82_FR_22492 82 FR 22399 - Special Conditions: Airbus, Model A380-800 Series Airplanes; Non-Rechargeable Lithium Battery Installations

82 FR 22399 - Special Conditions: Airbus, Model A380-800 Series Airplanes; Non-Rechargeable Lithium Battery Installations

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 82, Issue 93 (May 16, 2017)

Page Range22399-22402
FR Document2017-09840

These special conditions are issued for non-rechargeable lithium battery installations on the Airbus Model A380-800 series airplanes. 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 93 (Tuesday, May 16, 2017)
[Federal Register Volume 82, Number 93 (Tuesday, May 16, 2017)]
[Rules and Regulations]
[Pages 22399-22402]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09840]



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

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

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

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


Federal Register / Vol. 82, No. 93 / Tuesday, May 16, 2017 / Rules 
and Regulations

[[Page 22399]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2017-0371; Special Conditions No. 25-672-SC]


Special Conditions: Airbus, Model A380-800 Series Airplanes; 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 Airbus Model A380-800 series 
airplanes. 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 Airbus on May 16, 2017. We must 
receive your comments by June 30, 2017.

ADDRESSES: Send comments identified by docket number FAA-2017-0371 
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 22400]]

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

    Airbus holds type certificate no. A58NM, which provides the 
certification basis for the A380-800 series airplanes. The A380-800 
series airplanes are four engine, transport category airplanes with a 
passenger seating capacity of 853 and a maximum takeoff weight of 
1,124,400 to 1,254,400 pounds, depending on the specific design.
    The FAA is issuing these special conditions for non-rechargeable 
lithium battery installations on the A380-800 series airplanes. 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, Airbus must show that the 
A380-800 series airplanes meet the applicable provisions of the 
regulations listed in type certificate no. A58NM 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 A380-800 series airplanes because 
of a novel 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 
or similar 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 A380-800 series airplanes 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.

[[Page 22401]]

     Fast or imbalanced discharging: Fast discharging or an 
imbalanced discharge of one cell of a multi-cell battery may create an 
overheating condition that results in an uncontrollable venting 
condition, which in turn leads to a thermal event or an explosion.
     Flammability: Unlike nickel-cadmium and lead-acid 
batteries, lithium batteries use higher energy and current in an 
electrochemical system that can be configured to maximize energy 
storage of lithium. They also use liquid electrolytes that can be 
extremely flammable. The electrolyte, as well as the electrodes, can 
serve as a source of fuel for an external fire if the battery casing is 
breached.
    Special condition no. 1 of these special conditions requires that 
each individual cell within a non-rechargeable lithium battery be 
designed to maintain safe temperatures and pressures. Special condition 
no. 2 addresses these same issues but for the entire battery. Special 
condition no. 2 requires the battery be designed to prevent propagation 
of a thermal event, such as self-sustained, uncontrollable increases in 
temperature or pressure from one cell to adjacent cells.
    Special conditions nos. 1 and 2 are intended to ensure that the 
non-rechargeable lithium battery and its cells are designed to 
eliminate the potential for uncontrollable failures. However, a certain 
number of failures will occur due to various factors beyond the control 
of the battery designer. Therefore, other special conditions are 
intended to protect the airplane and its occupants if failure occurs.
    Special conditions 3, 7, and 8 are self-explanatory.
    Special condition no. 4 makes it clear that the flammable fluid 
fire protection requirements of Sec.  25.863 apply to non-rechargeable 
lithium battery installations. Section 25.863 is applicable to areas of 
the airplane that could be exposed to flammable fluid leakage from 
airplane systems. Non-rechargeable lithium batteries contain an 
electrolyte that is a flammable fluid.
    Special condition no. 5 requires that each non-rechargeable lithium 
battery installation not damage surrounding structure or adjacent 
systems, equipment, or electrical wiring from corrosive fluids or gases 
that may escape in such a way as to cause a major or more severe 
failure condition.
    While special condition no. 5 addresses corrosive fluids and gases, 
special condition no. 6 addresses heat. Special condition no. 6 
requires that each non-rechargeable lithium battery installation have 
provisions to prevent any hazardous effect on airplane structure or 
systems caused by the maximum amount of heat the battery installation 
can generate due to any failure of it or its individual cells. The 
means of meeting special conditions nos. 5 and 6 may be the same, but 
the requirements are independent and address different hazards.
    These special conditions apply to all non-rechargeable lithium 
battery installations in lieu of Sec.  25.1353(b)(1) through (4) at 
Amendment 25-123 or Sec.  25.1353(c)(1) through (4) at earlier 
amendments. Those regulations remain in effect for other battery 
installations.
    These special conditions contain the additional safety standards 
that the Administrator considers necessary to establish a level of 
safety equivalent to that established by the existing airworthiness 
standards.

Applicability

    These special conditions are applicable to the A380-800 series 
airplanes. Should Airbus 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 Airbus Model A380-800 series 
airplanes.

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.

[[Page 22402]]

    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 May 9, 2017.
Michael Kaszycki,
Assistant Manager, Transport Airplane Directorate, Aircraft 
Certification Service.
[FR Doc. 2017-09840 Filed 5-15-17; 8:45 am]
 BILLING CODE 4910-13-P



                                                                                                                                                                                             22399

                                             Rules and Regulations                                                                                         Federal Register
                                                                                                                                                           Vol. 82, No. 93

                                                                                                                                                           Tuesday, May 16, 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                         including any personal information the                category airplanes, which shows that
                                                                                                     commenter provides. Using the search                  there will be a need for these special
                                             14 CFR Part 25                                          function of the docket Web site, anyone               conditions. Also, delaying the issuance
                                                                                                     can find and read the electronic form of              of special conditions until after each
                                             [Docket No. FAA–2017–0371; Special
                                             Conditions No. 25–672–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: Airbus, Model                       individual sending the comment (or                    Therefore the FAA finds it necessary to
                                             A380–800 Series Airplanes; Non-                         signing the comment for an association,               issue special conditions applicable to
                                             Rechargeable Lithium Battery                            business, labor union, etc.). DOT’s                   these battery installations on particular
                                             Installations                                           complete Privacy Act Statement can be                 makes and models of aircraft.
                                                                                                     found in the Federal Register published                  On April 22, 2016, the FAA published
                                             AGENCY:  Federal Aviation                               on April 11, 2000 (65 FR 19477–19478),                special conditions no. 25–612–SC in the
                                             Administration (FAA), DOT.                              as well as at http://DocketsInfo.dot                  Federal Register (81 FR 23573)
                                             ACTION: Final special conditions; request               .gov/.                                                applicable to Gulfstream Aerospace
                                             for comment.                                               Docket: Background documents or                    Corporation for the GVI airplane. Those
                                                                                                     comments received may be read at                      were the first special conditions the
                                             SUMMARY:   These special conditions are                 http://www.regulations.gov/ at any time.              FAA issued for non-rechargeable
                                             issued for non-rechargeable lithium                     Follow the online instructions for                    lithium battery installations. We
                                             battery installations on the Airbus                     accessing the docket or go to Docket                  explained in that document our
                                             Model A380–800 series airplanes. Non-                   Operations in Room W12–140 of the                     decision to make those special
                                             rechargeable lithium batteries are a                    West Building Ground Floor at 1200                    conditions effective one year after
                                             novel or unusual design feature when                    New Jersey Avenue SE., Washington,                    publication in the Federal Register,
                                             compared to the state of technology                     DC, between 9 a.m. and 5 p.m., Monday                 which is April 22, 2017. In those special
                                             envisioned in the airworthiness                         through Friday, except Federal holidays.              conditions, the FAA stated its intention
                                             standards for transport category                        FOR FURTHER INFORMATION CONTACT:                      to apply non-rechargeable lithium
                                             airplanes. The applicable airworthiness                 Nazih Khaouly, Airplane and Flight                    battery special conditions to design
                                             regulations do not contain adequate or                  Crew Interface Branch, ANM–111,                       changes on other makes and models
                                             appropriate safety standards for this                   Transport Airplane Directorate, Aircraft              applied for after this same date.
                                             design feature. These special conditions                Certification Service, 1601 Lind Avenue                  Section 1205 of the FAA
                                             contain the additional safety standards                 SW., Renton, Washington 98057–3356;                   Reauthorization Act of 1996 requires the
                                             that the Administrator considers                        telephone 425–227–2432; facsimile                     FAA to consider the extent to which
                                             necessary to establish a level of safety                425–227–1149.                                         Alaska is not served by transportation
                                             equivalent to that established by the                                                                         modes other than aviation and to
                                                                                                     SUPPLEMENTARY INFORMATION:
                                             existing airworthiness standards.                                                                             establish appropriate regulatory
                                             DATES: This action is effective on Airbus               Future Requests for Installation of Non-              distinctions when modifying
                                             on May 16, 2017. We must receive your                   Rechargeable Lithium Batteries                        airworthiness regulations that affect
                                             comments by June 30, 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–2017–0371                          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)
pmangrum on DSK3GDR082PROD with RULES




                                             comments electronically.                                installations to address certain safety               emergency locator transmitter (ELT)
                                                • Mail: Send comments to Docket                      issues until we can revise the                        with a 406 MHz ELT that meets
                                             Operations, M–30, U.S. Department of                    airworthiness requirements. Applying                  Technical Standard Order C126b, or
                                             Transportation (DOT), 1200 New Jersey                   special conditions to these installations             later revision, on transport airplanes
                                             Avenue SE., Room W12–140, West                          across the range of transport category                operating only in Alaska. This will
                                             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   14:05 May 15, 2017   Jkt 241001   PO 00000   Frm 00001   Fmt 4700   Sfmt 4700   E:\FR\FM\16MYR1.SGM   16MYR1


                                             22400               Federal Register / Vol. 82, No. 93 / Tuesday, May 16, 2017 / Rules and Regulations

                                             MHz ELT. These ELTs provide                             the applicable regulations in effect on               technology considered when these
                                             significantly improved accuracy for                     the date of application for the change,               requirements were codified. These
                                             lifesaving services to locate an accident               except for earlier amendments as agreed               batteries introduce higher energy levels
                                             site in Alaskan terrain. The FAA                        upon by the FAA. In addition, the                     into airplane systems through new
                                             considers that the safety benefits from                 certification basis includes certain                  chemical compositions in various
                                             upgrading to a 406 MHz ELT for                          special conditions, exemptions, or later              battery cell sizes and construction.
                                             Alaskan operations will outweigh the                    amended sections that are not relevant                Interconnection of these cells in battery
                                             battery fire risk.                                      to these special conditions.                          packs introduces failure modes that
                                                                                                        If the Administrator finds that the                require unique design considerations,
                                             Comments Invited                                        applicable airworthiness regulations                  such as provisions for thermal
                                               The substance of these special                        (i.e., 14 CFR part 25) do not contain                 management.
                                             conditions has been subjected to the                    adequate or appropriate safety standards                 Recent events involving rechargeable
                                             notice and comment period in prior                      for the A380–800 series airplanes                     and non-rechargeable lithium batteries
                                             instances and has been derived without                  because of a novel design feature,                    prompted the FAA to initiate a broad
                                             substantive change from those                           special conditions are prescribed under               evaluation of these energy storage
                                             previously issued. It is unlikely that                  the provisions of § 21.16.                            technologies. In January 2013, two
                                             prior public comment would result in a                     Special conditions are initially                   independent events involving
                                             significant change from the substance                   applicable to the airplane model for                  rechargeable lithium-ion batteries
                                             contained herein. Therefore, the FAA                    which they are issued. Should the type                revealed unanticipated failure modes. A
                                             has determined that prior public notice                 certificate for that model be amended                 National Transportation Safety Board
                                             and comment are unnecessary and                         later to include any other model that                 (NTSB) letter to the FAA, dated May 22,
                                             impracticable, and good cause exists for                incorporates the same or similar novel                2014, which is available at http://
                                             adopting these special conditions upon                  or unusual design feature, or should any              www.ntsb.gov, filename A–14–032–
                                             publication in the Federal Register. The                other model already included on the                   036.pdf, describes these events.
                                             FAA is requesting comments to allow                     same type certificate be modified to                     On July 12, 2013, an event involving
                                             interested persons to submit views that                 incorporate the same novel or unusual                 a non-rechargeable lithium battery in an
                                             may not have been submitted in                          design feature, these special conditions              emergency locator transmitter
                                             response to the prior opportunities for                 would also apply to the other model                   installation demonstrated unanticipated
                                             comment described above.                                under § 21.101.                                       failure modes. The United Kingdom’s
                                               We invite interested people to take                      In addition to the applicable                      Air Accidents Investigation Branch
                                             part in this rulemaking by sending                      airworthiness regulations and special                 Bulletin S5/2013 describes this event.
                                             written comments, data, or views. The                   conditions, the A380–800 series                          Some known uses of rechargeable and
                                             most helpful comments reference a                       airplanes must comply with the fuel                   non-rechargeable lithium batteries on
                                             specific portion of the special                         vent and exhaust emission requirements                airplanes include:
                                             conditions, explain the reason for any                  of 14 CFR part 34 and the noise                          • Flight deck and avionics systems
                                             recommended change, and include                         certification requirements of 14 CFR                  such as displays, global positioning
                                             supporting data.                                        part 36.                                              systems, cockpit voice recorders, flight
                                               We will consider all comments we                         The FAA issues special conditions, as              data recorders, underwater locator
                                             receive by the closing date for                         defined in 14 CFR 11.19, in accordance                beacons, navigation computers,
                                             comments. We may change these special                   with § 11.38, and they become part of                 integrated avionics computers, satellite
                                             conditions based on the comments we                     the type certification basis under                    network and communication systems,
                                             receive.                                                § 21.101.                                             communication management units, and
                                                                                                                                                           remote-monitor electronic line-
                                             Background                                              Novel or Unusual Design Feature                       replaceable units;
                                               Airbus holds type certificate no.                        The novel or unusual design feature is                • Cabin safety, entertainment, and
                                             A58NM, which provides the                               the installation of non-rechargeable                  communications equipment, including
                                             certification basis for the A380–800                    lithium batteries.                                    emergency locator transmitters, life
                                             series airplanes. The A380–800 series                      For the purpose of these special                   rafts, escape slides, seatbelt air bags,
                                             airplanes are four engine, transport                    conditions, we refer to a battery and                 cabin management systems, Ethernet
                                             category airplanes with a passenger                     battery system as a battery. A battery                switches, routers and media servers,
                                             seating capacity of 853 and a maximum                   system consists of the battery and any                wireless systems, internet and in-flight
                                             takeoff weight of 1,124,400 to 1,254,400                protective, monitoring, and alerting                  entertainment systems, satellite
                                             pounds, depending on the specific                       circuitry or hardware inside or outside               televisions, remotes, and handsets;
                                             design.                                                 of the battery. It also includes vents                   • Systems in cargo areas including
                                               The FAA is issuing these special                      (where necessary) and packaging.                      door controls, sensors, video
                                             conditions for non-rechargeable lithium                                                                       surveillance equipment, and security
                                                                                                     Discussion
                                             battery installations on the A380–800                                                                         systems.
                                             series airplanes. The current battery                     The FAA derived the current                            Some known potential hazards and
                                             requirements in title 14, Code of Federal               regulations governing installation of                 failure modes associated with non-
                                             Regulations (14 CFR) part 25 are                        batteries in transport category airplanes             rechargeable lithium batteries are:
                                             inadequate for addressing an airplane                   from Civil Air Regulations (CAR)                         • Internal failures: In general, these
                                             with non-rechargeable lithium batteries.                4b.625(d) as part of the recodification of            batteries are significantly more
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                                                                                                     CAR 4b that established 14 CFR part 25                susceptible to internal failures that can
                                             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, Airbus must show that the                       requirements, which are currently in                  runaway) than their nickel-cadmium or
                                             A380–800 series airplanes meet the                      § 25.1353(b)(1) through (4). Non-                     lead-acid counterparts. The metallic
                                             applicable provisions of the regulations                rechargeable lithium batteries are novel              lithium can ignite, resulting in a self-
                                             listed in type certificate no. A58NM or                 and unusual with respect to the state of              sustaining fire or explosion.


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                                                                 Federal Register / Vol. 82, No. 93 / Tuesday, May 16, 2017 / Rules and Regulations                                            22401

                                                • Fast or imbalanced discharging:                    any hazardous effect on airplane                        The substance of these special
                                             Fast discharging or an imbalanced                       structure or systems caused by the                    conditions has been subjected to the
                                             discharge of one cell of a multi-cell                   maximum amount of heat the battery                    notice and comment period in prior
                                             battery may create an overheating                       installation can generate due to any                  instances and has been derived without
                                             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
                                                                                                        These special conditions are                         The authority citation for these
                                             pressures. Special condition no. 2
                                                                                                     applicable to the A380–800 series                     special conditions is as follows:
                                             addresses these same issues but for the
                                             entire battery. Special condition no. 2                 airplanes. Should Airbus apply at a later               Authority: 49 U.S.C. 106(g), 40113, 44701,
                                             requires the battery be designed to                     date for a change to the type certificate             44702, 44704.
                                             prevent propagation of a thermal event,                 to include another model incorporating                The Special Conditions
                                             such as self-sustained, uncontrollable                  the same novel or unusual design
                                             increases in temperature or pressure                    feature, these special conditions would                 Accordingly, pursuant to the
                                             from one cell to adjacent cells.                        apply to 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 Airbus Model
                                             cells are designed to eliminate the                        These special conditions are not                   A380–800 series airplanes.
                                             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
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                                             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                   novel or unusual design feature on one                systems caused by the maximum
                                             each non-rechargeable lithium battery                   model of airplane. It is not a rule of                amount of heat it can generate due to
                                             installation have provisions to prevent                 general applicability.                                any failure of it or its individual cells.


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                                             22402               Federal Register / Vol. 82, No. 93 / Tuesday, May 16, 2017 / Rules and Regulations

                                                7. Have a failure sensing and warning                   • Federal eRegulations Portal: Go to               special conditions to these installations
                                             system to alert the flightcrew if its                   http://www.regulations.gov/ and follow                across the range of transport category
                                             failure affects safe operation of the                   the online instructions for sending your              airplanes will ensure regulatory
                                             airplane.                                               comments electronically.                              consistency.
                                                8. Have a means for the flightcrew or                   • Mail: Send comments to Docket                       Typically, the FAA issues special
                                             maintenance personnel to determine the                  Operations, M–30, U.S. Department of                  conditions after receiving an application
                                             battery charge state if the battery’s                   Transportation (DOT), 1200 New Jersey                 for type certificate approval of a novel
                                             function is required for safe operation of              Avenue SE., Room W12–140, West                        or unusual design feature. However, the
                                             the airplane.                                           Building Ground Floor, Washington, DC                 FAA has found that the presence of non-
                                                Note: A battery system consists of the               20590–0001.                                           rechargeable lithium batteries in
                                             battery and any protective, monitoring, and                • Hand Delivery or Courier: Take                   certification projects is not always
                                             alerting circuitry or hardware inside or                comments to Docket Operations in                      immediately identifiable, since the
                                             outside of the battery. It also includes vents          Room W12–140 of the West Building                     battery itself may not be the focus of the
                                             (where necessary) and packaging. For the                Ground Floor at 1200 New Jersey                       project. Meanwhile, the inclusion of
                                             purpose of these special conditions, a                                                                        these batteries has become virtually
                                                                                                     Avenue SE., Washington, DC, between 9
                                             ‘‘battery’’ and ‘‘battery system’’ are referred to                                                            ubiquitous on in-production transport
                                             as a battery.                                           a.m. and 5 p.m., Monday through
                                                                                                     Friday, except Federal holidays.                      category airplanes, which shows that
                                               Issued in Renton, Washington, on May 9,                  • Fax: Fax comments to Docket                      there will be a need for these special
                                             2017.                                                   Operations at 202–493–2251.                           conditions. Also, delaying the issuance
                                             Michael Kaszycki,                                          Privacy: The FAA will post all                     of special conditions until after each
                                             Assistant Manager, Transport Airplane                   comments it receives, without change,                 design application is received could
                                             Directorate, Aircraft Certification Service.            to http://www.regulations.gov/,                       lead to costly certification delays.
                                             [FR Doc. 2017–09840 Filed 5–15–17; 8:45 am]             including any personal information the                Therefore the FAA finds it necessary to
                                             BILLING CODE 4910–13–P                                  commenter provides. Using the search                  issue special conditions applicable to
                                                                                                     function of the docket Web site, anyone               these battery installations on particular
                                                                                                     can find and read the electronic form of              makes and models of aircraft.
                                             DEPARTMENT OF TRANSPORTATION                            all comments received into any FAA                       On April 22, 2016, the FAA published
                                                                                                     docket, including the name of the                     special conditions no. 25–612–SC in the
                                             Federal Aviation Administration                         individual sending the comment (or                    Federal Register (81 FR 23573)
                                                                                                     signing the comment for an association,               applicable to Gulfstream Aerospace
                                             14 CFR Part 25                                          business, labor union, etc.). DOT’s                   Corporation for the GVI airplane. Those
                                                                                                     complete Privacy Act Statement can be                 were the first special conditions the
                                             [Docket No. FAA–2017–0385; Special
                                             Conditions No. 25–675–SC]                               found in the Federal Register published               FAA issued for non-rechargeable
                                                                                                     on April 11, 2000 (65 FR 19477–19478),                lithium battery installations. We
                                             Special Conditions: The Boeing                          as well as at http://DocketsInfo.dot                  explained in that document our
                                             Company, Model 747–8 Series                             .gov/.                                                decision to make those special
                                             Airplanes; Non-Rechargeable Lithium                        Docket: Background documents or                    conditions effective one year after
                                             Battery Installations                                   comments received may be read at                      publication in the Federal Register,
                                                                                                     http://www.regulations.gov/ at any time.              which is April 22, 2017. In those special
                                             AGENCY:  Federal Aviation                                                                                     conditions, the FAA stated its intention
                                             Administration (FAA), DOT.                              Follow the online instructions for
                                                                                                                                                           to apply non-rechargeable lithium
                                             ACTION: Final special conditions; request
                                                                                                     accessing the docket or go to Docket
                                                                                                                                                           battery special conditions to design
                                             for comment.                                            Operations in Room W12–140 of the
                                                                                                                                                           changes on other makes and models
                                                                                                     West Building Ground Floor at 1200
                                                                                                                                                           applied for after this same date.
                                             SUMMARY:   These special conditions are                 New Jersey Avenue SE., Washington,                       Section 1205 of the FAA
                                             issued for non-rechargeable lithium                     DC, between 9 a.m. and 5 p.m., Monday                 Reauthorization Act of 1996 requires the
                                             battery installations on The Boeing                     through Friday, except Federal holidays.              FAA to consider the extent to which
                                             Company (Boeing) Model 747–8 series                     FOR FURTHER INFORMATION CONTACT:                      Alaska is not served by transportation
                                             airplanes. Non-rechargeable lithium                     Nazih Khaouly, Airplane and Flight                    modes other than aviation and to
                                             batteries are a novel or unusual design                 Crew Interface Branch, ANM–111,                       establish appropriate regulatory
                                             feature when compared to the state of                   Transport Airplane Directorate, Aircraft              distinctions when modifying
                                             technology envisioned in the                            Certification Service, 1601 Lind Avenue               airworthiness regulations that affect
                                             airworthiness standards for transport                   SW., Renton, Washington, 98057–3356;                  intrastate aviation in Alaska. In
                                             category airplanes. The applicable                      telephone 425–227–2432; facsimile                     consideration of this requirement and
                                             airworthiness regulations do not contain                425–227–1149.                                         the overall impact on safety, the FAA
                                             adequate or appropriate safety standards                SUPPLEMENTARY INFORMATION:                            does not intend to require non-
                                             for this design feature. These special                                                                        rechargeable lithium battery special
                                             conditions contain the additional safety                Future Requests for Installation of Non-              conditions for design changes that only
                                             standards that the Administrator                        Rechargeable Lithium Batteries                        replace a 121.5 megahertz (MHz)
                                             considers necessary to establish a level                   The FAA anticipates that non-                      emergency locator transmitter (ELT)
                                             of safety equivalent to that established                rechargeable lithium batteries will be                with a 406 MHz ELT that meets
                                             by the existing airworthiness standards.                installed in most makes and models of                 Technical Standard Order C126b, or
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                                             DATES: This action is effective on The                  transport category airplanes. We intend               later revision, on transport airplanes
                                             Boeing Company on May 16, 2017. We                      to require special conditions for                     operating only in Alaska. This will
                                             must receive your comments by June 30,                  certification projects involving non-                 support our efforts of encouraging
                                             2017.                                                   rechargeable lithium battery                          operators in Alaska to upgrade to a 406
                                             ADDRESSES: Send comments identified                     installations to address certain safety               MHz ELT. These ELTs provide
                                             by docket number FAA–2017–0385                          issues until we can revise the                        significantly improved accuracy for
                                             using any of the following methods:                     airworthiness requirements. Applying                  lifesaving services to locate an accident


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Document Created: 2017-05-16 13:52:25
Document Modified: 2017-05-16 13:52:25
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 Airbus on May 16, 2017. We must receive your comments by June 30, 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 22399 
CFR AssociatedAircraft; Aviation Safety and Reporting and Record Keeping Requirements

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