions. A                   prevent fire and explosion.
                                                rechargeable lithium battery                            cosmetic change is a change in                           2. Be designed to prevent the
                                                installations. Section 25.863 is                        appearance only, and does not change                  occurrence of self-sustaining,
                                                applicable to areas of the airplane that                any function or safety characteristic of              uncontrollable increases in temperature
                                                could be exposed to flammable fluid                     the battery installation. These special               or pressure.
                                                leakage from airplane systems. Non-                     conditions are also not applicable to                    3. Not emit explosive or toxic gases,
                                                rechargeable lithium batteries contain                  unchanged, previously certified non-                  either in normal operation or as a result
                                                an electrolyte that is a flammable fluid.               rechargeable lithium battery                          of its failure, that may accumulate in
                                                   Special condition no. 5 requires that                installations that are affected by a                  hazardous quantities within the
                                                each non-rechargeable lithium battery                   change in a manner that improves the                  airplane.
                                                installation not damage surrounding                                                                              4. Meet the requirements of § 25.863.
                                                                                                        safety of its installation. The FAA
                                                structure or adjacent systems,                                                                                   5. Not damage surrounding structure
                                                                                                        determined that these exclusions are in
                                                equipment, or electrical wiring from                                                                          or adjacent systems, equipment, or
                                                                                                        the public interest because the need to
                                                corrosive fluids or gases that may escape                                                                     electrical wiring from corrosive fluids or
                                                                                                        meet all of the special conditions might
                                                in such a way as to cause a major or                                                                          gases that may escape in such a way as
                                                                                                        otherwise deter these design changes
                                                more severe failure condition.                                                                                to cause a major or more severe failure
                                                                                                        that improve safety.
                                                   While special condition no. 5                                                                              condition.
                                                addresses corrosive fluids and gases,                   Conclusion                                               6. Have provisions to prevent any
                                                special condition no. 6 addresses heat.                   This action affects only a certain                  hazardous effect on airplane structure or
                                                Special condition no. 6 requires that                   novel or unusual design feature on one                systems caused by the maximum
                                                each non-rechargeable lithium battery                   model of airplane. It is not a rule of                amount of heat it can generate due to
                                                installation have provisions to prevent                 general applicability.                                any failure of it or its individual cells.
                                                any hazardous effect on airplane                          The substance of these special                         7. Have a failure sensing and warning
                                                structure or systems caused by the                      conditions has been subjected to the                  system to alert the flightcrew if its
                                                maximum amount of heat the battery                      notice and comment period in prior                    failure affects safe operation of the
                                                installation can generate due to any                    instances and has been derived without                airplane.
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                                                failure of it or its individual cells. The              substantive change from those                            8. Have a means for the flightcrew or
                                                means of meeting special conditions                     previously issued. It is unlikely that                maintenance personnel to determine the
                                                nos. 5 and 6 may be the same, but the                   prior public comment would result in a                battery charge state if the battery’s
                                                requirements are independent and                        significant change from the substance                 function is required for safe operation of
                                                address different hazards.                              contained herein. Therefore, the FAA                  the airplane.
                                                   These special conditions apply to all                has determined that prior public notice                 Note: A battery system consists of the
                                                non-rechargeable lithium battery                        and comment are unnecessary and                       battery and any protective, monitoring, and



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                                                20256                 Federal Register / Vol. 82, No. 82 / Monday, May 1, 2017 / Rules and Regulations

                                                alerting circuitry or hardware inside or                federal_register/code_of_federal-                     is incorporated by reference in 14 CFR
                                                outside of the battery. It also includes vents          regulations/ibr_locations.html.                       71.1. The Class E airspace designations
                                                (where necessary) and packaging. For the                   FAA Order 7400.11, Airspace                        listed in this document will be
                                                purpose of these special conditions, a                  Designations and Reporting Points, is                 published subsequently in the Order.
                                                ‘‘battery’’ and ‘‘battery system’’ are referred to
                                                as a battery.
                                                                                                        published yearly and effective on
                                                                                                                                                              Availability and Summary of
                                                                                                        September 15.
                                                                                                                                                              Documents for Incorporation by
                                                  Issued in Renton, Washington, on April 24,            FOR FURTHER INFORMATION CONTACT:                      Reference
                                                2017.                                                   Jeffrey Claypool, Federal Aviation
                                                Michael Kaszycki,                                       Administration, Operations Support                       This document amends FAA Order
                                                Assistant Manager, Transport Airplane                   Group, Central Service Center, 10101                  7400.11A, Airspace Designations and
                                                Directorate, Aircraft Certification Service.            Hillwood Parkway, Fort Worth, TX                      Reporting Points, dated August 3, 2016,
                                                [FR Doc. 2017–08689 Filed 4–28–17; 8:45 am]             76177; telephone (817) 222–5711.                      and effective September 15, 2016. FAA
                                                                                                                                                              Order 7400.11A is publicly available as
                                                BILLING CODE 4910–13–P                                  SUPPLEMENTARY INFORMATION:
                                                                                                                                                              listed in the ADDRESSES section of this
                                                                                                        Authority for This Rulemaking                         document. FAA Order 7400.11A lists
                                                DEPARTMENT OF TRANSPORTATION                                                                                  Class A, B, C, D, and E airspace areas,
                                                                                                          The FAA’s authority to issue rules
                                                                                                                                                              air traffic service routes, and reporting
                                                                                                        regarding aviation safety is found in
                                                Federal Aviation Administration                                                                               points.
                                                                                                        Title 49 of the United States Code.
                                                                                                        Subtitle I, Section 106 describes the                 The Rule
                                                14 CFR Part 71                                          authority of the FAA Administrator.                     This amendment to Title 14, Code of
                                                [Docket No. FAA–2016–9151; Airspace                     Subtitle VII, Aviation Programs,                      Federal Regulations (14 CFR) part 71
                                                Docket No. 16–ASW–15]                                   describes in more detail the scope of the             removes Class E airspace at Ruston
                                                                                                        agency’s authority. This rulemaking is                Municipal Airport, Ruston, LA, as the
                                                Revocation of Class E Airspace and                      promulgated under the authority                       airport has closed; therefore, controlled
                                                Establishment of Class E Airspace;                      described in Subtitle VII, Part A,                    airspace is no longer needed. Class E
                                                Ruston, LA                                              Subpart I, Section 40103. Under that                  airspace extending upward from 700
                                                                                                        section, the FAA is charged with                      feet above the surface within a 6.5-mile
                                                AGENCY:  Federal Aviation                               prescribing regulations to assign the use
                                                Administration (FAA), DOT.                                                                                    radius of the new Ruston Regional
                                                                                                        of airspace necessary to ensure the                   Airport, Ruston, LA is established for
                                                ACTION: Final rule.                                     safety of aircraft and the efficient use of           the safety and management of standard
                                                                                                        airspace. This regulation is within the               instrument approach procedures for IFR
                                                SUMMARY:    This action removes Class E
                                                                                                        scope of that authority as it modifies                operations at the new airport.
                                                airspace extending upward from 700
                                                                                                        Class E airspace extending upward from
                                                feet above the surface at Ruston                                                                              Regulatory Notices and Analyses
                                                                                                        700 feet above the surface in the
                                                Municipal Airport, Ruston, LA, as the
                                                                                                        airspace near Ruston, LA, to                             The FAA has determined that this
                                                airport has closed and controlled
                                                                                                        accommodate IFR procedures at the new                 regulation only involves an established
                                                airspace is no longer required, and
                                                                                                        Ruston Regional Airport.                              body of technical regulations for which
                                                establishes Class E airspace extending
                                                upward from 700 feet above the surface                  History                                               frequent and routine amendments are
                                                at the new Ruston Regional Airport,                                                                           necessary to keep them operationally
                                                                                                          On October 12, 2016, the FAA                        current, is non-controversial and
                                                Ruston, LA. This final rule is necessary                published in the Federal Register (81
                                                to ensure the safety and management of                                                                        unlikely to result in adverse or negative
                                                                                                        FR 70372) Docket No. FAA–2016–9151,                   comments. It, therefore: (1) Is not a
                                                instrument flight rules (IFR) operations                a notice of proposed rulemaking
                                                at the new airport.                                                                                           ‘‘significant regulatory action’’ under
                                                                                                        (NPRM) to remove Class E airspace                     Executive Order 12866; (2) is not a
                                                DATES: Effective 0901 UTC, August 17,                   extending upward from 700 feet above                  ‘‘significant rule’’ under DOT
                                                2017. The Director of the Federal                       the surface at Ruston Municipal Airport,              Regulatory Policies and Procedures (44
                                                Register approves this incorporation by                 Ruston, LA. The FAA also proposed to                  FR 11034; February 26, 1979); and (3)
                                                reference action under Title 1, Code of                 establish Class E airspace extending                  does not warrant preparation of a
                                                Federal Regulations, part 51, subject to                upward from 700 feet above the surface                regulatory evaluation as the anticipated
                                                the annual revision of FAA Order                        within a 6.5 mile radius of the new                   impact is so minimal. Since this is a
                                                7400.11 and publication of conforming                   Ruston Regional Airport, Ruston, LA.                  routine matter that only affects air traffic
                                                amendments.                                             Interested parties were invited to                    procedures and air navigation, it is
                                                ADDRESSES: FAA Order 7400.11A,                          participate in this rulemaking effort by              certified that this rule, when
                                                Airspace Designations and Reporting                     submitting written comments on the                    promulgated, does not have a significant
                                                Points, and subsequent amendments can                   proposal to the FAA. One comment was                  economic impact on a substantial
                                                be viewed online at http://www.faa.gov/                 received stating, ‘‘This would open up                number of small entities under the
                                                air_traffic/publications/. For further                  airspace because there would not be                   criteria of the Regulatory Flexibility Act.
                                                information, you can contact the                        controlled airspace as the airport has
                                                Airspace Policy Group, Federal Aviation                 shut down.’’ While this comment is                    Environmental Review
                                                Administration, 800 Independence                        factually correct, the new airport and                   The FAA has determined that this
                                                Avenue SW., Washington, DC 20591;                       associated airspace has been established              action qualifies for categorical exclusion
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                                                telephone: 202–267–8783. The Order is                   approximately 2.5 NM from the location                under the National Environmental
                                                also available for inspection at the                    of the closed airport so the change in the            Policy Act in accordance with FAA
                                                National Archives and Records                           airspace footprint is minimal.                        Order 1050.1F, ‘‘Environmental
                                                Administration (NARA). For                                Class E airspace designations are                   Impacts: Policies and Procedures,’’
                                                information on the availability of FAA                  published in paragraph 6005 of FAA                    paragraph 5–6.5.a. This airspace action
                                                Order 7400.11A at NARA, call 202–741–                   Order 7400.11A, dated August 3, 2016,                 is not expected to cause any potentially
                                                6030, or go to http://www.archives.gov/                 and effective September 15, 2016, which               significant environmental impacts, and


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Document Created: 2017-04-29 03:16:05
Document Modified: 2017-04-29 03:16:05
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 Bombardier 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 20253 
CFR AssociatedAircraft; Aviation Safety and Reporting and Record Keeping Requirements

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