83_FR_2042 83 FR 2032 - Special Conditions: Dassault Aviation Model Falcon 5X Airplanes; Non-Rechargeable Lithium Battery Installations

83 FR 2032 - Special Conditions: Dassault Aviation Model Falcon 5X Airplanes; Non-Rechargeable Lithium Battery Installations

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 83, Issue 10 (January 16, 2018)

Page Range2032-2035
FR Document2018-00548

These special conditions are issued for non-rechargeable lithium battery installations on the Dassault Aviation (Dassault) Model Falcon 5X 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 83 Issue 10 (Tuesday, January 16, 2018) 
[Federal Register Volume 83, Number 10 (Tuesday, January 16, 2018)]
[Rules and Regulations]
[Pages 2032-2035]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-00548]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2017-1141; Special Conditions No. 25-710-SC]


Special Conditions: Dassault Aviation Model Falcon 5X Airplanes; 
Non-Rechargeable Lithium Battery Installations

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comment.

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SUMMARY: These special conditions are issued for non-rechargeable 
lithium battery installations on the Dassault Aviation (Dassault) Model 
Falcon 5X 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 Dassault Aviation on January 16, 
2018. Send your comments by March 2, 2018.

ADDRESSES: Send comments identified by docket number FAA-2017-1141 
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 website, anyone can find and read the electronic form of all 
comments received into any FAA

[[Page 2033]]

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).
    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 Section, AIR-671, Transport Standards Branch, Policy and 
Innovation Division, Aircraft Certification Service, 1601 Lind Avenue 
SW, Renton, Washington 98057-3356; telephone 425-227-2432; facsimile 
425-227-1149.

SUPPLEMENTARY INFORMATION: 

Future Requests for Installation of Non-Rechargeable Lithium Batteries

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

Comments Invited

    The substance of these special conditions previously has been 
published in the Federal Register for public comment. These special 
conditions have 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 finds that, for the same reason, 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

    On July 1, 2012, Dassault applied for a type certificate for a new 
Model Falcon 5X airplane. The Model Falcon 5X airplane is a twin 
engine, transport category airplane with a passenger seating capacity 
of 19 and a projected maximum takeoff weight of 66,635 pounds.
    The FAA is issuing these special conditions for non-rechargeable 
lithium battery installations on the Dassault Model Falcon 5X 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 21.17, Dassault must show that the 
Model Falcon 5X airplane meets the applicable provisions of part 25, as 
amended by Amendments 25-1 through 25-139.
    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 Dassault Model Falcon 5X 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, 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 Dassault Model Falcon 5X airplane 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.  21.17.

[[Page 2034]]

Novel or Unusual Design Feature

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

Discussion

    The FAA derived the current regulations governing installation of 
batteries in transport category airplanes from Civil Air Regulations 
(CAR) 4b.625(d) as part of the recodification of CAR 4b that 
established 14 CFR part 25 in February 1965. This recodification 
basically reworded the CAR 4b battery requirements, which are currently 
in Sec.  25.1353(b)(1) through (4). Non-rechargeable lithium batteries 
are novel and unusual with respect to the state of technology 
considered when these requirements were codified. These batteries 
introduce higher energy levels into airplane systems through new 
chemical compositions in various battery cell sizes and construction. 
Interconnection of these cells in battery packs introduces failure 
modes that require unique design considerations, such as provisions for 
thermal management.
    Recent events involving rechargeable and non-rechargeable lithium 
batteries prompted the FAA to initiate a broad evaluation of these 
energy storage technologies. In January 2013, two independent events 
involving rechargeable lithium-ion batteries revealed unanticipated 
failure modes. A National Transportation Safety Board (NTSB) letter to 
the FAA, dated May 22, 2014, which is available at http://www.ntsb.gov, 
filename A-14-032-036.pdf, describes these events.
    On July 12, 2013, an event involving a non-rechargeable lithium 
battery in an emergency locator transmitter installation demonstrated 
unanticipated failure modes. The United Kingdom's Air Accidents 
Investigation Branch Bulletin S5/2013 describes this event.
    Some known uses of rechargeable and non-rechargeable lithium 
batteries on airplanes include:
    [ssquf] 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;
    [ssquf] 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;
    [ssquf] 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:
    [ssquf] 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.
    [ssquf] 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.
    [ssquf] 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. Sections 25.1353(b)(1) through (4) at Amendment 25-
123 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 Dassault Model 
Falcon 5X airplane. Should Dassault 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

[[Page 2035]]

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.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and record keeping 
requirements.

    The authority citation for these special conditions is as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701, 44702, 44704.

The Special Conditions

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 Dassault Model Falcon 5X airplane.

Non-Rechargeable Lithium Battery Installations

    In lieu of Sec.  25.1353(b)(1) through (4) at Amendment 25-123, 
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 January 9, 2018.
Victor Wicklund,
Manager, Transport Standards Branch, Policy and Innovation Division, 
Aircraft Certification Service.
[FR Doc. 2018-00548 Filed 1-12-18; 8:45 am]
 BILLING CODE 4910-13-P

2032 Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Rules and Regulations U.S. Code citation CMP description New maximum amount (1) 12 U.S.C. 1782(a)(3) .................................... Inadvertent failure to submit a report or the in- $3,928. advertent submission of a false or mis- leading report. (2) 12 U.S.C. 1782(a)(3) .................................... Non-inadvertent failure to submit a report or $39,278. the non-inadvertent submission of a false or misleading report. (3) 12 U.S.C. 1782(a)(3) .................................... Failure to submit a report or the submission of $1,963,870 or 1 percent of the total assets of a false or misleading report done knowingly the credit union, whichever is less. or with reckless disregard. (4) 12 U.S.C. 1782(d)(2)(A) ................................ Tier 1 CMP for inadvertent failure to submit $3,591. certified statement of insured shares and charges due to NCUSIF, or inadvertent submission of false or misleading statement. (5) 12 U.S.C. 1782(d)(2)(B) ................................ Tier 2 CMP for non-inadvertent failure to sub- $35,904. mit certified statement or submission of false or misleading statement. (6) 12 U.S.C. 1782(d)(2)(C) ............................... Tier 3 CMP for failure to submit a certified $1,795,216 or 1 percent of the total assets of statement or the submission of a false or the credit union, whichever is less. misleading statement done knowingly or with reckless disregard. (7) 12 U.S.C. 1785(a)(3) .................................... Non-compliance with insurance logo require- $122. ments. (8) 12 U.S.C. 1785(e) (3) ................................... Non-compliance with NCUA security require- $285. ments. (9) 12 U.S.C. 1786(k)(2)(A) ................................ Tier 1 CMP for violations of law, regulation, $9,819. and other orders or agreements. (10) 12 U.S.C. 1786(k)(2)(A) .............................. Tier 2 CMP for violations of law, regulation, $49,096. and other orders or agreements and for recklessly engaging in unsafe or unsound practices or breaches of fiduciary duty. (11) 12 U.S.C. 1786(k)(2)(A) .............................. Tier 3 CMP for knowingly committing the vio- $1,963,870. lations under Tier 1 or 2 (natural person). (12) 12 U.S.C. 1786(k)(2)(A) .............................. Tier 3 CMP for knowingly committing the vio- $1,963,870 or 1 percent of the total assets of lations under Tier 1 or 2 (insured credit the credit union, whichever is less. union). (13) 12 U.S.C. 1786(w)(5)(ii) .............................. Non-compliance with senior examiner post- $323,027. employment restrictions. (14) 15 U.S.C. 1639e(k) ..................................... Non-compliance with appraisal independence First violation: $11,279. requirements. Subsequent violations: $22,556. (15) 42 U.S.C. 4012a(f)(5) ................................. Non-compliance with flood insurance require- $2,133. ments. (b) The adjusted amounts displayed in ACTION:Final special conditions; request • Federal eRegulations Portal: Go to paragraph (a) of this section apply to for comment. http://www.regulations.gov/ and follow civil monetary penalties that are the online instructions for sending your assessed after the date the increase takes SUMMARY: These special conditions are comments electronically. effect, including those whose associated issued for non-rechargeable lithium • Mail: Send comments to Docket violation or violations pre-dated the battery installations on the Dassault Operations, M–30, U.S. Department of increase and occurred after November 2, Aviation (Dassault) Model Falcon 5X Transportation (DOT), 1200 New Jersey 2015. airplane. Non-rechargeable lithium Avenue SE, Room W12–140, West batteries are a novel or unusual design Building Ground Floor, Washington, DC [FR Doc. 2018–00488 Filed 1–12–18; 8:45 am] feature when compared to the state of 20590–0001. BILLING CODE 7535–01–P technology envisioned in the • Hand Delivery or Courier: Take airworthiness standards for transport comments to Docket Operations in category airplanes. The applicable Room W12–140 of the West Building DEPARTMENT OF TRANSPORTATION airworthiness regulations do not contain Ground Floor at 1200 New Jersey adequate or appropriate safety standards Avenue SE, Washington, DC, between 9 Federal Aviation Administration for this design feature. These special a.m. and 5 p.m., Monday through conditions contain the additional safety Friday, except Federal holidays. 14 CFR Part 25 standards that the Administrator • Fax: Fax comments to Docket [Docket No. FAA–2017–1141; Special considers necessary to establish a level Operations at 202–493–2251. Conditions No. 25–710–SC] of safety equivalent to that established Privacy: The FAA will post all by the existing airworthiness standards. comments it receives, without change, daltland on DSKBBV9HB2PROD with RULES Special Conditions: Dassault Aviation DATES: This action is effective on to http://www.regulations.gov/, Model Falcon 5X Airplanes; Non- Dassault Aviation on January 16, 2018. including any personal information the Rechargeable Lithium Battery Send your comments by March 2, 2018. commenter provides. Using the search Installations ADDRESSES: Send comments identified function of the docket website, anyone AGENCY:Federal Aviation by docket number FAA–2017–1141 can find and read the electronic form of Administration (FAA), DOT. using any of the following methods: all comments received into any FAA VerDate Sep<11>2014 16:55 Jan 12, 2018 Jkt 244001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\16JAR1.SGM 16JAR1

Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Rules and Regulations 2033 docket, including the name of the Federal Register (81 FR 23573) interested people to take part in this individual sending the comment (or applicable to Gulfstream Aerospace rulemaking by sending written signing the comment for an association, Corporation for the GVI airplane. Those comments, data, or views. The most business, labor union, etc.). DOT’s were the first special conditions the helpful comments reference a specific complete Privacy Act Statement can be FAA issued for non-rechargeable portion of the special conditions, found in the Federal Register published lithium battery installations. We explain the reason for any on April 11, 2000 (65 FR 19477–19478). explained in that document our recommended change, and include Docket: Background documents or decision to make those special supporting data. comments received may be read at conditions effective one year after We will consider all comments we http://www.regulations.gov/ at any time. publication in the Federal Register, receive by the closing date for Follow the online instructions for which is April 22, 2017. In those special comments. We may change these special accessing the docket or go to Docket conditions, the FAA stated its intention conditions based on the comments we Operations in Room W12–140 of the to apply non-rechargeable lithium receive. West Building Ground Floor at 1200 battery special conditions to design changes on other makes and models Background New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday applied for after this same date. On July 1, 2012, Dassault applied for through Friday, except Federal holidays. Section 1205 of the FAA a type certificate for a new Model FOR FURTHER INFORMATION CONTACT: Reauthorization Act of 1996 requires the Falcon 5X airplane. The Model Falcon Nazih Khaouly, Airplane and Flight FAA to consider the extent to which 5X airplane is a twin engine, transport Crew Interface Section, AIR–671, Alaska is not served by transportation category airplane with a passenger Transport Standards Branch, Policy and modes other than aviation and to seating capacity of 19 and a projected Innovation Division, Aircraft establish appropriate regulatory maximum takeoff weight of 66,635 distinctions when modifying pounds. Certification Service, 1601 Lind Avenue airworthiness regulations that affect The FAA is issuing these special SW, Renton, Washington 98057–3356; intrastate aviation in Alaska. In conditions for non-rechargeable lithium telephone 425–227–2432; facsimile consideration of this requirement and battery installations on the Dassault 425–227–1149. the overall impact on safety, the FAA Model Falcon 5X airplane. The current SUPPLEMENTARY INFORMATION: does not intend to require non- battery requirements in title 14, Code of Future Requests for Installation of Non- rechargeable lithium battery special Federal Regulations (14 CFR) part 25 are Rechargeable Lithium Batteries conditions for design changes that only inadequate for addressing an airplane replace a 121.5 megahertz (MHz) with non-rechargeable lithium batteries. The FAA anticipates that non- emergency locator transmitter (ELT) rechargeable lithium batteries will be Type Certification Basis with a 406 MHz ELT that meets installed in most makes and models of Technical Standard Order C126b, or Under the provisions of 14 CFR 21.17, transport category airplanes. We intend later revision, on transport airplanes Dassault must show that the Model to require special conditions for operating only in Alaska. This will Falcon 5X airplane meets the applicable certification projects involving non- support our efforts of encouraging provisions of part 25, as amended by rechargeable lithium battery operators in Alaska to upgrade to a 406 Amendments 25–1 through 25–139. installations to address certain safety MHz ELT. These ELTs provide If the Administrator finds that the issues until we can revise the significantly improved accuracy for applicable airworthiness regulations airworthiness requirements. Applying lifesaving services to locate an accident (i.e., 14 CFR part 25) do not contain special conditions to these installations site in Alaskan terrain. The FAA adequate or appropriate safety standards across the range of transport category considers that the safety benefits from for the Dassault Model Falcon 5X airplanes will ensure regulatory upgrading to a 406 MHz ELT for airplane because of a novel or unusual consistency. Alaskan operations will outweigh the design feature, special conditions are Typically, the FAA issues special battery fire risk. prescribed under the provisions of conditions after receiving an application § 21.16. for type certificate approval of a novel Comments Invited Special conditions are initially or unusual design feature. However, the The substance of these special applicable to the airplane model for FAA has found that the presence of non- conditions previously has been which they are issued. Should the type rechargeable lithium batteries in published in the Federal Register for certificate for that model be amended certification projects is not always public comment. These special later to include any other model that immediately identifiable, since the conditions have been derived without incorporates the same novel or unusual battery itself may not be the focus of the substantive change from those design feature, these special conditions project. Meanwhile, the inclusion of previously issued. It is unlikely that would also apply to the other model these batteries has become virtually prior public comment would result in a under § 21.101. ubiquitous on in-production transport significant change from the substance In addition to the applicable category airplanes, which shows that contained herein. Therefore, the FAA airworthiness regulations and special there will be a need for these special has determined that prior public notice conditions, the Dassault Model Falcon conditions. Also, delaying the issuance and comment are unnecessary, and 5X airplane must comply with the fuel- of special conditions until after each finds that, for the same reason, good vent and exhaust-emission requirements design application is received could cause exists for adopting these special of 14 CFR part 34, and the noise- lead to costly certification delays. daltland on DSKBBV9HB2PROD with RULES conditions upon publication in the certification requirements of 14 CFR Therefore, the FAA finds it necessary to Federal Register. part 36. issue special conditions applicable to The FAA is requesting comments to The FAA issues special conditions, as these battery installations on particular allow interested persons to submit defined in 14 CFR 11.19, in accordance makes and models of aircraft. views that may not have been submitted with § 11.38, and they become part of On April 22, 2016, the FAA published in response to the prior opportunities the type certification basis under special conditions no. 25–612–SC in the for comment described above. We invite § 21.17. VerDate Sep<11>2014 16:55 Jan 12, 2018 Jkt 244001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\16JAR1.SGM 16JAR1

2034 Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Rules and Regulations Novel or Unusual Design Feature remote-monitor electronic line- intended to protect the airplane and its The novel or unusual design feature is replaceable units; occupants if failure occurs. the installation of non-rechargeable D Cabin safety, entertainment, and Special conditions 3, 7, and 8 are self- communications equipment, including explanatory. lithium batteries. Special condition no. 4 makes it clear For the purpose of these special emergency locator transmitters, life rafts, escape slides, seatbelt air bags, that the flammable fluid fire protection conditions, we refer to a battery and cabin management systems, Ethernet requirements of § 25.863 apply to non- battery system as a battery. A battery switches, routers and media servers, rechargeable lithium battery system consists of the battery and any wireless systems, internet and in-flight installations. Section 25.863 is protective, monitoring, and alerting entertainment systems, satellite applicable to areas of the airplane that circuitry or hardware inside or outside televisions, remotes, and handsets; could be exposed to flammable fluid of the battery. It also includes vents D Systems in cargo areas including leakage from airplane systems. Non- (where necessary) and packaging. door controls, sensors, video rechargeable lithium batteries contain Discussion surveillance equipment, and security an electrolyte that is a flammable fluid. systems. Special condition no. 5 requires that The FAA derived the current Some known potential hazards and each non-rechargeable lithium battery regulations governing installation of failure modes associated with non- installation not damage surrounding batteries in transport category airplanes rechargeable lithium batteries are: structure or adjacent systems, from Civil Air Regulations (CAR) D Internal failures: In general, these equipment, or electrical wiring from 4b.625(d) as part of the recodification of batteries are significantly more corrosive fluids or gases that may escape CAR 4b that established 14 CFR part 25 susceptible to internal failures that can in such a way as to cause a major or in February 1965. This recodification result in self-sustaining increases in more severe failure condition. basically reworded the CAR 4b battery While special condition no. 5 requirements, which are currently in temperature and pressure (i.e., thermal runaway) than their nickel-cadmium or addresses corrosive fluids and gases, § 25.1353(b)(1) through (4). Non- special condition no. 6 addresses heat. rechargeable lithium batteries are novel lead-acid counterparts. The metallic lithium can ignite, resulting in a self- Special condition no. 6 requires that and unusual with respect to the state of each non-rechargeable lithium battery technology considered when these sustaining fire or explosion. installation have provisions to prevent requirements were codified. These D Fast or imbalanced discharging: any hazardous effect on airplane batteries introduce higher energy levels Fast discharging or an imbalanced structure or systems caused by the into airplane systems through new discharge of one cell of a multi-cell maximum amount of heat the battery chemical compositions in various battery may create an overheating installation can generate due to any battery cell sizes and construction. condition that results in an failure of it or its individual cells. The Interconnection of these cells in battery uncontrollable venting condition, which means of meeting special conditions packs introduces failure modes that in turn leads to a thermal event or an nos. 5 and 6 may be the same, but the require unique design considerations, explosion. requirements are independent and such as provisions for thermal D Flammability: Unlike nickel- address different hazards. management. cadmium and lead-acid batteries, These special conditions apply to all Recent events involving rechargeable lithium batteries use higher energy and non-rechargeable lithium battery and non-rechargeable lithium batteries current in an electrochemical system installations in lieu of § 25.1353(b)(1) prompted the FAA to initiate a broad that can be configured to maximize through (4) at Amendment 25–123. evaluation of these energy storage energy storage of lithium. They also use Sections 25.1353(b)(1) through (4) at technologies. In January 2013, two liquid electrolytes that can be extremely Amendment 25–123 remain in effect for independent events involving flammable. The electrolyte, as well as other battery installations. rechargeable lithium-ion batteries the electrodes, can serve as a source of These special conditions contain the revealed unanticipated failure modes. A fuel for an external fire if the battery additional safety standards that the National Transportation Safety Board casing is breached. Administrator considers necessary to (NTSB) letter to the FAA, dated May 22, Special condition no. 1 of these establish a level of safety equivalent to 2014, which is available at http:// special conditions requires that each that established by the existing www.ntsb.gov, filename A–14–032– individual cell within a non- airworthiness standards. 036.pdf, describes these events. rechargeable lithium battery be designed On July 12, 2013, an event involving to maintain safe temperatures and Applicability a non-rechargeable lithium battery in an pressures. Special condition no. 2 These special conditions are emergency locator transmitter addresses these same issues but for the applicable to the Dassault Model Falcon installation demonstrated unanticipated entire battery. Special condition no. 2 5X airplane. Should Dassault apply at a failure modes. The United Kingdom’s requires the battery be designed to later date for a change to the type Air Accidents Investigation Branch prevent propagation of a thermal event, certificate to include another model Bulletin S5/2013 describes this event. such as self-sustained, uncontrollable incorporating the same novel or unusual Some known uses of rechargeable and increases in temperature or pressure design feature, these special conditions non-rechargeable lithium batteries on from one cell to adjacent cells. would apply to that model as well. airplanes include: Special conditions nos. 1 and 2 are These special conditions are only D Flight deck and avionics systems intended to ensure that the non- applicable to design changes applied for such as displays, global positioning rechargeable lithium battery and its daltland on DSKBBV9HB2PROD with RULES after the effective date. systems, cockpit voice recorders, flight cells are designed to eliminate the These special conditions are not data recorders, underwater locator potential for uncontrollable failures. applicable to changes to previously beacons, navigation computers, However, a certain number of failures certified non-rechargeable lithium integrated avionics computers, satellite will occur due to various factors beyond battery installations where the only network and communication systems, the control of the battery designer. change is either cosmetic or to relocate communication management units, and Therefore, other special conditions are the installation to improve the safety of VerDate Sep<11>2014 16:55 Jan 12, 2018 Jkt 244001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\16JAR1.SGM 16JAR1

Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Rules and Regulations 2035 the airplane and occupants. Previously gases that may escape in such a way as not contain adequate or appropriate certified non-rechargeable lithium to cause a major or more severe failure safety standards for this design feature. battery installations, as used in this condition. These special conditions contain the paragraph, are those installations 6. Have provisions to prevent any additional safety standards that the approved for certification projects hazardous effect on airplane structure or Administrator considers necessary to applied for on or before the effective systems caused by the maximum establish a level of safety equivalent to date of these special conditions. A amount of heat it can generate due to that established by the existing cosmetic change is a change in any failure of it or its individual cells. airworthiness standards. appearance only, and does not change 7. Have a failure sensing and warning DATES: This action is effective on Airbus any function or safety characteristic of system to alert the flightcrew if its on January 16, 2018. Send your the battery installation. These special failure affects safe operation of the comments by March 2, 2018. conditions are also not applicable to airplane. 8. Have a means for the flightcrew or ADDRESSES: Send comments identified unchanged, previously certified non- maintenance personnel to determine the by docket number FAA–2017–0482 rechargeable lithium battery battery charge state if the battery’s using any of the following methods: installations that are affected by a change in a manner that improves the function is required for safe operation of • Federal eRegulations Portal: Go to safety of its installation. The FAA the airplane. http://www.regulations.gov/and follow determined that these exclusions are in Note: A battery system consists of the the online instructions for sending your the public interest because the need to battery and any protective, monitoring, and comments electronically. meet all of the special conditions might alerting circuitry or hardware inside or • Mail: Send comments to Docket otherwise deter these design changes outside of the battery. It also includes vents Operations, M–30, U.S. Department of that improve safety. (where necessary) and packaging. For the Transportation (DOT), 1200 New Jersey purpose of these special conditions, a Avenue SE, Room W12–140, West Conclusion ‘‘battery’’ and ‘‘battery system’’ are referred to Building Ground Floor, Washington, DC as a battery. 20590–0001. This action affects only a certain novel or unusual design feature on one Issued in Renton, Washington, on January • Hand Delivery or Courier: Take model of airplane. It is not a rule of 9, 2018. comments to Docket Operations in general applicability. Victor Wicklund, Room W12–140 of the West Building Manager, Transport Standards Branch, Policy Ground Floor at 1200 New Jersey List of Subjects in 14 CFR Part 25 Avenue SE, Washington, DC, between 9 and Innovation Division, Aircraft Aircraft, Aviation safety, Reporting Certification Service. a.m. and 5 p.m., Monday through and record keeping requirements. [FR Doc. 2018–00548 Filed 1–12–18; 8:45 am] Friday, except Federal holidays. The authority citation for these BILLING CODE 4910–13–P • Fax: Fax comments to Docket special conditions is as follows: Operations at 202–493–2251. Authority: 49 U.S.C. 106(g), 40113, 44701, Privacy: The FAA will post all 44702, 44704. DEPARTMENT OF TRANSPORTATION comments it receives, without change, to http://www.regulations.gov/, The Special Conditions Federal Aviation Administration including any personal information the ■ Accordingly, pursuant to the authority commenter provides. Using the search 14 CFR Part 25 function of the docket website, anyone delegated to me by the Administrator, the following special conditions are [Docket No. FAA–2017–0482; Special can find and read the electronic form of issued as part of the type certification Conditions No. 25–709–SC] all comments received into any FAA basis for the Dassault Model Falcon 5X docket, including the name of the airplane. Special Conditions: Airbus Model individual sending the comment (or A330–841 and A330–941 New Engine signing the comment for an association, Non-Rechargeable Lithium Battery Option (A330neo) Airplanes; Use of business, labor union, etc.). DOT’s Installations High-Incidence Protection and Alpha- complete Privacy Act Statement can be In lieu of § 25.1353(b)(1) through (4) Floor Systems found in the Federal Register published at Amendment 25–123, each non- on April 11, 2000 (65 FR 19477–19478). AGENCY: Federal Aviation rechargeable lithium battery installation Docket: Background documents or Administration (FAA), DOT. must: comments received may be read at ACTION: Final special conditions; request 1. Be designed to maintain safe cell http://www.regulations.gov/ at any time. for comments. Follow the online instructions for temperatures and pressures under all foreseeable operating conditions to SUMMARY: These special conditions are accessing the docket or go to Docket prevent fire and explosion. issued for the Airbus Model A330–841 Operations in Room W12–140 of the 2. Be designed to prevent the and A330–941 New Engine Option West Building Ground Floor at 1200 occurrence of self-sustaining, (A330neo) airplanes. These airplanes New Jersey Avenue SE, Washington, uncontrollable increases in temperature will have a novel or unusual design DC, between 9 a.m. and 5 p.m., Monday or pressure. feature when compared to the state of through Friday, except Federal holidays. 3. Not emit explosive or toxic gases, technology envisioned in the FOR FURTHER INFORMATION CONTACT: Joe either in normal operation or as a result airworthiness standards for transport- Jacobsen, FAA, Airplane and Flight of its failure, that may accumulate in category airplanes. This design feature Crew Interface Section, AIR–671, daltland on DSKBBV9HB2PROD with RULES hazardous quantities within the is a high-incidence protection system Transport Standards Branch, Policy and airplane. that limits the angle of attack (AOA) at Innovation Division, Aircraft 4. Meet the requirements of § 25.863. which the airplane can be flown during Certification Service, 1601 Lind Avenue 5. Not damage surrounding structure normal low-speed operations, and that SW, Renton, Washington 98057–3356; or adjacent systems, equipment, or the flightcrew cannot override. The telephone 425–227–2011; facsimile electrical wiring from corrosive fluids or applicable airworthiness regulations do 425–227–1320. VerDate Sep<11>2014 16:55 Jan 12, 2018 Jkt 244001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\16JAR1.SGM 16JAR1


Document Created: 2018-01-13 02:02:54
Document Modified: 2018-01-13 02:02:54
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 Dassault Aviation on January 16, 2018. Send your comments by March 2, 2018.
ContactNazih Khaouly, Airplane and Flight Crew Interface Section, AIR-671, Transport Standards Branch, Policy and Innovation Division, Aircraft Certification Service, 1601 Lind Avenue SW, Renton, Washington 98057-3356; telephone 425-227-2432; facsimile 425-227-1149.
FR Citation83 FR 2032 
CFR AssociatedAircraft; Aviation Safety and Reporting and Record Keeping Requirements
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