Special Conditions: Learjet Model 35, 35A, 36, and 36A Airplanes; Rechargeable Lithium-Ion Batteries and Battery Systems, 62495-62498 [2013-24727]
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Federal Register / Vol. 78, No. 204 / Tuesday, October 22, 2013 / Proposed Rules
tkelley on DSK3SPTVN1PROD with PROPOSALS
Furthermore, manufacturers expressed
concern that if DOE sets overly stringent
standards for ceiling fans, resulting
increases in product cost could result in
decreased shipments and a
corresponding increase in air
conditioner use by consumers, thereby
potentially negating the energy savings
of the current rulemaking. (Hunter Fan
Company, No. 37 at p. 2)
In light of these comments, DOE
requests information and data from the
public regarding the interaction between
ceiling fans and air conditioning
products. Although DOE welcomes any
relevant data on this topic, section II
(Discussion) presents questions on
which the agency is particularly
interested in receiving public input.
II. Discussion
DOE seeks information from
interested parties on the following
topics regarding the interaction between
consumer use of ceiling fans and airconditioning products. Specifically,
DOE seeks information and data on how
use of a ceiling fan affects the way that
consumers set the thermostat of their
central air conditioner or the frequency
of use of a room air conditioner. Related
questions include:
• What percentage of homes have a
ceiling fan, a central air conditioner,
room air conditioner(s), more than one
of these products, or none of these
products?
• What percentage of consumers who
own both a ceiling fan and an air
conditioner set the thermostat
differently when a ceiling fan is
operating than when a ceiling fan is not
operating?
• What percentage of consumers who
own both a ceiling fan and an air
conditioner leave the thermostat at the
same setting regardless of ceiling fan
operation?
• For those consumers that do adjust
their thermostat due to a ceiling fan,
how much do they adjust the
thermostat, and do they adjust it warmer
or colder?
DOE seeks information and data on
how use of a ceiling fan affects the
operating duration, operating time (e.g.,
time of day or year), and energy
consumption of an air conditioner.
Related questions include:
• Do consumers with both a ceiling
fan and an air conditioner operate their
air conditioner for a different number of
standards for ceiling fans and ceiling fan light kits
(Docket No. EERE–2012–BT–STD–0045), which is
maintained at www.regulations.gov. This notation
indicates that the statement preceding the reference
was made by American Lighting Association, and
the statement appears at page 1 of document
number 39 in the docket.
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hours than consumers that have an air
conditioner but do not have a ceiling
fan? If so, what is the difference in
operating duration?
• Do consumers with both a ceiling
fan and an air conditioner operate their
air conditioner at different times of day
or in different months than consumers
that have an air conditioner but do not
have a ceiling fan? If so, how do these
patterns differ?
• Based on the results to the previous
questions, do consumers with both a
ceiling fan and an air conditioner use a
different amount of energy for air
conditioning than consumers that have
an air conditioner but do not have a
ceiling fan? If so, what is the difference
in energy consumption? Does this
difference in energy consumption vary
by region?
• For the above questions, are there
differences between consumers with
central air conditioners and consumers
with room air conditioners?
DOE seeks information on how ceiling
fan ownership affects consumers’
decisions about purchasing air
conditioning equipment. For example:
• How much more or less likely are
consumers to own or purchase an air
conditioner if they already have a
ceiling fan?
• How much more or less likely are
consumers to own or purchase a ceiling
fan if they already have an air
conditioner?
• Do consumers with a ceiling fan
purchase different numbers or sizes of
air conditioners than consumers
without a ceiling fan? If so, how do
these quantities and sizes vary?
• At what price point would
consumers stop purchasing ceiling fans
and purchase/use air conditioners
instead?
III. Public Participation
DOE is also interested in input on
other relevant issues that participants
believe would affect energy
conservation standards applicable to
ceiling fans. DOE invites all interested
parties to submit in writing by
November 21, 2013, comments,
information, and data on matters
addressed in this notice and on other
related matters relevant to DOE’s
consideration of energy conservation
standards for ceiling fans.
After the close of the comment period,
DOE will begin collecting data,
conducting the analyses, and reviewing
the public comments. These actions will
be taken to aid in the development of
energy conservation standards for
ceiling fans. DOE will remain interested
in these issues after the close of the
comment period on this RFI, and any
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further comments, information, and data
submitted at later stages of the
rulemaking will be considered in the
notice of proposed rulemaking (NOPR).
DOE considers public participation to
be a very important part of the process
for developing energy conservation
standards. DOE actively encourages the
participation and interaction of the
public during the comment period at
each stage of the rulemaking process.
Interactions with and between members
of the public provide a balanced
discussion of the issues and assist DOE
in the rulemaking process. Anyone who
wishes to be added to the DOE mailing
list to receive future notices and
information about this rulemaking
should contact Ms. Brenda Edwards at
(202) 586–2945, or via email at
Brenda.Edwards@ee.doe.gov.
Issued in Washington, DC, on September
30, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
[FR Doc. 2013–24612 Filed 10–21–13; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA–2013–0763; Notice No. 25–
13–07–SC]
Special Conditions: Learjet Model 35,
35A, 36, and 36A Airplanes;
Rechargeable Lithium-Ion Batteries
and Battery Systems
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed special
conditions.
AGENCY:
This action proposes special
conditions for the Learjet Model 35,
35A, 36, and 36A airplanes. These
airplanes, as modified by Peregrine,
13000 E. Control Tower Road, Unit K–
4, Englewood, CO, 80112, will have a
novel or unusual design feature
associated with rechargeable lithiumion batteries and battery systems. These
batteries have certain failure,
operational, and maintenance
characteristics that differ significantly
from those of the nickel-cadmium and
lead-acid rechargeable batteries
currently approved for installation on
large transport-category airplanes. The
applicable airworthiness regulations do
not contain adequate or appropriate
safety standards for this design feature.
SUMMARY:
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Federal Register / Vol. 78, No. 204 / Tuesday, October 22, 2013 / Proposed Rules
These proposed 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: Send your comments on or
before November 12, 2013.
ADDRESSES: Send comments, identified
by docket number FAA–2013–0763,
using any of the following methods:
• Federal eRegulations Portal: Go to
https://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 8
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 https://www.regulations.gov/,
including any personal information the
commenter provides. Using the search
function of the docket Web site, anyone
can find and read the electronic form of
all comments received into any FAA
docket, including the name of the
individual sending the comment (or
signing the comment for an association,
business, labor union, etc.). DOT’s
complete Privacy Act Statement can be
found in the Federal Register published
on April 11, 2000 (65 FR 19477–19478),
as well as at https://DocketsInfo.dot.gov/
.
Docket: Background documents or
comments received may be read at
https://www.regulations.gov/ at any time.
Follow the online instructions for
accessing the docket or go to the 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, FAA, Airplane and
Flight Crew Interface Branch, ANM–
111, Transport Airplane Directorate,
Aircraft Certification Service, 1601 Lind
Avenue SW., Renton, Washington,
98057–3356; telephone 425–227–2432;
facsimile 425–227–1149.
SUPPLEMENTARY INFORMATION:
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Comments Invited
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 on or before the closing date for
comments. We may change these special
conditions based on the comments we
receive.
Background
On June 29, 2012, Peregrine applied
for a supplemental type certificate for
installing equipment that uses
rechargeable lithium-ion battery systems
in Learjet Model 35, 35A, 36, and 36A
airplanes. The Learjet Model 35, 35A,
36, and 36A airplanes are small
transport-category airplanes powered by
two turbojet engines, with maximum
takeoff weights of up to 18,000 pounds.
These airplanes operate with a two-pilot
crew and can seat up to eight
passengers. The Learjet Model 35, 35A,
36, and 36A airplanes are powered by
two Garrett TF731–2–2B engines, and
are equipped with an emergency power
supply and software-configurable
avionics.
Existing airworthiness regulations did
not anticipate the use of lithium-ion
batteries and battery systems on aircraft.
Lithium-ion batteries and battery
systems have new hazards that were not
contemplated when the existing
regulations were issued. In Title 14,
Code of Federal Regulations (14 CFR)
25.1353, the FAA provided an
airworthiness standard for lead-acid
batteries and nickel-cadmium batteries.
These special conditions provide an
equivalent level of safety as that of the
existing regulation. The current
regulations are not adequate for
rechargeable lithium-battery and battery
system installations. Additional
lithium-battery and battery system
special conditions are required to
ensure the same level of safety as set
forth by the existing regulation intended
for other battery technology.
Type Certification Basis
Under the provisions of 14 CFR 21.17,
Peregrine must show that the Learjet
Model 35, 35A, 36, and 36A airplanes,
as changed, continue to meet the
applicable provisions of the regulations
incorporated by reference in Type
Certificate No. A10CE or the applicable
regulations in effect on the date of
application for the change. The
regulations incorporated by reference in
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the type certificate are commonly
referred to as the ‘‘original type
certification basis.’’ The regulations
incorporated by reference in Type
Certificate No. A10CE are as follows:
Title 14, Code of Federal Regulations
part 25, effective February 1, 1965, as
amended by Amendments 25–1, 25–2,
25–4, 25–7, 25–18, and § 25.571(d) of
Amendment 25–10; Special Conditions
set forth in FAA letter to Learjet dated
March 1, 1967; Special Conditions No.
25–50–CE–6 dated April 18, 1973, and
Amendment 1 dated September 18,
1973. The certification basis for Models
35A and 36A also includes Special
Conditions No. 25–72–CE–8 dated
November 3, 1976, and Amendment 1
dated March 14, 1978. The certification
basis for Model 35A, in addition to the
basis listed above, includes Special
Conditions 25–ANM–28 dated May 3,
1989. In addition, the certification basis
includes certain later amended sections
of the applicable part 25 regulations that
are not relevant to these special
conditions.
If the regulations incorporated by
reference do not provide adequate
standards regarding the change, the
applicant must comply with certain
regulations in effect on the date of
application for the change.
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 Learjet Model 35, 35A, 36, and
36A airplanes because of a novel or
unusual design feature, special
conditions are prescribed under the
provisions of § 21.16.
Special conditions are initially
applicable to the model for which they
are issued. Should the applicant apply
for a supplemental type certificate to
modify any other model included on the
same type certificate, to incorporate the
same or similar novel or unusual design
feature, the special conditions would
also apply to the other model under
§ 21.101.
In addition to the applicable
airworthiness regulations and special
conditions, the Learjet Model 35, 35A,
36, and 36A airplanes 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 § 11.38, and they become part of
the type-certification basis under
§ 21.101.
Novel or Unusual Design Features
The Learjet Model 35, 35A, 36, and
36A airplanes will incorporate the
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Federal Register / Vol. 78, No. 204 / Tuesday, October 22, 2013 / Proposed Rules
following novel or unusual design
features: a Mid-Continent MD835–5
Emergency Power Supply that uses a
rechargeable lithium-ion battery and
battery system. Lithium-ion batteries
and battery systems have certain failure,
operational, and maintenance
characteristics that differ significantly
from those of the nickel-cadmium and
lead-acid rechargeable batteries.
Rechargeable lithium-ion batteries and
battery systems are considered to be a
novel or unusual design feature in
transport-category airplanes, with
respect to the requirements in 14 CFR
25.1353.
tkelley on DSK3SPTVN1PROD with PROPOSALS
Discussion
The current regulations governing
installation of batteries in large
transport-category airplanes were
derived from Civil Air Regulations
(CAR) part 4b.625(d) as part of the recodification of CAR 4b that established
14 CFR part 25 in February 1965. The
new battery requirements,
§ 25.1353(c)(1) through (c)(4), basically
reworded the CAR requirements.
Increased use of nickel-cadmium
batteries in small airplanes resulted in
increased incidents of battery fires and
failures which led to additional
rulemaking affecting large transportcategory airplanes as well as small
airplanes. On September 1, 1977 and
March 1, 1978, the FAA issued
§ 25.1353(c)(5) and (c)(6), respectively,
governing nickel-cadmium battery
installations on large transport-category
airplanes.
The proposed use of lithium-ion
batteries and battery systems for
equipment and systems on the Learjet
Model 35, 35A, 36, and 36A airplanes
has prompted the FAA to review the
adequacy of these existing regulations.
Our review indicates that the existing
regulations do not adequately address
several failure, operational, and
maintenance characteristics of lithiumion batteries and battery systems that
could affect the safety and reliability of
the MD835–5 Emergency Power Supply
installations.
At present, commercial aviation has
limited experience with use of
rechargeable lithium-ion batteries and
battery systems in applications
involving commercial aviation.
However, other users of this technology,
ranging from wireless telephone
manufacturers to the electric-vehicle
industry, have noted potential hazards
with lithium-ion batteries and battery
systems. These problems include
overcharging, over-discharging, and
flammability of cell components.
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1. Overcharging
In general, lithium-ion batteries and
battery systems 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. This condition is
especially true for overcharging, which
causes heating and destabilization of the
components of the cell, leading to the
formation (by plating) of highly unstable
metallic lithium. The metallic lithium
can ignite, resulting in a self-sustaining
fire or explosion. Finally, the severity of
thermal runaway, due to overcharging,
increases with increasing battery
capacity due to the higher amount of
electrolyte in large batteries.
2. Over-Discharging
Discharge of some types of lithiumion batteries and battery systems,
beyond a certain voltage (typically 2.4
volts), can cause corrosion of the
electrodes of the cell, resulting in loss
of battery capacity that cannot be
reversed by recharging. This loss of
capacity may not be detected by the
simple voltage measurements
commonly available to flightcrews as a
means of checking battery status—a
problem shared with nickel-cadmium
batteries.
3. Flammability of Cell Components
Unlike nickel-cadmium and lead-acid
batteries, some types of lithium-ion
batteries and battery systems use liquid
electrolytes that are flammable. The
electrolyte can serve as a source of fuel
for an external fire, if there is a breach
of the battery container.
The problems lithium-ion battery and
battery-system users experience raise
concern about the use of these batteries
in commercial aviation. The intent of
the proposed special conditions is to
establish appropriate airworthiness
standards for lithium-ion battery
installations in the Learjet Model 35,
35A, 36, and 36A airplanes and to
ensure, as required by §§ 25.1309 and
25.601, that these lithium-ion batteries
and battery systems are not hazardous
or unreliable. To address these
concerns, these special conditions adopt
the following requirements:
• Those sections of 14 CFR 25.1353
that are applicable to lithium ion
batteries.
• The flammable fluid fire protection
requirements of 14 CFR 25.863. In the
past, this rule was not applied to
batteries of transport category airplanes,
since the electrolytes used in lead-acid
and nickel-cadmium batteries are not
flammable.
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• New requirements to address the
hazards of overcharging and overdischarging that are unique to lithium
ion batteries.
• New maintenance requirements to
ensure that batteries used as spares are
maintained in an appropriate state of
charge.
These special conditions are similar
to lithium-ion batteries and battery
systems special conditions adopted for
numerous other aircraft, including
Boeing Model 787 (72FR57842; October
11, 2007).
Applicability
As discussed above, these special
conditions are applicable to the Learjet
Model 35, 35A, 36, and 36A airplanes.
Should Peregrine apply at a later date
for a supplemental type certificate to
modify any other model included on
Type Certificate No. A10CE, to
incorporate the same novel or unusual
design feature, the special conditions
would apply to that model as well.
Conclusion
This action affects only certain novel
or unusual design features on one model
of airplanes. It is not a rule of general
applicability and it affects only the
applicant who applied to the FAA for
approval of these features on the
airplane.
List of Subjects in 14 CFR Part 25
Aircraft, Aviation safety, Reporting
and recordkeeping requirements.
The authority citation for these
special conditions is as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701,
44702, 44704.
The Proposed Special Conditions
Accordingly, the Federal Aviation
Administration (FAA) proposes the
following special conditions as part of
the type certification basis for the
Learjet Model 35, 35A, 36, and 36A
airplanes modified by Peregrine.
These proposed special conditions
require that (1) all characteristics of the
rechargeable lithium-ion batteries and
battery systems, and their installation,
that could affect safe operation of the
Learjet Model 35, 35A, 36, and 36A
airplanes, are addressed, and (2)
appropriate Instructions for Continued
Airworthiness, which include
maintenance requirements, are
established to ensure the availability of
electrical power, when needed, from the
batteries.
The FAA proposes that the following
special conditions apply to all
rechargeable lithium-ion batteries and
battery systems on Learjet Model 35,
35A, 36, and 36A airplanes, in lieu of
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Federal Register / Vol. 78, No. 204 / Tuesday, October 22, 2013 / Proposed Rules
the requirements of § 25.1353(b)(1)
through (b)(4) at Amendment 25–113:
Rechargeable lithium-ion batteries
and battery systems on Learjet Model
35, 35A, 36, and 36A airplanes must be
designed and installed as follows:
1. Safe cell temperatures and
pressures must be maintained during
any foreseeable charging or discharging
condition, and during any failure of the
charging or battery monitoring system
not shown to be extremely remote. The
rechargeable lithium-ion batteries and
battery systems must preclude
explosion in the event of those failures.
2. Design of the rechargeable lithiumion batteries and battery systems must
preclude the occurrence of selfsustaining, uncontrolled increases in
temperature or pressure.
3. No explosive or toxic gases emitted
by any rechargeable lithium-ion
batteries and battery systems in normal
operation, or as the result of any failure
of the battery charging system,
monitoring system, or battery
installation that is not shown to be
extremely remote, may accumulate in
hazardous quantities within the
airplane.
4. Installations of rechargeable
lithium-ion batteries and battery
systems must meet the requirements of
§ 25.863(a) through (d).
5. No corrosive fluids or gases that
may escape from any lithium-ion
batteries and battery systems may
damage surrounding structure or any
adjacent systems, equipment, or
electrical wiring of the airplane in such
a way as to cause a major or more severe
failure condition, in accordance with
§ 25.1309(b) and applicable regulatory
guidance.
6. Each lithium-ion battery and
battery system must have provisions to
prevent any hazardous effect on
structure or essential systems caused by
the maximum amount of heat the
battery can generate during a short
circuit of the battery or of its individual
cells.
7. Rechargeable lithium-ion batteries
and battery systems must have a system
to automatically control the charging
rate of the battery, so as to prevent
battery overheating or overcharging,
and:
i. A battery-temperature sensing and
over-temperature warning system with a
means for automatically disconnecting
the battery from its charging source in
the event of an over-temperature
condition, or,
ii. A battery-failure sensing and
warning system with a means for
automatically disconnecting the battery
from its charging source in the event of
battery failure.
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8. Any rechargeable lithium-ion
batteries and battery systems, the
function of which are required for safe
operation of the airplane, must
incorporate a monitoring and warning
feature that will provide an indication
to the appropriate flight crewmembers
whenever the state-of-charge of the
batteries has fallen below levels
considered acceptable for dispatch of
the airplane.
9. The Instructions for Continued
Airworthiness required by § 25.1529
must contain maintenance requirements
to assure that the lithium-ion batteries
are sufficiently charged at appropriate
intervals specified by the battery
manufacturer and the equipment
manufacturer of the rechargeable
lithium-ion battery or rechargeable
lithium-ion battery system. This is
required to ensure that rechargeable
lithium-ion batteries and battery
systems will not degrade below
specified ampere-hour levels sufficient
to power the aircraft system, for
intended applications. The Instructions
for Continued Airworthiness must also
contain procedures for the maintenance
of batteries in spares storage to prevent
the replacement of batteries with
batteries that have experienced
degraded charge-retention ability or
other damage due to prolonged storage
at a low state of charge. Replacement
batteries must be of the same
manufacturer and part number as
approved by the FAA. Precautions
should be included in the Instructions
for Continued Airworthiness
maintenance instructions to prevent
mishandling of the rechargeable
lithium-ion batteries and battery
systems, which could result in shortcircuit or other unintentional impact
damage caused by dropping or other
destructive means.
Note 1: The term ‘‘sufficiently charged’’’
means that the battery will retain enough of
a charge, expressed in ampere-hours, to
ensure that the battery cells will not be
damaged. A battery cell may be damaged by
lowering the charge below a point where the
battery experiences a reduction in the ability
to charge and retain a full charge. This
reduction would be greater than the
reduction that may result from normal
operational degradation.
Note 2: These special conditions are not
intended to replace § 25.1353(b) at
Amendment 25–113 in the certification basis
for Learjet Model 35, 35A, 36, and 36A
airplanes. These special conditions apply
only to rechargeable lithium-ion batteries and
battery systems and their installations. The
requirements of § 25.1353(b) at Amendment
25–113 remain in effect for batteries and
battery installations on Learjet Model 35,
35A, 36, and 36A airplanes that do not use
rechargeable lithium-ion batteries.
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Issued in Renton, Washington, on
September 19, 2013.
Ross Landes,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2013–24727 Filed 10–21–13; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2013–0708; Airspace
Docket No. 13–AWP–11]
Proposed Establishment of Class E
Airspace, Amendment of Class D and
Class E Airspace, and Revocation of
Class E Airspace; Salinas, CA
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
This action proposes to
establish Class E airspace and modify
Class E airspace at Salinas, CA, to
accommodate aircraft departing and
arriving under Instrument Flight Rules
(IFR) at Salinas Municipal Airport. This
action also would remove Class E
airspace designated as surface area. The
geographic coordinates of the airport
also would be adjusted in the respective
Class D and Class E airspace areas. This
action, initiated by the biennial review
of the Salinas airspace area, would
enhance the safety and management of
aircraft operations at the airport.
DATES: Comments must be received on
or before December 6, 2013.
ADDRESSES: Send comments on this
proposal to the U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590; telephone (202)
366–9826. You must identify FAA
Docket No. FAA–2013–0708; Airspace
Docket No. 13–AWP–11, at the
beginning of your comments. You may
also submit comments through the
Internet at
https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Eldon Taylor, Federal Aviation
Administration, Operations Support
Group, Western Service Center, 1601
Lind Avenue SW., Renton, WA 98057;
telephone (425) 203–4537.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Comments Invited
Interested parties are invited to
participate in this proposed rulemaking
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Agencies
[Federal Register Volume 78, Number 204 (Tuesday, October 22, 2013)]
[Proposed Rules]
[Pages 62495-62498]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-24727]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA-2013-0763; Notice No. 25-13-07-SC]
Special Conditions: Learjet Model 35, 35A, 36, and 36A Airplanes;
Rechargeable Lithium-Ion Batteries and Battery Systems
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed special conditions.
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SUMMARY: This action proposes special conditions for the Learjet Model
35, 35A, 36, and 36A airplanes. These airplanes, as modified by
Peregrine, 13000 E. Control Tower Road, Unit K-4, Englewood, CO, 80112,
will have a novel or unusual design feature associated with
rechargeable lithium-ion batteries and battery systems. These batteries
have certain failure, operational, and maintenance characteristics that
differ significantly from those of the nickel-cadmium and lead-acid
rechargeable batteries currently approved for installation on large
transport-category airplanes. The applicable airworthiness regulations
do not contain adequate or appropriate safety standards for this design
feature.
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These proposed 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: Send your comments on or before November 12, 2013.
ADDRESSES: Send comments, identified by docket number FAA-2013-0763,
using any of the following methods:
Federal eRegulations Portal: Go to https://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 8 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 https://www.regulations.gov/, including any personal
information the commenter provides. Using the search function of the
docket Web site, anyone can find and read the electronic form of all
comments received into any FAA docket, including the name of the
individual sending the comment (or signing the comment for an
association, business, labor union, etc.). DOT's complete Privacy Act
Statement can be found in the Federal Register published on April 11,
2000 (65 FR 19477-19478), as well as at https://DocketsInfo.dot.gov/.
Docket: Background documents or comments received may be read at
https://www.regulations.gov/ at any time. Follow the online instructions
for accessing the docket or go to the 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, FAA, Airplane and
Flight Crew Interface Branch, ANM-111, Transport Airplane Directorate,
Aircraft Certification Service, 1601 Lind Avenue SW., Renton,
Washington, 98057-3356; telephone 425-227-2432; facsimile 425-227-1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
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 on or before the closing
date for comments. We may change these special conditions based on the
comments we receive.
Background
On June 29, 2012, Peregrine applied for a supplemental type
certificate for installing equipment that uses rechargeable lithium-ion
battery systems in Learjet Model 35, 35A, 36, and 36A airplanes. The
Learjet Model 35, 35A, 36, and 36A airplanes are small transport-
category airplanes powered by two turbojet engines, with maximum
takeoff weights of up to 18,000 pounds. These airplanes operate with a
two-pilot crew and can seat up to eight passengers. The Learjet Model
35, 35A, 36, and 36A airplanes are powered by two Garrett TF731-2-2B
engines, and are equipped with an emergency power supply and software-
configurable avionics.
Existing airworthiness regulations did not anticipate the use of
lithium-ion batteries and battery systems on aircraft. Lithium-ion
batteries and battery systems have new hazards that were not
contemplated when the existing regulations were issued. In Title 14,
Code of Federal Regulations (14 CFR) 25.1353, the FAA provided an
airworthiness standard for lead-acid batteries and nickel-cadmium
batteries. These special conditions provide an equivalent level of
safety as that of the existing regulation. The current regulations are
not adequate for rechargeable lithium-battery and battery system
installations. Additional lithium-battery and battery system special
conditions are required to ensure the same level of safety as set forth
by the existing regulation intended for other battery technology.
Type Certification Basis
Under the provisions of 14 CFR 21.17, Peregrine must show that the
Learjet Model 35, 35A, 36, and 36A airplanes, as changed, continue to
meet the applicable provisions of the regulations incorporated by
reference in Type Certificate No. A10CE or the applicable regulations
in effect on the date of application for the change. The regulations
incorporated by reference in the type certificate are commonly referred
to as the ``original type certification basis.'' The regulations
incorporated by reference in Type Certificate No. A10CE are as follows:
Title 14, Code of Federal Regulations part 25, effective February
1, 1965, as amended by Amendments 25-1, 25-2, 25-4, 25-7, 25-18, and
Sec. 25.571(d) of Amendment 25-10; Special Conditions set forth in FAA
letter to Learjet dated March 1, 1967; Special Conditions No. 25-50-CE-
6 dated April 18, 1973, and Amendment 1 dated September 18, 1973. The
certification basis for Models 35A and 36A also includes Special
Conditions No. 25-72-CE-8 dated November 3, 1976, and Amendment 1 dated
March 14, 1978. The certification basis for Model 35A, in addition to
the basis listed above, includes Special Conditions 25-ANM-28 dated May
3, 1989. In addition, the certification basis includes certain later
amended sections of the applicable part 25 regulations that are not
relevant to these special conditions.
If the regulations incorporated by reference do not provide
adequate standards regarding the change, the applicant must comply with
certain regulations in effect on the date of application for the
change.
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 Learjet Model 35, 35A, 36, and 36A
airplanes 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 model for which
they are issued. Should the applicant apply for a supplemental type
certificate to modify any other model included on the same type
certificate, to incorporate the same or similar novel or unusual design
feature, the special conditions would also apply to the other model
under Sec. 21.101.
In addition to the applicable airworthiness regulations and special
conditions, the Learjet Model 35, 35A, 36, and 36A airplanes 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 Features
The Learjet Model 35, 35A, 36, and 36A airplanes will incorporate
the
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following novel or unusual design features: a Mid-Continent MD835-5
Emergency Power Supply that uses a rechargeable lithium-ion battery and
battery system. Lithium-ion batteries and battery systems have certain
failure, operational, and maintenance characteristics that differ
significantly from those of the nickel-cadmium and lead-acid
rechargeable batteries. Rechargeable lithium-ion batteries and battery
systems are considered to be a novel or unusual design feature in
transport-category airplanes, with respect to the requirements in 14
CFR 25.1353.
Discussion
The current regulations governing installation of batteries in
large transport-category airplanes were derived from Civil Air
Regulations (CAR) part 4b.625(d) as part of the re-codification of CAR
4b that established 14 CFR part 25 in February 1965. The new battery
requirements, Sec. 25.1353(c)(1) through (c)(4), basically reworded
the CAR requirements.
Increased use of nickel-cadmium batteries in small airplanes
resulted in increased incidents of battery fires and failures which led
to additional rulemaking affecting large transport-category airplanes
as well as small airplanes. On September 1, 1977 and March 1, 1978, the
FAA issued Sec. 25.1353(c)(5) and (c)(6), respectively, governing
nickel-cadmium battery installations on large transport-category
airplanes.
The proposed use of lithium-ion batteries and battery systems for
equipment and systems on the Learjet Model 35, 35A, 36, and 36A
airplanes has prompted the FAA to review the adequacy of these existing
regulations. Our review indicates that the existing regulations do not
adequately address several failure, operational, and maintenance
characteristics of lithium-ion batteries and battery systems that could
affect the safety and reliability of the MD835-5 Emergency Power Supply
installations.
At present, commercial aviation has limited experience with use of
rechargeable lithium-ion batteries and battery systems in applications
involving commercial aviation. However, other users of this technology,
ranging from wireless telephone manufacturers to the electric-vehicle
industry, have noted potential hazards with lithium-ion batteries and
battery systems. These problems include overcharging, over-discharging,
and flammability of cell components.
1. Overcharging
In general, lithium-ion batteries and battery systems 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. This
condition is especially true for overcharging, which causes heating and
destabilization of the components of the cell, leading to the formation
(by plating) of highly unstable metallic lithium. The metallic lithium
can ignite, resulting in a self-sustaining fire or explosion. Finally,
the severity of thermal runaway, due to overcharging, increases with
increasing battery capacity due to the higher amount of electrolyte in
large batteries.
2. Over-Discharging
Discharge of some types of lithium-ion batteries and battery
systems, beyond a certain voltage (typically 2.4 volts), can cause
corrosion of the electrodes of the cell, resulting in loss of battery
capacity that cannot be reversed by recharging. This loss of capacity
may not be detected by the simple voltage measurements commonly
available to flightcrews as a means of checking battery status--a
problem shared with nickel-cadmium batteries.
3. Flammability of Cell Components
Unlike nickel-cadmium and lead-acid batteries, some types of
lithium-ion batteries and battery systems use liquid electrolytes that
are flammable. The electrolyte can serve as a source of fuel for an
external fire, if there is a breach of the battery container.
The problems lithium-ion battery and battery-system users
experience raise concern about the use of these batteries in commercial
aviation. The intent of the proposed special conditions is to establish
appropriate airworthiness standards for lithium-ion battery
installations in the Learjet Model 35, 35A, 36, and 36A airplanes and
to ensure, as required by Sec. Sec. 25.1309 and 25.601, that these
lithium-ion batteries and battery systems are not hazardous or
unreliable. To address these concerns, these special conditions adopt
the following requirements:
Those sections of 14 CFR 25.1353 that are applicable to
lithium ion batteries.
The flammable fluid fire protection requirements of 14 CFR
25.863. In the past, this rule was not applied to batteries of
transport category airplanes, since the electrolytes used in lead-acid
and nickel-cadmium batteries are not flammable.
New requirements to address the hazards of overcharging
and over-discharging that are unique to lithium ion batteries.
New maintenance requirements to ensure that batteries used
as spares are maintained in an appropriate state of charge.
These special conditions are similar to lithium-ion batteries and
battery systems special conditions adopted for numerous other aircraft,
including Boeing Model 787 (72FR57842; October 11, 2007).
Applicability
As discussed above, these special conditions are applicable to the
Learjet Model 35, 35A, 36, and 36A airplanes. Should Peregrine apply at
a later date for a supplemental type certificate to modify any other
model included on Type Certificate No. A10CE, to incorporate the same
novel or unusual design feature, the special conditions would apply to
that model as well.
Conclusion
This action affects only certain novel or unusual design features
on one model of airplanes. It is not a rule of general applicability
and it affects only the applicant who applied to the FAA for approval
of these features on the airplane.
List of Subjects in 14 CFR Part 25
Aircraft, Aviation safety, Reporting and recordkeeping
requirements.
The authority citation for these special conditions is as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704.
The Proposed Special Conditions
Accordingly, the Federal Aviation Administration (FAA) proposes the
following special conditions as part of the type certification basis
for the Learjet Model 35, 35A, 36, and 36A airplanes modified by
Peregrine.
These proposed special conditions require that (1) all
characteristics of the rechargeable lithium-ion batteries and battery
systems, and their installation, that could affect safe operation of
the Learjet Model 35, 35A, 36, and 36A airplanes, are addressed, and
(2) appropriate Instructions for Continued Airworthiness, which include
maintenance requirements, are established to ensure the availability of
electrical power, when needed, from the batteries.
The FAA proposes that the following special conditions apply to all
rechargeable lithium-ion batteries and battery systems on Learjet Model
35, 35A, 36, and 36A airplanes, in lieu of
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the requirements of Sec. 25.1353(b)(1) through (b)(4) at Amendment 25-
113:
Rechargeable lithium-ion batteries and battery systems on Learjet
Model 35, 35A, 36, and 36A airplanes must be designed and installed as
follows:
1. Safe cell temperatures and pressures must be maintained during
any foreseeable charging or discharging condition, and during any
failure of the charging or battery monitoring system not shown to be
extremely remote. The rechargeable lithium-ion batteries and battery
systems must preclude explosion in the event of those failures.
2. Design of the rechargeable lithium-ion batteries and battery
systems must preclude the occurrence of self-sustaining, uncontrolled
increases in temperature or pressure.
3. No explosive or toxic gases emitted by any rechargeable lithium-
ion batteries and battery systems in normal operation, or as the result
of any failure of the battery charging system, monitoring system, or
battery installation that is not shown to be extremely remote, may
accumulate in hazardous quantities within the airplane.
4. Installations of rechargeable lithium-ion batteries and battery
systems must meet the requirements of Sec. 25.863(a) through (d).
5. No corrosive fluids or gases that may escape from any lithium-
ion batteries and battery systems may damage surrounding structure or
any adjacent systems, equipment, or electrical wiring of the airplane
in such a way as to cause a major or more severe failure condition, in
accordance with Sec. 25.1309(b) and applicable regulatory guidance.
6. Each lithium-ion battery and battery system must have provisions
to prevent any hazardous effect on structure or essential systems
caused by the maximum amount of heat the battery can generate during a
short circuit of the battery or of its individual cells.
7. Rechargeable lithium-ion batteries and battery systems must have
a system to automatically control the charging rate of the battery, so
as to prevent battery overheating or overcharging, and:
i. A battery-temperature sensing and over-temperature warning
system with a means for automatically disconnecting the battery from
its charging source in the event of an over-temperature condition, or,
ii. A battery-failure sensing and warning system with a means for
automatically disconnecting the battery from its charging source in the
event of battery failure.
8. Any rechargeable lithium-ion batteries and battery systems, the
function of which are required for safe operation of the airplane, must
incorporate a monitoring and warning feature that will provide an
indication to the appropriate flight crewmembers whenever the state-of-
charge of the batteries has fallen below levels considered acceptable
for dispatch of the airplane.
9. The Instructions for Continued Airworthiness required by Sec.
25.1529 must contain maintenance requirements to assure that the
lithium-ion batteries are sufficiently charged at appropriate intervals
specified by the battery manufacturer and the equipment manufacturer of
the rechargeable lithium-ion battery or rechargeable lithium-ion
battery system. This is required to ensure that rechargeable lithium-
ion batteries and battery systems will not degrade below specified
ampere-hour levels sufficient to power the aircraft system, for
intended applications. The Instructions for Continued Airworthiness
must also contain procedures for the maintenance of batteries in spares
storage to prevent the replacement of batteries with batteries that
have experienced degraded charge-retention ability or other damage due
to prolonged storage at a low state of charge. Replacement batteries
must be of the same manufacturer and part number as approved by the
FAA. Precautions should be included in the Instructions for Continued
Airworthiness maintenance instructions to prevent mishandling of the
rechargeable lithium-ion batteries and battery systems, which could
result in short-circuit or other unintentional impact damage caused by
dropping or other destructive means.
Note 1: The term ``sufficiently charged''' means that the
battery will retain enough of a charge, expressed in ampere-hours,
to ensure that the battery cells will not be damaged. A battery cell
may be damaged by lowering the charge below a point where the
battery experiences a reduction in the ability to charge and retain
a full charge. This reduction would be greater than the reduction
that may result from normal operational degradation.
Note 2: These special conditions are not intended to replace
Sec. 25.1353(b) at Amendment 25-113 in the certification basis for
Learjet Model 35, 35A, 36, and 36A airplanes. These special
conditions apply only to rechargeable lithium-ion batteries and
battery systems and their installations. The requirements of Sec.
25.1353(b) at Amendment 25-113 remain in effect for batteries and
battery installations on Learjet Model 35, 35A, 36, and 36A
airplanes that do not use rechargeable lithium-ion batteries.
Issued in Renton, Washington, on September 19, 2013.
Ross Landes,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-24727 Filed 10-21-13; 8:45 am]
BILLING CODE 4910-13-P