82_FR_24934 82 FR 24831 - Special Conditions: The Boeing Company, Model 777-300ER Series Airplanes; Non-Rechargeable Lithium Battery Installations

82 FR 24831 - Special Conditions: The Boeing Company, Model 777-300ER Series Airplanes; Non-Rechargeable Lithium Battery Installations

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 82, Issue 103 (May 31, 2017)

Page Range24831-24834
FR Document2017-11163

These special conditions are issued for non-rechargeable lithium battery installations on The Boeing Company (Boeing) Model 777- 300ER 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 103 (Wednesday, May 31, 2017)
[Federal Register Volume 82, Number 103 (Wednesday, May 31, 2017)]
[Rules and Regulations]
[Pages 24831-24834]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11163]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2017-0386; Special Conditions No. 25-687-SC]


Special Conditions: The Boeing Company, Model 777-300ER Series 
Airplanes; Non-Rechargeable Lithium Battery Installations

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comment.

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

SUMMARY: These special conditions are issued for non-rechargeable 
lithium battery installations on The Boeing Company (Boeing) Model 777-
300ER 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 on May 31, 2017. 
We must receive your comments by July 17, 2017.

ADDRESSES: Send comments identified by docket number FAA-2017-0386 
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;

[[Page 24832]]

telephone 425-227-2432; facsimile 425-227-1149.

SUPPLEMENTARY INFORMATION: 

Future Requests for Installation of Non-Rechargeable Lithium Batteries

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

Comments Invited

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

Background

    Boeing holds type certificate no. T00001SE, which provides the 
certification basis for the 777-300ER series airplanes. The 777-300ER 
is a swept wing, twin engine, transport category airplane with a 
passenger seating capacity of 550.
    The FAA is issuing these special conditions for non-rechargeable 
lithium battery installations on the 777-300ER 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 
777-300ER series airplanes meet the applicable provisions of the 
regulations listed in type certificate no. T00001SE 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 777-300ER 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 777-300ER 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.

[[Page 24833]]

Discussion

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

Applicability

    These special conditions are applicable to the 777-300ER 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

[[Page 24834]]

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 Boeing Model 777-300ER 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 23, 2017.
Michael Kaszycki,
Assistant Manager, Transport Airplane Directorate, Aircraft 
Certification Service.
[FR Doc. 2017-11163 Filed 5-30-17; 8:45 am]
BILLING CODE 4910-13-P



                                                                   Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Rules and Regulations                                        24831

                                                  unchanged, previously certified non-                    of its failure, that may accumulate in                airworthiness regulations do not contain
                                                  rechargeable lithium battery                            hazardous quantities within the                       adequate or appropriate safety standards
                                                  installations that are affected by a                    airplane.                                             for this design feature. These special
                                                  change in a manner that improves the                       4. Meet the requirements of § 25.863.              conditions contain the additional safety
                                                  safety of its installation. The FAA                        5. Not damage surrounding structure                standards that the Administrator
                                                  determined that these exclusions are in                 or adjacent systems, equipment, or                    considers necessary to establish a level
                                                  the public interest because the need to                 electrical wiring from corrosive fluids or            of safety equivalent to that established
                                                  meet all of the special conditions might                gases that may escape in such a way as                by the existing airworthiness standards.
                                                  otherwise deter these design changes                    to cause a major or more severe failure               DATES: This action is effective on The
                                                  that improve safety.                                    condition.                                            Boeing Company on May 31, 2017. We
                                                                                                             6. Have provisions to prevent any
                                                  Conclusion                                                                                                    must receive your comments by July 17,
                                                                                                          hazardous effect on airplane structure or
                                                                                                                                                                2017.
                                                    This action affects only a certain                    systems caused by the maximum
                                                  novel or unusual design feature on one                  amount of heat it can generate due to                 ADDRESSES: Send comments identified
                                                  model of airplane. It is not a rule of                  any failure of it or its individual cells.            by docket number FAA–2017–0386
                                                  general applicability.                                     7. Have a failure sensing and warning              using any of the following methods:
                                                    The substance of these special                        system to alert the flightcrew if its                   • Federal eRegulations Portal: Go to
                                                  conditions has been subjected to the                    failure affects safe operation of the                 http://www.regulations.gov/ and follow
                                                  notice and comment period in prior                      airplane.                                             the online instructions for sending your
                                                  instances and has been derived without                     8. Have a means for the flightcrew or              comments electronically.
                                                  substantive change from those                           maintenance personnel to determine the                  • Mail: Send comments to Docket
                                                  previously issued. It is unlikely that                  battery charge state if the battery’s                 Operations, M–30, U.S. Department of
                                                  prior public comment would result in a                  function is required for safe operation of            Transportation (DOT), 1200 New Jersey
                                                  significant change from the substance                   the airplane.                                         Avenue SE., Room W12–140, West
                                                  contained herein. Therefore, the FAA                       Note: A battery system consists of the             Building Ground Floor, Washington, DC
                                                  has determined that prior public notice                 battery and any protective, monitoring, and           20590–0001.
                                                  and comment are unnecessary and                         alerting circuitry or hardware inside or                • Hand Delivery or Courier: Take
                                                  impracticable, and good cause exists for                outside of the battery. It also includes vents        comments to Docket Operations in
                                                  adopting these special conditions upon                  (where necessary) and packaging. For the              Room W12–140 of the West Building
                                                  publication in the Federal Register. The                purpose of these special conditions, a                Ground Floor at 1200 New Jersey
                                                                                                          ‘‘battery’’ and ‘‘battery system’’ are referred to
                                                  FAA is requesting comments to allow                                                                           Avenue SE., Washington, DC, between 9
                                                                                                          as a battery.
                                                  interested persons to submit views that                                                                       a.m. and 5 p.m., Monday through
                                                  may not have been submitted in                            Issued in Renton, Washington, on May 23,            Friday, except Federal holidays.
                                                  response to the prior opportunities for                 2017.                                                   • Fax: Fax comments to Docket
                                                  comment described above.                                Michael Kaszycki,                                     Operations at 202–493–2251.
                                                  List of Subjects in 14 CFR Part 25                      Assistant Manager, Transport Airplane                    Privacy: The FAA will post all
                                                                                                          Directorate, Aircraft Certification Service.          comments it receives, without change,
                                                    Aircraft, Aviation safety, Reporting                                                                        to http://www.regulations.gov/,
                                                                                                          [FR Doc. 2017–11162 Filed 5–30–17; 8:45 am]
                                                  and recordkeeping requirements.                                                                               including any personal information the
                                                                                                          BILLING CODE 4910–13–P
                                                    The authority citation for these                                                                            commenter provides. Using the search
                                                  special conditions is as follows:                                                                             function of the docket Web site, anyone
                                                    Authority: 49 U.S.C. 106(g), 40113, 44701,            DEPARTMENT OF TRANSPORTATION                          can find and read the electronic form of
                                                  44702, 44704.                                                                                                 all comments received into any FAA
                                                                                                          Federal Aviation Administration                       docket, including the name of the
                                                  The Special Conditions
                                                                                                                                                                individual sending the comment (or
                                                    Accordingly, pursuant to the                          14 CFR Part 25                                        signing the comment for an association,
                                                  authority delegated to me by the                                                                              business, labor union, etc.). DOT’s
                                                                                                          [Docket No. FAA–2017–0386; Special
                                                  Administrator, the following special                    Conditions No. 25–687–SC]                             complete Privacy Act Statement can be
                                                  conditions are issued as part of the type                                                                     found in the Federal Register published
                                                  certification basis for the Textron Model               Special Conditions: The Boeing                        on April 11, 2000 (65 FR 19477–19478),
                                                  750 airplane.                                           Company, Model 777–300ER Series                       as well as at http://DocketsInfo.dot
                                                  Non-Rechargeable Lithium Battery                        Airplanes; Non-Rechargeable Lithium                   .gov/.
                                                  Installations                                           Battery Installations                                    Docket: Background documents or
                                                                                                                                                                comments received may be read at
                                                     In lieu of § 25.1353(b)(1) through (4)               AGENCY:  Federal Aviation
                                                                                                                                                                http://www.regulations.gov/ at any time.
                                                  at Amendment 25–123 or § 25.1353(c)(1)                  Administration (FAA), DOT.
                                                                                                                                                                Follow the online instructions for
                                                  through (4) at earlier amendments, each                 ACTION: Final special conditions; request
                                                                                                                                                                accessing the docket or go to Docket
                                                  non-rechargeable lithium battery                        for comment.                                          Operations in Room W12–140 of the
                                                  installation must:
                                                     1. Be designed to maintain safe cell                 SUMMARY:    These special conditions are              West Building Ground Floor at 1200
                                                  temperatures and pressures under all                    issued for non-rechargeable lithium                   New Jersey Avenue SE., Washington,
asabaliauskas on DSKBBXCHB2PROD with RULES




                                                  foreseeable operating conditions to                     battery installations on The Boeing                   DC, between 9 a.m. and 5 p.m., Monday
                                                  prevent fire and explosion.                             Company (Boeing) Model 777–300ER                      through Friday, except Federal holidays.
                                                     2. Be designed to prevent the                        series airplanes. Non-rechargeable                    FOR FURTHER INFORMATION CONTACT:
                                                  occurrence of self-sustaining,                          lithium batteries are a novel or unusual              Nazih Khaouly, Airplane and Flight
                                                  uncontrollable increases in temperature                 design feature when compared to the                   Crew Interface Branch, ANM–111,
                                                  or pressure.                                            state of technology envisioned in the                 Transport Airplane Directorate, Aircraft
                                                     3. Not emit explosive or toxic gases,                airworthiness standards for transport                 Certification Service, 1601 Lind Avenue
                                                  either in normal operation or as a result               category airplanes. The applicable                    SW., Renton, Washington, 98057–3356;


                                             VerDate Sep<11>2014   17:08 May 30, 2017   Jkt 241001   PO 00000   Frm 00007   Fmt 4700   Sfmt 4700   E:\FR\FM\31MYR1.SGM   31MYR1


                                                  24832            Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Rules and Regulations

                                                  telephone 425–227–2432; facsimile                       consideration of this requirement and                 Regulations (14 CFR) part 25 are
                                                  425–227–1149.                                           the overall impact on safety, the FAA                 inadequate for addressing an airplane
                                                  SUPPLEMENTARY INFORMATION:                              does not intend to require non-                       with non-rechargeable lithium batteries.
                                                                                                          rechargeable lithium battery special
                                                  Future Requests for Installation of Non-                conditions for design changes that only               Type Certification Basis
                                                  Rechargeable Lithium Batteries                          replace a 121.5 megahertz (MHz)                          Under the provisions of 14 CFR
                                                     The FAA anticipates that non-                        emergency locator transmitter (ELT)                   21.101, Boeing must show that the 777–
                                                  rechargeable lithium batteries will be                  with a 406 MHz ELT that meets                         300ER series airplanes meet the
                                                  installed in most makes and models of                   Technical Standard Order C126b, or                    applicable provisions of the regulations
                                                  transport category airplanes. We intend                 later revision, on transport airplanes                listed in type certificate no. T00001SE
                                                  to require special conditions for                       operating only in Alaska. This will                   or the applicable regulations in effect on
                                                  certification projects involving non-                   support our efforts of encouraging                    the date of application for the change,
                                                  rechargeable lithium battery                            operators in Alaska to upgrade to a 406               except for earlier amendments as agreed
                                                  installations to address certain safety                 MHz ELT. These ELTs provide                           upon by the FAA. In addition, the
                                                  issues until we can revise the                          significantly improved accuracy for                   certification basis includes certain
                                                  airworthiness requirements. Applying                    lifesaving services to locate an accident             special conditions, exemptions, or later
                                                  special conditions to these installations               site in Alaskan terrain. The FAA
                                                                                                                                                                amended sections that are not relevant
                                                  across the range of transport category                  considers that the safety benefits from
                                                                                                                                                                to these special conditions.
                                                  airplanes will ensure regulatory                        upgrading to a 406 MHz ELT for
                                                  consistency.                                            Alaskan operations will outweigh the                     If the Administrator finds that the
                                                     Typically, the FAA issues special                    battery fire risk.                                    applicable airworthiness regulations
                                                  conditions after receiving an application                                                                     (i.e., 14 CFR part 25) do not contain
                                                  for type certificate approval of a novel                Comments Invited                                      adequate or appropriate safety standards
                                                  or unusual design feature. However, the                   The substance of these special                      for the 777–300ER series airplanes
                                                  FAA has found that the presence of non-                 conditions has been subjected to the                  because of a novel or unusual design
                                                  rechargeable lithium batteries in                       notice and comment period in prior                    feature, special conditions are
                                                  certification projects is not always                    instances and has been derived without                prescribed under the provisions of
                                                  immediately identifiable, since the                     substantive change from those                         § 21.16.
                                                  battery itself may not be the focus of the              previously issued. It is unlikely that                   Special conditions are initially
                                                  project. Meanwhile, the inclusion of                    prior public comment would result in a                applicable to the airplane model for
                                                  these batteries has become virtually                    significant change from the substance                 which they are issued. Should the type
                                                  ubiquitous on in-production transport                   contained herein. Therefore, the FAA                  certificate for that model be amended
                                                  category airplanes, which shows that                    has determined that prior public notice               later to include any other model that
                                                  there will be a need for these special                  and comment are unnecessary and                       incorporates the same novel or unusual
                                                  conditions. Also, delaying the issuance                 impracticable, and good cause exists for              design feature, or should any other
                                                  of special conditions until after each                  adopting these special conditions upon                model already included on the same
                                                  design application is received could                    publication in the Federal Register. The              type certificate be modified to
                                                  lead to costly certification delays.                    FAA is requesting comments to allow                   incorporate the same novel or unusual
                                                  Therefore the FAA finds it necessary to                 interested persons to submit views that               design feature, these special conditions
                                                  issue special conditions applicable to                  may not have been submitted in                        would also apply to the other model
                                                  these battery installations on particular               response to the prior opportunities for               under § 21.101.
                                                  makes and models of aircraft.                           comment described above.
                                                     On April 22, 2016, the FAA published                   We invite interested people to take                    In addition to the applicable
                                                  special conditions no. 25–612–SC in the                 part in this rulemaking by sending                    airworthiness regulations and special
                                                  Federal Register (81 FR 23573)                          written comments, data, or views. The                 conditions, the 777–300ER series
                                                  applicable to Gulfstream Aerospace                      most helpful comments reference a                     airplanes must comply with the fuel
                                                  Corporation for the GVI airplane. Those                 specific portion of the special                       vent and exhaust emission requirements
                                                  were the first special conditions the                   conditions, explain the reason for any                of 14 CFR part 34 and the noise
                                                  FAA issued for non-rechargeable                         recommended change, and include                       certification requirements of 14 CFR
                                                  lithium battery installations. We                       supporting data.                                      part 36.
                                                  explained in that document our                            We will consider all comments we                       The FAA issues special conditions, as
                                                  decision to make those special                          receive by the closing date for                       defined in 14 CFR 11.19, in accordance
                                                  conditions effective one year after                     comments. We may change these special                 with § 11.38, and they become part of
                                                  publication in the Federal Register,                    conditions based on the comments we                   the type certification basis under
                                                  which is April 22, 2017. In those special               receive.                                              § 21.101.
                                                  conditions, the FAA stated its intention
                                                  to apply non-rechargeable lithium                       Background                                            Novel or Unusual Design Feature
                                                  battery special conditions to design                      Boeing holds type certificate no.
                                                  changes on other makes and models                       T00001SE, which provides the                             The novel or unusual design feature is
                                                  applied for after this same date.                       certification basis for the 777–300ER                 the installation of non-rechargeable
                                                     Section 1205 of the FAA                              series airplanes. The 777–300ER is a                  lithium batteries.
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                                                  Reauthorization Act of 1996 requires the                swept wing, twin engine, transport                       For the purpose of these special
                                                  FAA to consider the extent to which                     category airplane with a passenger                    conditions, we refer to a battery and
                                                  Alaska is not served by transportation                  seating capacity of 550.                              battery system as a battery. A battery
                                                  modes other than aviation and to                          The FAA is issuing these special                    system consists of the battery and any
                                                  establish appropriate regulatory                        conditions for non-rechargeable lithium               protective, monitoring, and alerting
                                                  distinctions when modifying                             battery installations on the 777–300ER                circuitry or hardware inside or outside
                                                  airworthiness regulations that affect                   series airplanes. The current battery                 of the battery. It also includes vents
                                                  intrastate aviation in Alaska. In                       requirements in title 14, Code of Federal             (where necessary) and packaging.


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                                                                   Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Rules and Regulations                                          24833

                                                  Discussion                                              surveillance equipment, and security                     Special condition no. 5 requires that
                                                     The FAA derived the current                          systems.                                              each non-rechargeable lithium battery
                                                                                                             Some known potential hazards and                   installation not damage surrounding
                                                  regulations governing installation of
                                                                                                          failure modes associated with non-                    structure or adjacent systems,
                                                  batteries in transport category airplanes
                                                                                                          rechargeable lithium batteries are:                   equipment, or electrical wiring from
                                                  from Civil Air Regulations (CAR)                           • Internal failures: In general, these
                                                  4b.625(d) as part of the recodification of                                                                    corrosive fluids or gases that may escape
                                                                                                          batteries are significantly more                      in such a way as to cause a major or
                                                  CAR 4b that established 14 CFR part 25                  susceptible to internal failures that can             more severe failure condition.
                                                  in February 1965. This recodification                   result in self-sustaining increases in                   While special condition no. 5
                                                  basically reworded the CAR 4b battery                   temperature and pressure (i.e., thermal               addresses corrosive fluids and gases,
                                                  requirements, which are currently in                    runaway) than their nickel-cadmium or                 special condition no. 6 addresses heat.
                                                  § 25.1353(b)(1) through (4). Non-                       lead-acid counterparts. The metallic                  Special condition no. 6 requires that
                                                  rechargeable lithium batteries are novel                lithium can ignite, resulting in a self-              each non-rechargeable lithium battery
                                                  and unusual with respect to the state of                sustaining fire or explosion.                         installation have provisions to prevent
                                                  technology considered when these                           • Fast or imbalanced discharging:                  any hazardous effect on airplane
                                                  requirements were codified. These                       Fast discharging or an imbalanced                     structure or systems caused by the
                                                  batteries introduce higher energy levels                discharge of one cell of a multi-cell                 maximum amount of heat the battery
                                                  into airplane systems through new                       battery may create an overheating                     installation can generate due to any
                                                  chemical compositions in various                        condition that results in an                          failure of it or its individual cells. The
                                                  battery cell sizes and construction.                    uncontrollable venting condition, which               means of meeting special conditions
                                                  Interconnection of these cells in battery               in turn leads to a thermal event or an                nos. 5 and 6 may be the same, but the
                                                  packs introduces failure modes that                     explosion.                                            requirements are independent and
                                                  require unique design considerations,                      • Flammability: Unlike nickel-                     address different hazards.
                                                  such as provisions for thermal                          cadmium and lead-acid batteries,                         These special conditions apply to all
                                                  management.                                             lithium batteries use higher energy and               non-rechargeable lithium battery
                                                     Recent events involving rechargeable                 current in an electrochemical system                  installations in lieu of § 25.1353(b)(1)
                                                  and non-rechargeable lithium batteries                  that can be configured to maximize                    through (4) at Amendment 25–123 or
                                                  prompted the FAA to initiate a broad                    energy storage of lithium. They also use              § 25.1353(c)(1) through (4) at earlier
                                                  evaluation of these energy storage                      liquid electrolytes that can be extremely             amendments. Those regulations remain
                                                  technologies. In January 2013, two                      flammable. The electrolyte, as well as                in effect for other battery installations.
                                                  independent events involving                            the electrodes, can serve as a source of                 These special conditions contain the
                                                  rechargeable lithium-ion batteries                      fuel for an external fire if the battery              additional safety standards that the
                                                  revealed unanticipated failure modes. A                 casing is breached.                                   Administrator considers necessary to
                                                  National Transportation Safety Board                       Special condition no. 1 of these                   establish a level of safety equivalent to
                                                  (NTSB) letter to the FAA, dated May 22,                 special conditions requires that each                 that established by the existing
                                                  2014, which is available at http://                     individual cell within a non-                         airworthiness standards.
                                                  www.ntsb.gov, filename A–14–032–                        rechargeable lithium battery be designed
                                                  036.pdf, describes these events.                        to maintain safe temperatures and                     Applicability
                                                     On July 12, 2013, an event involving                 pressures. Special condition no. 2                       These special conditions are
                                                  a non-rechargeable lithium battery in an                addresses these same issues but for the               applicable to the 777–300ER series
                                                  emergency locator transmitter                           entire battery. Special condition no. 2               airplanes. Should Boeing apply at a later
                                                  installation demonstrated unanticipated                 requires the battery be designed to                   date for a change to the type certificate
                                                  failure modes. The United Kingdom’s                     prevent propagation of a thermal event,               to include another model incorporating
                                                  Air Accidents Investigation Branch                      such as self-sustained, uncontrollable                the same novel or unusual design
                                                  Bulletin S5/2013 describes this event.                  increases in temperature or pressure                  feature, these special conditions would
                                                     Some known uses of rechargeable and                  from one cell to adjacent cells.                      apply to that model as well.
                                                  non-rechargeable lithium batteries on                      Special conditions nos. 1 and 2 are                   These special conditions are only
                                                  airplanes include:                                      intended to ensure that the non-                      applicable to design changes applied for
                                                     • Flight deck and avionics systems                   rechargeable lithium battery and its                  after the effective date.
                                                  such as displays, global positioning                    cells are designed to eliminate the                      These special conditions are not
                                                  systems, cockpit voice recorders, flight                potential for uncontrollable failures.                applicable to changes to previously
                                                  data recorders, underwater locator                      However, a certain number of failures                 certified non-rechargeable lithium
                                                  beacons, navigation computers,                          will occur due to various factors beyond              battery installations where the only
                                                  integrated avionics computers, satellite                the control of the battery designer.                  change is either cosmetic or to relocate
                                                  network and communication systems,                      Therefore, other special conditions are               the installation to improve the safety of
                                                  communication management units, and                     intended to protect the airplane and its              the airplane and occupants. Previously
                                                  remote-monitor electronic line-                         occupants if failure occurs.                          certified non-rechargeable lithium
                                                  replaceable units;                                         Special conditions 3, 7, and 8 are self-           battery installations, as used in this
                                                     • Cabin safety, entertainment, and                   explanatory.                                          paragraph, are those installations
                                                  communications equipment, including                        Special condition no. 4 makes it clear             approved for certification projects
                                                  emergency locator transmitters, life                    that the flammable fluid fire protection              applied for on or before the effective
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                                                  rafts, escape slides, seatbelt air bags,                requirements of § 25.863 apply to non-                date of these special conditions. A
                                                  cabin management systems, Ethernet                      rechargeable lithium battery                          cosmetic change is a change in
                                                  switches, routers and media servers,                    installations. Section 25.863 is                      appearance only, and does not change
                                                  wireless systems, internet and in-flight                applicable to areas of the airplane that              any function or safety characteristic of
                                                  entertainment systems, satellite                        could be exposed to flammable fluid                   the battery installation. These special
                                                  televisions, remotes, and handsets;                     leakage from airplane systems. Non-                   conditions are also not applicable to
                                                     • Systems in cargo areas including                   rechargeable lithium batteries contain                unchanged, previously certified non-
                                                  door controls, sensors, video                           an electrolyte that is a flammable fluid.             rechargeable lithium battery


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                                                  24834            Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Rules and Regulations

                                                  installations that are affected by a                    hazardous quantities within the                       appropriate safety standards for this
                                                  change in a manner that improves the                    airplane.                                             design feature. These special conditions
                                                  safety of its installation. The FAA                        4. Meet the requirements of § 25.863.              contain the additional safety standards
                                                  determined that these exclusions are in                    5. Not damage surrounding structure                that the Administrator considers
                                                  the public interest because the need to                 or adjacent systems, equipment, or                    necessary to establish a level of safety
                                                  meet all of the special conditions might                electrical wiring from corrosive fluids or            equivalent to that established by the
                                                  otherwise deter these design changes                    gases that may escape in such a way as                existing airworthiness standards.
                                                  that improve safety.                                    to cause a major or more severe failure               DATES: This action is effective on Airbus
                                                                                                          condition.                                            on May 31, 2017. We must receive your
                                                  Conclusion                                                 6. Have provisions to prevent any                  comments by July 17, 2017.
                                                    This action affects only a certain                    hazardous effect on airplane structure or
                                                                                                                                                                ADDRESSES: Send comments identified
                                                  novel or unusual design feature on one                  systems caused by the maximum
                                                                                                                                                                by docket number FAA–2017–0370
                                                  model of airplane. It is not a rule of                  amount of heat it can generate due to
                                                                                                                                                                using any of the following methods:
                                                  general applicability.                                  any failure of it or its individual cells.
                                                                                                                                                                   • Federal eRegulations Portal: Go to
                                                    The substance of these special                           7. Have a failure sensing and warning
                                                                                                                                                                http://www.regulations.gov/ and follow
                                                  conditions has been subjected to the                    system to alert the flightcrew if its
                                                                                                                                                                the online instructions for sending your
                                                  notice and comment period in prior                      failure affects safe operation of the
                                                                                                                                                                comments electronically.
                                                  instances and has been derived without                  airplane.
                                                                                                             8. Have a means for the flightcrew or                 • Mail: Send comments to Docket
                                                  substantive change from those                                                                                 Operations, M–30, U.S. Department of
                                                  previously issued. It is unlikely that                  maintenance personnel to determine the
                                                                                                          battery charge state if the battery’s                 Transportation (DOT), 1200 New Jersey
                                                  prior public comment would result in a                                                                        Avenue SE., Room W12–140, West
                                                  significant change from the substance                   function is required for safe operation of
                                                                                                          the airplane.                                         Building Ground Floor, Washington,
                                                  contained herein. Therefore, the FAA                                                                          DC, 20590–0001.
                                                  has determined that prior public notice                    Note: A battery system consists of the                • Hand Delivery or Courier: Take
                                                  and comment are unnecessary and                         battery and any protective, monitoring, and           comments to Docket Operations in
                                                  impracticable, and good cause exists for                alerting circuitry or hardware inside or              Room W12–140 of the West Building
                                                  adopting these special conditions upon                  outside of the battery. It also includes vents
                                                                                                          (where necessary) and packaging. For the
                                                                                                                                                                Ground Floor at 1200 New Jersey
                                                  publication in the Federal Register. The                                                                      Avenue SE., Washington, DC between 9
                                                                                                          purpose of these special conditions, a
                                                  FAA is requesting comments to allow                     ‘‘battery’’ and ‘‘battery system’’ are referred to    a.m. and 5 p.m., Monday through
                                                  interested persons to submit views that                 as a battery.                                         Friday, except Federal holidays.
                                                  may not have been submitted in                                                                                   • Fax: Fax comments to Docket
                                                  response to the prior opportunities for                   Issued in Renton, Washington, on May 23,            Operations at 202–493–2251.
                                                  comment described above.                                2017.                                                    Privacy: The FAA will post all
                                                  List of Subjects in 14 CFR Part 25
                                                                                                          Michael Kaszycki,                                     comments it receives, without change,
                                                                                                          Assistant Manager, Transport Airplane                 to http://www.regulations.gov/,
                                                    Aircraft, Aviation safety, Reporting                  Directorate, Aircraft Certification Service.          including any personal information the
                                                  and recordkeeping requirements.                         [FR Doc. 2017–11163 Filed 5–30–17; 8:45 am]           commenter provides. Using the search
                                                    The authority citation for these                      BILLING CODE 4910–13–P                                function of the docket Web site, anyone
                                                  special conditions is as follows:                                                                             can find and read the electronic form of
                                                    Authority: 49 U.S.C. 106(g), 40113, 44701,                                                                  all comments received into any FAA
                                                  44702, 44704.                                           DEPARTMENT OF TRANSPORTATION                          docket, including the name of the
                                                                                                                                                                individual sending the comment (or
                                                  The Special Conditions                                  Federal Aviation Administration                       signing the comment for an association,
                                                  ■ Accordingly, pursuant to the authority                                                                      business, labor union, etc.). DOT’s
                                                                                                          14 CFR Part 25                                        complete Privacy Act Statement can be
                                                  delegated to me by the Administrator,
                                                  the following special conditions are                    [Docket No. FAA–2017–0370; Special                    found in the Federal Register published
                                                  issued as part of the type certification                Conditions No. 25–683–SC]                             on April 11, 2000 (65 FR 19477–19478),
                                                  basis for the Boeing Model 777–300ER                                                                          as well as at http://DocketsInfo.dot.gov/
                                                  series airplanes.                                       Special Conditions: Airbus, Model                     .
                                                                                                          A350 Series Airplanes; Non-                              Docket: Background documents or
                                                  Non-Rechargeable Lithium Battery                        Rechargeable Lithium Battery                          comments received may be read at
                                                  Installations                                           Installations                                         http://www.regulations.gov/ at any time.
                                                     In lieu of § 25.1353(b)(1) through (4)                                                                     Follow the online instructions for
                                                                                                          AGENCY:  Federal Aviation
                                                  at Amendment 25–123 or § 25.1353(c)(1)                                                                        accessing the docket or go to Docket
                                                                                                          Administration (FAA), DOT.
                                                  through (4) at earlier amendments, each                                                                       Operations in Room W12–140 of the
                                                                                                          ACTION: Final special conditions; request
                                                  non-rechargeable lithium battery                                                                              West Building Ground Floor at 1200
                                                                                                          for comment.                                          New Jersey Avenue SE., Washington,
                                                  installation must:
                                                     1. Be designed to maintain safe cell                 SUMMARY:   These special conditions are               DC, between 9 a.m. and 5 p.m., Monday
                                                  temperatures and pressures under all                    issued for non-rechargeable lithium                   through Friday, except Federal holidays.
                                                  foreseeable operating conditions to                     battery installations on the Airbus                   FOR FURTHER INFORMATION CONTACT:
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                                                  prevent fire and explosion.                             Model A350 series airplanes. Non-                     Nazih Khaouly, Airplane and Flight
                                                     2. Be designed to prevent the                        rechargeable lithium batteries are a                  Crew Interface Branch, ANM–111,
                                                  occurrence of self-sustaining,                          novel or unusual design feature when                  Transport Airplane Directorate, Aircraft
                                                  uncontrollable increases in temperature                 compared to the state of technology                   Certification Service, 1601 Lind Avenue
                                                  or pressure.                                            envisioned in the airworthiness                       SW., Renton, Washington 98057–3356;
                                                     3. Not emit explosive or toxic gases,                standards for transport category                      telephone 425–227–2432; facsimile
                                                  either in normal operation or as a result               airplanes. The applicable airworthiness               425–227–1149.
                                                  of its failure, that may accumulate in                  regulations do not contain adequate or                SUPPLEMENTARY INFORMATION:



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Document Created: 2017-05-31 05:59:21
Document Modified: 2017-05-31 05:59:21
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 on May 31, 2017. We must receive your comments by July 17, 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 24831 
CFR AssociatedAircraft; Aviation Safety and Reporting and Recordkeeping Requirements

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