82_FR_21549 82 FR 21461 - Special Conditions: Bombardier Aerospace Inc., Model CL-600-2E25 Airplane; Non-Rechargeable Lithium Battery Installations

82 FR 21461 - Special Conditions: Bombardier Aerospace Inc., Model CL-600-2E25 Airplane; Non-Rechargeable Lithium Battery Installations

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 82, Issue 88 (May 9, 2017)

Page Range21461-21464
FR Document2017-09319

These special conditions are issued for non-rechargeable lithium battery installations on the Bombardier Aerospace Inc. (Bombardier) Model CL-600-2E25 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 88 (Tuesday, May 9, 2017) 
[Federal Register Volume 82, Number 88 (Tuesday, May 9, 2017)]
[Rules and Regulations]
[Pages 21461-21464]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09319]



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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. 

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Federal Register / Vol. 82, No. 88 / Tuesday, May 9, 2017 / Rules and 
Regulations

[[Page 21461]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2017-0361; Special Conditions No. 25-666-SC]


Special Conditions: Bombardier Aerospace Inc., Model CL-600-2E25 
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 CL-600-2E25 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 9, 2017. We must 
receive your comments by June 23, 2017.

ADDRESSES: Send comments identified by docket number FAA-2017-0361 
using any of the following methods:
     Federal eRegulations Portal: Go to http://www.regulations.gov/ and follow the online instructions for sending 
your comments electronically.
     Mail: Send comments to Docket Operations, M-30, U.S. 
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room 
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket 
Operations in Room W12-140 of the West Building Ground Floor at 1200 
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at 202-493-2251.
    Privacy: The FAA will post all comments it receives, without 
change, to http://www.regulations.gov/, including any personal 
information the commenter provides. Using the search function of the 
docket Web site, anyone can find and read the electronic form of all 
comments received into any FAA docket, including the name of the 
individual sending the comment (or signing the comment for an 
association, business, labor union, etc.). DOT's complete Privacy Act 
Statement can be found in the Federal Register published on April 11, 
2000 (65 FR 19477-19478), as well as at http://DocketsInfo.dot.gov/.
    Docket: Background documents or comments received may be read at 
http://www.regulations.gov/ at any time. Follow the online instructions 
for accessing the docket or go to Docket Operations in Room W12-140 of 
the West Building Ground Floor at 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

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

SUPPLEMENTARY INFORMATION:

Future Requests for Installation of Non-Rechargeable Lithium Batteries

    The FAA anticipates that non-rechargeable lithium batteries will be 
installed in most makes and models of transport category airplanes. We 
intend to require special conditions for certification projects 
involving non-rechargeable lithium battery installations to address 
certain safety issues until we can revise the airworthiness 
requirements. Applying special conditions to these installations across 
the range of transport category airplanes will ensure regulatory 
consistency.
    Typically, the FAA issues special conditions after receiving an 
application for type certificate approval of a novel or unusual design 
feature. However, the FAA has found that the presence of non-
rechargeable lithium batteries in certification projects is not always 
immediately identifiable, since the battery itself may not be the focus 
of the project. Meanwhile, the inclusion of these batteries has become 
virtually ubiquitous on in-production transport category airplanes, 
which shows that there will be a need for these special conditions. 
Also, delaying the issuance of special conditions until after each 
design application is received could lead to costly certification 
delays. Therefore the FAA finds it necessary to issue special 
conditions applicable to these battery installations on particular 
makes and models of aircraft.
    On April 22, 2016, the FAA published special conditions no. 25-612-
SC in the Federal Register (81 FR 23573) applicable to Gulfstream 
Aerospace Corporation for the GVI airplane. Those were the first 
special conditions the FAA issued for non-rechargeable lithium battery 
installations. We explained in that document our decision to make those 
special conditions effective one year after publication in the Federal 
Register, 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

[[Page 21462]]

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

    Bombardier holds type certificate no. A21EA, which provides the 
certification basis for the CL-600-2E25 airplane. The CL-600-2E25 is a 
twin engine, transport category airplane with a passenger seating 
capacity of 104 and a maximum takeoff weight of 90,000 pounds.
    The FAA is issuing these special conditions for non-rechargeable 
lithium battery installations on the CL-600-2E25 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 CL-600-2E25 airplane meets the applicable provisions of the 
regulations listed in type certificate no. A21EA 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 CL-600-2E25 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 CL-600-2E25 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

[[Page 21463]]

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 CL-600-2E25 
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 CL-600-2E25 
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.

[[Page 21464]]

    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. 2017-09319 Filed 5-8-17; 8:45 am]
BILLING CODE 4910-13-P

21461 Rules and Regulations Federal Register Vol. 82, No. 88 Tuesday, May 9, 2017 This section of the FEDERAL REGISTER • Hand Delivery or Courier: Take Typically, the FAA issues special contains regulatory documents having general comments to Docket Operations in conditions after receiving an application applicability and legal effect, most of which Room W12–140 of the West Building for type certificate approval of a novel are keyed to and codified in the Code of Ground Floor at 1200 New Jersey or unusual design feature. However, the Federal Regulations, which is published under Avenue SE., Washington, DC, between 9 FAA has found that the presence of non- 50 titles pursuant to 44 U.S.C. 1510. a.m. and 5 p.m., Monday through rechargeable lithium batteries in The Code of Federal Regulations is sold by Friday, except Federal holidays. certification projects is not always the Superintendent of Documents. • Fax: Fax comments to Docket immediately identifiable, since the 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 DEPARTMENT OF TRANSPORTATION comments it receives, without change, these batteries has become virtually to http://www.regulations.gov/, ubiquitous on in-production transport Federal Aviation Administration category airplanes, which shows that including any personal information the commenter provides. Using the search there will be a need for these special 14 CFR Part 25 conditions. Also, delaying the issuance function of the docket Web site, anyone [Docket No. FAA–2017–0361; Special can find and read the electronic form of of special conditions until after each Conditions No. 25–666–SC] all comments received into any FAA design application is received could docket, including the name of the lead to costly certification delays. Special Conditions: Bombardier Therefore the FAA finds it necessary to Aerospace Inc., Model CL–600–2E25 individual sending the comment (or signing the comment for an association, issue special conditions applicable to Airplane; Non-Rechargeable Lithium these battery installations on particular Battery Installations business, labor union, etc.). DOT’s complete Privacy Act Statement can be makes and models of aircraft. AGENCY: Federal Aviation found in the Federal Register published On April 22, 2016, the FAA published Administration (FAA), DOT. on April 11, 2000 (65 FR 19477–19478), special conditions no. 25–612–SC in the ACTION: Final special conditions; request as well as at http://DocketsInfo.dot.gov/. Federal Register (81 FR 23573) for comment. Docket: Background documents or applicable to Gulfstream Aerospace comments received may be read at Corporation for the GVI airplane. Those SUMMARY: These special conditions are were the first special conditions the http://www.regulations.gov/ at any time. issued for non-rechargeable lithium FAA issued for non-rechargeable Follow the online instructions for battery installations on the Bombardier lithium battery installations. We accessing the docket or go to Docket Aerospace Inc. (Bombardier) Model CL– explained in that document our Operations in Room W12–140 of the 600–2E25 airplane. Non-rechargeable decision to make those special West Building Ground Floor at 1200 lithium batteries are a novel or unusual conditions effective one year after New Jersey Avenue SE., Washington, design feature when compared to the publication in the Federal Register, DC, between 9 a.m. and 5 p.m., Monday state of technology envisioned in the 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 Bombardier on May 9, 2017. We must Future Requests for Installation of Non- distinctions when modifying receive your comments by June 23, Rechargeable Lithium Batteries airworthiness regulations that affect 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–2017–0361 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 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) installations to address certain safety emergency locator transmitter (ELT) nlaroche on DSK30NT082PROD with RULES comments electronically. • 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 Building Ground Floor, Washington, DC airplanes will ensure regulatory support our efforts of encouraging 20590–0001. consistency. operators in Alaska to upgrade to a 406 VerDate Sep<11>2014 14:51 May 08, 2017 Jkt 241001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\09MYR1.SGM 09MYR1

21462 Federal Register / Vol. 82, No. 88 / Tuesday, May 9, 2017 / Rules and Regulations MHz ELT. These ELTs provide upon by the FAA. In addition, the chemical compositions in various significantly improved accuracy for certification basis includes certain battery cell sizes and construction. lifesaving services to locate an accident special conditions, exemptions, or later Interconnection of these cells in battery site in Alaskan terrain. The FAA amended sections that are not relevant packs introduces failure modes that considers that the safety benefits from to these special conditions. require unique design considerations, upgrading to a 406 MHz ELT for If the Administrator finds that the such as provisions for thermal Alaskan operations will outweigh the applicable airworthiness regulations management. battery fire risk. (i.e., 14 CFR part 25) do not contain Recent events involving rechargeable adequate or appropriate safety standards and non-rechargeable lithium batteries Comments Invited for the CL–600–2E25 airplane because prompted the FAA to initiate a broad The substance of these special of a novel or unusual design feature, evaluation of these energy storage conditions has been subjected to the special conditions are prescribed under technologies. In January 2013, two notice and comment period in prior the provisions of § 21.16. independent events involving instances and has been derived without Special conditions are initially rechargeable lithium-ion batteries substantive change from those applicable to the airplane model for revealed unanticipated failure modes. A previously issued. It is unlikely that which they are issued. Should the type National Transportation Safety Board prior public comment would result in a certificate for that model be amended (NTSB) letter to the FAA, dated May 22, significant change from the substance later to include any other model that 2014, which is available at http:// contained herein. Therefore, the FAA incorporates the same novel or unusual www.ntsb.gov, filename A–14–032– has determined that prior public notice design feature, or should any other 036.pdf, describes these events. and comment are unnecessary and model already included on the same On July 12, 2013, an event involving impracticable, and good cause exists for type certificate be modified to a non-rechargeable lithium battery in an adopting these special conditions upon incorporate the same novel or unusual emergency locator transmitter publication in the Federal Register. The design feature, these special conditions installation demonstrated unanticipated FAA is requesting comments to allow would also apply to the other model failure modes. The United Kingdom’s interested persons to submit views that under § 21.101. Air Accidents Investigation Branch may not have been submitted in In addition to the applicable Bulletin S5/2013 describes this event. response to the prior opportunities for airworthiness regulations and special Some known uses of rechargeable and comment described above. conditions, the CL–600–2E25 must non-rechargeable lithium batteries on We invite interested people to take comply with the fuel vent and exhaust airplanes include: part in this rulemaking by sending emission requirements of 14 CFR part • Flight deck and avionics systems written comments, data, or views. The 34 and the noise certification such as displays, global positioning most helpful comments reference a requirements of 14 CFR part 36. systems, cockpit voice recorders, flight specific portion of the special The FAA issues special conditions, as data recorders, underwater locator conditions, explain the reason for any defined in 14 CFR 11.19, in accordance beacons, navigation computers, recommended change, and include with § 11.38, and they become part of integrated avionics computers, satellite supporting data. the type certification basis under network and communication systems, We will consider all comments we § 21.101. communication management units, and receive by the closing date for remote-monitor electronic line- Novel or Unusual Design Feature replaceable units; comments. We may change these special conditions based on the comments we The novel or unusual design feature is • Cabin safety, entertainment, and receive. the installation of non-rechargeable communications equipment, including lithium batteries. emergency locator transmitters, life Background For the purpose of these special rafts, escape slides, seatbelt air bags, Bombardier holds type certificate no. conditions, we refer to a battery and cabin management systems, Ethernet A21EA, which provides the certification battery system as a battery. A battery switches, routers and media servers, basis for the CL–600–2E25 airplane. The system consists of the battery and any wireless systems, internet and in-flight CL–600–2E25 is a twin engine, transport protective, monitoring, and alerting entertainment systems, satellite category airplane with a passenger circuitry or hardware inside or outside televisions, remotes, and handsets; seating capacity of 104 and a maximum of the battery. It also includes vents • Systems in cargo areas including takeoff weight of 90,000 pounds. (where necessary) and packaging. door controls, sensors, video The FAA is issuing these special surveillance equipment, and security Discussion conditions for non-rechargeable lithium systems. battery installations on the CL–600– The FAA derived the current Some known potential hazards and 2E25 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- nlaroche on DSK30NT082PROD with RULES lead-acid counterparts. The metallic CL–600–2E25 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. A21EA or technology considered when these • Fast or imbalanced discharging: 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 VerDate Sep<11>2014 14:51 May 08, 2017 Jkt 241001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\09MYR1.SGM 09MYR1

Federal Register / Vol. 82, No. 88 / Tuesday, May 9, 2017 / Rules and Regulations 21463 condition that results in an failure of it or its individual cells. The substantive change from those uncontrollable venting condition, which means of meeting special conditions previously issued. It is unlikely that in turn leads to a thermal event or an nos. 5 and 6 may be the same, but the prior public comment would result in a explosion. requirements are independent and significant change from the substance • Flammability: Unlike nickel- address different hazards. contained herein. Therefore, the FAA cadmium and lead-acid batteries, These special conditions apply to all has determined that prior public notice lithium batteries use higher energy and non-rechargeable lithium battery and comment are unnecessary and 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. to maintain safe temperatures and Applicability 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 CL–600–2E25 airplane. entire battery. Special condition no. 2 Should Bombardier apply at a later date Authority: 49 U.S.C. 106(g), 40113, 44701, requires the battery be designed to for a change to the type certificate to 44702, 44704. prevent propagation of a thermal event, include another model incorporating the The Special Conditions such as self-sustained, uncontrollable same novel or unusual design feature, increases in temperature or pressure these special conditions would apply to Accordingly, pursuant to the from one cell to adjacent cells. that model as well. authority delegated to me by the Special conditions nos. 1 and 2 are These special conditions are only Administrator, the following special intended to ensure that the non- applicable to design changes applied for conditions are issued as part of the type rechargeable lithium battery and its after the effective date. certification basis for the Bombardier cells are designed to eliminate the These special conditions are not Model CL–600–2E25 airplane. 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 the control of the battery designer. change is either cosmetic or to relocate In lieu of § 25.1353(b)(1) through (4) Therefore, other special conditions are the installation to improve the safety of at Amendment 25–123 or § 25.1353(c)(1) intended to protect the airplane and its the airplane and occupants. Previously through (4) at earlier amendments, each occupants if failure occurs. certified non-rechargeable lithium non-rechargeable lithium battery Special conditions 3, 7, and 8 are self- battery installations, as used in this installation must: explanatory. paragraph, are those installations 1. Be designed to maintain safe cell 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 safety of its installation. The FAA 4. Meet the requirements of § 25.863. structure or adjacent systems, determined that these exclusions are in 5. Not damage surrounding structure equipment, or electrical wiring from the public interest because the need to or adjacent systems, equipment, or corrosive fluids or gases that may escape meet all of the special conditions might electrical wiring from corrosive fluids or in such a way as to cause a major or otherwise deter these design changes gases that may escape in such a way as more severe failure condition. that improve safety. to cause a major or more severe failure 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 systems caused by the maximum nlaroche on DSK30NT082PROD with RULES novel or unusual design feature on one 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. VerDate Sep<11>2014 14:51 May 08, 2017 Jkt 241001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\09MYR1.SGM 09MYR1

21464 Federal Register / Vol. 82, No. 88 / Tuesday, May 9, 2017 / Rules and Regulations 8. Have a means for the flightcrew or the online instructions for sending your Typically, the FAA issues special maintenance personnel to determine the comments electronically. conditions after receiving an application battery charge state if the battery’s • Mail: Send comments to Docket for type certificate approval of a novel function is required for safe operation of Operations, M–30, U.S. Department of or unusual design feature. However, the the airplane. Transportation (DOT), 1200 New Jersey FAA has found that the presence of non- Note: A battery system consists of the Avenue SE., Room W12–140, West rechargeable lithium batteries in battery and any protective, monitoring, and Building Ground Floor, Washington, certification projects is not always alerting circuitry or hardware inside or DC, 20590–0001. immediately identifiable, since the outside of the battery. It also includes vents • Hand Delivery or Courier: Take battery itself may not be the focus of the (where necessary) and packaging. For the comments to Docket Operations in project. Meanwhile, the inclusion of purpose of these special conditions, a Room W12–140 of the West Building these batteries has become virtually ‘‘battery’’ and ‘‘battery system’’ are referred to Ground Floor at 1200 New Jersey as a battery. ubiquitous on in-production transport Avenue SE., Washington, DC, between 9 category airplanes, which shows that Issued in Renton, Washington, on April 24, a.m. and 5 p.m., Monday through there will be a need for these special 2017. Friday, except Federal holidays. conditions. Also, delaying the issuance Michael Kaszycki, • Fax: Fax comments to Docket of special conditions until after each Operations at 202–493–2251. design application is received could Assistant Manager, Transport Airplane Privacy: The FAA will post all lead to costly certification delays. Directorate, Aircraft Certification Service. comments it receives, without change, [FR Doc. 2017–09319 Filed 5–8–17; 8:45 am] Therefore the FAA finds it necessary to to http://www.regulations.gov/, BILLING CODE 4910–13–P issue special conditions applicable to including any personal information the these battery installations on particular commenter provides. Using the search makes and models of aircraft. function of the docket Web site, anyone DEPARTMENT OF TRANSPORTATION On April 22, 2016, the FAA published can find and read the electronic form of all comments received into any FAA special conditions no. 25–612–SC in the Federal Aviation Administration Federal Register (81 FR 23573) docket, including the name of the individual sending the comment (or applicable to Gulfstream Aerospace 14 CFR Part 25 Corporation for the GVI airplane. Those signing the comment for an association, [Docket No. FAA–2017–0364; Special business, labor union, etc.). DOT’s were the first special conditions the Conditions No. 25–667–SC] complete Privacy Act Statement can be FAA issued for non-rechargeable found in the Federal Register published lithium battery installations. We Special Conditions: Gulfstream explained in that document our Aerospace LP, Model Gulfstream 200 on April 11, 2000 (65 FR 19477–19478), as well as at http://DocketsInfo.dot.gov/. decision to make those special Airplane; Non-Rechargeable Lithium conditions effective one year after Docket: Background documents or Battery Installations publication in the Federal Register, comments received may be read at 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 Gulfstream through Friday, except Federal holidays. Reauthorization Act of 1996 requires the Aerospace LP (GALP) Model Gulfstream FOR FURTHER INFORMATION CONTACT: FAA to consider the extent to which 200 airplane, as modified by Gulfstream Nazih Khaouly, Airplane and Flight Alaska is not served by transportation Aerospace Corporation (Gulfstream). Crew Interface Branch, ANM–111, modes other than aviation and to Non-rechargeable lithium batteries are a Transport Airplane Directorate, Aircraft establish appropriate regulatory novel or unusual design feature when Certification Service, 1601 Lind Avenue distinctions when modifying compared to the state of technology SW., Renton, Washington, 98057–3356; airworthiness regulations that affect envisioned in the airworthiness telephone 425–227–2432; facsimile intrastate aviation in Alaska. In standards for transport category 425–227–1149. consideration of this requirement and airplanes. The applicable airworthiness SUPPLEMENTARY INFORMATION: the overall impact on safety, the FAA regulations do not contain adequate or does not intend to require non- appropriate safety standards for this Future Requests for Installation of Non- rechargeable lithium battery special design feature. These special conditions Rechargeable Lithium Batteries conditions for design changes that only contain the additional safety standards The FAA anticipates that non- replace a 121.5 megahertz (MHz) that the Administrator considers rechargeable lithium batteries will be emergency locator transmitter (ELT) necessary to establish a level of safety installed in most makes and models of with a 406 MHz ELT that meets equivalent to that established by the transport category airplanes. We intend Technical Standard Order C126b, or existing airworthiness standards. to require special conditions for later revision, on transport airplanes DATES: This action is effective on certification projects involving non- operating only in Alaska. This will Gulfstream Aerospace LP on May 9, rechargeable lithium battery support our efforts of encouraging 2017. We must receive your comments installations to address certain safety operators in Alaska to upgrade to a 406 nlaroche on DSK30NT082PROD with RULES by June 23, 2017. issues until we can revise the MHz ELT. These ELTs provide ADDRESSES: Send comments identified airworthiness requirements. Applying significantly improved accuracy for by docket number FAA–2017–0364 special conditions to these installations lifesaving services to locate an accident using any of the following methods: across the range of transport category site in Alaskan terrain. The FAA • Federal eRegulations Portal: Go to airplanes will ensure regulatory considers that the safety benefits from http://www.regulations.gov/ and follow consistency. upgrading to a 406 MHz ELT for VerDate Sep<11>2014 14:51 May 08, 2017 Jkt 241001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\09MYR1.SGM 09MYR1


Document Created: 2018-11-08 08:41:42
Document Modified: 2018-11-08 08:41:42
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 9, 2017. We must receive your comments by June 23, 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 21461 
CFR AssociatedAircraft; Aviation Safety and Reporting and Record Keeping Requirements
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