83_FR_2541 83 FR 2529 - Special Conditions: Dassault Aviation Model Falcon 900EX Airplanes; Non-Rechargeable Lithium Battery Installations

83 FR 2529 - Special Conditions: Dassault Aviation Model Falcon 900EX Airplanes; Non-Rechargeable Lithium Battery Installations

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

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

Page Range2529-2532
FR Document2018-00717

These special conditions are issued for non-rechargeable lithium battery installations on the Dassault Aviation (Dassault) Model Falcon 900EX 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 2529-2532]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-00717]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2017-1142; Special Conditions No. 25-712-SC]


Special Conditions: Dassault Aviation Model Falcon 900EX 
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 900EX 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-2017-1142 
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, 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

[[Page 2530]]

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. A46EU, which provides the 
certification basis for the Model Falcon 900EX airplane. The Dassault 
Model Falcon 900EX airplane is a twin engine, transport category 
airplane with a passenger seating capacity of 19 and a maximum takeoff 
weight of 48,300 to 49,000 pounds, depending on the specific design.
    The FAA is issuing these special conditions for non-rechargeable 
lithium battery installations on the Dassault Model Falcon 900EX 
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 900EX airplane meets the applicable provisions of the 
regulations listed in type certificate no. A46EU 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 900EX 
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 900EX 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.

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)

[[Page 2531]]

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 900EX 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 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

[[Page 2532]]

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 900EX 
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. 2018-00717 Filed 1-17-18; 8:45 am]
 BILLING CODE 4910-13-P



                                                               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.
sradovich on DSK3GMQ082PROD with RULES




                                              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


                                         VerDate Sep<11>2014   15:51 Jan 17, 2018   Jkt 244001   PO 00000   Frm 00005   Fmt 4700   Sfmt 4700   E:\FR\FM\18JAR1.SGM   18JAR1


                                              2530             Federal Register / Vol. 83, No. 12 / Thursday, January 18, 2018 / Rules and Regulations

                                              transport category airplanes. We intend                 later revision, on transport airplanes                 Type Certification Basis
                                              to require special conditions for                       operating only in Alaska. This will                       Under the provisions of 14 CFR
                                              certification projects involving non-                   support our efforts of encouraging                     21.101, Dassault must show that the
                                              rechargeable lithium battery                            operators in Alaska to upgrade to a 406                Model Falcon 900EX airplane meets the
                                              installations to address certain safety                 MHz ELT. These ELTs provide                            applicable provisions of the regulations
                                              issues until we can revise the                          significantly improved accuracy for                    listed in type certificate no. A46EU or
                                              airworthiness requirements. Applying                    lifesaving services to locate an accident
                                                                                                                                                             the applicable regulations in effect on
                                              special conditions to these installations               site in Alaskan terrain. The FAA
                                                                                                                                                             the date of application for the change,
                                              across the range of transport category                  considers that the safety benefits from
                                                                                                                                                             except for earlier amendments as agreed
                                              airplanes will ensure regulatory                        upgrading to a 406 MHz ELT for
                                                                                                                                                             upon by the FAA. In addition, the
                                              consistency.                                            Alaskan operations will outweigh the
                                                 Typically, the FAA issues special                                                                           certification basis includes certain
                                                                                                      battery fire risk.
                                              conditions after receiving an application                                                                      special conditions, exemptions, or later
                                              for type certificate approval of a novel                Comments Invited                                       amended sections that are not relevant
                                              or unusual design feature. However, the                    The substance of these special                      to these special conditions.
                                              FAA has found that the presence of non-                 conditions previously has been                            If the Administrator finds that the
                                              rechargeable lithium batteries in                       published in the Federal Register for                  applicable airworthiness regulations
                                              certification projects is not always                    public comment. These special                          (i.e., 14 CFR part 25) do not contain
                                              immediately identifiable, since the                     conditions have been derived without                   adequate or appropriate safety standards
                                              battery itself may not be the focus of the              substantive change from those                          for the Dassault Model Falcon 900EX
                                              project. Meanwhile, the inclusion of                    previously issued. It is unlikely that                 airplane because of a novel or unusual
                                              these batteries has become virtually                    prior public comment would result in a                 design feature, special conditions are
                                              ubiquitous on in-production transport                   significant change from the substance                  prescribed under the provisions of
                                              category airplanes, which shows that                    contained herein. Therefore, the FAA                   § 21.16.
                                              there will be a need for these special                  has determined that prior public notice                   Special conditions are initially
                                              conditions. Also, delaying the issuance                 and comment are unnecessary, and                       applicable to the airplane model for
                                              of special conditions until after each                  finds that, for the same reason, good                  which they are issued. Should the type
                                              design application is received could                    cause exists for adopting these special                certificate for that model be amended
                                              lead to costly certification delays.                    conditions upon publication in the                     later to include any other model that
                                              Therefore, the FAA finds it necessary to                Federal Register.                                      incorporates the same novel or unusual
                                              issue special conditions applicable to                     The FAA is requesting comments to                   design feature, or should any other
                                              these battery installations on particular               allow interested persons to submit                     model already included on the same
                                              makes and models of aircraft.                           views that may not have been submitted                 type certificate be modified to
                                                 On April 22, 2016, the FAA published                 in response to the prior opportunities                 incorporate the same novel or unusual
                                              special conditions no. 25–612–SC in the                 for comment described above. We invite                 design feature, these special conditions
                                              Federal Register (81 FR 23573)                          interested people to take part in this                 would also apply to the other model
                                              applicable to Gulfstream Aerospace                      rulemaking by sending written                          under § 21.101.
                                              Corporation for the GVI airplane. Those                 comments, data, or views. The most                        In addition to the applicable
                                              were the first special conditions the                   helpful comments reference a specific                  airworthiness regulations and special
                                              FAA issued for non-rechargeable                         portion of the special conditions,                     conditions, the Dassault Model Falcon
                                              lithium battery installations. We                       explain the reason for any                             900EX airplane must comply with the
                                              explained in that document our                          recommended change, and include                        fuel-vent and exhaust-emission
                                              decision to make those special                          supporting data.                                       requirements of 14 CFR part 34, and the
                                              conditions effective one year after                        We will consider all comments we                    noise-certification requirements of 14
                                              publication in the Federal Register,                    receive by the closing date for                        CFR part 36.
                                              which is April 22, 2017. In those special               comments. We may change these special                     The FAA issues special conditions, as
                                              conditions, the FAA stated its intention                conditions based on the comments we                    defined in 14 CFR 11.19, in accordance
                                              to apply non-rechargeable lithium                       receive.                                               with § 11.38, and they become part of
                                              battery special conditions to design                                                                           the type certification basis under
                                              changes on other makes and models                       Background                                             § 21.101.
                                              applied for after this same date.                          Dassault holds type certificate no.
                                                 Section 1205 of the FAA                              A46EU, which provides the certification                Novel or Unusual Design Feature
                                              Reauthorization Act of 1996 requires the                basis for the Model Falcon 900EX                          The novel or unusual design feature is
                                              FAA to consider the extent to which                     airplane. The Dassault Model Falcon                    the installation of non-rechargeable
                                              Alaska is not served by transportation                  900EX airplane is a twin engine,                       lithium batteries.
                                              modes other than aviation and to                        transport category airplane with a                        For the purpose of these special
                                              establish appropriate regulatory                        passenger seating capacity of 19 and a                 conditions, we refer to a battery and
                                              distinctions when modifying                             maximum takeoff weight of 48,300 to                    battery system as a battery. A battery
                                              airworthiness regulations that affect                   49,000 pounds, depending on the                        system consists of the battery and any
                                              intrastate aviation in Alaska. In                       specific design.                                       protective, monitoring, and alerting
                                              consideration of this requirement and                      The FAA is issuing these special                    circuitry or hardware inside or outside
                                              the overall impact on safety, the FAA                   conditions for non-rechargeable lithium                of the battery. It also includes vents
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                                              does not intend to require non-                         battery installations on the Dassault                  (where necessary) and packaging.
                                              rechargeable lithium battery special                    Model Falcon 900EX airplane. The
                                              conditions for design changes that only                 current battery requirements in title 14,              Discussion
                                              replace a 121.5 megahertz (MHz)                         Code of Federal Regulations (14 CFR)                      The FAA derived the current
                                              emergency locator transmitter (ELT)                     part 25 are inadequate for addressing an               regulations governing installation of
                                              with a 406 MHz ELT that meets                           airplane with non-rechargeable lithium                 batteries in transport category airplanes
                                              Technical Standard Order C126b, or                      batteries.                                             from Civil Air Regulations (CAR)


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                                                               Federal Register / Vol. 83, No. 12 / Thursday, January 18, 2018 / Rules and Regulations                                          2531

                                              4b.625(d) as part of the recodification of                 • Internal failures: In general, these              corrosive fluids or gases that may escape
                                              CAR 4b that established 14 CFR part 25                  batteries are significantly more                       in such a way as to cause a major or
                                              in February 1965. This recodification                   susceptible to internal failures that can              more severe failure condition.
                                              basically reworded the CAR 4b battery                   result in self-sustaining increases in                    While special condition no. 5
                                              requirements, which are currently in                    temperature and pressure (i.e., thermal                addresses corrosive fluids and gases,
                                              § 25.1353(b)(1) through (4). Non-                       runaway) than their nickel-cadmium or                  special condition no. 6 addresses heat.
                                              rechargeable lithium batteries are novel                lead-acid counterparts. The metallic                   Special condition no. 6 requires that
                                              and unusual with respect to the state of                lithium can ignite, resulting in a self-               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.
                                                                                                      the electrodes, can serve as a source of                  These special conditions contain the
                                              rechargeable lithium-ion batteries
                                                                                                      fuel for an external fire if the battery               additional safety standards that the
                                              revealed unanticipated failure modes. A
                                                                                                      casing is breached.                                    Administrator considers necessary to
                                              National Transportation Safety Board
                                                                                                         Special condition no. 1 of these                    establish a level of safety equivalent to
                                              (NTSB) letter to the FAA, dated May 22,
                                                                                                      special conditions requires that each                  that established by the existing
                                              2014, which is available at http://
                                                                                                      individual cell within a non-                          airworthiness standards.
                                              www.ntsb.gov, filename A–14–032–
                                                                                                      rechargeable lithium battery be designed
                                              036.pdf, describes these events.                                                                               Applicability
                                                                                                      to maintain safe temperatures and
                                                 On July 12, 2013, an event involving                                                                           These special conditions are
                                                                                                      pressures. Special condition no. 2
                                              a non-rechargeable lithium battery in an                                                                       applicable to the Dassault Model Falcon
                                                                                                      addresses these same issues but for the
                                              emergency locator transmitter                                                                                  900EX airplane. Should Dassault apply
                                                                                                      entire battery. Special condition no. 2
                                              installation demonstrated unanticipated                                                                        at a later date for a change to the type
                                                                                                      requires the battery be designed to
                                              failure modes. The United Kingdom’s                                                                            certificate to include another model
                                                                                                      prevent propagation of a thermal event,
                                              Air Accidents Investigation Branch                                                                             incorporating the same novel or unusual
                                                                                                      such as self-sustained, uncontrollable
                                              Bulletin S5/2013 describes this event.                                                                         design feature, these special conditions
                                                                                                      increases in temperature or pressure
                                                 Some known uses of rechargeable and                  from one cell to adjacent cells.                       would apply to that model as well.
                                              non-rechargeable lithium batteries on                      Special conditions nos. 1 and 2 are                    These special conditions are only
                                              airplanes include:                                      intended to ensure that the non-                       applicable to design changes applied for
                                                 • Flight deck and avionics systems                   rechargeable lithium battery and its                   after the effective date.
                                              such as displays, global positioning                    cells are designed to eliminate the                       These special conditions are not
                                              systems, cockpit voice recorders, flight                potential for uncontrollable failures.                 applicable to changes to previously
                                              data recorders, underwater locator                      However, a certain number of failures                  certified non-rechargeable lithium
                                              beacons, navigation computers,                          will occur due to various factors beyond               battery installations where the only
                                              integrated avionics computers, satellite                the control of the battery designer.                   change is either cosmetic or to relocate
                                              network and communication systems,                      Therefore, other special conditions are                the installation to improve the safety of
                                              communication management units, and                     intended to protect the airplane and its               the airplane and occupants. Previously
                                              remote-monitor electronic line-                         occupants if failure occurs.                           certified non-rechargeable lithium
                                              replaceable units;                                         Special conditions 3, 7, and 8 are self-            battery installations, as used in this
                                                 • Cabin safety, entertainment, and                   explanatory.                                           paragraph, are those installations
                                              communications equipment, including                        Special condition no. 4 makes it clear              approved for certification projects
                                              emergency locator transmitters, life                    that the flammable fluid fire protection               applied for on or before the effective
                                              rafts, escape slides, seatbelt air bags,                requirements of § 25.863 apply to non-                 date of these special conditions. A
                                              cabin management systems, Ethernet                      rechargeable lithium battery                           cosmetic change is a change in
                                              switches, routers and media servers,                    installations. Section 25.863 is                       appearance only, and does not change
                                              wireless systems, internet and in-flight                applicable to areas of the airplane that               any function or safety characteristic of
                                              entertainment systems, satellite                        could be exposed to flammable fluid                    the battery installation. These special
                                              televisions, remotes, and handsets;                     leakage from airplane systems. Non-                    conditions are also not applicable to
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                                                 • Systems in cargo areas including                   rechargeable lithium batteries contain                 unchanged, previously certified non-
                                              door controls, sensors, video                           an electrolyte that is a flammable fluid.              rechargeable lithium battery
                                              surveillance equipment, and security                       Special condition no. 5 requires that               installations that are affected by a
                                              systems.                                                each non-rechargeable lithium battery                  change in a manner that improves the
                                                 Some known potential hazards and                     installation not damage surrounding                    safety of its installation. The FAA
                                              failure modes associated with non-                      structure or adjacent systems,                         determined that these exclusions are in
                                              rechargeable lithium batteries are:                     equipment, or electrical wiring from                   the public interest because the need to


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                                              2532             Federal Register / Vol. 83, No. 12 / Thursday, January 18, 2018 / Rules and Regulations

                                              meet all of the special conditions might                alerting circuitry or hardware inside or                  • Hand Delivery or Courier: Take
                                              otherwise deter these design changes                    outside of the battery. It also includes vents         comments to Docket Operations in
                                              that improve safety.                                    (where necessary) and packaging. For the               Room W12–140 of the West Building
                                                                                                      purpose of these special conditions, a                 Ground Floor at 1200 New Jersey
                                              Conclusion                                              ‘‘battery’’ and ‘‘battery system’’ are referred to
                                                                                                      as a battery.
                                                                                                                                                             Avenue SE, Washington, DC, between 9
                                                This action affects only certain a                                                                           a.m. and 5 p.m., Monday through
                                              novel or unusual design feature on one                     Issued in Renton, Washington, on January            Friday, except Federal holidays.
                                              model of airplane. It is not a rule of                  9, 2018.                                                  • Fax: Fax comments to Docket
                                              general applicability.                                  Victor Wicklund,                                       Operations at 202–493–2251.
                                              List of Subjects in 14 CFR Part 25                      Manager, Transport Standards Branch, Policy               Privacy: The FAA will post all
                                                                                                      and Innovation Division, Aircraft                      comments it receives, without change,
                                                Aircraft, Aviation safety, Reporting                  Certification Service.                                 to http://www.regulations.gov/,
                                              and record keeping requirements.                                                                               including any personal information the
                                                                                                      [FR Doc. 2018–00717 Filed 1–17–18; 8:45 am]
                                                The authority citation for these                      BILLING CODE 4910–13–P                                 commenter provides. Using the search
                                              special conditions is as follows:                                                                              function of the docket website, anyone
                                                Authority: 49 U.S.C. 106(g), 40113, 44701,                                                                   can find and read the electronic form of
                                              44702, 44704.                                           DEPARTMENT OF TRANSPORTATION                           all comments received into any FAA
                                                                                                                                                             docket, including the name of the
                                              The Special Conditions                                  Federal Aviation Administration                        individual sending the comment (or
                                                Accordingly, pursuant to the                                                                                 signing the comment for an association,
                                              authority delegated to me by the                        14 CFR Part 25                                         business, labor union, etc.). DOT’s
                                              Administrator, the following special                                                                           complete Privacy Act Statement can be
                                              conditions are issued as part of the type               [Docket No. FAA–2017–1143; Special                     found in the Federal Register published
                                              certification basis for the Dassault                    Conditions No. 25–713–SC]
                                                                                                                                                             on April 11, 2000 (65 FR 19477–19478).
                                              Model Falcon 900EX airplane.                                                                                      Docket: Background documents or
                                                                                                      Special Conditions: Dassault Aviation
                                              Non-Rechargeable Lithium Battery                        Model Falcon 2000EX Airplanes; Non-                    comments received may be read at
                                              Installations                                           Rechargeable Lithium Battery                           http://www.regulations.gov/ at any time.
                                                                                                      Installations                                          Follow the online instructions for
                                                 In lieu of § 25.1353(b)(1) through (4)                                                                      accessing the docket or go to Docket
                                              at Amendment 25–123 or § 25.1353(c)(1)                  AGENCY:  Federal Aviation                              Operations in Room W12–140 of the
                                              through (4) at earlier amendments, each                 Administration (FAA), DOT.                             West Building Ground Floor at 1200
                                              non-rechargeable lithium battery                                                                               New Jersey Avenue SE, Washington,
                                                                                                      ACTION: Final special conditions; request
                                              installation must:                                                                                             DC, between 9 a.m. and 5 p.m., Monday
                                                 1. Be designed to maintain safe cell                 for comment.
                                                                                                                                                             through Friday, except Federal holidays.
                                              temperatures and pressures under all                    SUMMARY:    These special conditions are               FOR FURTHER INFORMATION CONTACT:
                                              foreseeable operating conditions to                     issued for non-rechargeable lithium
                                              prevent fire and explosion.                                                                                    Nazih Khaouly, Airplane and Flight
                                                                                                      battery installations on the Dassault                  Crew Interface Section, AIR–671,
                                                 2. Be designed to prevent the                        Aviation (Dassault) Model Falcon
                                              occurrence of self-sustaining,                                                                                 Transport Standards Branch, Policy and
                                                                                                      2000EX airplane. Non-rechargeable                      Innovation Division, Aircraft
                                              uncontrollable increases in temperature                 lithium batteries are a novel or unusual
                                              or pressure.                                                                                                   Certification Service, 1601 Lind Avenue
                                                                                                      design feature when compared to the                    SW, Renton, Washington 98057–3356;
                                                 3. Not emit explosive or toxic gases,                state of technology envisioned in the
                                              either in normal operation or as a result                                                                      telephone 425–227–2432; facsimile
                                                                                                      airworthiness standards for transport                  425–227–1149.
                                              of its failure, that may accumulate in                  category airplanes. The applicable
                                              hazardous quantities within the                                                                                SUPPLEMENTARY INFORMATION:
                                                                                                      airworthiness regulations do not contain
                                              airplane.                                               adequate or appropriate safety standards               Future Requests for Installation of Non-
                                                 4. Meet the requirements of § 25.863.
                                                 5. Not damage surrounding structure                  for this design feature. These special                 Rechargeable Lithium Batteries
                                              or adjacent systems, equipment, or                      conditions contain the additional safety                  The FAA anticipates that non-
                                              electrical wiring from corrosive fluids or              standards that the Administrator                       rechargeable lithium batteries will be
                                              gases that may escape in such a way as                  considers necessary to establish a level               installed in most makes and models of
                                              to cause a major or more severe failure                 of safety equivalent to that established               transport category airplanes. We intend
                                              condition.                                              by the existing airworthiness standards.               to require special conditions for
                                                 6. Have provisions to prevent any                    DATES: This action is effective on                     certification projects involving non-
                                              hazardous effect on airplane structure or               Dassault Aviation on January 18, 2018.                 rechargeable lithium battery
                                              systems caused by the maximum                           Send your comments by March 5, 2018.                   installations to address certain safety
                                              amount of heat it can generate due to                   ADDRESSES: Send comments identified                    issues until we can revise the
                                              any failure of it or its individual cells.              by docket number FAA–2017–1143                         airworthiness requirements. Applying
                                                 7. Have a failure sensing and warning                using any of the following methods:                    special conditions to these installations
                                              system to alert the flightcrew if its                      • Federal eRegulations Portal: Go to                across the range of transport category
                                              failure affects safe operation of the                   http://www.regulations.gov/ and follow                 airplanes will ensure regulatory
                                              airplane.                                               the online instructions for sending your               consistency.
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                                                 8. Have a means for the flightcrew or                comments electronically.                                  Typically, the FAA issues special
                                              maintenance personnel to determine the                     • Mail: Send comments to Docket                     conditions after receiving an application
                                              battery charge state if the battery’s                   Operations, M–30, U.S. Department of                   for type certificate approval of a novel
                                              function is required for safe operation of              Transportation (DOT), 1200 New Jersey                  or unusual design feature. However, the
                                              the airplane.                                           Avenue SE, Room W12–140, West                          FAA has found that the presence of non-
                                                Note: A battery system consists of the                Building Ground Floor, Washington, DC                  rechargeable lithium batteries in
                                              battery and any protective, monitoring, and             20590–0001.                                            certification projects is not always


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Document Created: 2018-01-18 00:42:16
Document Modified: 2018-01-18 00:42:16
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 2529 
CFR AssociatedAircraft; Aviation Safety and Reporting and Record Keeping Requirements

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