82_FR_22498 82 FR 22405 - Special Conditions: Textron Aviation Inc., Model 560XL Airplane; Non-Rechargeable Lithium Battery Installations

82 FR 22405 - Special Conditions: Textron Aviation Inc., Model 560XL Airplane; Non-Rechargeable Lithium Battery Installations

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

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

Page Range22405-22408
FR Document2017-09842

These special conditions are issued for non-rechargeable lithium battery installations on the Textron Aviation Inc. (Textron) Model 560XL airplane. Non-rechargeable lithium batteries are a novel or unusual design feature when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

Federal Register, Volume 82 Issue 93 (Tuesday, May 16, 2017) 
[Federal Register Volume 82, Number 93 (Tuesday, May 16, 2017)]
[Rules and Regulations]
[Pages 22405-22408]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09842]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2017-0375; Special Conditions No. 25-674-SC]


Special Conditions: Textron Aviation Inc., Model 560XL Airplane; 
Non-Rechargeable Lithium Battery Installations

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comment.

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SUMMARY: These special conditions are issued for non-rechargeable 
lithium battery installations on the Textron Aviation Inc. (Textron) 
Model 560XL airplane. Non-rechargeable lithium batteries are a novel or 
unusual design feature when compared to the state of technology 
envisioned in the airworthiness standards for transport category 
airplanes. The applicable airworthiness regulations do not contain 
adequate or appropriate safety standards for this design feature. These 
special conditions contain the additional safety standards that the 
Administrator considers necessary to establish a level of safety 
equivalent to that established by the existing airworthiness standards.

DATES: This action is effective on Textron on May 16, 2017. We must 
receive your comments by June 30, 2017.

ADDRESSES: Send comments identified by docket number FAA-2017-0375 
using any of the following methods:
     Federal eRegulations Portal: Go to http://www.regulations.gov/ and follow the online instructions for sending 
your comments electronically.
     Mail: Send comments to Docket Operations, M-30, U.S. 
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room 
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket 
Operations in Room W12-140 of the West Building Ground Floor at 1200 
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at 202-493-2251.
    Privacy: The FAA will post all comments it receives, without 
change, to http://www.regulations.gov/, including any personal 
information the commenter provides. Using the search function of the 
docket Web site, anyone can find and read the electronic form of all 
comments received into any FAA docket, including the name of the 
individual sending the comment (or signing the comment for an 
association, business, labor union, etc.). DOT's complete Privacy Act 
Statement can be found in the Federal Register published on April 11, 
2000 (65 FR 19477-19478), as well as at http://DocketsInfo.dot.gov/.
    Docket: Background documents or comments received may be read at 
http://www.regulations.gov/ at any time. Follow the online instructions 
for accessing the docket or go to Docket Operations in Room W12-140 of 
the West Building Ground Floor at 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

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

SUPPLEMENTARY INFORMATION:

Future Requests for Installation of Non-Rechargeable Lithium Batteries

    The FAA anticipates that non-rechargeable lithium batteries will be 
installed in most makes and models of transport category airplanes. We 
intend to require special conditions for certification projects 
involving non-rechargeable lithium battery installations to address 
certain safety issues until we can revise the airworthiness 
requirements. Applying special conditions to these installations across 
the range of transport category airplanes will ensure regulatory 
consistency.
    Typically, the FAA issues special conditions after receiving an 
application for type certificate approval of a novel or unusual design 
feature. However, the FAA has found that the presence of non-
rechargeable lithium batteries in certification projects is not always 
immediately identifiable, since the battery itself may not be the focus 
of the project. Meanwhile, the inclusion of these batteries has become 
virtually ubiquitous on in-production transport category airplanes, 
which shows that there will be a need for these special conditions. 
Also, delaying the issuance of special conditions until after each 
design application is received could lead to costly certification 
delays. Therefore the FAA finds it necessary to issue special 
conditions applicable to these battery installations on particular 
makes and models of aircraft.
    On April 22, 2016, the FAA published special conditions no. 25-612-
SC in the Federal Register (81 FR 23573) applicable to Gulfstream 
Aerospace Corporation for the GVI airplane. Those were the first 
special conditions the FAA issued for non-rechargeable lithium battery 
installations. We explained in that document our decision to make those 
special conditions effective one year after publication in the Federal 
Register, which is April 22, 2017. In those special conditions, the FAA 
stated its intention to apply non-rechargeable lithium battery special 
conditions to design changes on other makes and models applied for 
after this same date.
    Section 1205 of the FAA Reauthorization Act of 1996 requires the 
FAA to consider the extent to which Alaska is not served by 
transportation modes other than aviation and to establish appropriate 
regulatory distinctions when modifying airworthiness regulations that 
affect intrastate aviation in Alaska. In consideration of this 
requirement and the overall impact on safety, the FAA does not intend 
to require non-rechargeable lithium battery special conditions for 
design changes that only replace a 121.5 megahertz (MHz) emergency 
locator transmitter (ELT) with a 406 MHz ELT that meets Technical 
Standard Order C126b, or later revision, on transport airplanes 
operating only in Alaska. This will support our efforts of encouraging 
operators in Alaska to upgrade to a 406 MHz ELT. These ELTs provide 
significantly improved accuracy for lifesaving services to locate an 
accident site in Alaskan terrain. The FAA considers that the safety 
benefits from upgrading to a 406 MHz ELT for Alaskan operations will 
outweigh the battery fire risk.

[[Page 22406]]

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

    Textron holds type certificate no. A22CE, which provides the 
certification basis for the Model 560XL airplane. The Model 560XL is a 
twin-engine, transport category airplane with a passenger seating 
capacity of 12 and a maximum takeoff weight of 20,000 pounds.
    The FAA is issuing these special conditions for non-rechargeable 
lithium battery installations on the Model 560XL airplane. The current 
battery requirements in title 14, Code of Federal Regulations (14 CFR) 
part 25 are inadequate for addressing an airplane with non-rechargeable 
lithium batteries.

Type Certification Basis

    Under the provisions of 14 CFR 21.101, Textron must show that the 
Model 560XL airplane meets the applicable provisions of the regulations 
listed in type certificate no. A22CE 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 Model 560XL airplane because of a 
novel or unusual design feature, special conditions are prescribed 
under the provisions of Sec.  21.16.
    Special conditions are initially applicable to the airplane model 
for which they are issued. Should the type certificate for that model 
be amended later to include any other model that incorporates the same 
novel or unusual design feature, or should any other model already 
included on the same type certificate be modified to incorporate the 
same novel or unusual design feature, these special conditions would 
also apply to the other model under Sec.  21.101.
    In addition to the applicable airworthiness regulations and special 
conditions, the Model 560XL airplane must comply with the fuel vent and 
exhaust emission requirements of 14 CFR part 34 and the noise 
certification requirements of 14 CFR part 36.
    The FAA issues special conditions, as defined in 14 CFR 11.19, in 
accordance with Sec.  11.38, and they become part of the type 
certification basis under Sec.  21.101.

Novel or Unusual Design Feature

    The novel or unusual design feature is the installation of non-
rechargeable lithium batteries.
    For the purpose of these special conditions, we refer to a battery 
and battery system as a battery. A battery system consists of the 
battery and any protective, monitoring, and alerting circuitry or 
hardware inside or outside of the battery. It also includes vents 
(where necessary) and packaging.

Discussion

    The FAA derived the current regulations governing installation of 
batteries in transport category airplanes from Civil Air Regulations 
(CAR) 4b.625(d) as part of the recodification of CAR 4b that 
established 14 CFR part 25 in February 1965. This recodification 
basically reworded the CAR 4b battery requirements, which are currently 
in Sec.  25.1353(b)(1) through (4). Non-rechargeable lithium batteries 
are novel and unusual with respect to the state of technology 
considered when these requirements were codified. These batteries 
introduce higher energy levels into airplane systems through new 
chemical compositions in various battery cell sizes and construction. 
Interconnection of these cells in battery packs introduces failure 
modes that require unique design considerations, such as provisions for 
thermal management.
    Recent events involving rechargeable and non-rechargeable lithium 
batteries prompted the FAA to initiate a broad evaluation of these 
energy storage technologies. In January 2013, two independent events 
involving rechargeable lithium-ion batteries revealed unanticipated 
failure modes. A National Transportation Safety Board (NTSB) letter to 
the FAA, dated May 22, 2014, which is available at http://www.ntsb.gov, 
filename A-14-032-036.pdf, describes these events.
    On July 12, 2013, an event involving a non-rechargeable lithium 
battery in an emergency locator transmitter installation demonstrated 
unanticipated failure modes. The United Kingdom's Air Accidents 
Investigation Branch Bulletin S5/2013 describes this event.
    Some known uses of rechargeable and non-rechargeable lithium 
batteries on airplanes include:
     Flight deck and avionics systems such as displays, global 
positioning systems, cockpit voice recorders, flight data recorders, 
underwater locator beacons, navigation computers, integrated avionics 
computers, satellite network and communication systems, communication 
management units, and remote-monitor electronic line-replaceable units;
     Cabin safety, entertainment, and communications equipment, 
including emergency locator transmitters, life rafts, escape slides, 
seatbelt air bags, cabin management systems, Ethernet switches, routers 
and media servers, wireless systems, internet and in-flight 
entertainment systems, satellite televisions, remotes, and handsets;
     Systems in cargo areas including door controls, sensors, 
video surveillance equipment, and security systems.
    Some known potential hazards and failure modes associated with non-
rechargeable lithium batteries are:
     Internal failures: In general, these batteries are 
significantly more susceptible to internal failures that can result in 
self-sustaining increases in temperature and pressure (i.e., thermal 
runaway) than their nickel-cadmium or lead-acid counterparts. The 
metallic lithium can ignite, resulting in a self-sustaining fire or 
explosion.
     Fast or imbalanced discharging: Fast discharging or an 
imbalanced discharge of one cell of a multi-cell battery may create an 
overheating condition that results in an uncontrollable venting 
condition, which in turn leads to a thermal event or an explosion.
     Flammability: Unlike nickel-cadmium and lead-acid 
batteries, lithium batteries use higher energy and

[[Page 22407]]

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 Model 560XL 
airplane. Should Textron 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 subject 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 Textron Model 560XL airplane.

Non-Rechargeable Lithium Battery Installations

    In lieu of Sec.  25.1353(b)(1) through (4) at Amendment 25-123 or 
Sec.  25.1353(c)(1) through (4) at earlier amendments, each non-
rechargeable lithium battery installation must:
    1. Be designed to maintain safe cell temperatures and pressures 
under all foreseeable operating conditions to prevent fire and 
explosion.
    2. Be designed to prevent the occurrence of self-sustaining, 
uncontrollable increases in temperature or pressure.
    3. Not emit explosive or toxic gases, either in normal operation or 
as a result of its failure, that may accumulate in hazardous quantities 
within the airplane.
    4. Meet the requirements of Sec.  25.863.
    5. Not damage surrounding structure or adjacent systems, equipment, 
or electrical wiring from corrosive fluids or gases that may escape in 
such a way as to cause a major or more severe failure condition.
    6. Have provisions to prevent any hazardous effect on airplane 
structure or systems caused by the maximum amount of heat it can 
generate due to any failure of it or its individual cells.
    7. Have a failure sensing and warning system to alert the 
flightcrew if its failure affects safe operation of the airplane.
    8. Have a means for the flightcrew or maintenance personnel to 
determine the battery charge state if the battery's function is 
required for safe operation of the airplane.

    Note: A battery system consists of the battery and any 
protective, monitoring, and

[[Page 22408]]

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. 2017-09842 Filed 5-15-17; 8:45 am]
BILLING CODE 4910-13-P

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 pmangrum on DSK3GDR082PROD with RULES using any of the following methods: airworthiness requirements. Applying significantly improved accuracy for • Federal eRegulations Portal: Go to special conditions to these installations lifesaving services to locate an accident http://www.regulations.gov/ and follow across the range of transport category site in Alaskan terrain. The FAA the online instructions for sending your airplanes will ensure regulatory considers that the safety benefits from comments electronically. consistency. upgrading to a 406 MHz ELT for • Mail: Send comments to Docket Typically, the FAA issues special Alaskan operations will outweigh the Operations, M–30, U.S. Department of conditions after receiving an application battery fire risk. VerDate Sep<11>2014 14:05 May 15, 2017 Jkt 241001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\16MYR1.SGM 16MYR1

22406 Federal Register / Vol. 82, No. 93 / Tuesday, May 16, 2017 / Rules and Regulations Comments Invited adequate or appropriate safety standards Recent events involving rechargeable The substance of these special for the Model 560XL airplane because of and non-rechargeable lithium batteries conditions has been subjected to the a novel or unusual design feature, prompted the FAA to initiate a broad notice and comment period in prior special conditions are prescribed under evaluation of these energy storage the provisions of § 21.16. technologies. In January 2013, two instances and has been derived without Special conditions are initially independent events involving substantive change from those applicable to the airplane model for rechargeable lithium-ion batteries previously issued. It is unlikely that which they are issued. Should the type revealed unanticipated failure modes. A prior public comment would result in a certificate for that model be amended National Transportation Safety Board significant change from the substance later to include any other model that (NTSB) letter to the FAA, dated May 22, contained herein. Therefore, the FAA incorporates the same novel or unusual 2014, which is available at http:// has determined that prior public notice design feature, or should any other www.ntsb.gov, filename A–14–032– and comment are unnecessary and model already included on the same 036.pdf, describes these events. impracticable, and good cause exists for On July 12, 2013, an event involving adopting these special conditions upon type certificate be modified to incorporate the same novel or unusual a non-rechargeable lithium battery in an publication in the Federal Register. The emergency locator transmitter FAA is requesting comments to allow design feature, these special conditions would also apply to the other model installation demonstrated unanticipated interested persons to submit views that failure modes. The United Kingdom’s may not have been submitted in under § 21.101. In addition to the applicable Air Accidents Investigation Branch response to the prior opportunities for Bulletin S5/2013 describes this event. comment described above. airworthiness regulations and special conditions, the Model 560XL airplane Some known uses of rechargeable and We invite interested people to take non-rechargeable lithium batteries on part in this rulemaking by sending must comply with the fuel vent and exhaust emission requirements of 14 airplanes include: written comments, data, or views. The • 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 Novel or Unusual Design Feature remote-monitor electronic line- conditions based on the comments we replaceable units; 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 Textron holds type certificate no. For the purpose of these special rafts, escape slides, seatbelt air bags, A22CE, which provides the certification conditions, we refer to a battery and cabin management systems, Ethernet basis for the Model 560XL airplane. The battery system as a battery. A battery switches, routers and media servers, Model 560XL is a twin-engine, transport system consists of the battery and any wireless systems, internet and in-flight category airplane with a passenger protective, monitoring, and alerting entertainment systems, satellite seating capacity of 12 and a maximum circuitry or hardware inside or outside televisions, remotes, and handsets; takeoff weight of 20,000 pounds. 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 Discussion surveillance equipment, and security battery installations on the Model systems. 560XL airplane. 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 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, Textron must show that the requirements, which are currently in runaway) than their nickel-cadmium or Model 560XL airplane meets 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. A22CE or and unusual with respect to the state of sustaining fire or explosion. the applicable regulations in effect on technology considered when these • Fast or imbalanced discharging: the date of application for the change, requirements were codified. These Fast discharging or an imbalanced except for earlier amendments as agreed batteries introduce higher energy levels discharge of one cell of a multi-cell upon by the FAA. In addition, the into airplane systems through new battery may create an overheating pmangrum on DSK3GDR082PROD with RULES certification basis includes certain chemical compositions in various condition that results in an special conditions, exemptions, or later battery cell sizes and construction. uncontrollable venting condition, which amended sections that are not relevant Interconnection of these cells in battery in turn leads to a thermal event or an to these special conditions. packs introduces failure modes that explosion. If the Administrator finds that the require unique design considerations, • Flammability: Unlike nickel- applicable airworthiness regulations such as provisions for thermal cadmium and lead-acid batteries, (i.e., 14 CFR part 25) do not contain management. lithium batteries use higher energy and VerDate Sep<11>2014 14:05 May 15, 2017 Jkt 241001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\16MYR1.SGM 16MYR1

Federal Register / Vol. 82, No. 93 / Tuesday, May 16, 2017 / Rules and Regulations 22407 current in an electrochemical system installations in lieu of § 25.1353(b)(1) impracticable, and good cause exists for that can be configured to maximize through (4) at Amendment 25–123 or adopting these special conditions upon energy storage of lithium. They also use § 25.1353(c)(1) through (4) at earlier publication in the Federal Register. The liquid electrolytes that can be extremely amendments. Those regulations remain FAA is requesting comments to allow flammable. The electrolyte, as well as in effect for other battery installations. interested persons to submit views that the electrodes, can serve as a source of These special conditions contain the may not have been submitted in fuel for an external fire if the battery additional safety standards that the response to the prior opportunities for casing is breached. Administrator considers necessary to comment described above. Special condition no. 1 of these establish a level of safety equivalent to special conditions requires that each that established by the existing List of Subjects in 14 CFR Part 25 individual cell within a non- airworthiness standards. Aircraft, Aviation safety, Reporting rechargeable lithium battery be designed and record keeping requirements. Applicability to maintain safe temperatures and The authority citation for these pressures. Special condition no. 2 These special conditions are special conditions is as follows: addresses these same issues but for the applicable to the Model 560XL airplane. entire battery. Special condition no. 2 Should Textron apply at a later date for Authority: 49 U.S.C. 106(g), 40113, 44701, a change to the type certificate to 44702, 44704. requires the battery be designed 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. These special conditions are only Administrator, the following special Special conditions nos. 1 and 2 are applicable to design changes applied for conditions are issued as part of the type intended to ensure that the non- after the effective date. certification basis for the Textron Model rechargeable lithium battery and its These special conditions are not 560XL airplane. cells are designed to eliminate the potential for uncontrollable failures. applicable to changes to previously Non-Rechargeable Lithium Battery However, a certain number of failures certified non-rechargeable lithium Installations will occur due to various factors beyond battery installations where the only change is either cosmetic or to relocate In lieu of § 25.1353(b)(1) through (4) the control of the battery designer. the installation to improve the safety of at Amendment 25–123 or § 25.1353(c)(1) Therefore, other special conditions are the airplane and occupants. Previously through (4) at earlier amendments, each intended to protect the airplane and its certified non-rechargeable lithium non-rechargeable lithium battery occupants if failure occurs. battery installations, as used in this installation must: Special conditions 3, 7, and 8 are self- paragraph, are those installations 1. Be designed to maintain safe cell explanatory. Special condition no. 4 makes it clear approved for certification projects temperatures and pressures under all that the flammable fluid fire protection applied for on or before the effective foreseeable operating conditions to requirements of § 25.863 apply to non- date of these special conditions. A prevent fire and explosion. rechargeable lithium battery cosmetic change is a change in 2. Be designed to prevent the installations. Section 25.863 is appearance only, and does not change occurrence of self-sustaining, applicable to areas of the airplane that any function or safety characteristic of uncontrollable increases in temperature could be exposed to flammable fluid the battery installation. These special or pressure. leakage from airplane systems. Non- conditions are also not applicable to 3. Not emit explosive or toxic gases, rechargeable lithium batteries contain unchanged, previously certified non- either in normal operation or as a result an electrolyte that is a flammable fluid. rechargeable lithium battery of its failure, that may accumulate in Special condition no. 5 requires that installations that are affected by a hazardous quantities within the each non-rechargeable lithium battery change in a manner that improves the airplane. installation not damage surrounding 4. Meet the requirements of § 25.863. safety of its installation. The FAA structure or adjacent systems, 5. Not damage surrounding structure determined that these exclusions are in equipment, or electrical wiring from or adjacent systems, equipment, or the public interest because the need to corrosive fluids or gases that may escape electrical wiring from corrosive fluids or meet all of the special conditions might in such a way as to cause a major or gases that may escape in such a way as otherwise deter these design changes more severe failure condition. to cause a major or more severe failure that improve safety. While special condition no. 5 condition. addresses corrosive fluids and gases, Conclusion 6. Have provisions to prevent any special condition no. 6 addresses heat. This action affects only a certain hazardous effect on airplane structure or Special condition no. 6 requires that novel or unusual design feature on one systems caused by the maximum each non-rechargeable lithium battery model of airplane. It is not a rule of amount of heat it can generate due to installation have provisions to prevent general applicability. any failure of it or its individual cells. any hazardous effect on airplane The substance of these special 7. Have a failure sensing and warning structure or systems caused by the conditions has been subject to the notice system to alert the flightcrew if its maximum amount of heat the battery and comment period in prior instances failure affects safe operation of the installation can generate due to any and has been derived without airplane. pmangrum on DSK3GDR082PROD with RULES failure of it or its individual cells. The substantive change from those 8. Have a means for the flightcrew or means of meeting special conditions previously issued. It is unlikely that maintenance personnel to determine the nos. 5 and 6 may be the same, but the prior public comment would result in a battery charge state if the battery’s requirements are independent and significant change from the substance function is required for safe operation of address different hazards. contained herein. Therefore, the FAA the airplane. These special conditions apply to all has determined that prior public notice Note: A battery system consists of the non-rechargeable lithium battery and comment are unnecessary and battery and any protective, monitoring, and VerDate Sep<11>2014 14:05 May 15, 2017 Jkt 241001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\16MYR1.SGM 16MYR1

22408 Federal Register / Vol. 82, No. 93 / Tuesday, May 16, 2017 / Rules and Regulations 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 as a battery. Avenue SE., Washington, DC, between 9 these batteries has become virtually 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 Assistant Manager, Transport Airplane Privacy: The FAA will post all of special conditions until after each Directorate, Aircraft Certification Service. comments it receives, without change, design application is received could [FR Doc. 2017–09842 Filed 5–15–17; 8:45 am] to http://www.regulations.gov/, lead to costly certification delays. BILLING CODE 4910–13–P including any personal information the Therefore the FAA finds it necessary to 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–2017–0372; Special were the first special conditions the Conditions No. 25–673–SC] complete Privacy Act Statement can be found in the Federal Register published FAA issued for non-rechargeable Special Conditions: Embraer S. A., on April 11, 2000 (65 FR 19477–19478), lithium battery installations. We Model EMB–135BJ 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 Embraer S. through Friday, except Federal holidays. Reauthorization Act of 1996 requires the A. (Embraer) Model EMB–135BJ FAA to consider the extent to which FOR FURTHER INFORMATION CONTACT: Alaska is not served by transportation airplane. 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 for this design feature. These special SUPPLEMENTARY INFORMATION: 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 replace a 121.5 megahertz (MHz) of safety equivalent to that established The FAA anticipates that non- emergency locator transmitter (ELT) by the existing airworthiness standards. rechargeable lithium batteries will be with a 406 MHz ELT that meets installed in most makes and models of Technical Standard Order C126b, or DATES: This action is effective on transport category airplanes. We intend later revision, on transport airplanes Embraer on May 16, 2017. We must to require special conditions for receive your comments by June 30, operating only in Alaska. This will 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–2017–0372 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 • Federal eRegulations Portal: Go to special conditions to these installations site in Alaskan terrain. The FAA http://www.regulations.gov/ and follow across the range of transport category considers that the safety benefits from the online instructions for sending your airplanes will ensure regulatory upgrading to a 406 MHz ELT for pmangrum on DSK3GDR082PROD with RULES comments electronically. consistency. Alaskan operations will outweigh the • Mail: Send comments to Docket Typically, the FAA issues special battery fire risk. Operations, M–30, U.S. Department of conditions after receiving an application Transportation (DOT), 1200 New Jersey for type certificate approval of a novel Comments Invited Avenue SE., Room W12–140, West or unusual design feature. However, the The substance of these special Building Ground Floor, Washington, FAA has found that the presence of non- conditions has been subjected to the DC, 20590–0001. rechargeable lithium batteries in notice and comment period in prior VerDate Sep<11>2014 14:05 May 15, 2017 Jkt 241001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\16MYR1.SGM 16MYR1


Document Created: 2017-05-16 13:52:34
Document Modified: 2017-05-16 13:52:34
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 Textron 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 22405 
CFR AssociatedAircraft; Aviation Safety and Reporting and Record Keeping Requirements
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