82_FR_24334 82 FR 24233 - Special Conditions: The Boeing Company, Model 787-9 Series Airplanes; Non-Rechargeable Lithium Battery Installations

82 FR 24233 - Special Conditions: The Boeing Company, Model 787-9 Series Airplanes; Non-Rechargeable Lithium Battery Installations

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

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

Page Range24233-24236
FR Document2017-10843

These special conditions are issued for non-rechargeable lithium battery installations on The Boeing Company (Boeing) Model 787- 9 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 101 (Friday, May 26, 2017)
[Federal Register Volume 82, Number 101 (Friday, May 26, 2017)]
[Rules and Regulations]
[Pages 24233-24236]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-10843]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2017-0387; Special Conditions No. 25-682-SC]


Special Conditions: The Boeing Company, Model 787-9 Series 
Airplanes; Non-Rechargeable Lithium Battery Installations

AGENCY: Federal Aviation Administration (FAA), DOT.

[[Page 24234]]


ACTION: Final special conditions; request for comment.

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SUMMARY: These special conditions are issued for non-rechargeable 
lithium battery installations on The Boeing Company (Boeing) Model 787-
9 series airplanes. Non-rechargeable lithium batteries are a novel or 
unusual design feature when compared to the state of technology 
envisioned in the airworthiness standards for transport category 
airplanes. The applicable airworthiness regulations do not contain 
adequate or appropriate safety standards for this design feature. These 
special conditions contain the additional safety standards that the 
Administrator considers necessary to establish a level of safety 
equivalent to that established by the existing airworthiness standards.

DATES: This action is effective on The Boeing Company May 26, 2017. We 
must receive your comments by July 10, 2017.

ADDRESSES: Send comments identified by docket number FAA-2017-0387 
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 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.

[[Page 24235]]

Background

    Boeing holds type certificate no. T00021SE, which provides the 
certification basis for the 787-9 series airplanes. The 787-9 is a twin 
engine, transport category airplane with a passenger seating capacity 
of 420 and a maximum takeoff weight of 557,000 pounds.
    The FAA is issuing these special conditions for non-rechargeable 
lithium battery installations on 787-9 series airplanes. The current 
battery requirements in title 14, Code of Federal Regulations (14 CFR) 
part 25 are inadequate for addressing an airplane with non-rechargeable 
lithium batteries.

Type Certification Basis

    Under the provisions of 14 CFR 21.101, Boeing must show that the 
787-9 series airplanes meet the applicable provisions of the 
regulations listed in type certificate no. T00021SE 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 787-9 series airplanes because of 
a novel or unusual design feature, special conditions are prescribed 
under the provisions of Sec.  21.16.
    Special conditions are initially applicable to the airplane model 
for which they are issued. Should the type certificate for that model 
be amended later to include any other model that incorporates the same 
novel or unusual design feature, or should any other model already 
included on the same type certificate be modified to incorporate the 
same novel or unusual design feature, these special conditions would 
also apply to the other model under Sec.  21.101.
    In addition to the applicable airworthiness regulations and special 
conditions, the 787-9 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

[[Page 24236]]

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 787-9 series 
airplanes. Should Boeing apply at a later date for a change to the type 
certificate to include another model incorporating the same novel or 
unusual design feature, these special conditions would apply to that 
model as well.
    These special conditions are only applicable to design changes 
applied for after the effective date.
    These special conditions are not applicable to changes to 
previously certified non-rechargeable lithium battery installations 
where the only change is either cosmetic or to relocate the 
installation to improve the safety of the airplane and occupants. 
Previously certified non-rechargeable lithium battery installations, as 
used in this paragraph, are those installations approved for 
certification projects applied for on or before the effective date of 
these special conditions. A cosmetic change is a change in appearance 
only, and does not change any function or safety characteristic of the 
battery installation. These special conditions are also not applicable 
to unchanged, previously certified non-rechargeable lithium battery 
installations that are affected by a change in a manner that improves 
the safety of its installation. The FAA determined that these 
exclusions are in the public interest because the need to meet all of 
the special conditions might otherwise deter these design changes that 
improve safety.

Conclusion

    This action affects only a certain novel or unusual design feature 
on one model of airplane. It is not a rule of general applicability.
    The substance of these special conditions has been subjected to the 
notice and comment period in prior instances and has been derived 
without substantive change from those previously issued. It is unlikely 
that prior public comment would result in a significant change from the 
substance contained herein. Therefore, the FAA has determined that 
prior public notice and comment are unnecessary and impracticable, and 
good cause exists for adopting these special conditions upon 
publication in the Federal Register. The FAA is requesting comments to 
allow interested persons to submit views that may not have been 
submitted in response to the prior opportunities for comment described 
above.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and 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

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the following special conditions are issued as part of 
the type certification basis for the Boeing Model 787-9 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 17, 2017.
Michael Kaszycki,
Assistant Manager, Transport Airplane Directorate, Aircraft 
Certification Service.
[FR Doc. 2017-10843 Filed 5-25-17; 8:45 am]
 BILLING CODE 4910-13-P



                                                                     Federal Register / Vol. 82, No. 101 / Friday, May 26, 2017 / Rules and Regulations                                               24233

                                                intended to protect the airplane and its                the airplane and occupants. Previously                rechargeable lithium battery installation
                                                occupants if failure occurs.                            certified non-rechargeable lithium                    must:
                                                   Special conditions 3, 7, and 8 are self-             battery installations, as used in this                   1. Be designed to maintain safe cell
                                                explanatory.                                            paragraph, are those installations                    temperatures and pressures under all
                                                   Special condition no. 4 makes it clear               approved for certification projects                   foreseeable operating conditions to
                                                that the flammable fluid fire protection                applied for on or before the effective                prevent fire and explosion.
                                                requirements of § 25.863 apply to non-                  date of these special conditions. A                      2. Be designed to prevent the
                                                rechargeable lithium battery                            cosmetic change is a change in                        occurrence of self-sustaining,
                                                installations. Section 25.863 is                        appearance only, and does not change                  uncontrollable increases in temperature
                                                applicable to areas of the airplane that                any function or safety characteristic of              or pressure.
                                                could be exposed to flammable fluid                     the battery installation. These special                  3. Not emit explosive or toxic gases,
                                                leakage from airplane systems. Non-                     conditions are also not applicable to                 either in normal operation or as a result
                                                rechargeable lithium batteries contain                  unchanged, previously certified non-                  of its failure, that may accumulate in
                                                an electrolyte that is a flammable fluid.               rechargeable lithium battery                          hazardous quantities within the
                                                   Special condition no. 5 requires that                installations that are affected by a                  airplane.
                                                each non-rechargeable lithium battery                   change in a manner that improves the                     4. Meet the requirements of § 25.863.
                                                installation not damage surrounding                     safety of its installation. The FAA                      5. Not damage surrounding structure
                                                structure or adjacent systems,                          determined that these exclusions are in               or adjacent systems, equipment, or
                                                equipment, or electrical wiring from                    the public interest because the need to               electrical wiring from corrosive fluids or
                                                corrosive fluids or gases that may escape               meet all of the special conditions might              gases that may escape in such a way as
                                                in such a way as to cause a major or                    otherwise deter these design changes                  to cause a major or more severe failure
                                                more severe failure condition.                          that improve safety.                                  condition.
                                                   While special condition no. 5                                                                                 6. Have provisions to prevent any
                                                addresses corrosive fluids and gases,                   Conclusion
                                                                                                                                                              hazardous effect on airplane structure or
                                                special condition no. 6 addresses heat.                   This action affects only a certain                  systems caused by the maximum
                                                Special condition no. 6 requires that                   novel or unusual design feature on one                amount of heat it can generate due to
                                                each non-rechargeable lithium battery                   model of airplane. It is not a rule of                any failure of it or its individual cells.
                                                installation have provisions to prevent                 general applicability.                                   7. Have a failure sensing and warning
                                                any hazardous effect on airplane                          The substance of these special                      system to alert the flightcrew if its
                                                structure or systems caused by the                      conditions has been subjected to the                  failure affects safe operation of the
                                                maximum amount of heat the battery                      notice and comment period in prior                    airplane.
                                                installation can generate due to any                    instances and has been derived without                   8. Have a means for the flightcrew or
                                                failure of it or its individual cells. The              substantive change from those                         maintenance personnel to determine the
                                                means of meeting special conditions                     previously issued. It is unlikely that                battery charge state if the battery’s
                                                nos. 5 and 6 may be the same, but the                   prior public comment would result in a                function is required for safe operation of
                                                requirements are independent and                        significant change from the substance                 the airplane.
                                                address different hazards.                              contained herein. Therefore, the FAA
                                                   These special conditions apply to all                                                                         Note: A battery system consists of the
                                                                                                        has determined that prior public notice               battery and any protective, monitoring, and
                                                non-rechargeable lithium battery                        and comment are unnecessary and                       alerting circuitry or hardware inside or
                                                installations in lieu of § 25.1353(b)(1)                impracticable, and good cause exists for              outside of the battery. It also includes vents
                                                through (4) at Amendment 25–123.                        adopting these special conditions upon                (where necessary) and packaging. For the
                                                Sections 25.1353(b)(1) through (4) at                   publication in the Federal Register. The              purpose of these special conditions, a
                                                Amendment 25–123 remain in effect for                   FAA is requesting comments to allow                   ‘‘battery’’ and ‘‘battery system’’ are referred to
                                                other battery installations.                            interested persons to submit views that               as a battery.
                                                   These special conditions contain the                 may not have been submitted in
                                                additional safety standards that the                                                                            Issued in Renton, Washington, on May 17,
                                                                                                        response to the prior opportunities for               2017.
                                                Administrator considers necessary to                    comment described above.
                                                establish a level of safety equivalent to                                                                     Michael Kaszycki,
                                                that established by the existing                        List of Subjects in 14 CFR Part 25                    Assistant Manager, Transport Airplane
                                                airworthiness standards.                                                                                      Directorate, Aircraft Certification Service.
                                                                                                          Aircraft, Aviation safety, Reporting
                                                                                                                                                              [FR Doc. 2017–10842 Filed 5–25–17; 8:45 am]
                                                Applicability                                           and recordkeeping requirements.
                                                                                                                                                              BILLING CODE 4910–13–P
                                                   These special conditions are                           The authority citation for these
                                                applicable to the Textron Model 700                     special conditions is as follows:
                                                airplane. Should Textron apply at a later                 Authority: 49 U.S.C. 106(g), 40113, 44701,          DEPARTMENT OF TRANSPORTATION
                                                date for a change to the type certificate               44702, 44704.
                                                to include another model incorporating                                                                        Federal Aviation Administration
                                                                                                        The Special Conditions
                                                the same novel or unusual design
                                                feature, these special conditions would                 ■ Accordingly, pursuant to the authority              14 CFR Part 25
                                                apply to that model as well.                            delegated to me by the Administrator,
                                                   These special conditions are only                    the following special conditions are                  [Docket No. FAA–2017–0387; Special
                                                                                                                                                              Conditions No. 25–682–SC]
                                                applicable to design changes applied for                issued as part of the type certification
mstockstill on DSK30JT082PROD with RULES




                                                after the effective date.                               basis for the Textron Model 700                       Special Conditions: The Boeing
                                                   These special conditions are not                     airplane.                                             Company, Model 787–9 Series
                                                applicable to changes to previously                                                                           Airplanes; Non-Rechargeable Lithium
                                                certified non-rechargeable lithium                      Non-Rechargeable Lithium Battery
                                                                                                        Installations                                         Battery Installations
                                                battery installations where the only
                                                change is either cosmetic or to relocate                   In lieu of § 25.1353(b)(1) through (4)             AGENCY:Federal Aviation
                                                the installation to improve the safety of               at Amendment 25–123, each non-                        Administration (FAA), DOT.


                                           VerDate Sep<11>2014   17:49 May 25, 2017   Jkt 241001   PO 00000   Frm 00023   Fmt 4700   Sfmt 4700   E:\FR\FM\26MYR1.SGM   26MYR1


                                                24234                Federal Register / Vol. 82, No. 101 / Friday, May 26, 2017 / Rules and Regulations

                                                ACTION:Final special conditions; request                Operations in Room W12–140 of the                     battery special conditions to design
                                                for comment.                                            West Building Ground Floor at 1200                    changes on other makes and models
                                                                                                        New Jersey Avenue SE., Washington,                    applied for after this same date.
                                                SUMMARY:   These special conditions are                 DC, between 9 a.m. and 5 p.m., Monday
                                                issued for non-rechargeable lithium                                                                              Section 1205 of the FAA
                                                                                                        through Friday, except Federal holidays.              Reauthorization Act of 1996 requires the
                                                battery installations on The Boeing
                                                                                                        FOR FURTHER INFORMATION CONTACT:                      FAA to consider the extent to which
                                                Company (Boeing) Model 787–9 series
                                                airplanes. Non-rechargeable lithium                     Nazih Khaouly, Airplane and Flight                    Alaska is not served by transportation
                                                batteries are a novel or unusual design                 Crew Interface Branch, ANM–111,                       modes other than aviation and to
                                                feature when compared to the state of                   Transport Airplane Directorate, Aircraft              establish appropriate regulatory
                                                technology envisioned in the                            Certification Service, 1601 Lind Avenue               distinctions when modifying
                                                airworthiness standards for transport                   SW., Renton, Washington 98057–3356;                   airworthiness regulations that affect
                                                category airplanes. The applicable                      telephone 425–227–2432; facsimile                     intrastate aviation in Alaska. In
                                                airworthiness regulations do not contain                425–227–1149.                                         consideration of this requirement and
                                                adequate or appropriate safety standards                SUPPLEMENTARY INFORMATION:                            the overall impact on safety, the FAA
                                                for this design feature. These special                                                                        does not intend to require non-
                                                                                                        Future Requests for Installation of Non-
                                                conditions contain the additional safety                                                                      rechargeable lithium battery special
                                                                                                        Rechargeable Lithium Batteries
                                                standards that the Administrator                                                                              conditions for design changes that only
                                                considers necessary to establish a level                   The FAA anticipates that non-                      replace a 121.5 megahertz (MHz)
                                                of safety equivalent to that established                rechargeable lithium batteries will be                emergency locator transmitter (ELT)
                                                by the existing airworthiness standards.                installed in most makes and models of                 with a 406 MHz ELT that meets
                                                DATES: This action is effective on The                  transport category airplanes. We intend               Technical Standard Order C126b, or
                                                Boeing Company May 26, 2017. We                         to require special conditions for                     later revision, on transport airplanes
                                                must receive your comments by July 10,                  certification projects involving non-                 operating only in Alaska. This will
                                                2017.                                                   rechargeable lithium battery                          support our efforts of encouraging
                                                ADDRESSES: Send comments identified
                                                                                                        installations to address certain safety               operators in Alaska to upgrade to a 406
                                                by docket number FAA–2017–0387                          issues until we can revise the                        MHz ELT. These ELTs provide
                                                using any of the following methods:                     airworthiness requirements. Applying                  significantly improved accuracy for
                                                   • Federal eRegulations Portal: Go to                 special conditions to these installations             lifesaving services to locate an accident
                                                http://www.regulations.gov/ and follow                  across the range of transport category                site in Alaskan terrain. The FAA
                                                the online instructions for sending your                airplanes will ensure regulatory                      considers that the safety benefits from
                                                comments electronically.                                consistency.                                          upgrading to a 406 MHz ELT for
                                                   • Mail: Send comments to Docket                         Typically, the FAA issues special                  Alaskan operations will outweigh the
                                                Operations, M–30, U.S. Department of                    conditions after receiving an application             battery fire risk.
                                                Transportation (DOT), 1200 New Jersey                   for type certificate approval of a novel
                                                                                                        or unusual design feature. However, the               Comments Invited
                                                Avenue SE., Room W12–140, West
                                                Building Ground Floor, Washington, DC                   FAA has found that the presence of non-                 The substance of these special
                                                20590–0001.                                             rechargeable lithium batteries in                     conditions has been subjected to the
                                                   • Hand Delivery or Courier: Take                     certification projects is not always                  notice and comment period in prior
                                                comments to Docket Operations in                        immediately identifiable, since the                   instances and has been derived without
                                                Room W12–140 of the West Building                       battery itself may not be the focus of the            substantive change from those
                                                Ground Floor at 1200 New Jersey                         project. Meanwhile, the inclusion of                  previously issued. It is unlikely that
                                                Avenue SE., Washington, DC, between 9                   these batteries has become virtually                  prior public comment would result in a
                                                a.m. and 5 p.m., Monday through                         ubiquitous on in-production transport                 significant change from the substance
                                                Friday, except Federal holidays.                        category airplanes, which shows that                  contained herein. Therefore, the FAA
                                                   • Fax: Fax comments to Docket                        there will be a need for these special                has determined that prior public notice
                                                Operations at 202–493–2251.                             conditions. Also, delaying the issuance               and comment are unnecessary and
                                                   Privacy: The FAA will post all                       of special conditions until after each                impracticable, and good cause exists for
                                                comments it receives, without change,                   design application is received could                  adopting these special conditions upon
                                                to http://www.regulations.gov/,                         lead to costly certification delays.                  publication in the Federal Register. The
                                                including any personal information the                  Therefore the FAA finds it necessary to               FAA is requesting comments to allow
                                                commenter provides. Using the search                    issue special conditions applicable to                interested persons to submit views that
                                                function of the docket Web site, anyone                 these battery installations on particular             may not have been submitted in
                                                can find and read the electronic form of                makes and models of aircraft.                         response to the prior opportunities for
                                                all comments received into any FAA                         On April 22, 2016, the FAA published               comment described above.
                                                docket, including the name of the                       special conditions no. 25–612–SC in the
                                                individual sending the comment (or                      Federal Register (81 FR 23573)                          We invite interested people to take
                                                signing the comment for an association,                 applicable to Gulfstream Aerospace                    part in this rulemaking by sending
                                                business, labor union, etc.). DOT’s                     Corporation for the GVI airplane. Those               written comments, data, or views. The
                                                complete Privacy Act Statement can be                   were the first special conditions the                 most helpful comments reference a
                                                found in the Federal Register published                 FAA issued for non-rechargeable                       specific portion of the special
                                                on April 11, 2000 (65 FR 19477–                         lithium battery installations. We                     conditions, explain the reason for any
                                                                                                                                                              recommended change, and include
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                                                19478), as well as at http://                           explained in that document our
                                                DocketsInfo.dot.gov/.                                   decision to make those special                        supporting data.
                                                   Docket: Background documents or                      conditions effective one year after                     We will consider all comments we
                                                comments received may be read at                        publication in the Federal Register,                  receive by the closing date for
                                                http://www.regulations.gov/ at any time.                which is April 22, 2017. In those special             comments. We may change these special
                                                Follow the online instructions for                      conditions, the FAA stated its intention              conditions based on the comments we
                                                accessing the docket or go to Docket                    to apply non-rechargeable lithium                     receive.


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                                                                     Federal Register / Vol. 82, No. 101 / Friday, May 26, 2017 / Rules and Regulations                                        24235

                                                Background                                              Novel or Unusual Design Feature                       remote-monitor electronic line-
                                                                                                           The novel or unusual design feature is             replaceable units;
                                                   Boeing holds type certificate no.                                                                             • Cabin safety, entertainment, and
                                                T00021SE, which provides the                            the installation of non-rechargeable
                                                                                                        lithium batteries.                                    communications equipment, including
                                                certification basis for the 787–9 series                                                                      emergency locator transmitters, life
                                                airplanes. The 787–9 is a twin engine,                     For the purpose of these special
                                                                                                        conditions, we refer to a battery and                 rafts, escape slides, seatbelt air bags,
                                                transport category airplane with a                                                                            cabin management systems, Ethernet
                                                passenger seating capacity of 420 and a                 battery system as a battery. A battery
                                                                                                        system consists of the battery and any                switches, routers and media servers,
                                                maximum takeoff weight of 557,000                                                                             wireless systems, internet and in-flight
                                                                                                        protective, monitoring, and alerting
                                                pounds.                                                                                                       entertainment systems, satellite
                                                                                                        circuitry or hardware inside or outside
                                                   The FAA is issuing these special                     of the battery. It also includes vents                televisions, remotes, and handsets;
                                                conditions for non-rechargeable lithium                 (where necessary) and packaging.                         • Systems in cargo areas including
                                                battery installations on 787–9 series                                                                         door controls, sensors, video
                                                airplanes. The current battery                          Discussion                                            surveillance equipment, and security
                                                requirements in title 14, Code of Federal                  The FAA derived the current                        systems.
                                                Regulations (14 CFR) part 25 are                        regulations governing installation of                    Some known potential hazards and
                                                inadequate for addressing an airplane                   batteries in transport category airplanes             failure modes associated with non-
                                                with non-rechargeable lithium batteries.                from Civil Air Regulations (CAR)                      rechargeable lithium batteries are:
                                                                                                        4b.625(d) as part of the recodification of               • Internal failures: In general, these
                                                Type Certification Basis                                CAR 4b that established 14 CFR part 25                batteries are significantly more
                                                   Under the provisions of 14 CFR                       in February 1965. This recodification                 susceptible to internal failures that can
                                                21.101, Boeing must show that the 787–                  basically reworded the CAR 4b battery                 result in self-sustaining increases in
                                                9 series airplanes meet the applicable                  requirements, which are currently in                  temperature and pressure (i.e., thermal
                                                provisions of the regulations listed in                 § 25.1353(b)(1) through (4). Non-                     runaway) than their nickel-cadmium or
                                                type certificate no. T00021SE or the                    rechargeable lithium batteries are novel              lead-acid counterparts. The metallic
                                                                                                        and unusual with respect to the state of              lithium can ignite, resulting in a self-
                                                applicable regulations in effect on the
                                                                                                        technology considered when these                      sustaining fire or explosion.
                                                date of application for the change,
                                                                                                        requirements were codified. These                        • Fast or imbalanced discharging:
                                                except for earlier amendments as agreed
                                                                                                        batteries introduce higher energy levels              Fast discharging or an imbalanced
                                                upon by the FAA. In addition, the
                                                                                                        into airplane systems through new                     discharge of one cell of a multi-cell
                                                certification basis includes certain
                                                                                                        chemical compositions in various                      battery may create an overheating
                                                special conditions, exemptions, or later
                                                                                                        battery cell sizes and construction.                  condition that results in an
                                                amended sections that are not relevant
                                                                                                        Interconnection of these cells in battery             uncontrollable venting condition, which
                                                to these special conditions.
                                                                                                        packs introduces failure modes that                   in turn leads to a thermal event or an
                                                   If the Administrator finds that the                  require unique design considerations,                 explosion.
                                                applicable airworthiness regulations                    such as provisions for thermal                           • Flammability: Unlike nickel-
                                                (i.e., 14 CFR part 25) do not contain                   management.                                           cadmium and lead-acid batteries,
                                                adequate or appropriate safety standards                   Recent events involving rechargeable               lithium batteries use higher energy and
                                                for the 787–9 series airplanes because of               and non-rechargeable lithium batteries                current in an electrochemical system
                                                a novel or unusual design feature,                      prompted the FAA to initiate a broad                  that can be configured to maximize
                                                special conditions are prescribed under                 evaluation of these energy storage                    energy storage of lithium. They also use
                                                the provisions of § 21.16.                              technologies. In January 2013, two                    liquid electrolytes that can be extremely
                                                   Special conditions are initially                     independent events involving                          flammable. The electrolyte, as well as
                                                applicable to the airplane model for                    rechargeable lithium-ion batteries                    the electrodes, can serve as a source of
                                                which they are issued. Should the type                  revealed unanticipated failure modes. A               fuel for an external fire if the battery
                                                certificate for that model be amended                   National Transportation Safety Board                  casing is breached.
                                                later to include any other model that                   (NTSB) letter to the FAA, dated May 22,                  Special condition no. 1 of these
                                                incorporates the same novel or unusual                  2014, which is available at http://                   special conditions requires that each
                                                design feature, or should any other                     www.ntsb.gov, filename A–14–032–                      individual cell within a non-
                                                model already included on the same                      036.pdf, describes these events.                      rechargeable lithium battery be designed
                                                type certificate be modified to                            On July 12, 2013, an event involving               to maintain safe temperatures and
                                                incorporate the same novel or unusual                   a non-rechargeable lithium battery in an              pressures. Special condition no. 2
                                                design feature, these special conditions                emergency locator transmitter                         addresses these same issues but for the
                                                would also apply to the other model                     installation demonstrated unanticipated               entire battery. Special condition no. 2
                                                under § 21.101.                                         failure modes. The United Kingdom’s                   requires the battery be designed to
                                                                                                        Air Accidents Investigation Branch                    prevent propagation of a thermal event,
                                                   In addition to the applicable                        Bulletin S5/2013 describes this event.                such as self-sustained, uncontrollable
                                                airworthiness regulations and special                      Some known uses of rechargeable and                increases in temperature or pressure
                                                conditions, the 787–9 series airplanes                  non-rechargeable lithium batteries on                 from one cell to adjacent cells.
                                                must comply with the fuel vent and                      airplanes include:                                       Special conditions nos. 1 and 2 are
                                                exhaust emission requirements of 14                        • Flight deck and avionics systems                 intended to ensure that the non-
                                                CFR part 34 and the noise certification
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                                                                                                        such as displays, global positioning                  rechargeable lithium battery and its
                                                requirements of 14 CFR part 36.                         systems, cockpit voice recorders, flight              cells are designed to eliminate the
                                                   The FAA issues special conditions, as                data recorders, underwater locator                    potential for uncontrollable failures.
                                                defined in 14 CFR 11.19, in accordance                  beacons, navigation computers,                        However, a certain number of failures
                                                with § 11.38, and they become part of                   integrated avionics computers, satellite              will occur due to various factors beyond
                                                the type certification basis under                      network and communication systems,                    the control of the battery designer.
                                                § 21.101.                                               communication management units, and                   Therefore, other special conditions are


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                                                24236                Federal Register / Vol. 82, No. 101 / Friday, May 26, 2017 / Rules and Regulations

                                                intended to protect the airplane and its                the airplane and occupants. Previously                non-rechargeable lithium battery
                                                occupants if failure occurs.                            certified non-rechargeable lithium                    installation must:
                                                   Special conditions 3, 7, and 8 are self-             battery installations, as used in this                   1. Be designed to maintain safe cell
                                                explanatory.                                            paragraph, are those installations                    temperatures and pressures under all
                                                   Special condition no. 4 makes it clear               approved for certification projects                   foreseeable operating conditions to
                                                that the flammable fluid fire protection                applied for on or before the effective                prevent fire and explosion.
                                                requirements of § 25.863 apply to non-                  date of these special conditions. A                      2. Be designed to prevent the
                                                rechargeable lithium battery                            cosmetic change is a change in                        occurrence of self-sustaining,
                                                installations. Section 25.863 is                        appearance only, and does not change                  uncontrollable increases in temperature
                                                applicable to areas of the airplane that                any function or safety characteristic of              or pressure.
                                                could be exposed to flammable fluid                     the battery installation. These special                  3. Not emit explosive or toxic gases,
                                                leakage from airplane systems. Non-                     conditions are also not applicable to                 either in normal operation or as a result
                                                rechargeable lithium batteries contain                  unchanged, previously certified non-                  of its failure, that may accumulate in
                                                an electrolyte that is a flammable fluid.               rechargeable lithium battery                          hazardous quantities within the
                                                   Special condition no. 5 requires that                installations that are affected by a                  airplane.
                                                each non-rechargeable lithium battery                   change in a manner that improves the                     4. Meet the requirements of § 25.863.
                                                installation not damage surrounding                     safety of its installation. The FAA                      5. Not damage surrounding structure
                                                structure or adjacent systems,                          determined that these exclusions are in               or adjacent systems, equipment, or
                                                equipment, or electrical wiring from                    the public interest because the need to               electrical wiring from corrosive fluids or
                                                corrosive fluids or gases that may escape               meet all of the special conditions might              gases that may escape in such a way as
                                                in such a way as to cause a major or                    otherwise deter these design changes                  to cause a major or more severe failure
                                                more severe failure condition.                          that improve safety.                                  condition.
                                                   While special condition no. 5                                                                                 6. Have provisions to prevent any
                                                addresses corrosive fluids and gases,                   Conclusion                                            hazardous effect on airplane structure or
                                                special condition no. 6 addresses heat.                   This action affects only a certain                  systems caused by the maximum
                                                Special condition no. 6 requires that                   novel or unusual design feature on one                amount of heat it can generate due to
                                                each non-rechargeable lithium battery                   model of airplane. It is not a rule of                any failure of it or its individual cells.
                                                installation have provisions to prevent                 general applicability.                                   7. Have a failure sensing and warning
                                                any hazardous effect on airplane                          The substance of these special                      system to alert the flightcrew if its
                                                structure or systems caused by the                      conditions has been subjected to the                  failure affects safe operation of the
                                                maximum amount of heat the battery                      notice and comment period in prior                    airplane.
                                                installation can generate due to any                    instances and has been derived without                   8. Have a means for the flightcrew or
                                                failure of it or its individual cells. The              substantive change from those                         maintenance personnel to determine the
                                                means of meeting special conditions                     previously issued. It is unlikely that                battery charge state if the battery’s
                                                nos. 5 and 6 may be the same, but the                   prior public comment would result in a                function is required for safe operation of
                                                requirements are independent and                        significant change from the substance                 the airplane.
                                                address different hazards.                              contained herein. Therefore, the FAA                     Note: A battery system consists of the
                                                   These special conditions apply to all                has determined that prior public notice               battery and any protective, monitoring, and
                                                non-rechargeable lithium battery                        and comment are unnecessary and                       alerting circuitry or hardware inside or
                                                installations in lieu of § 25.1353(b)(1)                impracticable, and good cause exists for              outside of the battery. It also includes vents
                                                                                                        adopting these special conditions upon                (where necessary) and packaging. For the
                                                through (4) at Amendment 25–123 or                                                                            purpose of these special conditions, a
                                                § 25.1353(c)(1) through (4) at earlier                  publication in the Federal Register. The              ‘‘battery’’ and ‘‘battery system’’ are referred to
                                                amendments. Those regulations remain                    FAA is requesting comments to allow                   as a battery.
                                                in effect for other battery installations.              interested persons to submit views that
                                                   These special conditions contain the                 may not have been submitted in                          Issued in Renton, Washington, on May 17,
                                                additional safety standards that the                    response to the prior opportunities for               2017.
                                                Administrator considers necessary to                    comment described above.                              Michael Kaszycki,
                                                establish a level of safety equivalent to                                                                     Assistant Manager, Transport Airplane
                                                                                                        List of Subjects in 14 CFR Part 25
                                                that established by the existing                                                                              Directorate, Aircraft Certification Service.
                                                airworthiness standards.                                  Aircraft, Aviation safety, Reporting                [FR Doc. 2017–10843 Filed 5–25–17; 8:45 am]
                                                                                                        and recordkeeping requirements.                       BILLING CODE 4910–13–P
                                                Applicability                                             The authority citation for these
                                                   These special conditions are                         special conditions is as follows:
                                                applicable to the 787–9 series airplanes.                 Authority: 49 U.S.C. 106(g), 40113, 44701,          DEPARTMENT OF TRANSPORTATION
                                                Should Boeing apply at a later date for                 44702, 44704.
                                                a change to the type certificate to                                                                           Federal Aviation Administration
                                                include another model incorporating the                 The Special Conditions
                                                same novel or unusual design feature,                     Accordingly, pursuant to the                        14 CFR Part 39
                                                these special conditions would apply to                 authority delegated to me by the                      [Docket No. FAA–2017–0186; Directorate
                                                that model as well.                                     Administrator, the following special                  Identifier 2017–NE–07–AD; Amendment 39–
                                                   These special conditions are only                    conditions are issued as part of the type             18899; AD 2017–10–25]
                                                applicable to design changes applied for                certification basis for the Boeing Model
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                                                after the effective date.                                                                                     RIN 2120–AA64
                                                                                                        787–9 series airplanes.
                                                   These special conditions are not
                                                                                                        Non-Rechargeable Lithium Battery                      Airworthiness Directives; Rolls-Royce
                                                applicable to changes to previously
                                                                                                        Installations                                         Deutschland Ltd & Co KG Turbofan
                                                certified non-rechargeable lithium
                                                                                                                                                              Engines
                                                battery installations where the only                       In lieu of § 25.1353(b)(1) through (4)
                                                change is either cosmetic or to relocate                at Amendment 25–123 or § 25.1353(c)(1)                AGENCY:Federal Aviation
                                                the installation to improve the safety of               through (4) at earlier amendments, each               Administration (FAA), DOT.


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Document Created: 2017-05-26 02:24:10
Document Modified: 2017-05-26 02:24:10
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal special conditions; request for comment.
DatesThis action is effective on The Boeing Company 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 24233 
CFR AssociatedAircraft; Aviation Safety and Reporting and Recordkeeping Requirements

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