82_FR_24943 82 FR 24840 - Special Conditions: Embraer S.A., Model ERJ 190-300 Airplane; Non-Rechargeable Lithium Battery Installations

82 FR 24840 - Special Conditions: Embraer S.A., Model ERJ 190-300 Airplane; Non-Rechargeable Lithium Battery Installations

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

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

Page Range24840-24843
FR Document2017-11159

These special conditions are issued for non-rechargeable lithium battery installations on the Embraer S.A. (Embraer) Model ERJ 190-300 airplane. Non-rechargeable lithium batteries are a novel or unusual design feature when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

Federal Register, Volume 82 Issue 103 (Wednesday, May 31, 2017)
[Federal Register Volume 82, Number 103 (Wednesday, May 31, 2017)]
[Rules and Regulations]
[Pages 24840-24843]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11159]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2017-0357; Special Conditions No. 25-685-SC]


Special Conditions: Embraer S.A., Model ERJ 190-300 Airplane; 
Non-Rechargeable Lithium Battery Installations

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comment.

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

SUMMARY: These special conditions are issued for non-rechargeable 
lithium battery installations on the Embraer S.A. (Embraer) Model ERJ 
190-300 airplane. Non-rechargeable lithium batteries are a novel or 
unusual design feature when compared to the state of technology 
envisioned in the airworthiness standards for transport category 
airplanes. The applicable airworthiness regulations do not contain 
adequate or appropriate safety standards for this design feature. These 
special conditions contain the additional safety standards that the 
Administrator considers necessary to establish a level of safety 
equivalent to that established by the existing airworthiness standards.

DATES: This action is effective on Embraer on May 31, 2017. We must 
receive your comments by July 17, 2017.

ADDRESSES: Send comments identified by docket number [FAA-2017-0357] 
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

[[Page 24841]]

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

    Embraer holds type certificate no. A57NM, which will be amended to 
provide the certification basis for the ERJ 190-300 airplane. The ERJ 
190-300 is a twin engine, transport category airplane with a passenger 
seating capacity of 112 and a wing design with a high aspect ratio and 
raked wingtip.
    The FAA is issuing these special conditions for non-rechargeable 
lithium battery installations on the ERJ 190-300 airplane. The current 
battery requirements in title 14, Code of Federal Regulations (14 CFR) 
part 25 are inadequate for addressing an airplane with non-rechargeable 
lithium batteries.

Type Certification Basis

    Under the provisions of 14 CFR 21.101, Embraer must show that the 
ERJ 190-300 airplane meets the applicable provisions of the regulations 
listed in type certificate no. A57NM 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 ERJ 190-300 airplane because of a 
novel or unusual design feature, special conditions are prescribed 
under the provisions of Sec.  21.16.
    Special conditions are initially applicable to the airplane model 
for which they are issued. Should the type certificate for that model 
be amended later to include any other model that incorporates the same 
novel or unusual design feature, or should any other model already 
included on the same type certificate be modified to incorporate the 
same novel or unusual design feature, these special conditions would 
also apply to the other model under Sec.  21.101.
    In addition to the applicable airworthiness regulations and special 
conditions, the ERJ 190-300 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

[[Page 24842]]

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 ERJ 190-300 
airplane. Should Embraer apply at a later date for a change to the type 
certificate to include another model incorporating the same novel or 
unusual design feature, these special conditions would apply to that 
model as well.
    These special conditions are only applicable to design changes 
applied for after the effective date.
    These special conditions are not applicable to changes to 
previously certified non-rechargeable lithium battery installations 
where the only change is either cosmetic or to relocate the 
installation to improve the safety of the airplane and occupants. 
Previously certified non-rechargeable lithium battery installations, as 
used in this paragraph, are those installations approved for 
certification projects applied for on or before the effective date of 
these special conditions. A cosmetic change is a change in appearance 
only, and does not change any function or safety characteristic of the 
battery installation. These special conditions are also not applicable 
to unchanged, previously certified non-rechargeable lithium battery 
installations that are affected by a change in a manner that improves 
the safety of its installation. The FAA determined that these 
exclusions are in the public interest because the need to meet all of 
the special conditions might otherwise deter these design changes that 
improve safety.

Conclusion

    This action affects only a certain novel or unusual design feature 
on one model of airplane. It is not a rule of general applicability.
    The substance of these special conditions has been subjected to the 
notice and comment period in prior

[[Page 24843]]

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 Embraer S.A. Model ERJ 190-300 
airplane.

Non-Rechargeable Lithium Battery Installations

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

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


    Issued in Renton, Washington, on May 23, 2017.
Michael Kaszycki,
Assistant Manager, Transport Airplane Directorate, Aircraft 
Certification Service.
[FR Doc. 2017-11159 Filed 5-30-17; 8:45 am]
 BILLING CODE 4910-13-P



                                                  24840            Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Rules and Regulations

                                                  model of airplane. It is not a rule of                  amount of heat it can generate due to                 ADDRESSES:   Send comments identified
                                                  general applicability.                                  any failure of it or its individual cells.            by docket number [FAA–2017–0357]
                                                    The substance of these special                           7. Have a failure sensing and warning              using any of the following methods:
                                                  conditions has been subjected to the                    system to alert the flightcrew if its                    • Federal eRegulations Portal: Go to
                                                  notice and comment period in prior                      failure affects safe operation of the                 http://www.regulations.gov/ and follow
                                                  instances and has been derived without                  airplane.                                             the online instructions for sending your
                                                  substantive change from those                              8. Have a means for the flightcrew or              comments electronically.
                                                  previously issued. It is unlikely that                  maintenance personnel to determine the                   • Mail: Send comments to Docket
                                                  prior public comment would result in a                  battery charge state if the battery’s                 Operations, M–30, U.S. Department of
                                                  significant change from the substance                   function is required for safe operation of            Transportation (DOT), 1200 New Jersey
                                                  contained herein. Therefore, the FAA                    the airplane.                                         Avenue SE., Room W12–140, West
                                                  has determined that prior public notice                                                                       Building Ground Floor, Washington, DC
                                                                                                             Note: A battery system consists of the
                                                  and comment are unnecessary and                         battery and any protective, monitoring, and           20590–0001.
                                                  impracticable, and good cause exists for                alerting circuitry or hardware inside or                 • Hand Delivery or Courier: Take
                                                  adopting these special conditions upon                  outside of the battery. It also includes vents        comments to Docket Operations in
                                                  publication in the Federal Register. The                (where necessary) and packaging. For the              Room W12–140 of the West Building
                                                  FAA is requesting comments to allow                     purpose of these special conditions, a                Ground Floor at 1200 New Jersey
                                                  interested persons to submit views that                 ‘‘battery’’ and ‘‘battery system’’ are referred to    Avenue SE., Washington, DC, between 9
                                                  may not have been submitted in                          as a battery.                                         a.m. and 5 p.m., Monday through
                                                  response to the prior opportunities for                                                                       Friday, except Federal holidays.
                                                                                                            Issued in Renton, Washington, on May 23,
                                                  comment described above.                                2017.                                                    • Fax: Fax comments to Docket
                                                                                                                                                                Operations at 202–493–2251.
                                                  List of Subjects in 14 CFR Part 25                      Michael Kaszycki,
                                                                                                                                                                   Privacy: The FAA will post all
                                                    Aircraft, Aviation safety, Reporting                  Assistant Manager, Transport Airplane                 comments it receives, without change,
                                                                                                          Directorate, Aircraft Certification Service.
                                                  and recordkeeping requirements.                                                                               to http://www.regulations.gov/,
                                                                                                          [FR Doc. 2017–11161 Filed 5–30–17; 8:45 am]
                                                    The authority citation for these                                                                            including any personal information the
                                                                                                          BILLING CODE 4910–13–P                                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,
                                                  44702, 44704.                                                                                                 can find and read the electronic form of
                                                                                                          DEPARTMENT OF TRANSPORTATION
                                                                                                                                                                all comments received into any FAA
                                                  The Special Conditions                                  Federal Aviation Administration                       docket, including the name of the
                                                    Accordingly, pursuant to the                                                                                individual sending the comment (or
                                                  authority delegated to me by the                        14 CFR Part 25                                        signing the comment for an association,
                                                  Administrator, the following special                                                                          business, labor union, etc.). DOT’s
                                                  conditions are issued as part of the type                                                                     complete Privacy Act Statement can be
                                                                                                          [Docket No. FAA–2017–0357; Special
                                                  certification basis for the Embraer S.A.                                                                      found in the Federal Register published
                                                                                                          Conditions No. 25–685–SC]
                                                  Model ERJ 170–200 LR airplane.                                                                                on April 11, 2000 (65 FR 19477–19478),
                                                                                                          Special Conditions: Embraer S.A.,                     as well as at http://DocketsInfo.dot
                                                  Non-Rechargeable Lithium Battery                                                                              .gov/.
                                                                                                          Model ERJ 190–300 Airplane; Non-
                                                  Installations                                                                                                    Docket: Background documents or
                                                                                                          Rechargeable Lithium Battery
                                                     In lieu of § 25.1353(b)(1) through (4)               Installations                                         comments received may be read at
                                                  at Amendment 25–123 or § 25.1353(c)(1)                                                                        http://www.regulations.gov/ at any time.
                                                  through (4) at earlier amendments, each                 AGENCY:  Federal Aviation                             Follow the online instructions for
                                                  non-rechargeable lithium battery                        Administration (FAA), DOT.                            accessing the docket or go to Docket
                                                  installation must:                                      ACTION: Final special conditions; request             Operations in Room W12–140 of the
                                                     1. Be required to maintain safe cell                 for comment.                                          West Building Ground Floor at 1200
                                                  temperatures and pressures under all                                                                          New Jersey Avenue SE., Washington,
                                                  foreseeable operating conditions to                     SUMMARY:   These special conditions are               DC, between 9 a.m. and 5 p.m., Monday
                                                  prevent fire and explosion.                             issued for non-rechargeable lithium                   through Friday, except Federal holidays.
                                                     2. Be required to prevent the                        battery installations on the Embraer S.A.             FOR FURTHER INFORMATION CONTACT:
                                                  occurrence of self-sustaining,                          (Embraer) Model ERJ 190–300 airplane.                 Nazih Khaouly, Airplane and Flight
                                                  uncontrollable increases in temperature                 Non-rechargeable lithium batteries are a              Crew Interface Branch, ANM–111,
                                                  or pressure.                                            novel or unusual design feature when                  Transport Airplane Directorate, Aircraft
                                                     3. Not emit explosive or toxic gases,                compared to the state of technology                   Certification Service, 1601 Lind Avenue
                                                  either in normal operation or as a result               envisioned in the airworthiness                       SW., Renton, Washington 98057–3356;
                                                  of its failure, that may accumulate in                  standards for transport category                      telephone 425–227–2432; facsimile
                                                  hazardous quantities within the                         airplanes. The applicable airworthiness               425–227–1149.
                                                  airplane.                                               regulations do not contain adequate or                SUPPLEMENTARY INFORMATION:
                                                     4. Meet the requirements of § 25.863.                appropriate safety standards for this
                                                     5. Not damage surrounding structure                  design feature. These special conditions              Future Requests for Installation of Non-
asabaliauskas on DSKBBXCHB2PROD with RULES




                                                  or adjacent systems, equipment, or                      contain the additional safety standards               Rechargeable Lithium Batteries
                                                  electrical wiring from corrosive fluids or              that the Administrator considers                         The FAA anticipates that non-
                                                  gases that may escape in such a way as                  necessary to establish a level of safety              rechargeable lithium batteries will be
                                                  to cause a major or more severe failure                 equivalent to that established by the                 installed in most makes and models of
                                                  condition.                                              existing airworthiness standards.                     transport category airplanes. We intend
                                                     6. Have provisions to prevent any                    DATES: This action is effective on                    to require special conditions for
                                                  hazardous effect on airplane structure or               Embraer on May 31, 2017. We must                      certification projects involving non-
                                                  systems caused by the maximum                           receive your comments by July 17, 2017.               rechargeable lithium battery


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                                                                   Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Rules and Regulations                                          24841

                                                  installations to address certain safety                 MHz ELT. These ELTs provide                           except for earlier amendments as agreed
                                                  issues until we can revise the                          significantly improved accuracy for                   upon by the FAA. In addition, the
                                                  airworthiness requirements. Applying                    lifesaving services to locate an accident             certification basis includes certain
                                                  special conditions to these installations               site in Alaskan terrain. The FAA                      special conditions, exemptions, or later
                                                  across the range of transport category                  considers that the safety benefits from               amended sections that are not relevant
                                                  airplanes will ensure regulatory                        upgrading to a 406 MHz ELT for                        to these special conditions.
                                                  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 ERJ 190–300 airplane because of
                                                  FAA has found that the presence of non-                 conditions has been subjected to the                  a novel or unusual design feature,
                                                  rechargeable lithium batteries in                       notice and comment period in prior                    special conditions are prescribed under
                                                  certification projects is not always                    instances and has been derived without                the provisions of § 21.16.
                                                  immediately identifiable, since the                     substantive change from those                            Special conditions are initially
                                                  battery itself may not be the focus of the              previously issued. It is unlikely that                applicable to the airplane model for
                                                  project. Meanwhile, the inclusion of                    prior public comment would result in a                which they are issued. Should the type
                                                  these batteries has become virtually                    significant change from the substance                 certificate for that model be amended
                                                  ubiquitous on in-production transport                   contained herein. Therefore, the FAA                  later to include any other model that
                                                  category airplanes, which shows that                    has determined that prior public notice               incorporates the same novel or unusual
                                                  there will be a need for these special                  and comment are unnecessary and                       design feature, or should any other
                                                  conditions. Also, delaying the issuance                 impracticable, and good cause exists for              model already included on the same
                                                  of special conditions until after each                  adopting these special conditions upon                type certificate be modified to
                                                  design application is received could                    publication in the Federal Register. The              incorporate the same novel or unusual
                                                  lead to costly certification delays.                    FAA is requesting comments to allow                   design feature, these special conditions
                                                  Therefore the FAA finds it necessary to                 interested persons to submit views that               would also apply to the other model
                                                  issue special conditions applicable to                  may not have been submitted in                        under § 21.101.
                                                  these battery installations on particular               response to the prior opportunities for                  In addition to the applicable
                                                  makes and models of aircraft.                           comment described above.                              airworthiness regulations and special
                                                     On April 22, 2016, the FAA published                   We invite interested people to take                 conditions, the ERJ 190–300 must
                                                  special conditions no. 25–612–SC in the                 part in this rulemaking by sending                    comply with the fuel vent and exhaust
                                                  Federal Register (81 FR 23573)                          written comments, data, or views. The                 emission requirements of 14 CFR part
                                                  applicable to Gulfstream Aerospace                      most helpful comments reference a                     34 and the noise certification
                                                  Corporation for the GVI airplane. Those                 specific portion of the special                       requirements of 14 CFR part 36.
                                                  were the first special conditions the                   conditions, explain the reason for any                   The FAA issues special conditions, as
                                                  FAA issued for non-rechargeable                         recommended change, and include                       defined in 14 CFR 11.19, in accordance
                                                  lithium battery installations. We                       supporting data.                                      with § 11.38, and they become part of
                                                  explained in that document our                            We will consider all comments we                    the type certification basis under
                                                  decision to make those special                          receive by the closing date for                       § 21.101.
                                                  conditions effective one year after                     comments. We may change these special
                                                  publication in the Federal Register,                                                                          Novel or Unusual Design Feature
                                                                                                          conditions based on the comments we
                                                  which is April 22, 2017. In those special               receive.                                                 The novel or unusual design feature is
                                                  conditions, the FAA stated its intention                                                                      the installation of non-rechargeable
                                                  to apply non-rechargeable lithium                       Background                                            lithium batteries.
                                                  battery special conditions to design                       Embraer holds type certificate no.                    For the purpose of these special
                                                  changes on other makes and models                       A57NM, which will be amended to                       conditions, we refer to a battery and
                                                  applied for after this same date.                       provide the certification basis for the               battery system as a battery. A battery
                                                     Section 1205 of the FAA                              ERJ 190–300 airplane. The ERJ 190–300                 system consists of the battery and any
                                                  Reauthorization Act of 1996 requires the                is a twin engine, transport category                  protective, monitoring, and alerting
                                                  FAA to consider the extent to which                     airplane with a passenger seating                     circuitry or hardware inside or outside
                                                  Alaska is not served by transportation                  capacity of 112 and a wing design with                of the battery. It also includes vents
                                                  modes other than aviation and to                        a high aspect ratio and raked wingtip.                (where necessary) and packaging.
                                                  establish appropriate regulatory                           The FAA is issuing these special
                                                  distinctions when modifying                                                                                   Discussion
                                                                                                          conditions for non-rechargeable lithium
                                                  airworthiness regulations that affect                   battery installations on the ERJ 190–300                 The FAA derived the current
                                                  intrastate aviation in Alaska. In                       airplane. The current battery                         regulations governing installation of
                                                  consideration of this requirement and                   requirements in title 14, Code of Federal             batteries in transport category airplanes
                                                  the overall impact on safety, the FAA                   Regulations (14 CFR) part 25 are                      from Civil Air Regulations (CAR)
                                                  does not intend to require non-                         inadequate for addressing an airplane                 4b.625(d) as part of the recodification of
                                                  rechargeable lithium battery special                    with non-rechargeable lithium batteries.              CAR 4b that established 14 CFR part 25
                                                  conditions for design changes that only                                                                       in February 1965. This recodification
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                                                  replace a 121.5 megahertz (MHz)                         Type Certification Basis                              basically reworded the CAR 4b battery
                                                  emergency locator transmitter (ELT)                       Under the provisions of 14 CFR                      requirements, which are currently in
                                                  with a 406 MHz ELT that meets                           21.101, Embraer must show that the ERJ                § 25.1353(b)(1) through (4). Non-
                                                  Technical Standard Order C126b, or                      190–300 airplane meets the applicable                 rechargeable lithium batteries are novel
                                                  later revision, on transport airplanes                  provisions of the regulations listed in               and unusual with respect to the state of
                                                  operating only in Alaska. This will                     type certificate no. A57NM or the                     technology considered when these
                                                  support our efforts of encouraging                      applicable regulations in effect on the               requirements were codified. These
                                                  operators in Alaska to upgrade to a 406                 date of application for the change,                   batteries introduce higher energy levels


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                                                  24842            Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Rules and Regulations

                                                  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
                                                                                                          to maintain safe temperatures and                     Applicability
                                                  036.pdf, describes these events.
                                                     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 ERJ 190–300 airplane.
                                                  emergency locator transmitter                           entire battery. Special condition no. 2               Should Embraer apply at a later date for
                                                  installation demonstrated unanticipated                 requires the battery be designed to                   a change to the type certificate to
                                                  failure modes. The United Kingdom’s                     prevent propagation of a thermal event,               include another model incorporating the
                                                  Air Accidents Investigation Branch                      such as self-sustained, uncontrollable                same novel or unusual design feature,
                                                  Bulletin S5/2013 describes this event.                  increases in temperature or pressure                  these special conditions would apply to
                                                     Some known uses of rechargeable and                  from one cell to adjacent cells.                      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
                                                  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
                                                  surveillance equipment, and security                       Special condition no. 5 requires that              installations that are affected by a
                                                  systems.                                                each non-rechargeable lithium battery                 change in a manner that improves the
                                                     Some known potential hazards and                     installation not damage surrounding                   safety of its installation. The FAA
                                                  failure modes associated with non-                      structure or adjacent systems,                        determined that these exclusions are in
                                                  rechargeable lithium batteries are:                     equipment, or electrical wiring from                  the public interest because the need to
                                                     • Internal failures: In general, these               corrosive fluids or gases that may escape             meet all of the special conditions might
                                                  batteries are significantly more                        in such a way as to cause a major or                  otherwise deter these design changes
                                                  susceptible to internal failures that can               more severe failure condition.                        that improve safety.
                                                  result in self-sustaining increases in                     While special condition no. 5
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                                                  temperature and pressure (i.e., thermal                 addresses corrosive fluids and gases,                 Conclusion
                                                  runaway) than their nickel-cadmium or                   special condition no. 6 addresses heat.                 This action affects only a certain
                                                  lead-acid counterparts. The metallic                    Special condition no. 6 requires that                 novel or unusual design feature on one
                                                  lithium can ignite, resulting in a self-                each non-rechargeable lithium battery                 model of airplane. It is not a rule of
                                                  sustaining fire or explosion.                           installation have provisions to prevent               general applicability.
                                                     • Fast or imbalanced discharging:                    any hazardous effect on airplane                        The substance of these special
                                                  Fast discharging or an imbalanced                       structure or systems caused by the                    conditions has been subjected to the
                                                  discharge of one cell of a multi-cell                   maximum amount of heat the battery                    notice and comment period in prior


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                                                                   Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Rules and Regulations                                                24843

                                                  instances and has been derived without                    8. Have a means for the flightcrew or               Background
                                                  substantive change from those                           maintenance personnel to determine the                  On November 9, 2016, the FAA
                                                  previously issued. It is unlikely that                  battery charge state if the battery’s                 published a final special condition
                                                  prior public comment would result in a                  function is required for safe operation of            entitled ‘‘Special Condition: Bell
                                                  significant change from the substance                   the airplane.                                         Helicopter Textron, Inc. (BHTI), Model
                                                  contained herein. Therefore, the FAA                       Note: A battery system consists of the             525 Helicopters; Crew Alerting System
                                                  has determined that prior public notice                 battery and any protective, monitoring, and           (CAS).’’ 81 FR 78707. In that final
                                                  and comment are unnecessary and                         alerting circuitry or hardware inside or              special condition, the FAA
                                                  impracticable, and good cause exists for                outside of the battery. It also includes vents        inadvertently used the incorrect format
                                                  adopting these special conditions upon                  (where necessary) and packaging. For the
                                                                                                                                                                for the notice number in the header
                                                  publication in the Federal Register. The                purpose of these special conditions, a
                                                                                                          ‘‘battery’’ and ‘‘battery system’’ are referred to    information of the special condition as
                                                  FAA is requesting comments to allow                                                                           29–039–SW–SC. The correct notice
                                                  interested persons to submit views that                 as a battery.
                                                                                                                                                                number is 29–039–SC.
                                                  may not have been submitted in                            Issued in Renton, Washington, on May 23,
                                                  response to the prior opportunities for                 2017.                                                 Correction
                                                  comment described above.                                Michael Kaszycki,                                       In the final special condition, FR Doc.
                                                  List of Subjects in 14 CFR Part 25                      Assistant Manager, Transport Airplane                 2019–27088, published on November 9,
                                                                                                          Directorate, Aircraft Certification Service.          2016 at 81 FR 78707 make the following
                                                    Aircraft, Aviation safety, Reporting                                                                        correction:
                                                                                                          [FR Doc. 2017–11159 Filed 5–30–17; 8:45 am]
                                                  and recordkeeping requirements.                                                                                 1. On page 78707, in column one, in
                                                                                                          BILLING CODE 4910–13–P
                                                    The authority citation for these                                                                            the heading of the final special
                                                  special conditions is as follows:                                                                             condition, revise ‘‘Notice No. 29–039–
                                                    Authority: 49 U.S.C. 106(g), 40113, 44701,            DEPARTMENT OF TRANSPORTATION                          SW–SC’’ to read as ‘‘Notice No. 29–039–
                                                  44702, 44704.                                                                                                 SC’’.
                                                                                                          Federal Aviation Administration                         Issued in Fort Worth, Texas, on May 19,
                                                  The Special Conditions
                                                                                                                                                                2017.
                                                    Accordingly, pursuant to the                          14 CFR Part 29                                        Lance Gant,
                                                  authority delegated to me by the
                                                                                                                                                                Manager, Rotorcraft Directorate, Aircraft
                                                  Administrator, the following special                    [Docket No. FAA–2016–6940; Notice No. 29–             Certification Service.
                                                  conditions are issued as part of the type               039–SC]                                               [FR Doc. 2017–11070 Filed 5–30–17; 8:45 am]
                                                  certification basis for the Embraer S.A.
                                                                                                                                                                BILLING CODE 4910–13–P
                                                  Model ERJ 190–300 airplane.                             Special Conditions: Bell Helicopter
                                                  Non-Rechargeable Lithium Battery                        Textron, Inc. (BHTI), Model 525
                                                  Installations                                           Helicopters; Crew Alerting System                     DEPARTMENT OF TRANSPORTATION
                                                                                                          (CAS)
                                                     In lieu of § 25.1353(b)(1) through (4)
                                                                                                                                                                Federal Aviation Administration
                                                  at Amendment 25–123 or § 25.1353(c)(1)                  AGENCY:Federal Aviation
                                                  through (4) at earlier amendments, each                 Administration, DOT.                                  14 CFR Part 39
                                                  non-rechargeable lithium battery
                                                  installation must:                                      ACTION: Final special conditions;                     [Docket No. FAA–2017–0506; Directorate
                                                     1. Be designed to maintain safe cell                 correction.                                           Identifier 2017–CE–019–AD; Amendment
                                                  temperatures and pressures under all                                                                          39–18907; AD 2017–11–08]
                                                  foreseeable operating conditions to                     SUMMARY:   The FAA is correcting the                  RIN 2120–AA64
                                                  prevent fire and explosion.                             special condition published on
                                                     2. Be designed to prevent the                        November 9, 2016 which became                         Airworthiness Directives; Diamond
                                                  occurrence of self-sustaining,                          effective on December 9, 2016 for the                 Aircraft Industries GmbH Airplanes
                                                  uncontrollable increases in temperature                 BHTI Model 525 helicopter. This
                                                  or pressure.                                            helicopter has a novel or unusual design              AGENCY:  Federal Aviation
                                                     3. Not emit explosive or toxic gases,                feature associated with the electronic                Administration (FAA), DOT.
                                                  either in normal operation or as a result               CAS. The applicable airworthiness                     ACTION: Final rule; request for comments
                                                  of its failure, that may accumulate in                  regulations do not contain adequate or
                                                                                                          appropriate safety standards for this                 SUMMARY:   We are adopting a new
                                                  hazardous quantities within the
                                                                                                          design feature. The special conditions                airworthiness directive (AD) for
                                                  airplane.
                                                     4. Meet the requirements of § 25.863.                contain the additional safety standards               Diamond Aircraft Industries GmbH
                                                     5. Not damage surrounding structure                  that the Administrator considers                      Model DA 42 airplanes. This AD results
                                                  or adjacent systems, equipment, or                      necessary to establish a level of safety              from mandatory continuing
                                                  electrical wiring from corrosive fluids or              equivalent to that established by the                 airworthiness information (MCAI)
                                                  gases that may escape in such a way as                  existing airworthiness standards.                     issued by the aviation authority of
                                                  to cause a major or more severe failure                                                                       another country to identify and correct
                                                  condition.                                              DATES:   Effective Date: May 31, 2017.                an unsafe condition on an aviation
                                                     6. Have provisions to prevent any                    FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                product. The MCAI describes the unsafe
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                                                  hazardous effect on airplane structure or               George Harrum, Aviation Safety                        condition as failure of the propeller
                                                  systems caused by the maximum                           Engineer, Regulations and Policy Group,               regulating valve caused by hot exhaust
                                                  amount of heat it can generate due to                   Rotorcraft Directorate, FAA, 10101                    gases coming from fractured engine
                                                  any failure of it or its individual cells.              Hillwood Pkwy, Fort Worth, TX 76177;                  exhaust pipes. We are issuing this AD
                                                     7. Have a failure sensing and warning                telephone (817) 222–5110; email                       to require actions to address the unsafe
                                                  system to alert the flightcrew if its                   George.Harrum@faa.gov.                                condition on these products.
                                                  failure affects safe operation of the                                                                         DATES: This AD is effective May 31,
                                                  airplane.                                               SUPPLEMENTARY INFORMATION:                            2017.


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Document Created: 2017-05-31 05:59:18
Document Modified: 2017-05-31 05:59:18
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal special conditions; request for comment.
DatesThis action is effective on Embraer on May 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 24840 
CFR AssociatedAircraft; Aviation Safety and Reporting and Recordkeeping Requirements

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