82_FR_22501 82 FR 22408 - Special Conditions: Embraer S. A., Model EMB-135BJ Airplane; Non-Rechargeable Lithium Battery Installations

82 FR 22408 - Special Conditions: Embraer S. A., Model EMB-135BJ Airplane; Non-Rechargeable Lithium Battery Installations

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

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

Page Range22408-22411
FR Document2017-09841

These special conditions are issued for non-rechargeable lithium battery installations on the Embraer S. A. (Embraer) Model EMB- 135BJ 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 22408-22411]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09841]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2017-0372; Special Conditions No. 25-673-SC]


Special Conditions: Embraer S. A., Model EMB-135BJ Airplane; Non-
Rechargeable Lithium Battery Installations

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comment.

-----------------------------------------------------------------------

SUMMARY: These special conditions are issued for non-rechargeable 
lithium battery installations on the Embraer S. A. (Embraer) Model EMB-
135BJ 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 Embraer on May 16, 2017. We must 
receive your comments by June 30, 2017.

ADDRESSES: Send comments identified by docket number FAA-2017-0372 
using any of the following methods:
     Federal eRegulations Portal: Go to http://www.regulations.gov/ and follow the online instructions for sending 
your comments electronically.
     Mail: Send comments to Docket Operations, M-30, U.S. 
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room 
W12-140, West Building Ground Floor, Washington, DC, 20590-0001.
     Hand Delivery or Courier: Take comments to Docket 
Operations in Room W12-140 of the West Building Ground Floor at 1200 
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at 202-493-2251.
    Privacy: The FAA will post all comments it receives, without 
change, to http://www.regulations.gov/, including any personal 
information the commenter provides. Using the search function of the 
docket Web site, anyone can find and read the electronic form of all 
comments received into any FAA docket, including the name of the 
individual sending the comment (or signing the comment for an 
association, business, labor union, etc.). DOT's complete Privacy Act 
Statement can be found in the Federal Register published on April 11, 
2000 (65 FR 19477-19478), as well as at http://DocketsInfo.dot.gov/.
    Docket: Background documents or comments received may be read at 
http://www.regulations.gov/ at any time. Follow the online instructions 
for accessing the docket or go to Docket Operations in Room W12-140 of 
the West Building Ground Floor at 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

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

SUPPLEMENTARY INFORMATION:

Future Requests for Installation of Non-Rechargeable Lithium Batteries

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

Comments Invited

    The substance of these special conditions has been subjected to the 
notice and comment period in prior

[[Page 22409]]

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

    Embraer holds type certificate no. T00011AT, which provides the 
certification basis for the EMB-135BJ airplane. The EMB-135BJ is a twin 
engine, transport category airplane with a passenger seating capacity 
of 19 and a maximum takeoff weight of 48,943 to 53,572 pounds, 
depending on the specific design.
    The FAA is issuing these special conditions for non-rechargeable 
lithium battery installations on the EMB-135BJ 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, Embraer must show that the 
EMB-135BJ airplane meets the applicable provisions of the regulations 
listed in type certificate no. T00011AT 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 EMB-135BJ 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 EMB-135BJ must comply with the fuel vent and exhaust 
emission requirements of 14 CFR part 34 and the noise certification 
requirements of 14 CFR part 36.
    The FAA issues special conditions, as defined in 14 CFR 11.19, in 
accordance with Sec.  11.38, and they become part of the type 
certification basis under Sec.  21.101.

Novel or Unusual Design Feature

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

Discussion

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

[[Page 22410]]

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 EMB-135BJ airplane. 
Should Embraer 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 Embraer S.A. Model EMB-135BJ 
airplane.

Non-Rechargeable Lithium Battery Installations

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

    Note:  A battery system consists of the battery and any 
protective, monitoring, and alerting circuitry or hardware inside or 
outside of the battery. It also includes vents (where necessary) and 
packaging. For the purpose of these special conditions, a

[[Page 22411]]

``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. 2017-09841 Filed 5-15-17; 8:45 am]
BILLING CODE 4910-13-P



                                             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


                                                                 Federal Register / Vol. 82, No. 93 / Tuesday, May 16, 2017 / Rules and Regulations                                         22409

                                             instances and has been derived without                  special conditions are prescribed under               technologies. In January 2013, two
                                             substantive change from those                           the provisions of § 21.16.                            independent events involving
                                             previously issued. It is unlikely that                     Special conditions are initially                   rechargeable lithium-ion batteries
                                             prior public comment would result in a                  applicable to the airplane model for                  revealed unanticipated failure modes. A
                                             significant change from the substance                   which they are issued. Should the type                National Transportation Safety Board
                                             contained herein. Therefore, the FAA                    certificate for that model be amended                 (NTSB) letter to the FAA, dated May 22,
                                             has determined that prior public notice                 later to include any other model that                 2014, which is available at http://
                                             and comment are unnecessary and                         incorporates the same novel or unusual                www.ntsb.gov, filename A–14–032–
                                             impracticable, and good cause exists for                design feature, or should any other                   036.pdf, describes these events.
                                             adopting these special conditions upon                  model already included on the same                       On July 12, 2013, an event involving
                                             publication in the Federal Register. The                type certificate be modified to                       a non-rechargeable lithium battery in an
                                             FAA is requesting comments to allow                     incorporate the same novel or unusual                 emergency locator transmitter
                                             interested persons to submit views that                 design feature, these special conditions              installation demonstrated unanticipated
                                             may not have been submitted in                          would also apply to the other model                   failure modes. The United Kingdom’s
                                             response to the prior opportunities for                 under § 21.101.                                       Air Accidents Investigation Branch
                                             comment described above.                                   In addition to the applicable                      Bulletin S5/2013 describes this event.
                                               We invite interested people to take                   airworthiness regulations and special                    Some known uses of rechargeable and
                                             part in this rulemaking by sending                      conditions, the EMB–135BJ must                        non-rechargeable lithium batteries on
                                             written comments, data, or views. The                   comply with the fuel vent and exhaust                 airplanes include:
                                             most helpful comments reference a                       emission requirements of 14 CFR part                     • Flight deck and avionics systems
                                             specific portion of the special                         34 and the noise certification                        such as displays, global positioning
                                             conditions, explain the reason for any                  requirements of 14 CFR part 36.                       systems, cockpit voice recorders, flight
                                             recommended change, and include                            The FAA issues special conditions, as              data recorders, underwater locator
                                             supporting data.                                        defined in 14 CFR 11.19, in accordance                beacons, navigation computers,
                                               We will consider all comments we                      with § 11.38, and they become part of                 integrated avionics computers, satellite
                                             receive by the closing date for                         the type certification basis under                    network and communication systems,
                                             comments. We may change these special                   § 21.101.                                             communication management units, and
                                             conditions based on the comments we                                                                           remote-monitor electronic line-
                                                                                                     Novel or Unusual Design Feature                       replaceable units;
                                             receive.
                                                                                                        The novel or unusual design feature is                • Cabin safety, entertainment, and
                                             Background                                              the installation of non-rechargeable                  communications equipment, including
                                               Embraer holds type certificate no.                    lithium batteries.                                    emergency locator transmitters, life
                                             T00011AT, which provides the                               For the purpose of these special                   rafts, escape slides, seatbelt air bags,
                                             certification basis for the EMB–135BJ                   conditions, we refer to a battery and                 cabin management systems, Ethernet
                                             airplane. The EMB–135BJ is a twin                       battery system as a battery. A battery                switches, routers and media servers,
                                             engine, transport category airplane with                system consists of the battery and any                wireless systems, internet and in-flight
                                             a passenger seating capacity of 19 and                  protective, monitoring, and alerting                  entertainment systems, satellite
                                             a maximum takeoff weight of 48,943 to                   circuitry or hardware inside or outside               televisions, remotes, and handsets;
                                             53,572 pounds, depending on the                         of the battery. It also includes vents                   • Systems in cargo areas including
                                             specific design.                                        (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 EMB–135BJ                    The FAA derived the current                            Some known potential hazards and
                                             airplane. The current battery                           regulations governing installation of                 failure modes associated with non-
                                             requirements in title 14, Code of Federal               batteries in transport category airplanes             rechargeable lithium batteries are:
                                             Regulations (14 CFR) part 25 are                        from Civil Air Regulations (CAR)                         • Internal failures: In general, these
                                             inadequate for addressing an airplane                   4b.625(d) as part of the recodification of            batteries are significantly more
                                             with non-rechargeable lithium batteries.                CAR 4b that established 14 CFR part 25                susceptible to internal failures that can
                                                                                                     in February 1965. This recodification                 result in self-sustaining increases in
                                             Type Certification Basis                                basically reworded the CAR 4b battery                 temperature and pressure (i.e., thermal
                                                Under the provisions of 14 CFR                       requirements, which are currently in                  runaway) than their nickel-cadmium or
                                             21.101, Embraer must show that the                      § 25.1353(b)(1) through (4). Non-                     lead-acid counterparts. The metallic
                                             EMB–135BJ airplane meets the                            rechargeable lithium batteries are novel              lithium can ignite, resulting in a self-
                                             applicable provisions of the regulations                and unusual with respect to the state of              sustaining fire or explosion.
                                             listed in type certificate no. T00011AT                 technology considered when these                         • Fast or imbalanced discharging:
                                             or the applicable regulations in effect on              requirements were codified. These                     Fast discharging or an imbalanced
                                             the date of application for the change,                 batteries introduce higher energy levels              discharge of one cell of a multi-cell
                                             except for earlier amendments as agreed                 into airplane systems through new                     battery may create an overheating
                                             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
                                             special conditions, exemptions, or later                Interconnection of these cells in battery             in turn leads to a thermal event or an
                                             amended sections that are not relevant                  packs introduces failure modes that                   explosion.
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                                             to these special conditions.                            require unique design considerations,                    • Flammability: Unlike nickel-
                                                If the Administrator finds that the                  such as provisions for thermal                        cadmium and lead-acid batteries,
                                             applicable airworthiness regulations                    management.                                           lithium batteries use higher energy and
                                             (i.e., 14 CFR part 25) do not contain                     Recent events involving rechargeable                current in an electrochemical system
                                             adequate or appropriate safety standards                and non-rechargeable lithium batteries                that can be configured to maximize
                                             for the EMB–135BJ airplane because of                   prompted the FAA to initiate a broad                  energy storage of lithium. They also use
                                             a novel or unusual design feature,                      evaluation of these energy storage                    liquid electrolytes that can be extremely


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                                             22410               Federal Register / Vol. 82, No. 93 / Tuesday, May 16, 2017 / Rules and Regulations

                                             flammable. The electrolyte, as well as                  amendments. Those regulations remain                  FAA is requesting comments to allow
                                             the electrodes, can serve as a source of                in effect for other battery installations.            interested persons to submit views that
                                             fuel for an external fire if the battery                  These special conditions contain the                may not have been submitted in
                                             casing is breached.                                     additional safety standards that the                  response to the prior opportunities for
                                                Special condition no. 1 of these                     Administrator considers necessary to                  comment described above.
                                             special conditions requires that each                   establish a level of safety equivalent to
                                                                                                     that established by the existing                      List of Subjects in 14 CFR Part 25
                                             individual cell within a non-
                                             rechargeable lithium battery be designed                airworthiness standards.                                Aircraft, Aviation safety, Reporting
                                             to maintain safe temperatures and                                                                             and record keeping requirements.
                                                                                                     Applicability
                                             pressures. Special condition no. 2                                                                              The authority citation for these
                                             addresses these same issues but for the                    These special conditions are                       special conditions is as follows:
                                             entire battery. Special condition no. 2                 applicable to the EMB–135BJ airplane.
                                                                                                     Should Embraer apply at a later date for                Authority: 49 U.S.C. 106(g), 40113, 44701,
                                             requires the battery be designed to                                                                           44702, 44704.
                                             prevent propagation of a thermal event,                 a change to the type certificate to
                                             such as self-sustained, uncontrollable                  include another model incorporating the               The Special Conditions
                                             increases in temperature or pressure                    same novel or unusual design feature,                   Accordingly, pursuant to the
                                             from one cell to adjacent cells.                        these special conditions would apply to               authority delegated to me by the
                                                Special conditions nos. 1 and 2 are                  that model as well.                                   Administrator, the following special
                                                                                                        These special conditions are only
                                             intended to ensure that the non-                                                                              conditions are issued as part of the type
                                                                                                     applicable to design changes applied for
                                             rechargeable lithium battery and its                                                                          certification basis for the Embraer S.A.
                                                                                                     after the effective date.
                                             cells are designed to eliminate the                                                                           Model EMB–135BJ airplane.
                                                                                                        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
                                             the control of the battery designer.                                                                             In lieu of § 25.1353(b)(1) through (4)
                                                                                                     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
                                             intended to protect the airplane and its                                                                      through (4) at earlier amendments, each
                                                                                                     the airplane and occupants. Previously                non-rechargeable lithium battery
                                             occupants if failure occurs.                            certified non-rechargeable lithium
                                                Special conditions 3, 7, and 8 are self-                                                                   installation must:
                                                                                                     battery installations, as used in this                   1. Be designed to maintain safe cell
                                             explanatory.                                            paragraph, are those installations
                                                Special condition no. 4 makes it clear                                                                     temperatures and pressures under all
                                                                                                     approved for certification projects                   foreseeable operating conditions to
                                             that the flammable fluid fire protection                applied for on or before the effective
                                             requirements of § 25.863 apply to non-                                                                        prevent fire and explosion.
                                                                                                     date of these special conditions. A                      2. Be designed to prevent the
                                             rechargeable lithium battery                            cosmetic change is a change in
                                             installations. Section 25.863 is                                                                              occurrence of self-sustaining,
                                                                                                     appearance only, and does not change                  uncontrollable increases in temperature
                                             applicable to areas of the airplane that                any function or safety characteristic of
                                             could be exposed to flammable fluid                                                                           or pressure.
                                                                                                     the battery installation. These special                  3. Not emit explosive or toxic gases,
                                             leakage from airplane systems. Non-                     conditions are also not applicable to
                                             rechargeable lithium batteries contain                                                                        either in normal operation or as a result
                                                                                                     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.
                                             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
                                             nos. 5 and 6 may be the same, but the                   prior public comment would result in a                function is required for safe operation of
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                                             requirements are independent and                        significant change from the substance                 the airplane.
                                             address different hazards.                              contained herein. Therefore, the FAA
                                                                                                                                                             Note: A battery system consists of the
                                                These special conditions apply to all                has determined that prior public notice               battery and any protective, monitoring, and
                                             non-rechargeable lithium battery                        and comment are unnecessary and                       alerting circuitry or hardware inside or
                                             installations in lieu of § 25.1353(b)(1)                impracticable, and good cause exists for              outside of the battery. It also includes vents
                                             through (4) at Amendment 25–123 or                      adopting these special conditions upon                (where necessary) and packaging. For the
                                             § 25.1353(c)(1) through (4) at earlier                  publication in the Federal Register. The              purpose of these special conditions, a



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                                                                 Federal Register / Vol. 82, No. 93 / Tuesday, May 16, 2017 / Rules and Regulations                                          22411

                                             ‘‘battery’’ and ‘‘battery system’’ are referred to      Reason for Withdrawal                                 DEPARTMENT OF TRANSPORTATION
                                             as a battery.
                                                                                                       The FAA withdraws Special                           Federal Aviation Administration
                                               Issued in Renton, Washington, on May 9,               Conditions No. 25–573–SC after
                                             2017.                                                   considering comments Dassault                         14 CFR Part 25
                                             Michael Kaszycki,                                       submitted during the public-comment
                                             Assistant Manager, Transport Airplane                                                                         [Docket No. FAA–2017–0368; Special
                                                                                                     period. Dassault’s comment, in
                                             Directorate, Aircraft Certification Service.                                                                  Conditions No. 25–671–SC]
                                                                                                     pertinent part, is as follows, with minor
                                             [FR Doc. 2017–09841 Filed 5–15–17; 8:45 am]             edits for clarity:                                    Special Conditions: Airbus, Models
                                             BILLING CODE 4910–13–P
                                                                                                       The Proposed Special Conditions indicate            A318, A319, A320, and A321 Series
                                                                                                     that they are applicable to the ‘‘new Model           Airplanes; Non-Rechargeable Lithium
                                                                                                     900EX airplane.’’ This statement is factually         Battery Installations
                                             DEPARTMENT OF TRANSPORTATION
                                                                                                     wrong. Dassault believes that these special
                                                                                                                                                           AGENCY:  Federal Aviation
                                             Federal Aviation Administration                         conditions were intended for a Dassault
                                                                                                                                                           Administration (FAA), DOT.
                                                                                                     Aviation Services (DAS) supplemental type
                                                                                                     certificate (STC) regarding the replacement of        ACTION: Final special conditions; request
                                             14 CFR Part 25                                                                                                for comment.
                                                                                                     the display unit on the Dassault Model
                                                                                                     900EX airplane (FAA project number                    SUMMARY:   These special conditions are
                                             [Docket No. FAA–2014–0564; Special
                                                                                                     ST07490NY–T). Furthermore, previous                   issued for non-rechargeable lithium
                                             Conditions No. 25–573–SC]
                                                                                                     discussions between the FAA and DAS led               battery installations on Airbus Models
                                             Special Conditions: Dassault Aviation                   to the conclusion that the STC for the                A318, A319, A320, and A321 series
                                             Model Falcon 900EX Airplane;                            replacement of the display unit on the
                                                                                                                                                           airplanes. Non-rechargeable lithium
                                             Electronic System-Security Protection                   Dassault Model 900EX airplane (FAA project
                                                                                                                                                           batteries are a novel or unusual design
                                             From Unauthorized External Access                       number ST07490NY–T) did not contain any
                                                                                                                                                           feature when compared to the state of
                                                                                                     changes involving the connectivity to the
                                                                                                                                                           technology envisioned in the
                                             AGENCY:  Federal Aviation                               avionics system. Accordingly, there is no
                                                                                                                                                           airworthiness standards for transport
                                             Administration (FAA), DOT.                              specific vulnerability to the systems due to
                                                                                                                                                           category airplanes. The applicable
                                                                                                     the replacement of the display unit.
                                             ACTION: Final special conditions, request                                                                     airworthiness regulations do not contain
                                                                                                     Therefore, there was no novelty in the STC
                                             for comment; withdrawal.                                                                                      adequate or appropriate safety standards
                                                                                                     that would require the issuance of the
                                                                                                     proposed special conditions. The STC was
                                                                                                                                                           for this design feature. These special
                                             SUMMARY:   The FAA is withdrawing a                                                                           conditions contain the additional safety
                                                                                                     approved in [2014] (ST03371NY) without
                                             previously published special conditions                                                                       standards that the Administrator
                                                                                                     any special conditions on this subject.
                                             for the Dassault Aviation (Dassault)                                                                          considers necessary to establish a level
                                                                                                       In view of the foregoing, Dassault Aviation
                                             Model Falcon 900EX airplane. We are                                                                           of safety equivalent to that established
                                                                                                     respectfully requests that the FAA rescind
                                             withdrawing the special conditions in                                                                         by the existing airworthiness standards.
                                                                                                     [Special Conditions No. 25–573–SC].
                                             response to Dassault’s comments,                                                                              DATES: This action is effective on Airbus
                                             submitted to the Federal Docket on                        The FAA agrees with Dassault’s                      on May 16, 2017. We must receive your
                                             December 5, 2014.                                       comments and withdraws the special                    comments by June 30, 2017.
                                             DATES: This withdrawal of special                       conditions. These special conditions are              ADDRESSES: Send comments identified
                                             conditions is effective on Dassault on                  not included in, and are not a part of,               by docket number FAA–2017–0368
                                             April 7, 2017.                                          the type certificate for the Dassault                 using any of the following methods:
                                             FOR FURTHER INFORMATION CONTACT:
                                                                                                     Model Falcon 900EX airplane.                             • Federal eRegulations Portal: Go to
                                             Varun Khanna, FAA, Airplane and                                                                               http://www.regulations.gov/ and follow
                                                                                                     Conclusion
                                             Flightcrew Interface Branch, ANM–111,                                                                         the online instructions for sending your
                                             Transport Airplane Directorate, Aircraft                  This action affects only the special                comments electronically.
                                             Certification Service, 1601 Lind Avenue                 conditions indicated above for the                       • Mail: Send comments to Docket
                                             SW., Renton, Washington 98057–3356;                     Dassault Model Falcon 900EX airplane.                 Operations, M–30, U.S. Department of
                                             telephone (425) 227–1298; facsimile                                                                           Transportation (DOT), 1200 New Jersey
                                                                                                       In light of Dassault’s comments, the                Avenue SE., Room W12–140, West
                                             (425) 227–1320.                                         FAA agrees that these special conditions              Building Ground Floor, Washington,
                                             SUPPLEMENTARY INFORMATION:                              are not necessary, and that withdrawal                DC, 20590–0001.
                                                                                                     of the special conditions is not                         • Hand Delivery or Courier: Take
                                             Background                                              detrimental to the operation of the                   comments to Docket Operations in
                                                On November 14, 2014, the Federal                    airplane. Accordingly, pursuant to the                Room W12–140 of the West Building
                                             Register published a Final Special                      authority delegated to me by the                      Ground Floor at 1200 New Jersey
                                             Conditions, Request for Comment,                        Administrator, Special Conditions No.                 Avenue SE., Washington, DC, between 9
                                             Docket No. FAA–2014–0564, Special                       25–573–SC is withdrawn.                               a.m. and 5 p.m., Monday through
                                             Conditions No. 25–573–SC (79 FR                           The FAA finds that good cause exists                Friday, except Federal holidays.
                                             68107), for the Dassault Model Falcon                   to make this withdrawal of special                       • Fax: Fax comments to Docket
                                             900EX airplane on the subject of                        conditions effective upon issuance.                   Operations at 202–493–2251.
                                             electronic system-security protection                                                                            Privacy: The FAA will post all
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                                                                                                       Issued in Renton, Washington, on April 7,
                                             from unauthorized external access.                                                                            comments it receives, without change,
                                                                                                     2017.
                                                Note that the original publication of                                                                      to http://www.regulations.gov/,
                                             the special conditions incorrectly                      Michael Kaszycki,                                     including any personal information the
                                             indicates, in the document header,                      Assistant Manager, Transport Airplane                 commenter provides. Using the search
                                             Special Conditions No. 25–XXX–SC.                       Directorate, Aircraft Certification Service.          function of the docket Web site, anyone
                                             This withdrawal document reflects the                   [FR Doc. 2017–09839 Filed 5–15–17; 8:45 am]           can find and read the electronic form of
                                             correct special conditions number.                      BILLING CODE 4910–13–P                                all comments received into any FAA


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Document Created: 2017-05-16 13:52:50
Document Modified: 2017-05-16 13:52:50
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 Embraer 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 22408 
CFR AssociatedAircraft; Aviation Safety and Reporting and Record Keeping Requirements

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