82_FR_22495 82 FR 22402 - Special Conditions: The Boeing Company, Model 747-8 Series Airplanes; Non-Rechargeable Lithium Battery Installations

82 FR 22402 - Special Conditions: The Boeing Company, Model 747-8 Series Airplanes; Non-Rechargeable Lithium Battery Installations

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

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

Page Range22402-22405
FR Document2017-09843

These special conditions are issued for non-rechargeable lithium battery installations on The Boeing Company (Boeing) Model 747- 8 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 22402-22405]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09843]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2017-0385; Special Conditions No. 25-675-SC]


Special Conditions: The Boeing Company, Model 747-8 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 Boeing Company (Boeing) Model 747-
8 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 The Boeing Company on May 16, 2017. 
We must receive your comments by June 30, 2017.

ADDRESSES: Send comments identified by docket number FAA-2017-0385 
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

[[Page 22403]]

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

    Boeing holds type certificate no. A20WE, which provides the 
certification basis for the 747-8 series airplanes. The 747-8 airplane 
is a four engine, transport category airplane with a passenger seating 
capacity of 605 and a maximum takeoff weight of 970,000 pounds.
    The FAA is issuing these special conditions for non-rechargeable 
lithium battery installations on the 747-8 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, Boeing must show that the 
747-8 series airplanes meet the applicable provisions of the 
regulations listed in type certificate no. A20WE 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 747-8 series airplanes 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 747-8 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.
     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

[[Page 22404]]

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 747-8 series 
airplanes. Should Boeing 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 Boeing Model 747-8 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.
    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

[[Page 22405]]

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. 2017-09843 Filed 5-15-17; 8:45 am]
 BILLING CODE 4910-13-P



                                             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
pmangrum on DSK3GDR082PROD with RULES




                                             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


                                        VerDate Sep<11>2014   14:05 May 15, 2017   Jkt 241001   PO 00000   Frm 00004   Fmt 4700   Sfmt 4700   E:\FR\FM\16MYR1.SGM   16MYR1


                                                                 Federal Register / Vol. 82, No. 93 / Tuesday, May 16, 2017 / Rules and Regulations                                         22403

                                             site in Alaskan terrain. The FAA                        special conditions, exemptions, or later              Interconnection of these cells in battery
                                             considers that the safety benefits from                 amended sections that are not relevant                packs introduces failure modes that
                                             upgrading to a 406 MHz ELT for                          to these special conditions.                          require unique design considerations,
                                             Alaskan operations will outweigh the                       If the Administrator finds that the                such as provisions for thermal
                                             battery fire risk.                                      applicable airworthiness regulations                  management.
                                                                                                     (i.e., 14 CFR part 25) do not contain                    Recent events involving rechargeable
                                             Comments Invited                                        adequate or appropriate safety standards              and non-rechargeable lithium batteries
                                               The substance of these special                        for the 747–8 series airplanes because of             prompted the FAA to initiate a broad
                                             conditions has been subjected to the                    a novel or unusual design feature,                    evaluation of these energy storage
                                             notice and comment period in prior                      special conditions are prescribed under               technologies. In January 2013, two
                                             instances and has been derived without                  the provisions of § 21.16.                            independent events involving
                                             substantive change from those                              Special conditions are initially                   rechargeable lithium-ion batteries
                                             previously issued. It is unlikely that                  applicable to the airplane model for                  revealed unanticipated failure modes. A
                                             prior public comment would result in a                  which they are issued. Should the type                National Transportation Safety Board
                                             significant change from the substance                   certificate for that model be amended                 (NTSB) letter to the FAA, dated May 22,
                                             contained herein. Therefore, the FAA                    later to include any other model that                 2014, which is available at http://
                                             has determined that prior public notice                 incorporates the same novel or unusual                www.ntsb.gov, filename A–14–032–
                                             and comment are unnecessary and                         design feature, or should any other                   036.pdf, describes these events.
                                             impracticable, and good cause exists for                model already included on the same                       On July 12, 2013, an event involving
                                             adopting these special conditions upon                  type certificate be modified to                       a non-rechargeable lithium battery in an
                                             publication in the Federal Register. The                incorporate the same novel or unusual                 emergency locator transmitter
                                             FAA is requesting comments to allow                     design feature, these special conditions              installation demonstrated unanticipated
                                             interested persons to submit views that                 would also apply to the other model                   failure modes. The United Kingdom’s
                                             may not have been submitted in                          under § 21.101.                                       Air Accidents Investigation Branch
                                             response to the prior opportunities for                    In addition to the applicable                      Bulletin S5/2013 describes this event.
                                             comment described above.                                airworthiness regulations and special                    Some known uses of rechargeable and
                                               We invite interested people to take                   conditions, the 747–8 series airplanes                non-rechargeable lithium batteries on
                                             part in this rulemaking by sending                      must comply with the fuel vent and                    airplanes include:
                                             written comments, data, or views. The                   exhaust emission requirements of 14                      • Flight deck and avionics systems
                                             most helpful comments reference a                       CFR part 34 and the noise certification               such as displays, global positioning
                                             specific portion of the special                         requirements of 14 CFR part 36.                       systems, cockpit voice recorders, flight
                                             conditions, explain the reason for any                     The FAA issues special conditions, as              data recorders, underwater locator
                                             recommended change, and include                         defined in 14 CFR 11.19, in accordance                beacons, navigation computers,
                                             supporting data.                                        with § 11.38, and they become part of                 integrated avionics computers, satellite
                                               We will consider all comments we                      the type certification basis under                    network and communication systems,
                                             receive by the closing date for                         § 21.101.                                             communication management units, and
                                             comments. We may change these special                                                                         remote-monitor electronic line-
                                                                                                     Novel or Unusual Design Feature                       replaceable units;
                                             conditions based on the comments we
                                             receive.                                                   The novel or unusual design feature is                • Cabin safety, entertainment, and
                                                                                                     the installation of non-rechargeable                  communications equipment, including
                                             Background                                              lithium batteries.                                    emergency locator transmitters, life
                                               Boeing holds type certificate no.                        For the purpose of these special                   rafts, escape slides, seatbelt air bags,
                                             A20WE, which provides the                               conditions, we refer to a battery and                 cabin management systems, Ethernet
                                             certification basis for the 747–8 series                battery system as a battery. A battery                switches, routers and media servers,
                                             airplanes. The 747–8 airplane is a four                 system consists of the battery and any                wireless systems, internet and in-flight
                                             engine, transport category airplane with                protective, monitoring, and alerting                  entertainment systems, satellite
                                             a passenger seating capacity of 605 and                 circuitry or hardware inside or outside               televisions, remotes, and handsets;
                                             a maximum takeoff weight of 970,000                     of the battery. It also includes vents                   • Systems in cargo areas including
                                             pounds.                                                 (where necessary) and packaging.                      door controls, sensors, video
                                               The FAA is issuing these special                                                                            surveillance equipment, and security
                                                                                                     Discussion
                                             conditions for non-rechargeable lithium                                                                       systems.
                                             battery installations on the 747–8 series                 The FAA derived the current                            Some known potential hazards and
                                             airplanes. The current battery                          regulations governing installation of                 failure modes associated with non-
                                             requirements in title 14, Code of Federal               batteries in transport category airplanes             rechargeable lithium batteries are:
                                             Regulations (14 CFR) part 25 are                        from Civil Air Regulations (CAR)                         • Internal failures: In general, these
                                             inadequate for addressing an airplane                   4b.625(d) as part of the recodification of            batteries are significantly more
                                             with non-rechargeable lithium batteries.                CAR 4b that established 14 CFR part 25                susceptible to internal failures that can
                                                                                                     in February 1965. This recodification                 result in self-sustaining increases in
                                             Type Certification Basis                                basically reworded the CAR 4b battery                 temperature and pressure (i.e., thermal
                                               Under the provisions of 14 CFR                        requirements, which are currently in                  runaway) than their nickel-cadmium or
                                             21.101, Boeing must show that the 747–                  § 25.1353(b)(1) through (4). Non-                     lead-acid counterparts. The metallic
                                             8 series airplanes meet the applicable                  rechargeable lithium batteries are novel              lithium can ignite, resulting in a self-
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                                             provisions of the regulations listed in                 and unusual with respect to the state of              sustaining fire or explosion.
                                             type certificate no. A20WE or the                       technology considered when these                         • Fast or imbalanced discharging:
                                             applicable regulations in effect on the                 requirements were codified. These                     Fast discharging or an imbalanced
                                             date of application for the change,                     batteries introduce higher energy levels              discharge of one cell of a multi-cell
                                             except for earlier amendments as agreed                 into airplane systems through new                     battery may create an overheating
                                             upon by the FAA. In addition, the                       chemical compositions in various                      condition that results in an
                                             certification basis includes certain                    battery cell sizes and construction.                  uncontrollable venting condition, which


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                                             22404               Federal Register / Vol. 82, No. 93 / Tuesday, May 16, 2017 / Rules and Regulations

                                             in turn leads to a thermal event or an                  nos. 5 and 6 may be the same, but the                 prior public comment would result in a
                                             explosion.                                              requirements are independent and                      significant change from the substance
                                                • Flammability: Unlike nickel-                       address different hazards.                            contained herein. Therefore, the FAA
                                             cadmium and lead-acid batteries,                          These special conditions apply to all               has determined that prior public notice
                                             lithium batteries use higher energy and                 non-rechargeable lithium battery                      and comment are unnecessary and
                                             current in an electrochemical system                    installations in lieu of § 25.1353(b)(1)              impracticable, and good cause exists for
                                             that can be configured to maximize                      through (4) at Amendment 25–123 or                    adopting these special conditions upon
                                             energy storage of lithium. They also use                § 25.1353(c)(1) through (4) at earlier                publication in the Federal Register. The
                                             liquid electrolytes that can be extremely               amendments. Those regulations remain                  FAA is requesting comments to allow
                                             flammable. The electrolyte, as well as                  in effect for other battery installations.            interested persons to submit views that
                                             the electrodes, can serve as a source of                  These special conditions contain the                may not have been submitted in
                                             fuel for an external fire if the battery                additional safety standards that the                  response to the prior opportunities for
                                             casing is breached.                                     Administrator considers necessary to                  comment described above.
                                                Special condition no. 1 of these                     establish a level of safety equivalent to
                                             special conditions requires that each                   that established by the existing                      List of Subjects in 14 CFR Part 25
                                             individual cell within a non-                           airworthiness standards.                                Aircraft, Aviation safety, Reporting
                                             rechargeable lithium battery be designed                                                                      and record keeping requirements.
                                             to maintain safe temperatures and                       Applicability
                                                                                                                                                             The authority citation for these
                                             pressures. Special condition no. 2                         These special conditions are                       special conditions is as follows:
                                             addresses these same issues but for the                 applicable to the 747–8 series airplanes.
                                                                                                     Should Boeing apply at a later date for                 Authority: 49 U.S.C. 106(g), 40113, 44701,
                                             entire battery. Special condition no. 2
                                                                                                                                                           44702, 44704.
                                             requires the battery be designed to                     a change to the type certificate to
                                             prevent propagation of a thermal event,                 include another model incorporating the               The Special Conditions
                                             such as self-sustained, uncontrollable                  same novel or unusual design feature,                   Accordingly, pursuant to the
                                             increases in temperature or pressure                    these special conditions would apply to               authority delegated to me by the
                                             from one cell to adjacent cells.                        that model as well.                                   Administrator, the following special
                                                Special conditions nos. 1 and 2 are                     These special conditions are only                  conditions are issued as part of the type
                                             intended to ensure that the non-                        applicable to design changes applied for              certification basis for the Boeing Model
                                             rechargeable lithium battery and its                    after the effective date.                             747–8 series airplanes.
                                             cells are designed to eliminate the                        These special conditions are not
                                             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                     In lieu of § 25.1353(b)(1) through (4)
                                             the control of the battery designer.                    change is either cosmetic or to relocate              at Amendment 25–123 or § 25.1353(c)(1)
                                             Therefore, other special conditions are                 the installation to improve the safety of             through (4) at earlier amendments, each
                                             intended to protect the airplane and its                the airplane and occupants. Previously                non-rechargeable lithium battery
                                             occupants if failure occurs.                            certified non-rechargeable lithium                    installation must:
                                                Special conditions 3, 7, and 8 are self-             battery installations, as used in this                   1. Be designed to maintain safe cell
                                             explanatory.                                            paragraph, are those installations                    temperatures and pressures under all
                                                Special condition no. 4 makes it clear               approved for certification projects                   foreseeable operating conditions to
                                             that the flammable fluid fire protection                applied for on or before the effective                prevent fire and explosion.
                                             requirements of § 25.863 apply to non-                  date of these special conditions. A                      2. Be designed to prevent the
                                             rechargeable lithium battery                            cosmetic change is a change in                        occurrence of self-sustaining,
                                             installations. Section 25.863 is                        appearance only, and does not change                  uncontrollable increases in temperature
                                             applicable to areas of the airplane that                any function or safety characteristic of              or pressure.
                                             could be exposed to flammable fluid                     the battery installation. These special                  3. Not emit explosive or toxic gases,
                                             leakage from airplane systems. Non-                     conditions are also not applicable to                 either in normal operation or as a result
                                             rechargeable lithium batteries contain                  unchanged, previously certified non-                  of its failure, that may accumulate in
                                             an electrolyte that is a flammable fluid.               rechargeable lithium battery                          hazardous quantities within the
                                                Special condition no. 5 requires that                installations that are affected by a                  airplane.
                                             each non-rechargeable lithium battery                   change in a manner that improves the                     4. Meet the requirements of § 25.863.
                                             installation not damage surrounding                     safety of its installation. The FAA                      5. Not damage surrounding structure
                                             structure or adjacent systems,                          determined that these exclusions are in               or adjacent systems, equipment, or
                                             equipment, or electrical wiring from                    the public interest because the need to               electrical wiring from corrosive fluids or
                                             corrosive fluids or gases that may escape               meet all of the special conditions might              gases that may escape in such a way as
                                             in such a way as to cause a major or                    otherwise deter these design changes                  to cause a major or more severe failure
                                             more severe failure condition.                          that improve safety.                                  condition.
                                                While special condition no. 5                                                                                 6. Have provisions to prevent any
                                             addresses corrosive fluids and gases,                   Conclusion                                            hazardous effect on airplane structure or
                                             special condition no. 6 addresses heat.                   This action affects only a certain                  systems caused by the maximum
                                             Special condition no. 6 requires that                   novel or unusual design feature on one                amount of heat it can generate due to
                                             each non-rechargeable lithium battery                   model of airplane. It is not a rule of                any failure of it or its individual cells.
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                                             installation have provisions to prevent                 general applicability.                                   7. Have a failure sensing and warning
                                             any hazardous effect on airplane                          The substance of these special                      system to alert the flightcrew if its
                                             structure or systems caused by the                      conditions has been subjected to the                  failure affects safe operation of the
                                             maximum amount of heat the battery                      notice and comment period in prior                    airplane.
                                             installation can generate due to any                    instances and has been derived without                   8. Have a means for the flightcrew or
                                             failure of it or its individual cells. The              substantive change from those                         maintenance personnel to determine the
                                             means of meeting special conditions                     previously issued. It is unlikely that                battery charge state if the battery’s


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                                                                 Federal Register / Vol. 82, No. 93 / Tuesday, May 16, 2017 / Rules and Regulations                                          22405

                                             function is required for safe operation of              Transportation (DOT), 1200 New Jersey                 for type certificate approval of a novel
                                             the airplane.                                           Avenue SE., Room W12–140, West                        or unusual design feature. However, the
                                                Note: A battery system consists of the               Building Ground Floor, Washington, DC                 FAA has found that the presence of non-
                                             battery and any protective, monitoring, and             20590–0001.                                           rechargeable lithium batteries in
                                             alerting circuitry or hardware inside or                   • Hand Delivery or Courier: Take                   certification projects is not always
                                             outside of the battery. It also includes vents          comments to Docket Operations in                      immediately identifiable, since the
                                             (where necessary) and packaging. For the                Room W12–140 of the West Building                     battery itself may not be the focus of the
                                             purpose of these special conditions, a                  Ground Floor at 1200 New Jersey                       project. Meanwhile, the inclusion of
                                             ‘‘battery’’ and ‘‘battery system’’ are referred to      Avenue SE., Washington, DC, between 9                 these batteries has become virtually
                                             as a battery.                                           a.m. and 5 p.m., Monday through                       ubiquitous on in-production transport
                                               Issued in Renton, Washington, on May 9,               Friday, except Federal holidays.                      category airplanes, which shows that
                                             2017.                                                      • Fax: Fax comments to Docket                      there will be a need for these special
                                             Michael Kaszycki,                                       Operations at 202–493–2251.                           conditions. Also, delaying the issuance
                                                                                                        Privacy: The FAA will post all                     of special conditions until after each
                                             Assistant Manager, Transport Airplane
                                             Directorate, Aircraft Certification Service.            comments it receives, without change,                 design application is received could
                                                                                                     to http://www.regulations.gov/,                       lead to costly certification delays.
                                             [FR Doc. 2017–09843 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
                                             DEPARTMENT OF TRANSPORTATION                            can find and read the electronic form of              makes and models of aircraft.
                                                                                                     all comments received into any FAA                       On April 22, 2016, the FAA published
                                             Federal Aviation Administration                         docket, including the name of the                     special conditions no. 25–612–SC in the
                                                                                                     individual sending the comment (or                    Federal Register (81 FR 23573)
                                             14 CFR Part 25                                          signing the comment for an association,               applicable to Gulfstream Aerospace
                                                                                                     business, labor union, etc.). DOT’s                   Corporation for the GVI airplane. Those
                                             [Docket No. FAA–2017–0375; Special                      complete Privacy Act Statement can be
                                             Conditions No. 25–674–SC]                                                                                     were the first special conditions the
                                                                                                     found in the Federal Register published               FAA issued for non-rechargeable
                                             Special Conditions: Textron Aviation                    on April 11, 2000 (65 FR 19477–19478),                lithium battery installations. We
                                             Inc., Model 560XL Airplane; Non-                        as well as at http://DocketsInfo.dot                  explained in that document our
                                             Rechargeable Lithium Battery                            .gov/.                                                decision to make those special
                                             Installations                                              Docket: Background documents or                    conditions effective one year after
                                                                                                     comments received may be read at                      publication in the Federal Register,
                                             AGENCY:  Federal Aviation                               http://www.regulations.gov/ at any time.              which is April 22, 2017. In those special
                                             Administration (FAA), DOT.                              Follow the online instructions for                    conditions, the FAA stated its intention
                                             ACTION: Final special conditions; request               accessing the docket or go to Docket                  to apply non-rechargeable lithium
                                             for comment.                                            Operations in Room W12–140 of the                     battery special conditions to design
                                                                                                     West Building Ground Floor at 1200                    changes on other makes and models
                                             SUMMARY:   These special conditions are                 New Jersey Avenue SE., Washington,                    applied for after this same date.
                                             issued for non-rechargeable lithium                     DC, between 9 a.m. and 5 p.m., Monday                    Section 1205 of the FAA
                                             battery installations on the Textron                    through Friday, except Federal holidays.              Reauthorization Act of 1996 requires the
                                             Aviation Inc. (Textron) Model 560XL                     FOR FURTHER INFORMATION CONTACT:                      FAA to consider the extent to which
                                             airplane. Non-rechargeable lithium                      Nazih Khaouly, Airplane and Flight                    Alaska is not served by transportation
                                             batteries are a novel or unusual design                 Crew Interface Branch, ANM–111,                       modes other than aviation and to
                                             feature when compared to the state of                   Transport Airplane Directorate, Aircraft              establish appropriate regulatory
                                             technology envisioned in the                            Certification Service, 1601 Lind Avenue               distinctions when modifying
                                             airworthiness standards for transport                   SW., Renton, Washington 98057–3356;                   airworthiness regulations that affect
                                             category airplanes. The applicable                      telephone 425–227–2432; facsimile                     intrastate aviation in Alaska. In
                                             airworthiness regulations do not contain                425–227–1149.                                         consideration of this requirement and
                                             adequate or appropriate safety standards
                                                                                                     SUPPLEMENTARY INFORMATION:                            the overall impact on safety, the FAA
                                             for this design feature. These special
                                                                                                                                                           does not intend to require non-
                                             conditions contain the additional safety                Future Requests for Installation of Non-              rechargeable lithium battery special
                                             standards that the Administrator                        Rechargeable Lithium Batteries                        conditions for design changes that only
                                             considers necessary to establish a level
                                                                                                        The FAA anticipates that non-                      replace a 121.5 megahertz (MHz)
                                             of safety equivalent to that established
                                                                                                     rechargeable lithium batteries will be                emergency locator transmitter (ELT)
                                             by the existing airworthiness standards.
                                                                                                     installed in most makes and models of                 with a 406 MHz ELT that meets
                                             DATES: This action is effective on                      transport category airplanes. We intend               Technical Standard Order C126b, or
                                             Textron on May 16, 2017. We must                        to require special conditions for                     later revision, on transport airplanes
                                             receive your comments by June 30,                       certification projects involving non-                 operating only in Alaska. This will
                                             2017.                                                   rechargeable lithium battery                          support our efforts of encouraging
                                             ADDRESSES:   Send comments identified                   installations to address certain safety               operators in Alaska to upgrade to a 406
                                             by docket number FAA–2017–0375                          issues until we can revise the                        MHz ELT. These ELTs provide
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                                             using any of the following methods:                     airworthiness requirements. Applying                  significantly improved accuracy for
                                               • Federal eRegulations Portal: Go to                  special conditions to these installations             lifesaving services to locate an accident
                                             http://www.regulations.gov/ and follow                  across the range of transport category                site in Alaskan terrain. The FAA
                                             the online instructions for sending your                airplanes will ensure regulatory                      considers that the safety benefits from
                                             comments electronically.                                consistency.                                          upgrading to a 406 MHz ELT for
                                               • Mail: Send comments to Docket                          Typically, the FAA issues special                  Alaskan operations will outweigh the
                                             Operations, M–30, U.S. Department of                    conditions after receiving an application             battery fire risk.


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Document Created: 2017-05-16 13:52:13
Document Modified: 2017-05-16 13:52:13
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 The Boeing Company 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 22402 
CFR AssociatedAircraft; Aviation Safety and Reporting and Record Keeping Requirements

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