83_FR_466 83 FR 463 - Special Conditions: Learjet Inc., Model 45 Airplane; Non-Rechargeable Lithium Battery Installations

83 FR 463 - Special Conditions: Learjet Inc., Model 45 Airplane; Non-Rechargeable Lithium Battery Installations

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 83, Issue 3 (January 4, 2018)

Page Range463-466
FR Document2017-28454

These special conditions are issued for non-rechargeable lithium battery installations on the Learjet Inc. (Learjet) Model 45 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 3 (Thursday, January 4, 2018)
[Federal Register Volume 83, Number 3 (Thursday, January 4, 2018)]
[Rules and Regulations]
[Pages 463-466]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-28454]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

========================================================================


Federal Register / Vol. 83, No. 3 / Thursday, January 4, 2018 / Rules 
and Regulations

[[Page 463]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2017-0963; Special Conditions No. 25-707-SC]


Special Conditions: Learjet Inc., Model 45 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 Learjet Inc. (Learjet) Model 45 
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 Learjet on January 4, 2018. We must 
receive your comments by February 20, 2018.

ADDRESSES: Send comments identified by docket number FAA-2017-0963 
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), as well as at http://DocketsInfo.dot.gov/ gov/.
    Docket: Background documents or comments received may be read at 
http://www.regulations.gov/ at any time. Follow the online instructions 
for accessing the docket or go to Docket Operations in Room W12-140 of 
the West Building Ground Floor at 1200 New Jersey Avenue SE, 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Nazih Khaouly, Airplane and Flight 
Crew Interface Branch, AIR-671, Transport Airplane Directorate, 
Aircraft Certification Service, 1601 Lind Avenue SW, Renton, Washington 
98057-3356; telephone 425-227-2432; facsimile 425-227-1149.

SUPPLEMENTARY INFORMATION:

Future Requests for Installation of Non-Rechargeable Lithium Batteries

    The FAA anticipates that non-rechargeable lithium batteries will be 
installed in most makes and models of transport-category airplanes. We 
intend to require special conditions for certification projects 
involving non-rechargeable lithium battery 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, because 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 Model 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 airplane 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 FAA efforts of encouraging 
operators in Alaska to upgrade to a 406 MHz ELT. These ELTs provide 
significantly improved accuracy for

[[Page 464]]

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 Alaska operations will outweigh the battery fire risk.

Comments Invited

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

Background

    Learjet holds type certificate no. T00008WI, which provides the 
certification basis for the Model 45 airplane. The Model 45 airplane is 
a twin-engine, transport-category airplanes with a passenger seating 
capacity of 9 and a maximum takeoff weight of 20,500 pounds.
    The FAA is issuing these special conditions for non-rechargeable 
lithium battery installations on the Model 45 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, Learjet must show that the 
Model 45 airplane meets the applicable provisions of the regulations 
listed in type certificate no. T00008WI 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 Model 45 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 Model 45 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) 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

[[Page 465]]

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 that 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 has 
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 Learjet Model 45 
airplane. Should Learjet apply at a later date for a change to the type 
certificate to include another model incorporating the same novel or 
unusual design feature, these special conditions would apply to that 
model as well.
    These special conditions are only applicable to design changes 
applied for after the effective date.
    These special conditions are not applicable to changes to 
previously certified non-rechargeable lithium battery installations 
where the only change is either cosmetic, or to relocate the 
installation to improve the safety of the airplane and occupants. 
Previously certified non-rechargeable lithium battery installations, as 
used in this paragraph, are those installations approved for 
certification projects applied for on or before the effective date of 
these special conditions. A cosmetic change is a change in appearance 
only, and does not change any function or safety characteristic of the 
battery installation. These special conditions are also not applicable 
to unchanged, previously certified non-rechargeable lithium battery 
installations that are affected by a change in a manner that improves 
the safety of its installation. The FAA determined that these 
exclusions are in the public interest because the need to meet all of 
the special conditions might otherwise deter these design changes that 
improve safety.

Conclusion

    This action affects only certain a novel or unusual design feature 
on one model of airplane. It is not a rule of general applicability.
    The substance of these special conditions has been subjected to the 
notice and comment period in prior instances and has been derived 
without substantive change from those previously issued. It is unlikely 
that prior public comment would result in a significant change from the 
substance contained herein. Therefore, the FAA has determined that 
prior public notice and comment are unnecessary and impracticable, and 
good cause exists for adopting these special conditions upon 
publication in the Federal Register. The FAA is requesting comments to 
allow interested persons to submit views that may not have been 
submitted in response to the prior opportunities for comment described 
above.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and 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 Learjet Model 45 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

[[Page 466]]

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 December 28, 2017.
Suzanne Masterson,
Acting Manager, Transport Standards Branch, Policy and Innovation 
Division, Aircraft Certification Service.
[FR Doc. 2017-28454 Filed 1-3-18; 8:45 am]
 BILLING CODE 4910-13-P



                                                                                                                                                                                                 463

                                             Rules and Regulations                                                                                          Federal Register
                                                                                                                                                            Vol. 83, No. 3

                                                                                                                                                            Thursday, January 4, 2018



                                             This section of the FEDERAL REGISTER                    Room W12–140 of the West Building                      for type certificate approval of a novel
                                             contains regulatory documents having general            Ground Floor at 1200 New Jersey                        or unusual design feature. However, the
                                             applicability and legal effect, most of which           Avenue SE, Washington, DC, between 9                   FAA has found that the presence of non-
                                             are keyed to and codified in the Code of                a.m. and 5 p.m., Monday through                        rechargeable lithium batteries in
                                             Federal Regulations, which is published under           Friday, except Federal holidays.                       certification projects is not always
                                             50 titles pursuant to 44 U.S.C. 1510.
                                                                                                        • Fax: Fax comments to Docket                       immediately identifiable, because the
                                             The Code of Federal Regulations is sold by              Operations at 202–493–2251.                            battery itself may not be the focus of the
                                             the Superintendent of Documents.                           Privacy: The FAA will post all                      project. Meanwhile, the inclusion of
                                                                                                     comments it receives, without change,                  these batteries has become virtually
                                                                                                     to http://www.regulations.gov/,                        ubiquitous on in-production transport
                                             DEPARTMENT OF TRANSPORTATION                            including any personal information the                 category airplanes, which shows that
                                                                                                     commenter provides. Using the search                   there will be a need for these special
                                             Federal Aviation Administration                         function of the docket website, anyone                 conditions. Also, delaying the issuance
                                                                                                     can find and read the electronic form of               of special conditions until after each
                                             14 CFR Part 25                                          all comments received into any FAA                     design application is received could
                                             [Docket No. FAA–2017–0963; Special                      docket, including the name of the                      lead to costly certification delays.
                                             Conditions No. 25–707–SC]                               individual sending the comment (or                     Therefore, the FAA finds it necessary to
                                                                                                     signing the comment for an association,                issue special conditions applicable to
                                             Special Conditions: Learjet Inc., Model                 business, labor union, etc.). DOT’s                    these battery installations on particular
                                             45 Airplane; Non-Rechargeable                           complete Privacy Act Statement can be                  makes and models of aircraft.
                                             Lithium Battery Installations                           found in the Federal Register published                   On April 22, 2016, the FAA published
                                             AGENCY:  Federal Aviation                               on April 11, 2000 (65 FR 19477–19478),                 special conditions no. 25–612–SC in the
                                             Administration (FAA), DOT.                              as well as at http://DocketsInfo.dot.                  Federal Register (81 FR 23573)
                                                                                                     gov/.                                                  applicable to Gulfstream Aerospace
                                             ACTION: Final special conditions; request
                                                                                                        Docket: Background documents or                     Corporation for the Model GVI airplane.
                                             for comment.
                                                                                                     comments received may be read at                       Those were the first special conditions
                                             SUMMARY:   These special conditions are                 http://www.regulations.gov/ at any time.               the FAA issued for non-rechargeable
                                             issued for non-rechargeable lithium                     Follow the online instructions for                     lithium battery installations. We
                                             battery installations on the Learjet Inc.               accessing the docket or go to Docket                   explained in that document our
                                             (Learjet) Model 45 airplane. Non-                       Operations in Room W12–140 of the                      decision to make those special
                                             rechargeable lithium batteries are a                    West Building Ground Floor at 1200                     conditions effective one year after
                                             novel or unusual design feature when                    New Jersey Avenue SE, Washington,                      publication in the Federal Register,
                                             compared to the state of technology                     DC, between 9 a.m. and 5 p.m., Monday                  which is April 22, 2017. In those special
                                             envisioned in the airworthiness                         through Friday, except Federal holidays.               conditions, the FAA stated its intention
                                             standards for transport-category                        FOR FURTHER INFORMATION CONTACT:                       to apply non-rechargeable lithium
                                             airplanes. The applicable airworthiness                 Nazih Khaouly, Airplane and Flight                     battery special conditions to design
                                             regulations do not contain adequate or                  Crew Interface Branch, AIR–671,                        changes on other airplane makes and
                                             appropriate safety standards for this                   Transport Airplane Directorate, Aircraft               models applied for after this same date.
                                             design feature. These special conditions                Certification Service, 1601 Lind Avenue                   Section 1205 of the FAA
                                             contain the additional safety standards                 SW, Renton, Washington 98057–3356;                     Reauthorization Act of 1996 requires the
                                             that the Administrator considers                        telephone 425–227–2432; facsimile                      FAA to consider the extent to which
                                             necessary to establish a level of safety                425–227–1149.                                          Alaska is not served by transportation
                                             equivalent to that established by the                   SUPPLEMENTARY INFORMATION:                             modes other than aviation, and to
                                             existing airworthiness standards.                                                                              establish appropriate regulatory
                                             DATES: This action is effective on Learjet
                                                                                                     Future Requests for Installation of Non-               distinctions when modifying
                                             on January 4, 2018. We must receive                     Rechargeable Lithium Batteries                         airworthiness regulations that affect
                                             your comments by February 20, 2018.                        The FAA anticipates that non-                       intrastate aviation in Alaska. In
                                             ADDRESSES: Send comments identified                     rechargeable lithium batteries will be                 consideration of this requirement and
                                             by docket number FAA–2017–0963                          installed in most makes and models of                  the overall impact on safety, the FAA
                                             using any of the following methods:                     transport-category airplanes. We intend                does not intend to require non-
                                                • Federal eRegulations Portal: Go to                 to require special conditions for                      rechargeable lithium battery special
                                             http://www.regulations.gov/ and follow                  certification projects involving non-                  conditions for design changes that only
                                             the online instructions for sending your                rechargeable lithium battery                           replace a 121.5 megahertz (MHz)
                                             comments electronically.                                installations to address certain safety                emergency-locator transmitter (ELT)
                                                • Mail: Send comments to Docket                      issues until we can revise the                         with a 406 MHz ELT that meets
rmajette on DSKBCKNHB2PROD with RULES




                                             Operations, M–30, U.S. Department of                    airworthiness requirements. Applying                   Technical Standard Order C126b, or
                                             Transportation (DOT), 1200 New Jersey                   special conditions to these installations              later revision, on transport airplanes
                                             Avenue SE, Room W12–140, West                           across the range of transport-category                 operating only in Alaska. This will
                                             Building Ground Floor, Washington, DC                   airplanes will ensure regulatory                       support FAA efforts of encouraging
                                             20590–0001.                                             consistency.                                           operators in Alaska to upgrade to a 406
                                                • Hand Delivery or Courier: Take                        Typically, the FAA issues special                   MHz ELT. These ELTs provide
                                             comments to Docket Operations in                        conditions after receiving an application              significantly improved accuracy for


                                        VerDate Sep<11>2014   14:53 Jan 03, 2018   Jkt 244001   PO 00000   Frm 00001   Fmt 4700   Sfmt 4700   E:\FR\FM\04JAR1.SGM   04JAR1


                                             464                Federal Register / Vol. 83, No. 3 / Thursday, January 4, 2018 / Rules and Regulations

                                             lifesaving services to locate an accident               certification basis includes certain                   battery cell sizes and construction.
                                             site in Alaskan terrain. The FAA                        special conditions, exemptions, or later               Interconnection of these cells in battery
                                             considers that the safety benefits from                 amended sections that are not relevant                 packs introduces failure modes that
                                             upgrading to a 406 MHz ELT for Alaska                   to these special conditions.                           require unique design considerations,
                                             operations will outweigh the battery fire                  If the Administrator finds that the                 such as provisions for thermal
                                             risk.                                                   applicable airworthiness regulations                   management.
                                                                                                     (i.e., 14 CFR part 25) do not contain                     Recent events involving rechargeable
                                             Comments Invited                                        adequate or appropriate safety standards               and non-rechargeable lithium batteries
                                               The substance of these special                        for the Model 45 airplane because of a                 prompted the FAA to initiate a broad
                                             conditions has been subjected to the                    novel or unusual design feature, special               evaluation of these energy storage
                                             public-notice and comment period in                     conditions are prescribed under the                    technologies. In January 2013, two
                                             prior instances and has been derived                    provisions of § 21.16.                                 independent events involving
                                             without substantive change from those                      Special conditions are initially                    rechargeable lithium-ion batteries
                                             previously issued. It is unlikely that                  applicable to the airplane model for                   revealed unanticipated failure modes. A
                                             prior public comment would result in a                  which they are issued. Should the type                 National Transportation Safety Board
                                             significant change from the substance                   certificate for that model be amended                  (NTSB) letter to the FAA, dated May 22,
                                             contained herein. Therefore, the FAA                    later to include any other model that                  2014, which is available at http://
                                             has determined that prior public notice                 incorporates the same novel or unusual                 www.ntsb.gov, filename A–14–032–
                                             and comment are unnecessary and                         design feature, or should any other                    036.pdf, describes these events.
                                             impracticable, and good cause exists for                model already included on the same                        On July 12, 2013, an event involving
                                             adopting these special conditions upon                  type certificate be modified to                        a non-rechargeable lithium battery in an
                                             publication in the Federal Register. The                incorporate the same novel or unusual                  emergency-locator transmitter
                                             FAA is requesting comments to allow                     design feature, these special conditions               installation demonstrated unanticipated
                                             interested persons to submit views that                 would also apply to the other model                    failure modes. The United Kingdom’s
                                             may not have been submitted in                          under § 21.101.                                        Air Accidents Investigation Branch
                                             response to the prior opportunities for                    In addition to the applicable                       Bulletin S5/2013 describes this event.
                                             comment described above.                                airworthiness regulations and special                     Some known uses of rechargeable and
                                               We invite interested people to take                   conditions, the Model 45 airplane must                 non-rechargeable lithium batteries on
                                             part in this rulemaking by sending                      comply with the fuel-vent and exhaust-                 airplanes include:
                                             written comments, data, or views. The                   emission requirements of 14 CFR part                      • Flight deck and avionics systems
                                             most helpful comments reference a                       34, and the noise-certification                        such as displays, global positioning
                                             specific portion of the special                         requirements of 14 CFR part 36.                        systems, cockpit voice recorders, flight-
                                             conditions, explain the reason for any                     The FAA issues special conditions, as               data recorders, underwater-locator
                                             recommended change, and include                         defined in 14 CFR 11.19, in accordance                 beacons, navigation computers,
                                             supporting data.                                        with § 11.38, and they become part of                  integrated avionics computers, satellite
                                               We will consider all comments we                      the type certification basis under                     network and communication systems,
                                             receive by the closing date for                         § 21.101.                                              communication management units, and
                                             comments. We may change these special                                                                          remote-monitor electronic line-
                                                                                                     Novel or Unusual Design Feature                        replaceable units;
                                             conditions based on the comments we
                                             receive.                                                   The novel or unusual design feature is                 • Cabin safety, entertainment, and
                                                                                                     the installation of non-rechargeable                   communications equipment, including
                                             Background                                              lithium batteries.                                     emergency-locator transmitters, life
                                               Learjet holds type certificate no.                       For the purpose of these special                    rafts, escape slides, seatbelt air bags,
                                             T00008WI, which provides the                            conditions, we refer to a battery and                  cabin-management systems, Ethernet
                                             certification basis for the Model 45                    battery system as a battery. A battery                 switches, routers and media servers,
                                             airplane. The Model 45 airplane is a                    system consists of the battery and any                 wireless systems, internet and in-flight
                                             twin-engine, transport-category                         protective, monitoring, and alerting                   entertainment systems, satellite
                                             airplanes with a passenger seating                      circuitry or hardware inside or outside                televisions, remotes, and handsets;
                                             capacity of 9 and a maximum takeoff                     of the battery. It also includes vents                    • Systems in cargo areas including
                                             weight of 20,500 pounds.                                (where necessary) and packaging.                       door controls, sensors, video-
                                               The FAA is issuing these special                                                                             surveillance equipment, and security
                                                                                                     Discussion
                                             conditions for non-rechargeable lithium                                                                        systems.
                                             battery installations on the Model 45                     The FAA derived the current                             Some known potential hazards and
                                             airplane. The current battery                           regulations governing installation of                  failure modes associated with non-
                                             requirements in title 14, Code of Federal               batteries in transport-category airplanes              rechargeable lithium batteries are:
                                             Regulations (14 CFR) part 25 are                        from Civil Air Regulations (CAR)                          • Internal failures: In general, these
                                             inadequate for addressing an airplane                   4b.625(d), as part of the recodification of            batteries are significantly more
                                             with non-rechargeable lithium batteries.                CAR 4b that established 14 CFR part 25,                susceptible to internal failures that can
                                                                                                     in February 1965. This recodification                  result in self-sustaining increases in
                                             Type Certification Basis                                basically reworded the CAR 4b battery                  temperature and pressure (i.e., thermal
                                               Under the provisions of 14 CFR                        requirements, which are currently in                   runaway) than their nickel-cadmium or
                                             21.101, Learjet must show that the                      § 25.1353(b)(1) through (4). Non-                      lead-acid counterparts. The metallic
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                                             Model 45 airplane meets the applicable                  rechargeable lithium batteries are novel               lithium can ignite, resulting in a self-
                                             provisions of the regulations listed in                 and unusual with respect to the state of               sustaining fire or explosion.
                                             type certificate no. T00008WI or the                    technology considered when these                          • Fast or imbalanced discharging:
                                             applicable regulations in effect on the                 requirements were codified. These                      Fast discharging or an imbalanced
                                             date of application for the change,                     batteries introduce higher energy levels               discharge of one cell of a multi-cell
                                             except for earlier amendments as agreed                 into airplane systems through new                      battery may create an overheating
                                             upon by the FAA. In addition, the                       chemical compositions in various                       condition that results in an


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                                                                Federal Register / Vol. 83, No. 3 / Thursday, January 4, 2018 / Rules and Regulations                                               465

                                             uncontrollable venting condition, which                 means of meeting special conditions                    previously issued. It is unlikely that
                                             in turn leads to a thermal event or an                  nos. 5 and 6 may be the same, but the                  prior public comment would result in a
                                             explosion.                                              requirements are independent and                       significant change from the substance
                                                • Flammability: Unlike nickel-                       address different hazards.                             contained herein. Therefore, the FAA
                                             cadmium and lead-acid batteries,                          These special conditions apply to all                has determined that prior public notice
                                             lithium batteries use higher energy and                 non-rechargeable lithium battery                       and comment are unnecessary and
                                             current in an electrochemical system                    installations in lieu of § 25.1353(b)(1)               impracticable, and good cause exists for
                                             that can be configured to maximize                      through (4) at Amendment 25–123 or                     adopting these special conditions upon
                                             energy storage of lithium. They also use                § 25.1353(c)(1) through (4) at earlier                 publication in the Federal Register. The
                                             liquid electrolytes that can be extremely               amendments. Those regulations remain                   FAA is requesting comments to allow
                                             flammable. The electrolyte, as well as                  in effect for other battery installations.             interested persons to submit views that
                                             the electrodes, can serve as a source of                  These special conditions contain the                 may not have been submitted in
                                             fuel for an external fire if the battery                additional safety standards that the                   response to the prior opportunities for
                                             casing is breached.                                     Administrator considers necessary to                   comment described above.
                                                Special condition no. 1 of these                     establish a level of safety equivalent to
                                             special conditions requires that each                   that established by the existing                       List of Subjects in 14 CFR Part 25
                                             individual cell within a non-                           airworthiness standards.                                 Aircraft, Aviation safety, Reporting
                                             rechargeable lithium battery be designed                                                                       and record keeping requirements.
                                             to maintain safe temperatures and                       Applicability
                                                                                                                                                              The authority citation for these
                                             pressures. Special condition no. 2                         These special conditions are                        special conditions is as follows:
                                             addresses these same issues, but for the                applicable to the Learjet Model 45
                                             entire battery. Special condition no. 2                 airplane. Should Learjet apply at a later                Authority: 49 U.S.C. 106(g), 40113, 44701,
                                             requires that the battery be designed to                date for a change to the type certificate              44702, 44704.
                                             prevent propagation of a thermal event,                 to include another model incorporating                 The Special Conditions
                                             such as self-sustained, uncontrollable                  the same novel or unusual design                         Accordingly, pursuant to the
                                             increases in temperature or pressure                    feature, these special conditions would                authority delegated to me by the
                                             from one cell to adjacent cells.                        apply to that model as well.                           Administrator, the following special
                                                Special conditions nos. 1 and 2 are                     These special conditions are only
                                                                                                                                                            conditions are issued as part of the type
                                             intended to ensure that the non-                        applicable to design changes applied for
                                                                                                                                                            certification basis for the Learjet Model
                                             rechargeable lithium battery and its                    after the effective date.
                                                                                                        These special conditions are not                    45 airplane.
                                             cells are designed to eliminate the
                                             potential for uncontrollable failures.                  applicable to changes to previously                    Non-Rechargeable Lithium Battery
                                             However, a certain number of failures                   certified non-rechargeable lithium                     Installations
                                             will occur due to various factors beyond                battery installations where the only                      In lieu of § 25.1353(b)(1) through (4)
                                             the control of the battery designer.                    change is either cosmetic, or to relocate              at Amendment 25–123 or § 25.1353(c)(1)
                                             Therefore, other special conditions are                 the installation to improve the safety of              through (4) at earlier amendments, each
                                             intended to protect the airplane and its                the airplane and occupants. Previously                 non-rechargeable lithium battery
                                             occupants if failure occurs.                            certified non-rechargeable lithium                     installation must:
                                                Special conditions 3, 7, and 8 are self-             battery installations, as used in this                    1. Be designed to maintain safe cell
                                             explanatory.                                            paragraph, are those installations                     temperatures and pressures under all
                                                Special condition no. 4 makes it clear               approved for certification projects                    foreseeable operating conditions to
                                             that the flammable-fluid fire protection                applied for on or before the effective                 prevent fire and explosion.
                                             requirements of § 25.863 apply to non-                  date of these special conditions. A                       2. Be designed to prevent the
                                             rechargeable lithium battery                            cosmetic change is a change in                         occurrence of self-sustaining,
                                             installations. Section 25.863 is                        appearance only, and does not change                   uncontrollable increases in temperature
                                             applicable to areas of the airplane that                any function or safety characteristic of               or pressure.
                                             could be exposed to flammable-fluid                     the battery installation. These special                   3. Not emit explosive or toxic gases,
                                             leakage from airplane systems. Non-                     conditions are also not applicable to                  either in normal operation or as a result
                                             rechargeable lithium batteries contain                  unchanged, previously certified non-                   of its failure, that may accumulate in
                                             an electrolyte that is a flammable fluid.               rechargeable lithium battery                           hazardous quantities within the
                                                Special condition no. 5 requires that                installations that are affected by a                   airplane.
                                             each non-rechargeable lithium battery                   change in a manner that improves the                      4. Meet the requirements of § 25.863.
                                             installation not damage surrounding                     safety of its installation. The FAA                       5. Not damage surrounding structure
                                             structure or adjacent systems,                          determined that these exclusions are in                or adjacent systems, equipment, or
                                             equipment, or electrical wiring from                    the public interest because the need to                electrical wiring from corrosive fluids or
                                             corrosive fluids or gases that may escape               meet all of the special conditions might               gases that may escape in such a way as
                                             in such a way as to cause a major or                    otherwise deter these design changes                   to cause a major or more severe failure
                                             more severe failure condition.                          that improve safety.                                   condition.
                                                While special condition no. 5                                                                                  6. Have provisions to prevent any
                                             addresses corrosive fluids and gases,                   Conclusion                                             hazardous effect on airplane structure or
                                             special condition no. 6 addresses heat.                   This action affects only certain a                   systems caused by the maximum
                                             Special condition no. 6 requires that                   novel or unusual design feature on one                 amount of heat it can generate due to
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                                             each non-rechargeable lithium battery                   model of airplane. It is not a rule of                 any failure of it or its individual cells.
                                             installation has provisions to prevent                  general applicability.                                    7. Have a failure sensing and warning
                                             any hazardous effect on airplane                          The substance of these special                       system to alert the flightcrew if its
                                             structure or systems caused by the                      conditions has been subjected to the                   failure affects safe operation of the
                                             maximum amount of heat the battery                      notice and comment period in prior                     airplane.
                                             installation can generate due to any                    instances and has been derived without                    8. Have a means for the flightcrew or
                                             failure of it or its individual cells. The              substantive change from those                          maintenance personnel to determine the


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                                             466                Federal Register / Vol. 83, No. 3 / Thursday, January 4, 2018 / Rules and Regulations

                                             battery charge state if the battery’s                   the online instructions for sending your               most helpful comments reference a
                                             function is required for safe operation of              comments electronically.                               specific portion of the special
                                             the airplane.                                              • Mail: Send comments to Docket                     conditions, explain the reason for any
                                                Note: A battery system consists of the               Operations, M–30, U.S. Department of                   recommended change, and include
                                             battery and any protective, monitoring, and             Transportation (DOT), 1200 New Jersey                  supporting data.
                                             alerting circuitry or hardware inside or                Avenue SE, Room W12–140, West                            We will consider all comments we
                                             outside of the battery. It also includes vents          Building Ground Floor, Washington, DC                  receive by the closing date for
                                             (where necessary) and packaging. For the                20590–0001.                                            comments. We may change these special
                                             purpose of these special conditions, a                     • Hand Delivery or Courier: Take                    conditions based on the comments we
                                             ‘‘battery’’ and ‘‘battery system’’ are referred to
                                                                                                     comments to Docket Operations in                       receive.
                                             as a battery.
                                                                                                     Room W12–140 of the West Building
                                                                                                     Ground Floor at 1200 New Jersey                        Background
                                               Issued in Renton, Washington, on
                                             December 28, 2017.                                      Avenue SE, Washington, DC, between 9                      On January 20, 2015, Airbus applied
                                             Suzanne Masterson,                                      a.m. and 5 p.m., Monday through                        for an amendment to Type Certificate
                                             Acting Manager, Transport Standards                     Friday, except Federal holidays.                       No. A46NM to include the new Model
                                             Branch, Policy and Innovation Division,                    • Fax: Fax comments to Docket                       A330–841 (A330–800neo) and A330–
                                             Aircraft Certification Service.                         Operations at 202–493–2251.                            941 (A330–900neo) airplanes,
                                             [FR Doc. 2017–28454 Filed 1–3–18; 8:45 am]                 Privacy: The FAA will post all                      collectively marketed as Model
                                             BILLING CODE 4910–13–P                                  comments it receives, without change,                  A330neo airplanes. These airplanes,
                                                                                                     to http://www.regulations.gov/,                        which are derivatives of the Model
                                                                                                     including any personal information the                 A330–200 and A330–300 airplanes
                                             DEPARTMENT OF TRANSPORTATION                            commenter provides. Using the search                   currently approved under Type
                                                                                                     function of the docket website, anyone                 Certificate No. A46NM, are wide-body,
                                             Federal Aviation Administration                         can find and read the electronic form of               jet-engine airplanes with a maximum
                                                                                                     all comments received into any FAA                     takeoff weight of 533,519 pounds and a
                                             14 CFR Part 25                                          docket, including the name of the                      passenger capacity of 257 (A330–841);
                                             [Docket No. FAA–2017–0483; Special                      individual sending the comment (or                     and a maximum takeoff weight of
                                             Conditions No. 25–708–SC]                               signing the comment for an association,                535,503 pounds and a passenger
                                                                                                     business, labor union, etc.). DOT’s                    capacity of 287 (A330–941).
                                             Special Conditions: Airbus Model                        complete Privacy Act Statement can be
                                             A330–841 and A330–941 (A330neo)                         found in the Federal Register published                Type Certification Basis
                                             Airplanes; Electronic Flight-Control                    on April 11, 2000 (65 FR 19477–19478).                    Under the provisions of title 14, Code
                                             System; Lateral-Directional and                            Docket: Background documents or                     of Federal Regulations (14 CFR) 21.101,
                                             Longitudinal Stability, and Low-Energy                  comments received may be read at                       Airbus must show that the Model
                                             Awareness                                               http://www.regulations.gov/ at any time.               A330neo airplanes meet the applicable
                                             AGENCY:  Federal Aviation                               Follow the online instructions for                     provisions of the regulations listed in
                                             Administration (FAA), DOT.                              accessing the docket or go to Docket                   Type Certificate No. A46NM, or the
                                                                                                     Operations in Room W12–140 of the                      applicable regulations in effect on the
                                             ACTION: Final special conditions; request
                                                                                                     West Building Ground Floor at 1200                     date of application for the change,
                                             for comments.
                                                                                                     New Jersey Avenue SE, Washington,                      except for earlier amendments as agreed
                                             SUMMARY:   These special conditions are                 DC, between 9 a.m. and 5 p.m., Monday                  upon by the FAA.
                                             issued for the Airbus Model A330–841                    through Friday, except Federal holidays.                  If the Administrator finds that the
                                             and A330–941 (A330neo) airplanes.                       FOR FURTHER INFORMATION CONTACT: Paul                  applicable airworthiness regulations
                                             These airplanes will have a novel or                    Giesman, FAA, Airplane and Flight                      (i.e., 14 CFR part 25) do not contain
                                             unusual design feature when compared                    Crew Interface, AIR–671, Transport                     adequate or appropriate safety standards
                                             to the state of technology envisioned in                Standards Branch, Policy and                           for Model A330neo airplanes because of
                                             the airworthiness standards for                         Innovation Division, Aircraft                          a novel or unusual design feature,
                                             transport-category airplanes. This                      Certification Service, 1601 Lind Avenue                special conditions are prescribed under
                                             design feature is low-energy awareness                  SW, Renton, Washington 98057–3356;                     the provisions of § 21.16.
                                             and directional stability with respect to               telephone 425–227–2790; facsimile                         Special conditions are initially
                                             electronic flight-control systems (EFCS).               425–227–1320.                                          applicable to the model for which they
                                             The applicable airworthiness                            SUPPLEMENTARY INFORMATION: The                         are issued. Should the type certificate
                                             regulations do not contain adequate or                  substance of these special conditions                  for that model be amended later to
                                             appropriate safety standards for this                   has been published in the Federal                      include any other model that
                                             design feature. These special conditions                Register for public comment in several                 incorporates the same novel or unusual
                                             contain the additional safety standards                 prior instances with no substantive                    design feature, or should any other
                                             that the Administrator considers                        comments received. The FAA therefore                   model already included on the same
                                             necessary to establish a level of safety                finds it unnecessary to delay the                      type certificate be modified to
                                             equivalent to that established by the                   effective date and finds it unnecessary                incorporate the same novel or unusual
                                             existing airworthiness standards.                       to delay the effective date and finds that             design feature, these special conditions
                                             DATES: This action is effective on Airbus               good cause exists for making these                     would also apply to the other model
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                                             on January 4, 2018. Send your                           special conditions effective upon                      under § 21.101.
                                             comments by February 20, 2018.                          publication in the Federal Register.                      In addition to the applicable
                                             ADDRESSES: Send comments identified                                                                            airworthiness regulations and special
                                                                                                     Comments Invited                                       conditions, the Airbus Model A330neo
                                             by docket number FAA–2017–0483
                                             using any of the following methods:                       We invite interested people to take                  airplanes must comply with the fuel-
                                                • Federal eRegulations Portal: Go to                 part in this rulemaking by sending                     vent and exhaust-emission requirements
                                             http://www.regulations.gov/and follow                   written comments, data, or views. The                  of 14 CFR part 34 and the noise-


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Document Created: 2018-01-04 02:01:51
Document Modified: 2018-01-04 02:01:51
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 Learjet on January 4, 2018. We must receive your comments by February 20, 2018.
ContactNazih Khaouly, Airplane and Flight Crew Interface Branch, AIR-671, Transport Airplane Directorate, Aircraft Certification Service, 1601 Lind Avenue SW, Renton, Washington 98057-3356; telephone 425-227-2432; facsimile 425-227-1149.
FR Citation83 FR 463 
CFR AssociatedAircraft; Aviation Safety and Reporting and Record Keeping Requirements

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