82_FR_22157 82 FR 22066 - Special Conditions: Bombardier Aerospace Inc., Model BD-100-1A10 Airplane; Non-Rechargeable Lithium Battery Installations

82 FR 22066 - Special Conditions: Bombardier Aerospace Inc., Model BD-100-1A10 Airplane; Non-Rechargeable Lithium Battery Installations

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 82, Issue 91 (May 12, 2017)

Page Range22066-22069
FR Document2017-09661

These special conditions are issued for non-rechargeable lithium battery installations on the Bombardier Aerospace Inc. (Bombardier) Model BD-100-1A10 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 91 (Friday, May 12, 2017)
[Federal Register Volume 82, Number 91 (Friday, May 12, 2017)]
[Rules and Regulations]
[Pages 22066-22069]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09661]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2017-0358; Special Conditions No. 25-659-SC]


Special Conditions: Bombardier Aerospace Inc., Model BD-100-1A10 
Airplane; Non-Rechargeable Lithium Battery Installations

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comment.

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SUMMARY: These special conditions are issued for non-rechargeable 
lithium battery installations on the Bombardier Aerospace Inc. 
(Bombardier) Model BD-100-1A10 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

[[Page 22067]]

of safety equivalent to that established by the existing airworthiness 
standards.

DATES: This action is effective on Bombardier on May 12, 2017. We must 
receive your comments by June 26, 2017.

ADDRESSES: Send comments identified by docket number FAA-2017-0358 
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 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. T00005NY, which provides the 
certification basis for the BD-100-1A10 airplane. The BD-100-1A10 is a 
twin engine, transport category airplane with a passenger seating 
capacity of 16 and a maximum takeoff weight of 38,500 to 40,600 pounds, 
depending on the specific design.
    The FAA is issuing these special conditions for non-rechargeable 
lithium battery installations on the BD-100-1A10 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.

[[Page 22068]]

Type Certification Basis

    Under the provisions of 14 CFR 21.101, Bombardier must show that 
the BD-100-1A10 airplane meets the applicable provisions of the 
regulations listed in type certificate no. T00005NY 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-100-1A10 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-100-1A10 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 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.

[[Page 22069]]

    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-100-1A10 
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.


0
The authority citation for these special conditions is as follows:

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

The Special Conditions

0
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-100-1A10 
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 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 27, 2017.
Paul Bernado,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2017-09661 Filed 5-11-17; 8:45 am]
BILLING CODE 4910-13-P



                                                22066                 Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Rules and Regulations

                                                include any other model that                            is considered an acceptable means of                     b. The maximum acceleration of the
                                                incorporates the same novel or unusual                  compliance to these special conditions.               APU.
                                                design feature, or should any other                        These special conditions contain the                  3. For engine supporting structure, an
                                                model already included on the same                      additional safety standards that the                  ultimate loading condition must be
                                                type certificate be modified to                         Administrator considers necessary to                  considered that combines 1g flight loads
                                                incorporate the same novel or unusual                   establish a level of safety equivalent to             with the transient dynamic loads
                                                design feature, these special conditions                that established by the existing                      resulting from:
                                                would also apply to the other model                     airworthiness standards.                                 a. The loss of any fan, compressor, or
                                                under § 21.101.                                                                                               turbine blade; and separately
                                                                                                        Applicability
                                                  In addition to the applicable                                                                                  b. Where applicable to a specific
                                                airworthiness regulations and special                      As discussed above, these special                  engine design, any other engine
                                                conditions, the Model BD–700–2A12                       conditions are applicable to the Model                structural failure that results in higher
                                                and BD–700–2A13 airplanes must                          BD–700–2A12 and BD–700–2A13                           loads.
                                                comply with the fuel-vent and exhaust-                  airplanes. Should Bombardier apply at a                  4. The ultimate loads developed from
                                                emission requirements of 14 CFR part                    later date for a change to the type                   the conditions specified in paragraphs
                                                34, and the noise-certification                         certificate to include another model                  3(a) and 3(b) of these special conditions
                                                requirements of 14 CFR part 36.                         incorporating the same novel or unusual               are to be multiplied by a factor of 1.0
                                                  The FAA issues special conditions, as                 design feature, these special conditions              when applied to engine mounts and
                                                defined in 14 CFR 11.19, in accordance                  would apply to the other model as well.               pylons, and multiplied by a factor of
                                                with § 11.38, and they become part of                   Conclusion                                            1.25 when applied to adjacent
                                                the type certification basis under                                                                            supporting airframe structure.
                                                § 21.101.                                                 This action affects only one novel or                  5. Any permanent deformation that
                                                                                                        unusual design feature on Bombardier                  results from the conditions specified in
                                                Novel or Unusual Design Feature                         Model BD–700–2A12 and BD–700–                         paragraph 3 must not prevent continued
                                                  The Bombardier Model BD–700–2A12                      2A13 airplanes. It is not a rule of general           safe flight and landing.
                                                and BD–700–2A13 airplanes will                          applicability and affects only the
                                                                                                                                                                Issued in Renton, Washington, on April 27,
                                                incorporate a novel or unusual design                   applicant who applied to FAA for                      2017.
                                                feature associated with engine-seizure                  approval of this feature on the airplane.
                                                                                                                                                              Paul Bernado,
                                                requirements due, in part, to large                     List of Subjects in 14 CFR Part 25                    Acting Manager, Transport Airplane
                                                bypass fans capable of producing much                                                                         Directorate, Aircraft Certification Service.
                                                larger and more complex dynamic loads                     Aircraft, Aviation safety, Reporting
                                                                                                        and recordkeeping requirements.                       [FR Doc. 2017–09663 Filed 5–11–17; 8:45 am]
                                                than would other bypass fans.                                                                                 BILLING CODE 4910–13–P
                                                                                                        ■ The authority citation for these
                                                Discussion
                                                                                                        special conditions is as follows:
                                                  The limit engine torque load imposed                    Authority: 49 U.S.C. 106(g), 40113, 44701,          DEPARTMENT OF TRANSPORTATION
                                                by sudden engine stoppage due to                        44702, 44704.
                                                malfunction or structural failure (such                                                                       Federal Aviation Administration
                                                as compressor jamming) has been a                       The Proposed Special Conditions
                                                specific requirement for transport-                     ■ Accordingly, pursuant to the authority              14 CFR Part 25
                                                category airplanes since 1957. In the                   delegated to me by the Administrator,
                                                past, the design torque loads associated                the following special conditions are                  [Docket No. FAA–2017–0358; Special
                                                with typical failure scenarios have been                issued as part of the type certification              Conditions No. 25–659–SC]
                                                estimated by the engine manufacturer                    basis for Bombardier Model BD–700–
                                                and provided to the airframe                                                                                  Special Conditions: Bombardier
                                                                                                        2A12 and BD–700–2A13 airplanes.
                                                manufacturer as limit loads. These limit                                                                      Aerospace Inc., Model BD–100–1A10
                                                                                                           In lieu of § 25.361(b) the following
                                                loads were considered simple, pure,                                                                           Airplane; Non-Rechargeable Lithium
                                                                                                        special conditions apply:
                                                torque static loads.                                                                                          Battery Installations
                                                                                                           1. For turbine engine installations, the
                                                  It is evident from service history that               engine mounts, pylons, and adjacent                   AGENCY:  Federal Aviation
                                                the engine-failure events that tend to                  supporting airframe structure must be                 Administration (FAA), DOT.
                                                cause the most severe loads are fan-                    designed to withstand 1g level flight                 ACTION: Final special conditions; request
                                                blade failures. These events occur much                 loads acting simultaneously with the                  for comment.
                                                less frequently than the typical ‘‘limit’’              maximum limit torque loads imposed
                                                load condition.                                         by each of the following:                             SUMMARY:    These special conditions are
                                                  Regulatory authorities and industry                      a. Sudden engine deceleration due to               issued for non-rechargeable lithium
                                                have developed a standardized                           a malfunction that could result in a                  battery installations on the Bombardier
                                                requirement in the Aviation Rulemaking                  temporary loss of power or thrust, and                Aerospace Inc. (Bombardier) Model BD–
                                                Advisory Committee (ARAC) forum                            b. The maximum acceleration of the                 100–1A10 airplane. Non-rechargeable
                                                (Aviation Rulemaking Advisory                           engine.                                               lithium batteries are a novel or unusual
                                                Committee; Loads and Dynamics                              2. For auxiliary power unit (APU)                  design feature when compared to the
                                                Harmonization Working Group [58 FR                      installations, the power unit mounts                  state of technology envisioned in the
                                                13819]). The technical aspects of this                  and adjacent supporting airframe                      airworthiness standards for transport
mstockstill on DSK30JT082PROD with RULES




                                                requirement have been agreed upon,                      structure must be designed to withstand               category airplanes. The applicable
                                                and the ARAC Loads and Dynamics                         1g level flight loads acting                          airworthiness regulations do not contain
                                                Harmonization Working Group has                         simultaneously with the maximum limit                 adequate or appropriate safety standards
                                                accepted them. These special conditions                 torque loads imposed by each of the                   for this design feature. These special
                                                reflect the ARAC recommendation. The                    following:                                            conditions contain the additional safety
                                                ARAC recommendation includes                               a. Sudden APU deceleration due to                  standards that the Administrator
                                                corresponding advisory material, which                  malfunction or structural failure; and                considers necessary to establish a level


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                                                                      Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Rules and Regulations                                         22067

                                                of safety equivalent to that established                installed in most makes and models of                 Technical Standard Order C126b, or
                                                by the existing airworthiness standards.                transport category airplanes. We intend               later revision, on transport airplanes
                                                DATES: This action is effective on                      to require special conditions for                     operating only in Alaska. This will
                                                Bombardier on May 12, 2017. We must                     certification projects involving non-                 support our efforts of encouraging
                                                receive your comments by June 26,                       rechargeable lithium battery                          operators in Alaska to upgrade to a 406
                                                2017.                                                   installations to address certain safety               MHz ELT. These ELTs provide
                                                                                                        issues until we can revise the                        significantly improved accuracy for
                                                ADDRESSES: Send comments identified
                                                                                                        airworthiness requirements. Applying                  lifesaving services to locate an accident
                                                by docket number FAA–2017–0358
                                                                                                        special conditions to these installations             site in Alaskan terrain. The FAA
                                                using any of the following methods:
                                                                                                        across the range of transport category
                                                   • Federal eRegulations Portal: Go to                                                                       considers that the safety benefits from
                                                                                                        airplanes will ensure regulatory                      upgrading to a 406 MHz ELT for
                                                http://www.regulations.gov/ and follow
                                                                                                        consistency.                                          Alaskan operations will outweigh the
                                                the online instructions for sending your                   Typically, the FAA issues special
                                                comments electronically.                                                                                      battery fire risk.
                                                                                                        conditions after receiving an application
                                                   • Mail: Send comments to Docket
                                                                                                        for type certificate approval of a novel              Comments Invited
                                                Operations, M–30, U.S. Department of
                                                                                                        or unusual design feature. However, the
                                                Transportation (DOT), 1200 New Jersey                                                                           The substance of these special
                                                                                                        FAA has found that the presence of non-
                                                Avenue SE., Room W12–140, West                          rechargeable lithium batteries in                     conditions has been subjected to the
                                                Building Ground Floor, Washington, DC                   certification projects is not always                  notice and comment period in prior
                                                20590–0001.                                             immediately identifiable, since the                   instances and has been derived without
                                                   • Hand Delivery or Courier: Take                                                                           substantive change from those
                                                                                                        battery itself may not be the focus of the
                                                comments to Docket Operations in                                                                              previously issued. It is unlikely that
                                                                                                        project. Meanwhile, the inclusion of
                                                Room W12–140 of the West Building                                                                             prior public comment would result in a
                                                                                                        these batteries has become virtually
                                                Ground Floor at 1200 New Jersey                         ubiquitous on in-production transport                 significant change from the substance
                                                Avenue SE., Washington, DC, between 9                   category airplanes, which shows that                  contained herein. Therefore, the FAA
                                                a.m. and 5 p.m., Monday through                         there will be a need for these special                has determined that prior public notice
                                                Friday, except Federal holidays.                        conditions. Also, delaying the issuance               and comment are unnecessary and
                                                   • Fax: Fax comments to Docket                                                                              impracticable, and good cause exists for
                                                                                                        of special conditions until after each
                                                Operations at 202–493–2251.                                                                                   adopting these special conditions upon
                                                                                                        design application is received could
                                                   Privacy: The FAA will post all
                                                                                                        lead to costly certification delays.                  publication in the Federal Register. The
                                                comments it receives, without change,
                                                                                                        Therefore the FAA finds it necessary to               FAA is requesting comments to allow
                                                to http://www.regulations.gov/,
                                                                                                        issue special conditions applicable to                interested persons to submit views that
                                                including any personal information the
                                                                                                        these battery installations on particular             may not have been submitted in
                                                commenter provides. Using the search
                                                                                                        makes and models of aircraft.                         response to the prior opportunities for
                                                function of the docket Web site, anyone                    On April 22, 2016, the FAA published               comment described above.
                                                can find and read the electronic form of                special conditions no. 25–612–SC in the
                                                all comments received into any FAA                                                                              We invite interested people to take
                                                                                                        Federal Register (81 FR 23573)
                                                docket, including the name of the                                                                             part in this rulemaking by sending
                                                                                                        applicable to Gulfstream Aerospace
                                                individual sending the comment (or                                                                            written comments, data, or views. The
                                                                                                        Corporation for the GVI airplane. Those
                                                signing the comment for an association,                 were the first special conditions the                 most helpful comments reference a
                                                business, labor union, etc.). DOT’s                     FAA issued for non-rechargeable                       specific portion of the special
                                                complete Privacy Act Statement can be                   lithium battery installations. We                     conditions, explain the reason for any
                                                found in the Federal Register published                 explained in that document our                        recommended change, and include
                                                on April 11, 2000 (65 FR 19477–19478),                  decision to make those special                        supporting data.
                                                as well as at http://DocketsInfo.dot.gov/.              conditions effective one year after                     We will consider all comments we
                                                   Docket: Background documents or                      publication in the Federal Register,                  receive by the closing date for
                                                comments received may be read at                        which is April 22, 2017. In those special             comments. We may change these special
                                                http://www.regulations.gov/ at any time.                conditions, the FAA stated its intention              conditions based on the comments we
                                                Follow the online instructions for                      to apply non-rechargeable lithium                     receive.
                                                accessing the docket or go to Docket                    battery special conditions to design
                                                Operations in Room W12–140 of the                       changes on other makes and models                     Background
                                                West Building Ground Floor at 1200                      applied for after this same date.
                                                New Jersey Avenue SE., Washington,                                                                              Bombardier holds type certificate no.
                                                                                                           Section 1205 of the FAA
                                                DC, between 9 a.m. and 5 p.m., Monday                                                                         T00005NY, which provides the
                                                                                                        Reauthorization Act of 1996 requires the
                                                through Friday, except Federal holidays.                                                                      certification basis for the BD–100–1A10
                                                                                                        FAA to consider the extent to which
                                                                                                                                                              airplane. The BD–100–1A10 is a twin
                                                FOR FURTHER INFORMATION CONTACT:                        Alaska is not served by transportation
                                                                                                                                                              engine, transport category airplane with
                                                Nazih Khaouly, Airplane and Flight                      modes other than aviation and to
                                                                                                                                                              a passenger seating capacity of 16 and
                                                Crew Interface Branch, ANM–111,                         establish appropriate regulatory
                                                Transport Airplane Directorate, Aircraft                distinctions when modifying                           a maximum takeoff weight of 38,500 to
                                                Certification Service, 1601 Lind Avenue                 airworthiness regulations that affect                 40,600 pounds, depending on the
                                                SW., Renton, Washington 98057–3356;                     intrastate aviation in Alaska. In                     specific design.
                                                telephone 425–227–2432; facsimile                       consideration of this requirement and                   The FAA is issuing these special
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                                                425–227–1149.                                           the overall impact on safety, the FAA                 conditions for non-rechargeable lithium
                                                SUPPLEMENTARY INFORMATION:                              does not intend to require non-                       battery installations on the BD–100–
                                                                                                        rechargeable lithium battery special                  1A10 airplane. The current battery
                                                Future Requests for Installation of Non-                conditions for design changes that only               requirements in title 14, Code of Federal
                                                Rechargeable Lithium Batteries                          replace a 121.5 megahertz (MHz)                       Regulations (14 CFR) part 25 are
                                                  The FAA anticipates that non-                         emergency locator transmitter (ELT)                   inadequate for addressing an airplane
                                                rechargeable lithium batteries will be                  with a 406 MHz ELT that meets                         with non-rechargeable lithium batteries.


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                                                22068                 Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Rules and Regulations

                                                Type Certification Basis                                in February 1965. This recodification                 result in self-sustaining increases in
                                                   Under the provisions of 14 CFR                       basically reworded the CAR 4b battery                 temperature and pressure (i.e., thermal
                                                21.101, Bombardier must show that the                   requirements, which are currently in                  runaway) than their nickel-cadmium or
                                                BD–100–1A10 airplane meets the                          § 25.1353(b)(1) through (4). Non-                     lead-acid counterparts. The metallic
                                                                                                        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. T00005NY
                                                                                                        technology considered when these                         • Fast or imbalanced discharging:
                                                or the applicable regulations in effect on                                                                    Fast discharging or an imbalanced
                                                                                                        requirements were codified. These
                                                the date of application for the change,                                                                       discharge of one cell of a multi-cell
                                                                                                        batteries introduce higher energy levels
                                                except for earlier amendments as agreed                                                                       battery may create an overheating
                                                                                                        into airplane systems through new
                                                upon by the FAA. In addition, the                                                                             condition that results in an
                                                                                                        chemical compositions in various
                                                certification basis includes certain                                                                          uncontrollable venting condition, which
                                                                                                        battery cell sizes and construction.
                                                special conditions, exemptions, or later                                                                      in turn leads to a thermal event or an
                                                                                                        Interconnection of these cells in battery
                                                amended sections that are not relevant                                                                        explosion.
                                                                                                        packs introduces failure modes that
                                                to these special conditions.                                                                                     • Flammability: Unlike nickel-
                                                                                                        require unique design considerations,
                                                   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
                                                (i.e., 14 CFR part 25) do not contain                      Recent events involving rechargeable               current in an electrochemical system
                                                adequate or appropriate safety standards                and non-rechargeable lithium batteries                that can be configured to maximize
                                                for the BD–100–1A10 airplane because                    prompted the FAA to initiate a broad                  energy storage of lithium. They also use
                                                of a novel or unusual design feature,                   evaluation of these energy storage                    liquid electrolytes that can be extremely
                                                special conditions are prescribed under                 technologies. In January 2013, two                    flammable. The electrolyte, as well as
                                                the provisions of § 21.16.                              independent events involving                          the electrodes, can serve as a source of
                                                   Special conditions are initially                     rechargeable lithium-ion batteries                    fuel for an external fire if the battery
                                                applicable to the airplane model for                    revealed unanticipated failure modes. A               casing is breached.
                                                which they are issued. Should the type                  National Transportation Safety Board                     Special condition no. 1 of these
                                                certificate for that model be amended                   (NTSB) letter to the FAA, dated May 22,               special conditions requires that each
                                                later to include any other model that                   2014, which is available at http://                   individual cell within a non-
                                                incorporates the same novel or unusual                  www.ntsb.gov, filename A–14–032–                      rechargeable lithium battery be designed
                                                design feature, or should any other                     036.pdf, describes these events.                      to maintain safe temperatures and
                                                model already included on the same                         On July 12, 2013, an event involving               pressures. Special condition no. 2
                                                type certificate be modified to                         a non-rechargeable lithium battery in an              addresses these same issues but for the
                                                incorporate the same novel or unusual                   emergency locator transmitter                         entire battery. Special condition no. 2
                                                design feature, these special conditions                installation demonstrated unanticipated               requires the battery be designed to
                                                would also apply to the other model                     failure modes. The United Kingdom’s                   prevent propagation of a thermal event,
                                                under § 21.101.                                         Air Accidents Investigation Branch                    such as self-sustained, uncontrollable
                                                   In addition to the applicable                        Bulletin S5/2013 describes this event.                increases in temperature or pressure
                                                airworthiness regulations and special                      Some known uses of rechargeable and                from one cell to adjacent cells.
                                                conditions, the BD–100–1A10 must                        non-rechargeable lithium batteries on                    Special conditions nos. 1 and 2 are
                                                comply with the fuel vent and exhaust                   airplanes include:                                    intended to ensure that the non-
                                                emission requirements of 14 CFR part                       • Flight deck and avionics systems                 rechargeable lithium battery and its
                                                34 and the noise certification                          such as displays, global positioning                  cells are designed to eliminate the
                                                requirements of 14 CFR part 36.                         systems, cockpit voice recorders, flight              potential for uncontrollable failures.
                                                   The FAA issues special conditions, as                data recorders, underwater locator                    However, a certain number of failures
                                                defined in 14 CFR 11.19, in accordance                  beacons, navigation computers,                        will occur due to various factors beyond
                                                with § 11.38, and they become part of                   integrated avionics computers, satellite              the control of the battery designer.
                                                the type certification basis under                      network and communication systems,                    Therefore, other special conditions are
                                                § 21.101.                                               communication management units, and                   intended to protect the airplane and its
                                                                                                        remote-monitor electronic line-                       occupants if failure occurs.
                                                Novel or Unusual Design Feature                                                                                  Special conditions 3, 7, and 8 are self-
                                                                                                        replaceable units;
                                                   The novel or unusual design feature is                  • Cabin safety, entertainment, and                 explanatory.
                                                the installation of non-rechargeable                    communications equipment, including                      Special condition no. 4 makes it clear
                                                lithium batteries.                                      emergency locator transmitters, life                  that the flammable fluid fire protection
                                                   For the purpose of these special                     rafts, escape slides, seatbelt air bags,              requirements of § 25.863 apply to non-
                                                conditions, we refer to a battery and                   cabin management systems, Ethernet                    rechargeable lithium battery
                                                battery system as a battery. A battery                  switches, routers and media servers,                  installations. Section 25.863 is
                                                system consists of the battery and any                  wireless systems, Internet and in-flight              applicable to areas of the airplane that
                                                protective, monitoring, and alerting                    entertainment systems, satellite                      could be exposed to flammable fluid
                                                circuitry or hardware inside or outside                 televisions, remotes, and handsets;                   leakage from airplane systems. Non-
                                                of the battery. It also includes vents                     • Systems in cargo areas including                 rechargeable lithium batteries contain
                                                (where necessary) and packaging.                        door controls, sensors, video                         an electrolyte that is a flammable fluid.
                                                                                                        surveillance equipment, and security                     Special condition no. 5 requires that
                                                Discussion
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                                                                                                        systems.                                              each non-rechargeable lithium battery
                                                   The FAA derived the current                             Some known potential hazards and                   installation not damage surrounding
                                                regulations governing installation of                   failure modes associated with non-                    structure or adjacent systems,
                                                batteries in transport category airplanes               rechargeable lithium batteries are:                   equipment, or electrical wiring from
                                                from Civil Air Regulations (CAR)                           • Internal failures: In general, these             corrosive fluids or gases that may escape
                                                4b.625(d) as part of the recodification of              batteries are significantly more                      in such a way as to cause a major or
                                                CAR 4b that established 14 CFR part 25                  susceptible to internal failures that can             more severe failure condition.


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                                                                      Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Rules and Regulations                                               22069

                                                   While special condition no. 5                        Conclusion                                               6. Have provisions to prevent any
                                                addresses corrosive fluids and gases,                     This action affects only a certain                  hazardous effect on airplane structure or
                                                special condition no. 6 addresses heat.                 novel or unusual design feature on one                systems caused by the maximum
                                                Special condition no. 6 requires that                   model of airplane. It is not a rule of                amount of heat it can generate due to
                                                each non-rechargeable lithium battery                   general applicability.                                any failure of it or its individual cells.
                                                installation have provisions to prevent                   The substance of these special                         7. Have a failure sensing and warning
                                                any hazardous effect on airplane                        conditions has been subjected to the                  system to alert the flightcrew if its
                                                structure or systems caused by the                      notice and comment period in prior                    failure affects safe operation of the
                                                maximum amount of heat the battery                      instances and has been derived without                airplane.
                                                installation can generate due to any                                                                             8. Have a means for the flightcrew or
                                                                                                        substantive change from those
                                                failure of it or its individual cells. The                                                                    maintenance personnel to determine the
                                                                                                        previously issued. It is unlikely that
                                                means of meeting special conditions                                                                           battery charge state if the battery’s
                                                                                                        prior public comment would result in a
                                                nos. 5 and 6 may be the same, but the                                                                         function is required for safe operation of
                                                                                                        significant change from the substance
                                                requirements are independent and                                                                              the airplane.
                                                                                                        contained herein. Therefore, the FAA
                                                address different hazards.                              has determined that prior public notice                  Note: A battery system consists of the
                                                   These special conditions apply to all                                                                      battery and any protective, monitoring, and
                                                                                                        and comment are unnecessary and
                                                non-rechargeable lithium battery                                                                              alerting circuitry or hardware inside or
                                                                                                        impracticable, and good cause exists for
                                                installations in lieu of § 25.1353(b)(1)                                                                      outside of the battery. It also includes vents
                                                                                                        adopting these special conditions upon                (where necessary) and packaging. For the
                                                through (4) at Amendment 25–123 or
                                                § 25.1353(c)(1) through (4) at earlier                  publication in the Federal Register. The              purpose of these special conditions, a
                                                amendments. Those regulations remain                    FAA is requesting comments to allow                   ‘‘battery’’ and ‘‘battery system’’ are referred to
                                                in effect for other battery installations.              interested persons to submit views that               as a battery.
                                                   These special conditions contain the                 may not have been submitted in
                                                                                                        response to the prior opportunities for                 Issued in Renton, Washington, on April 27,
                                                additional safety standards that the                                                                          2017.
                                                Administrator considers necessary to                    comment described above.
                                                                                                                                                              Paul Bernado,
                                                establish a level of safety equivalent to               List of Subjects in 14 CFR Part 25                    Acting Manager, Transport Airplane
                                                that established by the existing                                                                              Directorate, Aircraft Certification Service.
                                                airworthiness standards.                                  Aircraft, Aviation safety, Reporting
                                                                                                        and record keeping requirements.                      [FR Doc. 2017–09661 Filed 5–11–17; 8:45 am]
                                                Applicability                                           ■ The authority citation for these
                                                                                                                                                              BILLING CODE 4910–13–P

                                                   These special conditions are                         special conditions is as follows:
                                                applicable to the BD–100–1A10                             Authority: 49 U.S.C. 106(g), 40113, 44701,          DEPARTMENT OF TRANSPORTATION
                                                airplane. Should Bombardier apply at a                  44702, 44704.
                                                later date for a change to the type                                                                           Federal Aviation Administration
                                                certificate to include another model                    The Special Conditions
                                                incorporating the same novel or unusual                 ■ Accordingly, pursuant to the authority              14 CFR Part 71
                                                design feature, these special conditions                delegated to me by the Administrator,
                                                would apply to that model as well.                                                                            [Docket No. FAA–2016–9494; Airspace
                                                                                                        the following special conditions are                  Docket No. 16–ASW–19]
                                                   These special conditions are only                    issued as part of the type certification
                                                applicable to design changes applied for                basis for the Bombardier Model BD–                    Amendment of Class E Airspace for
                                                after the effective date.                               100–1A10 airplane.                                    Haskell, TX
                                                   These special conditions are not
                                                applicable to changes to previously                     Non-Rechargeable Lithium Battery                      AGENCY:  Federal Aviation
                                                certified non-rechargeable lithium                      Installations                                         Administration (FAA), DOT.
                                                battery installations where the only                       In lieu of § 25.1353(b)(1) through (4)             ACTION: Final rule.
                                                change is either cosmetic or to relocate                at Amendment 25–123 or § 25.1353(c)(1)
                                                the installation to improve the safety of               through (4) at earlier amendments, each               SUMMARY:   This action modifies Class E
                                                the airplane and occupants. Previously                  non-rechargeable lithium battery                      airspace extending upward from 700
                                                certified non-rechargeable lithium                      installation must:                                    feet above the surface at Haskell
                                                battery installations, as used in this                     1. Be designed to maintain safe cell               Municipal Airport, Haskell, TX. The
                                                paragraph, are those installations                      temperatures and pressures under all                  decommissioning of the Haskell radio
                                                approved for certification projects                     foreseeable operating conditions to                   beacon (RBN) and cancellation of RBN
                                                applied for on or before the effective                  prevent fire and explosion.                           approach makes it necessary to
                                                date of these special conditions. A                        2. Be designed to prevent the                      implement new area navigation (RNAV)
                                                cosmetic change is a change in                          occurrence of self-sustaining,                        procedures for the safety and
                                                appearance only, and does not change                    uncontrollable increases in temperature               management of instrument flight rules
                                                any function or safety characteristic of                or pressure.                                          (IFR) operations at the airport. This
                                                the battery installation. These special                    3. Not emit explosive or toxic gases,              action also updates the geographic
                                                conditions are also not applicable to                   either in normal operation or as a result             coordinates of the airport.
                                                unchanged, previously certified non-                    of its failure, that may accumulate in                DATES: Effective 0901 UTC, September
                                                rechargeable lithium battery                            hazardous quantities within the                       14, 2017. The Director of the Federal
                                                installations that are affected by a                    airplane.                                             Register approves this incorporation by
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                                                change in a manner that improves the                       4. Meet the requirements of § 25.863.              reference action under Title 1, Code of
                                                safety of its installation. The FAA                        5. Not damage surrounding structure                Federal Regulations, part 51, subject to
                                                determined that these exclusions are in                 or adjacent systems, equipment, or                    the annual revision of FAA Order
                                                the public interest because the need to                 electrical wiring from corrosive fluids or            7400.11 and publication of conforming
                                                meet all of the special conditions might                gases that may escape in such a way as                amendments.
                                                otherwise deter these design changes                    to cause a major or more severe failure               ADDRESSES: FAA Order 7400.11A,
                                                that improve safety.                                    condition.                                            Airspace Designations and Reporting


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Document Created: 2017-05-12 01:09:12
Document Modified: 2017-05-12 01:09:12
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 12, 2017. We must receive your comments by June 26, 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 22066 
CFR AssociatedAircraft; Aviation Safety and Reporting and Record Keeping Requirements

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