83_FR_2538 83 FR 2526 - Special Conditions: Dassault Aviation, Model Falcon 7X Airplane; Non-Rechargeable Lithium Battery Installations

83 FR 2526 - Special Conditions: Dassault Aviation, Model Falcon 7X Airplane; Non-Rechargeable Lithium Battery Installations

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 83, Issue 12 (January 18, 2018)

Page Range2526-2529
FR Document2018-00716

These special conditions are issued for non-rechargeable lithium battery installations on the Dassault Aviation (Dassault) Model Falcon 7X 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 12 (Thursday, January 18, 2018)
[Federal Register Volume 83, Number 12 (Thursday, January 18, 2018)]
[Rules and Regulations]
[Pages 2526-2529]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-00716]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2017-1140; Special Conditions No. 25-711-SC]


Special Conditions: Dassault Aviation, Model Falcon 7X 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 Dassault Aviation (Dassault) Model 
Falcon 7X 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 18, 
2018. Send your comments by March 5, 2018.

ADDRESSES: Send comments identified by docket number FAA-2017-1140 
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 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,

[[Page 2527]]

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

    Dassault holds type certificate no. A59NM, which provides the 
certification basis for the Model Falcon 7X airplane. The Dassault 
Model Falcon 7X airplane is a twin engine, transport category airplane 
with a passenger seating capacity of 19 and a maximum takeoff weight of 
70,000 to 73,000 pounds, depending on the specific design.
    The FAA is issuing these special conditions for non-rechargeable 
lithium battery installations on the Dassault Model Falcon 7X 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, Dassault must show that the 
Model Falcon 7X airplane meets the applicable provisions of the 
regulations listed in type certificate no. A59NM 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 Dassault Model Falcon 7X 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 Dassault Model Falcon 7X 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.  21.101.

[[Page 2528]]

Novel or Unusual Design Feature

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

Discussion

    The FAA derived the current regulations governing installation of 
batteries in transport category airplanes from Civil Air Regulations 
(CAR) 4b.625(d) as part of the recodification of CAR 4b that 
established 14 CFR part 25 in February 1965. This recodification 
basically reworded the CAR 4b battery requirements, which are currently 
in Sec.  25.1353(b)(1) through (4). Non-rechargeable lithium batteries 
are novel and unusual with respect to the state of technology 
considered when these requirements were codified. These batteries 
introduce higher energy levels into airplane systems through new 
chemical compositions in various battery cell sizes and construction. 
Interconnection of these cells in battery packs introduces failure 
modes that require unique design considerations, such as provisions for 
thermal management.
    Recent events involving rechargeable and non-rechargeable lithium 
batteries prompted the FAA to initiate a broad evaluation of these 
energy storage technologies. In January 2013, two independent events 
involving rechargeable lithium-ion batteries revealed unanticipated 
failure modes. A National Transportation Safety Board (NTSB) letter to 
the FAA, dated May 22, 2014, which is available at http://www.ntsb.gov, 
filename A-14-032-036.pdf, describes these events.
    On July 12, 2013, an event involving a non-rechargeable lithium 
battery in an emergency locator transmitter installation demonstrated 
unanticipated failure modes. The United Kingdom's Air Accidents 
Investigation Branch Bulletin S5/2013 describes this event.
    Some known uses of rechargeable and non-rechargeable lithium 
batteries on airplanes include:
     Flight deck and avionics systems such as displays, global 
positioning systems, cockpit voice recorders, flight data recorders, 
underwater locator beacons, navigation computers, integrated avionics 
computers, satellite network and communication systems, communication 
management units, and remote-monitor electronic line-replaceable units;
     Cabin safety, entertainment, and communications equipment, 
including emergency locator transmitters, life rafts, escape slides, 
seatbelt air bags, cabin management systems, Ethernet switches, routers 
and media servers, wireless systems, internet and in-flight 
entertainment systems, satellite televisions, remotes, and handsets;
     Systems in cargo areas including door controls, sensors, 
video surveillance equipment, and security systems.
    Some known potential hazards and failure modes associated with non-
rechargeable lithium batteries are:
     Internal failures: In general, these batteries are 
significantly more susceptible to internal failures that can result in 
self-sustaining increases in temperature and pressure (i.e., thermal 
runaway) than their nickel-cadmium or lead-acid counterparts. The 
metallic lithium can ignite, resulting in a self-sustaining fire or 
explosion.
     Fast or imbalanced discharging: Fast discharging or an 
imbalanced discharge of one cell of a multi-cell battery may create an 
overheating condition that results in an uncontrollable venting 
condition, which in turn leads to a thermal event or an explosion.
     Flammability: Unlike nickel-cadmium and lead-acid 
batteries, lithium batteries use higher energy and current in an 
electrochemical system that can be configured to maximize energy 
storage of lithium. They also use liquid electrolytes that can be 
extremely flammable. The electrolyte, as well as the electrodes, can 
serve as a source of fuel for an external fire if the battery casing is 
breached.
    Special condition no. 1 of these special conditions requires that 
each individual cell within a non-rechargeable lithium battery be 
designed to maintain safe temperatures and pressures. Special condition 
no. 2 addresses these same issues but for the entire battery. Special 
condition no. 2 requires the battery be designed to prevent propagation 
of a thermal event, such as self-sustained, uncontrollable increases in 
temperature or pressure from one cell to adjacent cells.
    Special conditions nos. 1 and 2 are intended to ensure that the 
non-rechargeable lithium battery and its cells are designed to 
eliminate the potential for uncontrollable failures. However, a certain 
number of failures will occur due to various factors beyond the control 
of the battery designer. Therefore, other special conditions are 
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 Dassault Model 
Falcon 7X 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 2529]]

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 certain a 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

    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 7X 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 January 9, 2018.
Victor Wicklund,
Manager, Transport Standards Branch, Policy and Innovation Division, 
Aircraft Certification Service.
[FR Doc. 2018-00716 Filed 1-17-18; 8:45 am]
 BILLING CODE 4910-13-P



                                              2526             Federal Register / Vol. 83, No. 12 / Thursday, January 18, 2018 / Rules and Regulations

                                              exists to make this rule effective upon                 Appendix II, ‘‘Check Valve Condition                   ACTION:Final special conditions; request
                                              publication of this notice.                             Monitoring Program,’’ of the ASME OM                   for comment.
                                                                                                      Code, 1995 Edition with the 1996 and
                                              List of Subjects in 10 CFR Part 50                                                                             SUMMARY:      These special conditions are
                                                                                                      1997 Addenda, shall satisfy the
                                                Administrative practice and                           requirements of paragraphs (b)(3)(iv)(A)                  issued for non-rechargeable lithium
                                              procedure, Antitrust, Classified                        through (C) of this section. Licensees                    battery installations on the Dassault
                                              information, Criminal penalties,                        applying Appendix II, 1998 Edition                        Aviation (Dassault) Model Falcon 7X
                                              Education, Fire prevention, Fire                        through the 2002 Addenda, shall satisfy                   airplane. Non-rechargeable lithium
                                              protection, Incorporation by reference,                 the requirements of paragraphs                            batteries are a novel or unusual design
                                              Intergovernmental relations, Nuclear                    (b)(3)(iv)(A), (B), and (D) of this section.              feature when compared to the state of
                                              power plants and reactors, Penalties,                   Appendix II of the ASME OM Code,                          technology envisioned in the
                                              Radiation protection, Reactor siting                                                                              airworthiness standards for transport
                                                                                                      2003 Addenda through the 2012
                                              criteria, Reporting and recordkeeping                                                                             category airplanes. The applicable
                                                                                                      Edition, is acceptable for use with the
                                              requirements, Whistleblowing.                                                                                     airworthiness regulations do not contain
                                                                                                      following requirements. Trending and
                                                For the reasons set out in the                                                                                  adequate or appropriate safety standards
                                                                                                      evaluation shall support the
                                              preamble and under the authority of the                                                                           for this design feature. These special
                                                                                                      determination that the valve or group of
                                              Atomic Energy Act of 1954, as amended;                                                                            conditions contain the additional safety
                                                                                                      valves is capable of performing its
                                              the Energy Reorganization Act of 1974,                                                                            standards that the Administrator
                                                                                                      intended function(s) over the entire
                                                                                                                                                                considers necessary to establish a level
                                              as amended; and 5 U.S.C. 552 and 553,                   interval. At least one of the Appendix II
                                                                                                                                                                of safety equivalent to that established
                                              the NRC is adopting the following                       condition monitoring activities for a
                                                                                                                                                                by the existing airworthiness standards.
                                              amendments to 10 CFR part 50:                           valve group shall be performed on each
                                                                                                                                                                DATES: This action is effective on
                                                                                                      valve of the group at approximate equal
                                              PART 50—DOMESTIC LICENSING OF                           intervals not to exceed the maximum                       Dassault Aviation on January 18, 2018.
                                              PRODUCTION AND UTILIZATION                              interval shown in the following table:                    Send your comments by March 5, 2018.
                                              FACILITIES                                                                                                        ADDRESSES: Send comments identified

                                              ■ 1. The authority citation for part 50
                                                                                                         TABLE II—MAXIMUM INTERVALS FOR by docket number FAA–2017–1140
                                                                                                         USE WHEN APPLYING INTERVAL EX- using any of the following methods:
                                              continues to read as follows:                                                                                        • Federal eRegulations Portal: Go to
                                                                                                         TENSIONS
                                                Authority: Atomic Energy Act of 1954,                                                                           http://www.regulations.gov/ and follow
                                              secs. 11, 101, 102, 103, 104, 105, 108, 122,                                                                      the online instructions for sending your
                                                                                                                                                  Maximum
                                              147, 149, 161, 181, 182, 183, 184, 185, 186,                       Maximum interval                   interval    comments electronically.
                                              187, 189, 223, 234 (42 U.S.C. 2014, 2131,                          between       activities          between         • Mail: Send comments to Docket
                                              2132, 2133, 2134, 2135, 2138, 2152, 2167,                Group
                                                                                                        size     of member valves                activities of  Operations, M–30, U.S. Department of
                                              2169, 2201, 2231, 2232, 2233, 2234, 2235,                             in the groups               each valve in   Transportation (DOT), 1200 New Jersey
                                              2236, 2237, 2239, 2273, 2282); Energy                                      (years)                  the group
                                              Reorganization Act of 1974, secs. 201, 202,                                                           (years)     Avenue SE, Room W12–140, West
                                              206, 211 (42 U.S.C. 5841, 5842, 5846, 5851);                                                                      Building Ground Floor, Washington, DC
                                              Nuclear Waste Policy Act of 1982, sec. 306              ≥4 ..... 4.5 ..........................                16 20590–0001.
                                              (42 U.S.C. 10226); National Environmental               3 ....... 4.5 ..........................               12    • Hand Delivery or Courier: Take
                                              Policy Act of 1969 (42 U.S.C. 4332); 44 U.S.C.          2 ....... 6 .............................              12 comments to Docket Operations in
                                              3504 note; Sec. 109, Pub. L. 96–295, 94 Stat.           1 ....... Not applicable ........                      10 Room W12–140 of the West Building
                                              783.                                                                                                              Ground Floor at 1200 New Jersey
                                                                                                      *       *     *         *         *                       Avenue SE, Washington, DC, between 9
                                              ■ 2. Amend § 50.55a by revising
                                              paragraph (b)(2)(xviii)(D) and the                         Dated at Rockville, Maryland, this 10th day a.m. and 5 p.m., Monday through
                                              introductory text of paragraph (b)(3)(iv)               of January, 2018.                                         Friday, except Federal holidays.
                                              to read as follows:                                        For the Nuclear Regulatory Commission.                    • Fax: Fax comments to Docket
                                                                                                      Cindy Bladey,                                             Operations at 202–493–2251.
                                              § 50.55a   Codes and standards.
                                                                                                      Chief, Regulatory Analysis and Rulemaking
                                                                                                                                                                   Privacy: The FAA will post all
                                              *     *     *     *    *                                Support Branch, Division of Rulemaking,                   comments    it receives, without change,
                                                (b) * * *                                             Office of Nuclear Material Safety and                     to http://www.regulations.gov/,
                                                (2) * * *                                             Safeguards.                                               including any personal information the
                                                (xviii) * * *                                         [FR Doc. 2018–00708 Filed 1–17–18; 8:45 am]               commenter provides. Using the search
                                                (D) NDE personnel certification:                                                                                function of the docket website, anyone
                                                                                                      BILLING CODE 7590–01–P
                                              Fourth provision. The use of Appendix                                                                             can find and read the electronic form of
                                              VII, Table VII–4110–1 and Appendix                                                                                all comments received into any FAA
                                              VIII, Subarticle VIII–2200 of the 2011
                                                                                                      DEPARTMENT OF TRANSPORTATION docket, including the name of the
                                              Addenda and 2013 Edition of Section XI                                                                            individual sending the comment (or
                                              of the ASME BPV Code is prohibited.                     Federal Aviation Administration                           signing the comment for an association,
                                              When using ASME BPV Code, Section                                                                                 business, labor union, etc.). DOT’s
                                              XI editions and addenda later than the                  14 CFR Part 25                                            complete Privacy Act Statement can be
                                              2010 Edition, licensees and applicants                                                                            found in the Federal Register published
                                              must use the prerequisites for ultrasonic               [Docket No. FAA–2017–1140; Special                        on April 11, 2000 (65 FR 19477–19478).
                                              examination personnel certifications in                 Conditions No. 25–711–SC]                                    Docket: Background documents or
sradovich on DSK3GMQ082PROD with RULES




                                              Appendix VII, Table VII–4110–1 and
                                                                                                      Special Conditions: Dassault Aviation, comments received may be read at
                                              Appendix VIII, Subarticle VIII–2200 in                                                                            http://www.regulations.gov/ at any time.
                                                                                                      Model Falcon 7X Airplane; Non-
                                              the 2010 Edition.                                                                                                 Follow the online instructions for
                                                                                                      Rechargeable Lithium Battery
                                              *     *     *     *    *                                Installations                                             accessing the docket or go to Docket
                                                (3) * * *                                                                                                       Operations in Room W12–140 of the
                                                (iv) OM condition: Check valves                       AGENCY: Federal Aviation                                  West Building Ground Floor at 1200
                                              (Appendix II). Licensees applying                       Administration (FAA), DOT.                                New Jersey Avenue SE, Washington,


                                         VerDate Sep<11>2014   15:51 Jan 17, 2018   Jkt 244001   PO 00000   Frm 00002   Fmt 4700   Sfmt 4700   E:\FR\FM\18JAR1.SGM   18JAR1


                                                               Federal Register / Vol. 83, No. 12 / Thursday, January 18, 2018 / Rules and Regulations                                          2527

                                              DC, between 9 a.m. and 5 p.m., Monday                   changes on other makes and models                      Background
                                              through Friday, except Federal holidays.                applied for after this same date.                        Dassault holds type certificate no.
                                              FOR FURTHER INFORMATION CONTACT:                           Section 1205 of the FAA                             A59NM, which provides the
                                              Nazih Khaouly, Airplane and Flight                      Reauthorization Act of 1996 requires the               certification basis for the Model Falcon
                                              Crew Interface Section, AIR–671,                        FAA to consider the extent to which                    7X airplane. The Dassault Model Falcon
                                              Transport Standards Branch, Policy and                  Alaska is not served by transportation                 7X airplane is a twin engine, transport
                                              Innovation Division, Aircraft                           modes other than aviation and to                       category airplane with a passenger
                                              Certification Service, 1601 Lind Avenue                 establish appropriate regulatory                       seating capacity of 19 and a maximum
                                              SW, Renton, Washington 98057–3356;                      distinctions when modifying                            takeoff weight of 70,000 to 73,000
                                              telephone 425–227–2432; facsimile                       airworthiness regulations that affect                  pounds, depending on the specific
                                              425–227–1149.                                           intrastate aviation in Alaska. In                      design.
                                                                                                      consideration of this requirement and                    The FAA is issuing these special
                                              SUPPLEMENTARY INFORMATION:                              the overall impact on safety, the FAA                  conditions for non-rechargeable lithium
                                              Future Requests for Installation of Non-                does not intend to require non-                        battery installations on the Dassault
                                              Rechargeable Lithium Batteries                          rechargeable lithium battery special                   Model Falcon 7X airplane. The current
                                                                                                      conditions for design changes that only                battery requirements in title 14, Code of
                                                 The FAA anticipates that non-                        replace a 121.5 megahertz (MHz)                        Federal Regulations (14 CFR) part 25 are
                                              rechargeable lithium batteries will be                  emergency locator transmitter (ELT)                    inadequate for addressing an airplane
                                              installed in most makes and models of                   with a 406 MHz ELT that meets                          with non-rechargeable lithium batteries.
                                              transport category airplanes. We intend                 Technical Standard Order C126b, or
                                              to require special conditions for                                                                              Type Certification Basis
                                                                                                      later revision, on transport airplanes
                                              certification projects involving non-                   operating only in Alaska. This will                       Under the provisions of 14 CFR
                                              rechargeable lithium battery                            support our efforts of encouraging                     21.101, Dassault must show that the
                                              installations to address certain safety                 operators in Alaska to upgrade to a 406                Model Falcon 7X airplane meets the
                                              issues until we can revise the                          MHz ELT. These ELTs provide                            applicable provisions of the regulations
                                              airworthiness requirements. Applying                    significantly improved accuracy for                    listed in type certificate no. A59NM or
                                              special conditions to these installations               lifesaving services to locate an accident              the applicable regulations in effect on
                                              across the range of transport category                  site in Alaskan terrain. The FAA                       the date of application for the change,
                                              airplanes will ensure regulatory                        considers that the safety benefits from                except for earlier amendments as agreed
                                              consistency.                                            upgrading to a 406 MHz ELT for                         upon by the FAA. In addition, the
                                                 Typically, the FAA issues special                    Alaskan operations will outweigh the                   certification basis includes certain
                                              conditions after receiving an application               battery fire risk.                                     special conditions, exemptions, or later
                                              for type certificate approval of a novel                                                                       amended sections that are not relevant
                                              or unusual design feature. However, the                 Comments Invited                                       to these special conditions.
                                              FAA has found that the presence of non-                    The substance of these special                         If the Administrator finds that the
                                              rechargeable lithium batteries in                       conditions previously has been                         applicable airworthiness regulations
                                              certification projects is not always                    published in the Federal Register for                  (i.e., 14 CFR part 25) do not contain
                                              immediately identifiable, since the                     public comment. These special                          adequate or appropriate safety standards
                                              battery itself may not be the focus of the              conditions have been derived without                   for the Dassault Model Falcon 7X
                                              project. Meanwhile, the inclusion of                    substantive change from those                          airplane because of a novel or unusual
                                              these batteries has become virtually                    previously issued. It is unlikely that                 design feature, special conditions are
                                              ubiquitous on in-production transport                                                                          prescribed under the provisions of
                                                                                                      prior public comment would result in a
                                              category airplanes, which shows that                                                                           § 21.16.
                                                                                                      significant change from the substance
                                                                                                                                                                Special conditions are initially
                                              there will be a need for these special                  contained herein. Therefore, the FAA                   applicable to the airplane model for
                                              conditions. Also, delaying the issuance                 has determined that prior public notice                which they are issued. Should the type
                                              of special conditions until after each                  and comment are unnecessary, and                       certificate for that model be amended
                                              design application is received could                    finds that, for the same reason, good                  later to include any other model that
                                              lead to costly certification delays.                    cause exists for adopting these special                incorporates the same novel or unusual
                                              Therefore, the FAA finds it necessary to                conditions upon publication in the                     design feature, or should any other
                                              issue special conditions applicable to                  Federal Register.                                      model already included on the same
                                              these battery installations on particular                  The FAA is requesting comments to                   type certificate be modified to
                                              makes and models of aircraft.                           allow interested persons to submit                     incorporate the same novel or unusual
                                                 On April 22, 2016, the FAA published                 views that may not have been submitted                 design feature, these special conditions
                                              special conditions no. 25–612–SC in the                 in response to the prior opportunities                 would also apply to the other model
                                              Federal Register (81 FR 23573)                          for comment described above. We invite                 under § 21.101.
                                              applicable to Gulfstream Aerospace                      interested people to take part in this                    In addition to the applicable
                                              Corporation for the GVI airplane. Those                 rulemaking by sending written                          airworthiness regulations and special
                                              were the first special conditions the                   comments, data, or views. The most                     conditions, the Dassault Model Falcon
                                              FAA issued for non-rechargeable                         helpful comments reference a specific                  7X airplane must comply with the fuel-
                                              lithium battery installations. We                       portion of the special conditions,                     vent and exhaust-emission requirements
                                              explained in that document our                          explain the reason for any                             of 14 CFR part 34, and the noise-
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                                              decision to make those special                          recommended change, and include                        certification requirements of 14 CFR
                                              conditions effective one year after                     supporting data.                                       part 36.
                                              publication in the Federal Register,                       We will consider all comments we                       The FAA issues special conditions, as
                                              which is April 22, 2017. In those special               receive by the closing date for                        defined in 14 CFR 11.19, in accordance
                                              conditions, the FAA stated its intention                comments. We may change these special                  with § 11.38, and they become part of
                                              to apply non-rechargeable lithium                       conditions based on the comments we                    the type certification basis under
                                              battery special conditions to design                    receive.                                               § 21.101.


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                                              2528             Federal Register / Vol. 83, No. 12 / Thursday, January 18, 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                       • 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
                                              (where necessary) and packaging.                           • Systems in cargo areas including                  leakage from airplane systems. Non-
                                                                                                      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)
                                                                                                         • 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                          • 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                             • 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 or
                                              evaluation of these energy storage                      energy storage of lithium. They also use               § 25.1353(c)(1) through (4) at earlier
                                              technologies. In January 2013, two                      liquid electrolytes that can be extremely              amendments. Those regulations remain
                                              independent events involving                            flammable. The electrolyte, as well as                 in effect for 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                7X 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
                                                 • Flight deck and avionics systems                   intended to ensure that the non-                       applicable to design changes applied for
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                                              such as displays, global positioning                    rechargeable lithium battery and its                   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


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                                                               Federal Register / Vol. 83, No. 12 / Thursday, January 18, 2018 / Rules and Regulations                                         2529

                                              the airplane and occupants. Previously                  gases that may escape in such a way as                 of safety equivalent to that established
                                              certified non-rechargeable lithium                      to cause a major or more severe failure                by the existing airworthiness standards.
                                              battery installations, as used in this                  condition.                                             DATES: This action is effective on
                                              paragraph, are those installations                         6. Have provisions to prevent any                   Dassault Aviation on January 18, 2018.
                                              approved for certification projects                     hazardous effect on airplane structure or              Send your comments by March 5, 2018.
                                              applied for on or before the effective                  systems caused by the maximum                          ADDRESSES: Send comments identified
                                              date of these special conditions. A                     amount of heat it can generate due to                  by docket number FAA–2017–1142
                                              cosmetic change is a change in                          any failure of it or its individual cells.             using any of the following methods:
                                              appearance only, and does not change                       7. Have a failure sensing and warning                  • Federal eRegulations Portal: Go to
                                              any function or safety characteristic of                system to alert the flightcrew if its                  http://www.regulations.gov/ and follow
                                              the battery installation. These special                 failure affects safe operation of the                  the online instructions for sending your
                                              conditions are also not applicable to                   airplane.                                              comments electronically.
                                              unchanged, previously certified non-                       8. Have a means for the flightcrew or                  • Mail: Send comments to Docket
                                              rechargeable lithium battery                            maintenance personnel to determine the                 Operations, M–30, U.S. Department of
                                              installations that are affected by a                    battery charge state if the battery’s                  Transportation (DOT), 1200 New Jersey
                                              change in a manner that improves the                    function is required for safe operation of             Avenue SE, Room W12–140, West
                                              safety of its installation. The FAA                     the airplane.                                          Building Ground Floor, Washington, DC
                                              determined that these exclusions are in                    Note: A battery system consists of the              20590–0001.
                                              the public interest because the need to                 battery and any protective, monitoring, and               • Hand Delivery or Courier: Take
                                              meet all of the special conditions might                alerting circuitry or hardware inside or               comments to Docket Operations in
                                              otherwise deter these design changes                    outside of the battery. It also includes vents
                                                                                                                                                             Room W12–140 of the West Building
                                              that improve safety.                                    (where necessary) and packaging. For the
                                                                                                      purpose of these special conditions, a                 Ground Floor at 1200 New Jersey
                                              Conclusion                                              ‘‘battery’’ and ‘‘battery system’’ are referred to     Avenue SE, Washington, DC, between 9
                                                                                                      as a battery.                                          a.m. and 5 p.m., Monday through
                                                This action affects only certain a                                                                           Friday, except Federal holidays.
                                              novel or unusual design feature on one                     Issued in Renton, Washington, on January               • Fax: Fax comments to Docket
                                              model of airplane. It is not a rule of                  9, 2018.                                               Operations at 202–493–2251.
                                              general applicability.                                  Victor Wicklund,                                          Privacy: The FAA will post all
                                              List of Subjects in 14 CFR Part 25                      Manager, Transport Standards Branch, Policy            comments it receives, without change,
                                                                                                      and Innovation Division, Aircraft                      to http://www.regulations.gov/,
                                                Aircraft, Aviation safety, Reporting                  Certification Service.                                 including any personal information the
                                              and record keeping requirements.                        [FR Doc. 2018–00716 Filed 1–17–18; 8:45 am]            commenter provides. Using the search
                                                The authority citation for these                      BILLING CODE 4910–13–P                                 function of the docket website, anyone
                                              special conditions is as follows:                                                                              can find and read the electronic form of
                                                Authority: 49 U.S.C. 106(g), 40113, 44701,                                                                   all comments received into any FAA
                                              44702, 44704.                                           DEPARTMENT OF TRANSPORTATION                           docket, including the name of the
                                              The Special Conditions                                                                                         individual sending the comment (or
                                                                                                      Federal Aviation Administration                        signing the comment for an association,
                                                Accordingly, pursuant to the                                                                                 business, labor union, etc.). DOT’s
                                              authority delegated to me by the                        14 CFR Part 25                                         complete Privacy Act Statement can be
                                              Administrator, the following special                    [Docket No. FAA–2017–1142; Special                     found in the Federal Register published
                                              conditions are issued as part of the type               Conditions No. 25–712–SC]                              on April 11, 2000 (65 FR 19477–19478).
                                              certification basis for the Dassault                                                                              Docket: Background documents or
                                              Model Falcon 7X airplane.                               Special Conditions: Dassault Aviation                  comments received may be read at
                                              Non-Rechargeable Lithium Battery                        Model Falcon 900EX Airplanes; Non-                     http://www.regulations.gov/ at any time.
                                              Installations                                           Rechargeable Lithium Battery                           Follow the online instructions for
                                                                                                      Installations                                          accessing the docket or go to Docket
                                                 In lieu of § 25.1353(b)(1) through (4)                                                                      Operations in Room W12–140 of the
                                              at Amendment 25–123 or § 25.1353(c)(1)                  AGENCY:  Federal Aviation
                                                                                                      Administration (FAA), DOT.                             West Building Ground Floor at 1200
                                              through (4) at earlier amendments, each                                                                        New Jersey Avenue SE, Washington,
                                              non-rechargeable lithium battery                        ACTION: Final special conditions; request
                                                                                                                                                             DC, between 9 a.m. and 5 p.m., Monday
                                              installation must:                                      for comment.
                                                                                                                                                             through Friday, except Federal holidays.
                                                 1. Be designed to maintain safe cell
                                              temperatures and pressures under all                    SUMMARY:    These special conditions are               FOR FURTHER INFORMATION CONTACT:
                                              foreseeable operating conditions to                     issued for non-rechargeable lithium                    Nazih Khaouly, Airplane and Flight
                                              prevent fire and explosion.                             battery installations on the Dassault                  Crew Interface Section, AIR–671,
                                                 2. Be designed to prevent the                        Aviation (Dassault) Model Falcon                       Transport Standards Branch, Policy and
                                              occurrence of self-sustaining,                          900EX airplane. Non-rechargeable                       Innovation Division, Aircraft
                                              uncontrollable increases in temperature                 lithium batteries are a novel or unusual               Certification Service, 1601 Lind Avenue
                                              or pressure.                                            design feature when compared to the                    SW, Renton, Washington 98057–3356;
                                                 3. Not emit explosive or toxic gases,                state of technology envisioned in the                  telephone 425–227–2432; facsimile
                                              either in normal operation or as a result               airworthiness standards for transport                  425–227–1149.
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                                              of its failure, that may accumulate in                  category airplanes. The applicable                     SUPPLEMENTARY INFORMATION:
                                              hazardous quantities within the                         airworthiness regulations do not contain
                                                                                                      adequate or appropriate safety standards               Future Requests for Installation of Non-
                                              airplane.
                                                 4. Meet the requirements of § 25.863.                for this design feature. These special                 Rechargeable Lithium Batteries
                                                 5. Not damage surrounding structure                  conditions contain the additional safety                 The FAA anticipates that non-
                                              or adjacent systems, equipment, or                      standards that the Administrator                       rechargeable lithium batteries will be
                                              electrical wiring from corrosive fluids or              considers necessary to establish a level               installed in most makes and models of


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Document Created: 2018-01-18 00:42:38
Document Modified: 2018-01-18 00:42:38
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 18, 2018. Send your comments by March 5, 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 2526 
CFR AssociatedAircraft; Aviation Safety and Reporting and Record Keeping Requirements

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