82_FR_22504 82 FR 22411 - Special Conditions: Airbus, Models A318, A319, A320, and A321 Series Airplanes; Non-Rechargeable Lithium Battery Installations

82 FR 22411 - Special Conditions: Airbus, Models A318, A319, A320, and A321 Series Airplanes; Non-Rechargeable Lithium Battery Installations

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

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

Page Range22411-22414
FR Document2017-09844

These special conditions are issued for non-rechargeable lithium battery installations on Airbus Models A318, A319, A320, and A321 series airplanes. Non-rechargeable lithium batteries are a novel or unusual design feature when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

Federal Register, Volume 82 Issue 93 (Tuesday, May 16, 2017)
[Federal Register Volume 82, Number 93 (Tuesday, May 16, 2017)]
[Rules and Regulations]
[Pages 22411-22414]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09844]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2017-0368; Special Conditions No. 25-671-SC]


Special Conditions: Airbus, Models A318, A319, A320, and A321 
Series Airplanes; Non-Rechargeable Lithium Battery Installations

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comment.

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

SUMMARY: These special conditions are issued for non-rechargeable 
lithium battery installations on Airbus Models A318, A319, A320, and 
A321 series airplanes. Non-rechargeable lithium batteries are a novel 
or unusual design feature when compared to the state of technology 
envisioned in the airworthiness standards for transport category 
airplanes. The applicable airworthiness regulations do not contain 
adequate or appropriate safety standards for this design feature. These 
special conditions contain the additional safety standards that the 
Administrator considers necessary to establish a level of safety 
equivalent to that established by the existing airworthiness standards.

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

ADDRESSES: Send comments identified by docket number FAA-2017-0368 
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

[[Page 22412]]

docket, including the name of the individual sending the comment (or 
signing the comment for an association, business, labor union, etc.). 
DOT's complete Privacy Act Statement can be found in the Federal 
Register published on April 11, 2000 (65 FR 19477-19478), as well as at 
http://DocketsInfo.dot.gov/.
    Docket: Background documents or comments received may be read at 
http://www.regulations.gov/ at any time. Follow the online instructions 
for accessing the docket or go to Docket Operations in Room W12-140 of 
the West Building Ground Floor at 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

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

SUPPLEMENTARY INFORMATION:

Future Requests for Installation of Non-Rechargeable Lithium Batteries

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

Comments Invited

    The substance of these special conditions has been subjected to the 
notice and comment period in prior instances and has been derived 
without substantive change from those previously issued. It is unlikely 
that prior public comment would result in a significant change from the 
substance contained herein. Therefore, the FAA has determined that 
prior public notice and comment are unnecessary and impracticable, and 
good cause exists for adopting these special conditions upon 
publication in the Federal Register. The FAA is requesting comments to 
allow interested persons to submit views that may not have been 
submitted in response to the prior opportunities for comment described 
above.
    We invite interested people to take part in this rulemaking by 
sending written comments, data, or views. The most helpful comments 
reference a specific portion of the special conditions, explain the 
reason for any recommended change, and include supporting data.
    We will consider all comments we receive by the closing date for 
comments. We may change these special conditions based on the comments 
we receive.

Background

    Airbus holds type certificate no. A28NM, which provides the 
certification basis for the A318, A319, A320, and A321 series 
airplanes. The A318, A319, A320, and A321 series airplanes are twin 
engine, transport category airplanes with a passenger seating capacity 
of 136 to 220 and a maximum takeoff weight of 123,458 to 206,132 
pounds, depending on the specific design.
    The FAA is issuing these special conditions for non-rechargeable 
lithium battery installations on A318, A319, A320, and A321 series 
airplanes. The current battery requirements in title 14, Code of 
Federal Regulations (14 CFR) part 25 are inadequate for addressing an 
airplane with non-rechargeable lithium batteries.

Type Certification Basis

    Under the provisions of 14 CFR 21.101, Airbus must show that the 
A318, A319, A320, and A321 series airplanes meet the applicable 
provisions of the regulations listed in type certificate no. A28NM 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 A318, A319, A320, and A321 series 
airplanes because of a novel or unusual design feature, special 
conditions are prescribed under the provisions of Sec.  21.16.
    Special conditions are initially applicable to the airplane model 
for which they are issued. Should the type certificate for that model 
be amended later to include any other model that incorporates the same 
novel or unusual design feature, or should any other model already 
included on the same type certificate be modified to incorporate the 
same novel or unusual design feature, these special conditions

[[Page 22413]]

would also apply to the other model under Sec.  21.101.
    In addition to the applicable airworthiness regulations and special 
conditions, the A318, A319, A320, and A321 series airplanes must comply 
with the fuel vent and exhaust emission requirements of 14 CFR part 34 
and the noise certification requirements of 14 CFR part 36.
    The FAA issues special conditions, as defined in 14 CFR 11.19, in 
accordance with Sec.  11.38, and they become part of the type 
certification basis under Sec.  21.101.

Novel or Unusual Design Feature

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

Discussion

    The FAA derived the current regulations governing installation of 
batteries in transport category airplanes from Civil Air Regulations 
(CAR) 4b.625(d) as part of the recodification of CAR 4b that 
established 14 CFR part 25 in February 1965. This recodification 
basically reworded the CAR 4b battery requirements, which are currently 
in Sec.  25.1353(b)(1) through (4). Non-rechargeable lithium batteries 
are novel and unusual with respect to the state of technology 
considered when these requirements were codified. These batteries 
introduce higher energy levels into airplane systems through new 
chemical compositions in various battery cell sizes and construction. 
Interconnection of these cells in battery packs introduces failure 
modes that require unique design considerations, such as provisions for 
thermal management.
    Recent events involving rechargeable and non-rechargeable lithium 
batteries prompted the FAA to initiate a broad evaluation of these 
energy storage technologies. In January 2013, two independent events 
involving rechargeable lithium-ion batteries revealed unanticipated 
failure modes. A National Transportation Safety Board (NTSB) letter to 
the FAA, dated May 22, 2014, which is available at http://www.ntsb.gov, 
filename A-14-032-036.pdf, describes these events.
    On July 12, 2013, an event involving a non-rechargeable lithium 
battery in an emergency locator transmitter installation demonstrated 
unanticipated failure modes. The United Kingdom's Air Accidents 
Investigation Branch Bulletin S5/2013 describes this event.
    Some known uses of rechargeable and non-rechargeable lithium 
batteries on airplanes include:
     Flight deck and avionics systems such as displays, global 
positioning systems, cockpit voice recorders, flight data recorders, 
underwater locator beacons, navigation computers, integrated avionics 
computers, satellite network and communication systems, communication 
management units, and remote-monitor electronic line-replaceable units;
     Cabin safety, entertainment, and communications equipment, 
including emergency locator transmitters, life rafts, escape slides, 
seatbelt air bags, cabin management systems, Ethernet switches, routers 
and media servers, wireless systems, internet and in-flight 
entertainment systems, satellite televisions, remotes, and handsets;
     Systems in cargo areas including door controls, sensors, 
video surveillance equipment, and security systems.
    Some known potential hazards and failure modes associated with non-
rechargeable lithium batteries are:
     Internal failures: In general, these batteries are 
significantly more susceptible to internal failures that can result in 
self-sustaining increases in temperature and pressure (i.e., thermal 
runaway) than their nickel-cadmium or lead-acid counterparts. The 
metallic lithium can ignite, resulting in a self-sustaining fire or 
explosion.
     Fast or imbalanced discharging: Fast discharging or an 
imbalanced discharge of one cell of a multi-cell battery may create an 
overheating condition that results in an uncontrollable venting 
condition, which in turn leads to a thermal event or an explosion.
     Flammability: Unlike nickel-cadmium and lead-acid 
batteries, lithium batteries use higher energy and current in an 
electrochemical system that can be configured to maximize energy 
storage of lithium. They also use liquid electrolytes that can be 
extremely flammable. The electrolyte, as well as the electrodes, can 
serve as a source of fuel for an external fire if the battery casing is 
breached.
    Special condition no. 1 of these special conditions requires that 
each individual cell within a non-rechargeable lithium battery be 
designed to maintain safe temperatures and pressures. Special condition 
no. 2 addresses these same issues but for the entire battery. Special 
condition no. 2 requires the battery be designed to prevent propagation 
of a thermal event, such as self-sustained, uncontrollable increases in 
temperature or pressure from one cell to adjacent cells.
    Special conditions nos. 1 and 2 are intended to ensure that the 
non-rechargeable lithium battery and its cells are designed to 
eliminate the potential for uncontrollable failures. However, a certain 
number of failures will occur due to various factors beyond the control 
of the battery designer. Therefore, other special conditions are 
intended to protect the airplane and its occupants if failure occurs.
    Special conditions 3, 7, and 8 are self-explanatory.
    Special condition no. 4 makes it clear that the flammable fluid 
fire protection requirements of Sec.  25.863 apply to non-rechargeable 
lithium battery installations. Section 25.863 is applicable to areas of 
the airplane that could be exposed to flammable fluid leakage from 
airplane systems. Non-rechargeable lithium batteries contain an 
electrolyte that is a flammable fluid.
    Special condition no. 5 requires that each non-rechargeable lithium 
battery installation not damage surrounding structure or adjacent 
systems, equipment, or electrical wiring from corrosive fluids or gases 
that may escape in such a way as to cause a major or more severe 
failure condition.
    While special condition no. 5 addresses corrosive fluids and gases, 
special condition no. 6 addresses heat. Special condition no. 6 
requires that each non-rechargeable lithium battery installation have 
provisions to prevent any hazardous effect on airplane structure or 
systems caused by the maximum amount of heat the battery installation 
can generate due to any failure of it or its individual cells. The 
means of meeting special conditions nos. 5 and 6 may be the same, but 
the requirements are independent and address different hazards.
    These special conditions apply to all non-rechargeable lithium 
battery installations in lieu of Sec.  25.1353(b)(1) through (4) at 
Amendment 25-123 or Sec.  25.1353(c)(1) through (4) at earlier 
amendments. Those regulations remain in effect for other battery 
installations.
    These special conditions contain the additional safety standards 
that the Administrator considers necessary to establish a level of 
safety equivalent to that established by the existing airworthiness 
standards.

Applicability

    These special conditions are applicable to A318, A319, A320, and 
A321 series airplanes. Should Airbus

[[Page 22414]]

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 the subject models of airplanes. 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 Airbus Models A318, A319, A320, and 
A321 series airplanes.

Non-Rechargeable Lithium Battery Installations

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

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


    Issued in Renton, Washington, on May 9, 2017.
Michael Kaszycki,
Assistant Manager, Transport Airplane Directorate, Aircraft 
Certification Service.
[FR Doc. 2017-09844 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                                          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
pmangrum on DSK3GDR082PROD with RULES




                                                                                                       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


                                        VerDate Sep<11>2014   14:05 May 15, 2017   Jkt 241001   PO 00000   Frm 00013   Fmt 4700   Sfmt 4700   E:\FR\FM\16MYR1.SGM   16MYR1


                                             22412               Federal Register / Vol. 82, No. 93 / Tuesday, May 16, 2017 / Rules and Regulations

                                             docket, including the name of the                       Federal Register (81 FR 23573)                        written comments, data, or views. The
                                             individual sending the comment (or                      applicable to Gulfstream Aerospace                    most helpful comments reference a
                                             signing the comment for an association,                 Corporation for the GVI airplane. Those               specific portion of the special
                                             business, labor union, etc.). DOT’s                     were the first special conditions the                 conditions, explain the reason for any
                                             complete Privacy Act Statement can be                   FAA issued for non-rechargeable                       recommended change, and include
                                             found in the Federal Register published                 lithium battery installations. We                     supporting data.
                                             on April 11, 2000 (65 FR 19477–19478),                  explained in that document our                          We will consider all comments we
                                             as well as at http://DocketsInfo.dot                    decision to make those special                        receive by the closing date for
                                             .gov/.                                                  conditions effective one year after                   comments. We may change these special
                                                Docket: Background documents or                      publication in the Federal Register,                  conditions based on the comments we
                                             comments received may be read at                        which is April 22, 2017. In those special             receive.
                                             http://www.regulations.gov/ at any time.                conditions, the FAA stated its intention              Background
                                             Follow the online instructions for                      to apply non-rechargeable lithium
                                             accessing the docket or go to Docket                    battery special conditions to design                    Airbus holds type certificate no.
                                             Operations in Room W12–140 of the                       changes on other makes and models                     A28NM, which provides the
                                             West Building Ground Floor at 1200                      applied for after this same date.                     certification basis for the A318, A319,
                                             New Jersey Avenue SE., Washington,                         Section 1205 of the FAA                            A320, and A321 series airplanes. The
                                             DC, between 9 a.m. and 5 p.m., Monday                   Reauthorization Act of 1996 requires the              A318, A319, A320, and A321 series
                                             through Friday, except Federal holidays.                FAA to consider the extent to which                   airplanes are twin engine, transport
                                             FOR FURTHER INFORMATION CONTACT:                        Alaska is not served by transportation                category airplanes with a passenger
                                             Nazih Khaouly, Airplane and Flight                      modes other than aviation and to                      seating capacity of 136 to 220 and a
                                             Crew Interface Branch, ANM–111,                         establish appropriate regulatory                      maximum takeoff weight of 123,458 to
                                             Transport Airplane Directorate, Aircraft                distinctions when modifying                           206,132 pounds, depending on the
                                             Certification Service, 1601 Lind Avenue                 airworthiness regulations that affect                 specific design.
                                             SW., Renton, Washington 98057–3356;                     intrastate aviation in Alaska. In                       The FAA is issuing these special
                                             telephone 425–227–2432; facsimile                       consideration of this requirement and                 conditions for non-rechargeable lithium
                                             425–227–1149.                                           the overall impact on safety, the FAA                 battery installations on A318, A319,
                                             SUPPLEMENTARY INFORMATION:                              does not intend to require non-                       A320, and A321 series airplanes. The
                                                                                                     rechargeable lithium battery special                  current battery requirements in title 14,
                                             Future Requests for Installation of Non-                conditions for design changes that only               Code of Federal Regulations (14 CFR)
                                             Rechargeable Lithium Batteries                          replace a 121.5 megahertz (MHz)                       part 25 are inadequate for addressing an
                                                The FAA anticipates that non-                        emergency locator transmitter (ELT)                   airplane with non-rechargeable lithium
                                             rechargeable lithium batteries will be                  with a 406 MHz ELT that meets                         batteries.
                                             installed in most makes and models of                   Technical Standard Order C126b, or                    Type Certification Basis
                                             transport category airplanes. We intend                 later revision, on transport airplanes
                                             to require special conditions for                       operating only in Alaska. This will                      Under the provisions of 14 CFR
                                             certification projects involving non-                   support our efforts of encouraging                    21.101, Airbus must show that the
                                             rechargeable lithium battery                            operators in Alaska to upgrade to a 406               A318, A319, A320, and A321 series
                                             installations to address certain safety                 MHz ELT. These ELTs provide                           airplanes meet the applicable provisions
                                             issues until we can revise the                          significantly improved accuracy for                   of the regulations listed in type
                                             airworthiness requirements. Applying                    lifesaving services to locate an accident             certificate no. A28NM or the applicable
                                             special conditions to these installations               site in Alaskan terrain. The FAA                      regulations in effect on the date of
                                             across the range of transport category                  considers that the safety benefits from               application for the change, except for
                                             airplanes will ensure regulatory                        upgrading to a 406 MHz ELT for                        earlier amendments as agreed upon by
                                             consistency.                                            Alaskan operations will outweigh the                  the FAA. In addition, the certification
                                                Typically, the FAA issues special                    battery fire risk.                                    basis includes certain special
                                             conditions after receiving an application                                                                     conditions, exemptions, or later
                                                                                                     Comments Invited                                      amended sections that are not relevant
                                             for type certificate approval of a novel
                                             or unusual design feature. However, the                   The substance of these special                      to these special conditions.
                                             FAA has found that the presence of non-                 conditions has been subjected to the                     If the Administrator finds that the
                                             rechargeable lithium batteries in                       notice and comment period in prior                    applicable airworthiness regulations
                                             certification projects is not always                    instances and has been derived without                (i.e., 14 CFR part 25) do not contain
                                             immediately identifiable, since the                     substantive change from those                         adequate or appropriate safety standards
                                             battery itself may not be the focus of the              previously issued. It is unlikely that                for the A318, A319, A320, and A321
                                             project. Meanwhile, the inclusion of                    prior public comment would result in a                series airplanes because of a novel or
                                             these batteries has become virtually                    significant change from the substance                 unusual design feature, special
                                             ubiquitous on in-production transport                   contained herein. Therefore, the FAA                  conditions are prescribed under the
                                             category airplanes, which shows that                    has determined that prior public notice               provisions of § 21.16.
                                             there will be a need for these special                  and comment are unnecessary and                          Special conditions are initially
                                             conditions. Also, delaying the issuance                 impracticable, and good cause exists for              applicable to the airplane model for
                                             of special conditions until after each                  adopting these special conditions upon                which they are issued. Should the type
                                             design application is received could                    publication in the Federal Register. The              certificate for that model be amended
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                                             lead to costly certification delays.                    FAA is requesting comments to allow                   later to include any other model that
                                             Therefore the FAA finds it necessary to                 interested persons to submit views that               incorporates the same novel or unusual
                                             issue special conditions applicable to                  may not have been submitted in                        design feature, or should any other
                                             these battery installations on particular               response to the prior opportunities for               model already included on the same
                                             makes and models of aircraft.                           comment described above.                              type certificate be modified to
                                                On April 22, 2016, the FAA published                   We invite interested people to take                 incorporate the same novel or unusual
                                             special conditions no. 25–612–SC in the                 part in this rulemaking by sending                    design feature, these special conditions


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                                                                 Federal Register / Vol. 82, No. 93 / Tuesday, May 16, 2017 / Rules and Regulations                                           22413

                                             would also apply to the other model                     installation demonstrated unanticipated               requires the battery be designed to
                                             under § 21.101.                                         failure modes. The United Kingdom’s                   prevent propagation of a thermal event,
                                               In addition to the applicable                         Air Accidents Investigation Branch                    such as self-sustained, uncontrollable
                                             airworthiness regulations and special                   Bulletin S5/2013 describes this event.                increases in temperature or pressure
                                             conditions, the A318, A319, A320, and                      Some known uses of rechargeable and                from one cell to adjacent cells.
                                             A321 series airplanes must comply with                  non-rechargeable lithium batteries on                    Special conditions nos. 1 and 2 are
                                             the fuel vent and exhaust emission                      airplanes include:                                    intended to ensure that the non-
                                             requirements of 14 CFR part 34 and the                     • Flight deck and avionics systems                 rechargeable lithium battery and its
                                             noise certification requirements of 14                  such as displays, global positioning                  cells are designed to eliminate the
                                             CFR part 36.                                            systems, cockpit voice recorders, flight              potential for uncontrollable failures.
                                               The FAA issues special conditions, as                 data recorders, underwater locator                    However, a certain number of failures
                                             defined in 14 CFR 11.19, in accordance                  beacons, navigation computers,                        will occur due to various factors beyond
                                             with § 11.38, and they become part of                   integrated avionics computers, satellite              the control of the battery designer.
                                             the type certification basis under                      network and communication systems,                    Therefore, other special conditions are
                                             § 21.101.                                               communication management units, and                   intended to protect the airplane and its
                                                                                                     remote-monitor electronic line-                       occupants if failure occurs.
                                             Novel or Unusual Design Feature                         replaceable units;                                       Special conditions 3, 7, and 8 are self-
                                                The novel or unusual design feature is                  • Cabin safety, entertainment, and                 explanatory.
                                             the installation of non-rechargeable                    communications equipment, including                      Special condition no. 4 makes it clear
                                             lithium batteries.                                      emergency locator transmitters, life                  that the flammable fluid fire protection
                                                For the purpose of these special                     rafts, escape slides, seatbelt air bags,              requirements of § 25.863 apply to non-
                                             conditions, we refer to a battery and                   cabin management systems, Ethernet                    rechargeable lithium battery
                                             battery system as a battery. A battery                  switches, routers and media servers,                  installations. Section 25.863 is
                                             system consists of the battery and any                  wireless systems, internet and in-flight              applicable to areas of the airplane that
                                             protective, monitoring, and alerting                    entertainment systems, satellite                      could be exposed to flammable fluid
                                             circuitry or hardware inside or outside                 televisions, remotes, and handsets;                   leakage from airplane systems. Non-
                                             of the battery. It also includes vents                     • Systems in cargo areas including                 rechargeable lithium batteries contain
                                             (where necessary) and packaging.                        door controls, sensors, video                         an electrolyte that is a flammable fluid.
                                             Discussion                                              surveillance equipment, and security                     Special condition no. 5 requires that
                                                                                                     systems.                                              each non-rechargeable lithium battery
                                                The FAA derived the current                             Some known potential hazards and                   installation not damage surrounding
                                             regulations governing installation of                   failure modes associated with non-                    structure or adjacent systems,
                                             batteries in transport category airplanes               rechargeable lithium batteries are:                   equipment, or electrical wiring from
                                             from Civil Air Regulations (CAR)                           • Internal failures: In general, these             corrosive fluids or gases that may escape
                                             4b.625(d) as part of the recodification of              batteries are significantly more                      in such a way as to cause a major or
                                             CAR 4b that established 14 CFR part 25                  susceptible to internal failures that can             more severe failure condition.
                                             in February 1965. This recodification                   result in self-sustaining increases in                   While special condition no. 5
                                             basically reworded the CAR 4b battery                   temperature and pressure (i.e., thermal               addresses corrosive fluids and gases,
                                             requirements, which are currently in                    runaway) than their nickel-cadmium or                 special condition no. 6 addresses heat.
                                             § 25.1353(b)(1) through (4). Non-                       lead-acid counterparts. The metallic                  Special condition no. 6 requires that
                                             rechargeable lithium batteries are novel                lithium can ignite, resulting in a self-              each non-rechargeable lithium battery
                                             and unusual with respect to the state of                sustaining fire or explosion.                         installation have provisions to prevent
                                             technology considered when these                           • Fast or imbalanced discharging:                  any hazardous effect on airplane
                                             requirements were codified. These                       Fast discharging or an imbalanced                     structure or systems caused by the
                                             batteries introduce higher energy levels                discharge of one cell of a multi-cell                 maximum amount of heat the battery
                                             into airplane systems through new                       battery may create an overheating                     installation can generate due to any
                                             chemical compositions in various                        condition that results in an                          failure of it or its individual cells. The
                                             battery cell sizes and construction.                    uncontrollable venting condition, which               means of meeting special conditions
                                             Interconnection of these cells in battery               in turn leads to a thermal event or an                nos. 5 and 6 may be the same, but the
                                             packs introduces failure modes that                     explosion.                                            requirements are independent and
                                             require unique design considerations,                      • Flammability: Unlike nickel-                     address different hazards.
                                             such as provisions for thermal                          cadmium and lead-acid batteries,                         These special conditions apply to all
                                             management.                                             lithium batteries use higher energy and               non-rechargeable lithium battery
                                                Recent events involving rechargeable                 current in an electrochemical system                  installations in lieu of § 25.1353(b)(1)
                                             and non-rechargeable lithium batteries                  that can be configured to maximize                    through (4) at Amendment 25–123 or
                                             prompted the FAA to initiate a broad                    energy storage of lithium. They also use              § 25.1353(c)(1) through (4) at earlier
                                             evaluation of these energy storage                      liquid electrolytes that can be extremely             amendments. Those regulations remain
                                             technologies. In January 2013, two                      flammable. The electrolyte, as well as                in effect for other battery installations.
                                             independent events involving                            the electrodes, can serve as a source of                 These special conditions contain the
                                             rechargeable lithium-ion batteries                      fuel for an external fire if the battery              additional safety standards that the
                                             revealed unanticipated failure modes. A                 casing is breached.                                   Administrator considers necessary to
                                             National Transportation Safety Board                       Special condition no. 1 of these                   establish a level of safety equivalent to
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                                             (NTSB) letter to the FAA, dated May 22,                 special conditions requires that each                 that established by the existing
                                             2014, which is available at http://                     individual cell within a non-                         airworthiness standards.
                                             www.ntsb.gov, filename A–14–032–                        rechargeable lithium battery be designed
                                             036.pdf, describes these events.                        to maintain safe temperatures and                     Applicability
                                                On July 12, 2013, an event involving                 pressures. Special condition no. 2                      These special conditions are
                                             a non-rechargeable lithium battery in an                addresses these same issues but for the               applicable to A318, A319, A320, and
                                             emergency locator transmitter                           entire battery. Special condition no. 2               A321 series airplanes. Should Airbus


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                                             22414               Federal Register / Vol. 82, No. 93 / Tuesday, May 16, 2017 / Rules and Regulations

                                             apply at a later date for a change to the                 Authority: 49 U.S.C. 106(g), 40113, 44701,          DEPARTMENT OF HOMELAND
                                             type certificate to include another                     44702, 44704.                                         SECURITY
                                             model incorporating the same novel or                   The Special Conditions
                                             unusual design feature, these special                                                                         Coast Guard
                                             conditions would apply to that model as                   Accordingly, pursuant to the
                                             well.                                                   authority delegated to me by the                      33 CFR Part 100
                                                These special conditions are only                    Administrator, the following special
                                                                                                     conditions are issued as part of the type             [Docket Number USCG–2017–0167]
                                             applicable to design changes applied for
                                             after the effective date.                               certification basis for Airbus Models                 RIN 1625–AA08
                                                These special conditions are not                     A318, A319, A320, and A321 series
                                                                                                     airplanes.                                            Special Local Regulation, Stuart, FL
                                             applicable to changes to previously
                                             certified non-rechargeable lithium                      Non-Rechargeable Lithium Battery                      AGENCY:    Coast Guard, DHS.
                                             battery installations where the only                    Installations                                         ACTION:   Temporary final rule.
                                             change is either cosmetic or to relocate
                                                                                                        In lieu of § 25.1353(b)(1) through (4)             SUMMARY:   The Coast Guard is
                                             the installation to improve the safety of
                                                                                                     at Amendment 25–123 or § 25.1353(c)(1)                establishing a special local regulation on
                                             the airplane and occupants. Previously
                                                                                                     through (4) at earlier amendments, each               the Indian River located northeast of
                                             certified non-rechargeable lithium
                                                                                                     non-rechargeable lithium battery                      Ernest F. Lyons Bridge and south of Joes
                                             battery installations, as used in this
                                                                                                     installation must:                                    Cove, in Stuart, Florida during the
                                             paragraph, are those installations
                                             approved for certification projects                        1. Be designed to maintain safe cell               Stuart Sailfish Regatta, a series of high-
                                             applied for on or before the effective                  temperatures and pressures under all                  speed boat races. This special local
                                             date of these special conditions. A                     foreseeable operating conditions to                   regulation is necessary for the safety of
                                             cosmetic change is a change in                          prevent fire and explosion.                           race participants, participant vessels,
                                             appearance only, and does not change                       2. Be designed to prevent the                      spectators, and the general public
                                             any function or safety characteristic of                occurrence of self-sustaining,                        during the event. This rule is needed to
                                             the battery installation. These special                 uncontrollable increases in temperature               protect personnel, vessels, and the
                                             conditions are also not applicable to                   or pressure.                                          marine environment in the navigable
                                             unchanged, previously certified non-                       3. Not emit explosive or toxic gases,              waters within the regulated area while
                                             rechargeable lithium battery                            either in normal operation or as a result             high-speed boats are operating.
                                             installations that are affected by a                    of its failure, that may accumulate in
                                                                                                                                                           DATES: This rule will be effective from
                                             change in a manner that improves the                    hazardous quantities within the
                                                                                                                                                           9 a.m. on May 19 through 6 p.m. on May
                                             safety of its installation. The FAA                     airplane.
                                                                                                                                                           21, 2017.
                                             determined that these exclusions are in                    4. Meet the requirements of § 25.863.
                                                                                                        5. Not damage surrounding structure                ADDRESSES: To view documents
                                             the public interest because the need to                                                                       mentioned in this preamble as being
                                             meet all of the special conditions might                or adjacent systems, equipment, or
                                                                                                     electrical wiring from corrosive fluids or            available in the docket, go to http://
                                             otherwise deter these design changes                                                                          www.regulations.gov, type USCG–2017–
                                             that improve safety.                                    gases that may escape in such a way as
                                                                                                     to cause a major or more severe failure               0167 in the ‘‘SEARCH’’ box and click
                                             Conclusion                                              condition.                                            ‘‘SEARCH.’’ Click on Open Docket
                                                                                                        6. Have provisions to prevent any                  Folder on the line associated with this
                                               This action affects only a certain                                                                          rule.
                                             novel or unusual design feature on the                  hazardous effect on airplane structure or
                                                                                                     systems caused by the maximum                         FOR FURTHER INFORMATION CONTACT: If
                                             subject models of airplanes. It is not a
                                                                                                     amount of heat it can generate due to                 you have questions on this rule, call or
                                             rule of general applicability.
                                                                                                     any failure of it or its individual cells.            email Petty Officer Mara Brown, Sector
                                               The substance of these special
                                                                                                        7. Have a failure sensing and warning              Miami Waterways Management
                                             conditions has been subjected to the
                                                                                                     system to alert the flightcrew if its                 Division, U.S. Coast Guard; telephone
                                             notice and comment period in prior
                                                                                                     failure affects safe operation of the                 305–535–4317, email Mara.J.Brown@
                                             instances and has been derived without
                                                                                                     airplane.                                             uscg.mil.
                                             substantive change from those
                                             previously issued. It is unlikely that                     8. Have a means for the flightcrew or              SUPPLEMENTARY INFORMATION:
                                             prior public comment would result in a                  maintenance personnel to determine the
                                                                                                     battery charge state if the battery’s                 I. Table of Abbreviations
                                             significant change from the substance
                                             contained herein. Therefore, the FAA                    function is required for safe operation of            CFR Code of Federal Regulations
                                             has determined that prior public notice                 the airplane.                                         DHS Department of Homeland Security
                                                                                                                                                           FR Federal Register
                                             and comment are unnecessary and                            Note: A battery system consists of the
                                                                                                     battery and any protective, monitoring, and           NPRM Notice of proposed rulemaking
                                             impracticable, and good cause exists for                                                                      § Section
                                             adopting these special conditions upon                  alerting circuitry or hardware inside or
                                                                                                     outside of the battery. It also includes vents        U.S.C. United States Code
                                             publication in the Federal Register. The
                                                                                                     (where necessary) and packaging. For the              II. Background Information and
                                             FAA is requesting comments to allow
                                                                                                     purpose of these special conditions, a                Regulatory History
                                             interested persons to submit views that                 ‘‘battery’’ and ‘‘battery system’’ are referred to
                                             may not have been submitted in                          as a battery.                                           The Coast Guard is issuing this
                                             response to the prior opportunities for                                                                       temporary rule without prior notice and
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                                             comment described above.                                  Issued in Renton, Washington, on May 9,             opportunity to comment pursuant to
                                                                                                     2017.                                                 authority under section 4(a) of the
                                             List of Subjects in 14 CFR Part 25
                                                                                                     Michael Kaszycki,                                     Administrative Procedure Act (APA) (5
                                               Aircraft, Aviation safety, Reporting                  Assistant Manager, Transport Airplane                 U.S.C. 553(b)). This provision
                                             and record keeping requirements.                        Directorate, Aircraft Certification Service.          authorizes an agency to issue a rule
                                               The authority citation for these                      [FR Doc. 2017–09844 Filed 5–15–17; 8:45 am]           without prior notice and opportunity to
                                             special conditions is as follows:                       BILLING CODE 4910–13–P                                comment when the agency for good


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Document Created: 2017-05-16 13:52:39
Document Modified: 2017-05-16 13:52:39
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal special conditions; request for comment.
DatesThis action is effective on Airbus on May 16, 2017. We must receive your comments by June 30, 2017.
ContactNazih Khaouly, Airplane and Flight Crew Interface Branch, ANM-111, Transport Airplane Directorate, Aircraft Certification Service, 1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone 425-227-2432; facsimile 425-227-1149.
FR Citation82 FR 22411 
CFR AssociatedAircraft; Aviation Safety and Reporting and Record Keeping Requirements

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