82_FR_24323 82 FR 24222 - Special Conditions: Embraer S. A., Model EMB-550 Airplane; Non-Rechargeable Lithium Battery Installations

82 FR 24222 - Special Conditions: Embraer S. A., Model EMB-550 Airplane; Non-Rechargeable Lithium Battery Installations

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 82, Issue 101 (May 26, 2017)

Page Range24222-24224
FR Document2017-10840

These special conditions are issued for non-rechargeable lithium battery installations on the Embraer S. A. (Embraer) Model EMB- 550 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 101 (Friday, May 26, 2017)
[Federal Register Volume 82, Number 101 (Friday, May 26, 2017)]
[Rules and Regulations]
[Pages 24222-24224]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-10840]



[[Page 24222]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2017-0373; Special Conditions No. 25-679-SC]


Special Conditions: Embraer S. A., Model EMB-550 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-
550 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 26, 2017. We must 
receive your comments by July 10, 2017.

ADDRESSES: Send comments identified by docket number FAA-2017-0373 
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 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

[[Page 24223]]

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. TC00062IB, which provides the 
certification basis for the EMB-550 airplane. The EMB-550 is a twin 
engine, transport category airplane with a passenger seating capacity 
of 12 and a maximum takeoff weight of 38,360 pounds.
    The FAA is issuing these special conditions for non-rechargeable 
lithium battery installations on the EMB-550 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-550 airplane meets the applicable provisions of the regulations 
listed in type certificate no. TC00062IB 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-550 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-550 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-

[[Page 24224]]

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-550 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 recordkeeping 
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

0
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-550 
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 
``battery'' and ``battery system'' are referred to as a battery.


    Issued in Renton, Washington, on May 17, 2017.
Michael Kaszycki,
Assistant Manager, Transport Airplane Directorate, Aircraft 
Certification Service.
[FR Doc. 2017-10840 Filed 5-25-17; 8:45 am]
 BILLING CODE 4910-13-P



                                                24222                Federal Register / Vol. 82, No. 101 / Friday, May 26, 2017 / Rules and Regulations

                                                DEPARTMENT OF TRANSPORTATION                            docket, including the name of the                     Federal Register (81 FR 23573)
                                                                                                        individual sending the comment (or                    applicable to Gulfstream Aerospace
                                                Federal Aviation Administration                         signing the comment for an association,               Corporation for the GVI airplane. Those
                                                                                                        business, labor union, etc.). DOT’s                   were the first special conditions the
                                                14 CFR Part 25                                          complete Privacy Act Statement can be                 FAA issued for non-rechargeable
                                                [Docket No. FAA–2017–0373; Special                      found in the Federal Register published               lithium battery installations. We
                                                Conditions No. 25–679–SC]                               on April 11, 2000 (65 FR 19477–                       explained in that document our
                                                                                                        19478), as well as at http://                         decision to make those special
                                                Special Conditions: Embraer S. A.,                      DocketsInfo.dot.gov/.                                 conditions effective one year after
                                                Model EMB–550 Airplane; Non-                               Docket: Background documents or                    publication in the Federal Register,
                                                Rechargeable Lithium Battery                            comments received may be read at                      which is April 22, 2017. In those special
                                                Installations                                           http://www.regulations.gov/ at any time.              conditions, the FAA stated its intention
                                                                                                        Follow the online instructions for                    to apply non-rechargeable lithium
                                                AGENCY:  Federal Aviation                               accessing the docket or go to Docket                  battery special conditions to design
                                                Administration (FAA), DOT.                              Operations in Room W12–140 of the                     changes on other makes and models
                                                ACTION: Final special conditions; request               West Building Ground Floor at 1200                    applied for after this same date.
                                                for comment.                                            New Jersey Avenue SE., Washington,                       Section 1205 of the FAA
                                                                                                        DC, between 9 a.m. and 5 p.m., Monday                 Reauthorization Act of 1996 requires the
                                                SUMMARY:   These special conditions are                 through Friday, except Federal holidays.              FAA to consider the extent to which
                                                issued for non-rechargeable lithium                                                                           Alaska is not served by transportation
                                                                                                        FOR FURTHER INFORMATION CONTACT:
                                                battery installations on the Embraer S.                                                                       modes other than aviation and to
                                                                                                        Nazih Khaouly, Airplane and Flight
                                                A. (Embraer) Model EMB–550 airplane.                                                                          establish appropriate regulatory
                                                                                                        Crew Interface Branch, ANM–111,
                                                Non-rechargeable lithium batteries are a                                                                      distinctions when modifying
                                                                                                        Transport Airplane Directorate, Aircraft
                                                novel or unusual design feature when                                                                          airworthiness regulations that affect
                                                                                                        Certification Service, 1601 Lind Avenue
                                                compared to the state of technology                                                                           intrastate aviation in Alaska. In
                                                                                                        SW., Renton, Washington, 98057–3356;
                                                envisioned in the airworthiness                                                                               consideration of this requirement and
                                                                                                        telephone 425–227–2432; facsimile
                                                standards for transport category                                                                              the overall impact on safety, the FAA
                                                                                                        425–227–1149.
                                                airplanes. The applicable airworthiness                                                                       does not intend to require non-
                                                                                                        SUPPLEMENTARY INFORMATION:
                                                regulations do not contain adequate or                                                                        rechargeable lithium battery special
                                                appropriate safety standards for this                   Future Requests for Installation of Non-              conditions for design changes that only
                                                design feature. These special conditions                Rechargeable Lithium Batteries                        replace a 121.5 megahertz (MHz)
                                                contain the additional safety standards                    The FAA anticipates that non-                      emergency locator transmitter (ELT)
                                                that the Administrator considers                        rechargeable lithium batteries will be                with a 406 MHz ELT that meets
                                                necessary to establish a level of safety                installed in most makes and models of                 Technical Standard Order C126b, or
                                                equivalent to that established by the                   transport category airplanes. We intend               later revision, on transport airplanes
                                                existing airworthiness standards.                       to require special conditions for                     operating only in Alaska. This will
                                                DATES: This action is effective on                      certification projects involving non-                 support our efforts of encouraging
                                                Embraer on May 26, 2017. We must                        rechargeable lithium battery                          operators in Alaska to upgrade to a 406
                                                receive your comments by July 10, 2017.                 installations to address certain safety               MHz ELT. These ELTs provide
                                                ADDRESSES: Send comments identified                     issues until we can revise the                        significantly improved accuracy for
                                                by docket number FAA–2017–0373                          airworthiness requirements. Applying                  lifesaving services to locate an accident
                                                using any of the following methods:                     special conditions to these installations             site in Alaskan terrain. The FAA
                                                   • Federal eRegulations Portal: Go to                 across the range of transport category                considers that the safety benefits from
                                                http://www.regulations.gov/ and follow                  airplanes will ensure regulatory                      upgrading to a 406 MHz ELT for
                                                the online instructions for sending your                consistency.                                          Alaskan operations will outweigh the
                                                comments electronically.                                   Typically, the FAA issues special                  battery fire risk.
                                                   • Mail: Send comments to Docket                      conditions after receiving an application
                                                                                                                                                              Comments Invited
                                                Operations, M–30, U.S. Department of                    for type certificate approval of a novel
                                                Transportation (DOT), 1200 New Jersey                   or unusual design feature. However, the                 The substance of these special
                                                Avenue SE., Room W12–140, West                          FAA has found that the presence of non-               conditions has been subjected to the
                                                Building Ground Floor, Washington, DC                   rechargeable lithium batteries in                     notice and comment period in prior
                                                20590–0001.                                             certification projects is not always                  instances and has been derived without
                                                   • Hand Delivery or Courier: Take                     immediately identifiable, since the                   substantive change from those
                                                comments to Docket Operations in                        battery itself may not be the focus of the            previously issued. It is unlikely that
                                                Room W12–140 of the West Building                       project. Meanwhile, the inclusion of                  prior public comment would result in a
                                                Ground Floor at 1200 New Jersey                         these batteries has become virtually                  significant change from the substance
                                                Avenue SE., Washington, DC, between 9                   ubiquitous on in-production transport                 contained herein. Therefore, the FAA
                                                a.m. and 5 p.m., Monday through                         category airplanes, which shows that                  has determined that prior public notice
                                                Friday, except Federal holidays.                        there will be a need for these special                and comment are unnecessary and
                                                   • Fax: Fax comments to Docket                        conditions. Also, delaying the issuance               impracticable, and good cause exists for
                                                Operations at 202–493–2251.                             of special conditions until after each                adopting these special conditions upon
                                                   Privacy: The FAA will post all                       design application is received could                  publication in the Federal Register. The
mstockstill on DSK30JT082PROD with RULES




                                                comments it receives, without change,                   lead to costly certification delays.                  FAA is requesting comments to allow
                                                to http://www.regulations.gov/,                         Therefore the FAA finds it necessary to               interested persons to submit views that
                                                including any personal information the                  issue special conditions applicable to                may not have been submitted in
                                                commenter provides. Using the search                    these battery installations on particular             response to the prior opportunities for
                                                function of the docket Web site, anyone                 makes and models of aircraft.                         comment described above.
                                                can find and read the electronic form of                   On April 22, 2016, the FAA published                 We invite interested people to take
                                                all comments received into any FAA                      special conditions no. 25–612–SC in the               part in this rulemaking by sending


                                           VerDate Sep<11>2014   18:55 May 25, 2017   Jkt 241001   PO 00000   Frm 00012   Fmt 4700   Sfmt 4700   E:\FR\FM\26MYR1.SGM   26MYR1


                                                                     Federal Register / Vol. 82, No. 101 / Friday, May 26, 2017 / Rules and Regulations                                        24223

                                                written comments, data, or views. The                   requirements of 14 CFR part 34 and the                   • Flight deck and avionics systems
                                                most helpful comments reference a                       noise certification requirements of 14                such as displays, global positioning
                                                specific portion of the special                         CFR part 36.                                          systems, cockpit voice recorders, flight
                                                conditions, explain the reason for any                    The FAA issues special conditions, as               data recorders, underwater locator
                                                recommended change, and include                         defined in 14 CFR 11.19, in accordance                beacons, navigation computers,
                                                supporting data.                                        with § 11.38, and they become part of                 integrated avionics computers, satellite
                                                  We will consider all comments we                      the type certification basis under                    network and communication systems,
                                                receive by the closing date for                         § 21.101.                                             communication management units, and
                                                comments. We may change these special                                                                         remote-monitor electronic line-
                                                                                                        Novel or Unusual Design Feature
                                                conditions based on the comments we                                                                           replaceable units;
                                                receive.                                                   The novel or unusual design feature is                • Cabin safety, entertainment, and
                                                                                                        the installation of non-rechargeable                  communications equipment, including
                                                Background                                              lithium batteries.                                    emergency locator transmitters, life
                                                   Embraer holds type certificate no.                      For the purpose of these special                   rafts, escape slides, seatbelt air bags,
                                                TC00062IB, which provides the                           conditions, we refer to a battery and                 cabin management systems, Ethernet
                                                certification basis for the EMB–550                     battery system as a battery. A battery                switches, routers and media servers,
                                                airplane. The EMB–550 is a twin engine,                 system consists of the battery and any                wireless systems, internet and in-flight
                                                transport category airplane with a                      protective, monitoring, and alerting                  entertainment systems, satellite
                                                passenger seating capacity of 12 and a                  circuitry or hardware inside or outside               televisions, remotes, and handsets;
                                                maximum takeoff weight of 38,360                        of the battery. It also includes vents                   • Systems in cargo areas including
                                                pounds.                                                 (where necessary) and packaging.                      door controls, sensors, video
                                                   The FAA is issuing these special                                                                           surveillance equipment, and security
                                                                                                        Discussion
                                                conditions for non-rechargeable lithium                                                                       systems.
                                                battery installations on the EMB–550                       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–550 airplane meets the applicable                   rechargeable lithium batteries are novel              lithium can ignite, resulting in a self-
                                                provisions of the regulations listed in                 and unusual with respect to the state of              sustaining fire or explosion.
                                                type certificate no. TC00062IB or the                   technology considered when these                         • Fast or imbalanced discharging:
                                                applicable regulations in effect on the                 requirements were codified. These                     Fast discharging or an imbalanced
                                                date of application for the change,                     batteries introduce higher energy levels              discharge of one cell of a multi-cell
                                                except for earlier amendments as agreed                 into airplane systems through new                     battery may create an overheating
                                                upon by the FAA. In addition, the                       chemical compositions in various                      condition that results in an
                                                certification basis includes certain                    battery cell sizes and construction.                  uncontrollable venting condition, which
                                                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.
                                                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–550 airplane because of a                   prompted the FAA to initiate a broad                  energy storage of lithium. They also use
                                                novel or unusual design feature, special                evaluation of these energy storage                    liquid electrolytes that can be extremely
                                                conditions are prescribed under the                     technologies. In January 2013, two                    flammable. The electrolyte, as well as
                                                provisions of § 21.16.                                  independent events involving                          the electrodes, can serve as a source of
                                                   Special conditions are initially                     rechargeable lithium-ion batteries                    fuel for an external fire if the battery
                                                applicable to the airplane model for                    revealed unanticipated failure modes. A               casing is breached.
                                                which they are issued. Should the type                  National Transportation Safety Board                     Special condition no. 1 of these
                                                certificate for that model be amended                   (NTSB) letter to the FAA, dated May 22,               special conditions requires that each
                                                later to include any other model that                   2014, which is available at http://                   individual cell within a non-
                                                incorporates the same novel or unusual                  www.ntsb.gov, filename A–14–032–                      rechargeable lithium battery be designed
                                                design feature, or should any other                     036.pdf, describes these events.                      to maintain safe temperatures and
                                                model already included on the same                         On July 12, 2013, an event involving               pressures. Special condition no. 2
                                                type certificate be modified to                         a non-rechargeable lithium battery in an              addresses these same issues but for the
                                                incorporate the same novel or unusual                   emergency locator transmitter                         entire battery. Special condition no. 2
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                                                design feature, these special conditions                installation demonstrated unanticipated               requires the battery be designed to
                                                would also apply to the other model                     failure modes. The United Kingdom’s                   prevent propagation of a thermal event,
                                                under § 21.101.                                         Air Accidents Investigation Branch                    such as self-sustained, uncontrollable
                                                   In addition to the applicable                        Bulletin S5/2013 describes this event.                increases in temperature or pressure
                                                airworthiness regulations and special                      Some known uses of rechargeable and                from one cell to adjacent cells.
                                                conditions, the EMB–550 must comply                     non-rechargeable lithium batteries on                    Special conditions nos. 1 and 2 are
                                                with the fuel vent and exhaust emission                 airplanes include:                                    intended to ensure that the non-


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                                                24224                Federal Register / Vol. 82, No. 101 / Friday, May 26, 2017 / Rules and Regulations

                                                rechargeable lithium battery and its                       These special conditions are only                  the following special conditions are
                                                cells are designed to eliminate the                     applicable to design changes applied for              issued as part of the type certification
                                                potential for uncontrollable failures.                  after the effective date.                             basis for the Embraer S.A. Model EMB–
                                                However, a certain number of failures                      These special conditions are not                   550 airplane.
                                                will occur due to various factors beyond                applicable to changes to previously
                                                the control of the battery designer.                    certified non-rechargeable lithium                    Non-Rechargeable Lithium Battery
                                                Therefore, other special conditions are                 battery installations where the only                  Installations
                                                intended to protect the airplane and its                change is either cosmetic or to relocate
                                                                                                                                                                 In lieu of § 25.1353(b)(1) through (4)
                                                occupants if failure occurs.                            the installation to improve the safety of
                                                                                                                                                              at Amendment 25–123 or § 25.1353(c)(1)
                                                   Special conditions 3, 7, and 8 are self-             the airplane and occupants. Previously
                                                                                                        certified non-rechargeable lithium                    through (4) at earlier amendments, each
                                                explanatory.                                                                                                  non-rechargeable lithium battery
                                                   Special condition no. 4 makes it clear               battery installations, as used in this
                                                                                                        paragraph, are those installations                    installation must:
                                                that the flammable fluid fire protection
                                                requirements of § 25.863 apply to non-                  approved for certification projects                      1. Be designed to maintain safe cell
                                                rechargeable lithium battery                            applied for on or before the effective                temperatures and pressures under all
                                                installations. Section 25.863 is                        date of these special conditions. A                   foreseeable operating conditions to
                                                applicable to areas of the airplane that                cosmetic change is a change in                        prevent fire and explosion.
                                                could be exposed to flammable fluid                     appearance only, and does not change                     2. Be designed to prevent the
                                                leakage from airplane systems. Non-                     any function or safety characteristic of              occurrence of self-sustaining,
                                                rechargeable lithium batteries contain                  the battery installation. These special
                                                                                                                                                              uncontrollable increases in temperature
                                                an electrolyte that is a flammable fluid.               conditions are also not applicable to
                                                                                                                                                              or pressure.
                                                                                                        unchanged, previously certified non-
                                                   Special condition no. 5 requires that                rechargeable lithium battery                             3. Not emit explosive or toxic gases,
                                                each non-rechargeable lithium battery                   installations that are affected by a                  either in normal operation or as a result
                                                installation not damage surrounding                     change in a manner that improves the                  of its failure, that may accumulate in
                                                structure or adjacent systems,                          safety of its installation. The FAA                   hazardous quantities within the
                                                equipment, or electrical wiring from                    determined that these exclusions are in               airplane.
                                                corrosive fluids or gases that may escape               the public interest because the need to
                                                in such a way as to cause a major or                                                                             4. Meet the requirements of § 25.863.
                                                                                                        meet all of the special conditions might
                                                more severe failure condition.                          otherwise deter these design changes                     5. Not damage surrounding structure
                                                   While special condition no. 5                        that improve safety.                                  or adjacent systems, equipment, or
                                                addresses corrosive fluids and gases,                                                                         electrical wiring from corrosive fluids or
                                                special condition no. 6 addresses heat.                 Conclusion                                            gases that may escape in such a way as
                                                Special condition no. 6 requires that                     This action affects only a certain                  to cause a major or more severe failure
                                                each non-rechargeable lithium battery                   novel or unusual design feature on one                condition.
                                                installation have provisions to prevent                 model of airplane. It is not a rule of                   6. Have provisions to prevent any
                                                any hazardous effect on airplane                        general applicability.                                hazardous effect on airplane structure or
                                                structure or systems caused by the                        The substance of these special                      systems caused by the maximum
                                                maximum amount of heat the battery                      conditions has been subjected to the                  amount of heat it can generate due to
                                                installation can generate due to any                    notice and comment period in prior
                                                failure of it or its individual cells. The                                                                    any failure of it or its individual cells.
                                                                                                        instances and has been derived without
                                                means of meeting special conditions                     substantive change from those                            7. Have a failure sensing and warning
                                                nos. 5 and 6 may be the same, but the                   previously issued. It is unlikely that                system to alert the flightcrew if its
                                                requirements are independent and                        prior public comment would result in a                failure affects safe operation of the
                                                address different hazards.                              significant change from the substance                 airplane.
                                                   These special conditions apply to all                contained herein. Therefore, the FAA                     8. Have a means for the flightcrew or
                                                non-rechargeable lithium battery                        has determined that prior public notice               maintenance personnel to determine the
                                                installations in lieu of § 25.1353(b)(1)                and comment are unnecessary and                       battery charge state if the battery’s
                                                through (4) at Amendment 25–123 or                      impracticable, and good cause exists for              function is required for safe operation of
                                                § 25.1353(c)(1) through (4) at earlier                  adopting these special conditions upon                the airplane.
                                                amendments. Those regulations remain                    publication in the Federal Register. The
                                                in effect for other battery installations.              FAA is requesting comments to allow                      Note: A battery system consists of the
                                                                                                        interested persons to submit views that               battery and any protective, monitoring, and
                                                   These special conditions contain the                                                                       alerting circuitry or hardware inside or
                                                additional safety standards that the                    may not have been submitted in
                                                                                                        response to the prior opportunities for               outside of the battery. It also includes vents
                                                Administrator considers necessary to                                                                          (where necessary) and packaging. For the
                                                establish a level of safety equivalent to               comment described above.
                                                                                                                                                              purpose of these special conditions, a
                                                that established by the existing                        List of Subjects in 14 CFR Part 25                    ‘‘battery’’ and ‘‘battery system’’ are referred to
                                                airworthiness standards.                                                                                      as a battery.
                                                                                                          Aircraft, Aviation safety, Reporting
                                                Applicability                                           and recordkeeping requirements.
                                                                                                                                                                Issued in Renton, Washington, on May 17,
                                                  These special conditions are                            The authority citation for these                    2017.
                                                                                                        special conditions is as follows:
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                                                applicable to the EMB–550 airplane.                                                                           Michael Kaszycki,
                                                Should Embraer apply at a later date for                  Authority: 49 U.S.C. 106(g), 40113, 44701,          Assistant Manager, Transport Airplane
                                                a change to the type certificate to                     44702, 44704.
                                                                                                                                                              Directorate, Aircraft Certification Service.
                                                include another model incorporating the                 The Special Conditions                                [FR Doc. 2017–10840 Filed 5–25–17; 8:45 am]
                                                same novel or unusual design feature,
                                                                                                                                                              BILLING CODE 4910–13–P
                                                these special conditions would apply to                 ■ Accordingly, pursuant to the authority
                                                that model as well.                                     delegated to me by the Administrator,


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Document Created: 2017-05-26 02:24:11
Document Modified: 2017-05-26 02:24:11
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 26, 2017. We must receive your comments by July 10, 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 24222 
CFR AssociatedAircraft; Aviation Safety and Reporting and Recordkeeping Requirements

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