Special Conditions: Dassault Aviation, Model Falcon 7X Airplane; Non-Rechargeable Lithium Battery Installations, 2526-2529 [2018-00716]
Download as PDF
<![CDATA[
2526
Federal Register / Vol. 83, No. 12 / Thursday, January 18, 2018 / Rules and Regulations
exists to make this rule effective upon
publication of this notice.
List of Subjects in 10 CFR Part 50
Administrative practice and
procedure, Antitrust, Classified
information, Criminal penalties,
Education, Fire prevention, Fire
protection, Incorporation by reference,
Intergovernmental relations, Nuclear
power plants and reactors, Penalties,
Radiation protection, Reactor siting
criteria, Reporting and recordkeeping
requirements, Whistleblowing.
For the reasons set out in the
preamble and under the authority of the
Atomic Energy Act of 1954, as amended;
the Energy Reorganization Act of 1974,
as amended; and 5 U.S.C. 552 and 553,
the NRC is adopting the following
amendments to 10 CFR part 50:
PART 50—DOMESTIC LICENSING OF
PRODUCTION AND UTILIZATION
FACILITIES
1. The authority citation for part 50
continues to read as follows:
■
Authority: Atomic Energy Act of 1954,
secs. 11, 101, 102, 103, 104, 105, 108, 122,
147, 149, 161, 181, 182, 183, 184, 185, 186,
187, 189, 223, 234 (42 U.S.C. 2014, 2131,
2132, 2133, 2134, 2135, 2138, 2152, 2167,
2169, 2201, 2231, 2232, 2233, 2234, 2235,
2236, 2237, 2239, 2273, 2282); Energy
Reorganization Act of 1974, secs. 201, 202,
206, 211 (42 U.S.C. 5841, 5842, 5846, 5851);
Nuclear Waste Policy Act of 1982, sec. 306
(42 U.S.C. 10226); National Environmental
Policy Act of 1969 (42 U.S.C. 4332); 44 U.S.C.
3504 note; Sec. 109, Pub. L. 96–295, 94 Stat.
783.
2. Amend § 50.55a by revising
paragraph (b)(2)(xviii)(D) and the
introductory text of paragraph (b)(3)(iv)
to read as follows:
■
§ 50.55a
Codes and standards.
sradovich on DSK3GMQ082PROD with RULES
*
*
*
*
*
(b) * * *
(2) * * *
(xviii) * * *
(D) NDE personnel certification:
Fourth provision. The use of Appendix
VII, Table VII–4110–1 and Appendix
VIII, Subarticle VIII–2200 of the 2011
Addenda and 2013 Edition of Section XI
of the ASME BPV Code is prohibited.
When using ASME BPV Code, Section
XI editions and addenda later than the
2010 Edition, licensees and applicants
must use the prerequisites for ultrasonic
examination personnel certifications in
Appendix VII, Table VII–4110–1 and
Appendix VIII, Subarticle VIII–2200 in
the 2010 Edition.
*
*
*
*
*
(3) * * *
(iv) OM condition: Check valves
(Appendix II). Licensees applying
VerDate Sep<11>2014
15:51 Jan 17, 2018
Jkt 244001
Appendix II, ‘‘Check Valve Condition
Monitoring Program,’’ of the ASME OM
Code, 1995 Edition with the 1996 and
1997 Addenda, shall satisfy the
requirements of paragraphs (b)(3)(iv)(A)
through (C) of this section. Licensees
applying Appendix II, 1998 Edition
through the 2002 Addenda, shall satisfy
the requirements of paragraphs
(b)(3)(iv)(A), (B), and (D) of this section.
Appendix II of the ASME OM Code,
2003 Addenda through the 2012
Edition, is acceptable for use with the
following requirements. Trending and
evaluation shall support the
determination that the valve or group of
valves is capable of performing its
intended function(s) over the entire
interval. At least one of the Appendix II
condition monitoring activities for a
valve group shall be performed on each
valve of the group at approximate equal
intervals not to exceed the maximum
interval shown in the following table:
Final special conditions; request
for comment.
ACTION:
These special conditions are
issued for non-rechargeable lithium
battery installations on the Dassault
Aviation (Dassault) Model Falcon 7X
airplane. Non-rechargeable lithium
batteries are a novel or unusual design
feature when compared to the state of
technology envisioned in the
airworthiness standards for transport
category airplanes. The applicable
airworthiness regulations do not contain
adequate or appropriate safety standards
for this design feature. These special
conditions contain the additional safety
standards that the Administrator
considers necessary to establish a level
of safety equivalent to that established
by the existing airworthiness standards.
DATES: This action is effective on
Dassault Aviation on January 18, 2018.
Send your comments by March 5, 2018.
ADDRESSES: Send comments identified
TABLE II—MAXIMUM INTERVALS FOR by docket number FAA–2017–1140
USE WHEN APPLYING INTERVAL EX- using any of the following methods:
• Federal eRegulations Portal: Go to
TENSIONS
https://www.regulations.gov/ and follow
the online instructions for sending your
Maximum
comments electronically.
Maximum interval
interval
• Mail: Send comments to Docket
between activities
between
Group
of member valves
activities of
Operations, M–30, U.S. Department of
size
in the groups
each valve in
Transportation (DOT), 1200 New Jersey
(years)
the group
Avenue SE, Room W12–140, West
(years)
Building Ground Floor, Washington, DC
≥4 ..... 4.5 ..........................
16 20590–0001.
• Hand Delivery or Courier: Take
3 ....... 4.5 ..........................
12
2 ....... 6 .............................
12 comments to Docket Operations in
1 ....... Not applicable ........
10 Room W12–140 of the West Building
Ground Floor at 1200 New Jersey
*
*
*
*
*
Avenue SE, Washington, DC, between 9
Dated at Rockville, Maryland, this 10th day a.m. and 5 p.m., Monday through
of January, 2018.
Friday, except Federal holidays.
• Fax: Fax comments to Docket
For the Nuclear Regulatory Commission.
Operations at 202–493–2251.
Cindy Bladey,
Privacy: The FAA will post all
Chief, Regulatory Analysis and Rulemaking
comments it receives, without change,
Support Branch, Division of Rulemaking,
to https://www.regulations.gov/,
Office of Nuclear Material Safety and
including any personal information the
Safeguards.
commenter provides. Using the search
[FR Doc. 2018–00708 Filed 1–17–18; 8:45 am]
function of the docket website, anyone
BILLING CODE 7590–01–P
can find and read the electronic form of
all comments received into any FAA
DEPARTMENT OF TRANSPORTATION docket, including the name of the
individual sending the comment (or
signing the comment for an association,
Federal Aviation Administration
business, labor union, etc.). DOT’s
complete Privacy Act Statement can be
14 CFR Part 25
found in the Federal Register published
[Docket No. FAA–2017–1140; Special
on April 11, 2000 (65 FR 19477–19478).
Conditions No. 25–711–SC]
Docket: Background documents or
Special Conditions: Dassault Aviation, comments received may be read at
https://www.regulations.gov/ at any time.
Model Falcon 7X Airplane; NonFollow the online instructions for
Rechargeable Lithium Battery
accessing the docket or go to Docket
Installations
Operations in Room W12–140 of the
AGENCY: Federal Aviation
West Building Ground Floor at 1200
Administration (FAA), DOT.
New Jersey Avenue SE, Washington,
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
SUMMARY:
E:\FR\FM\18JAR1.SGM
18JAR1
Federal Register / Vol. 83, No. 12 / Thursday, January 18, 2018 / Rules and Regulations
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Nazih Khaouly, Airplane and Flight
Crew Interface Section, AIR–671,
Transport Standards Branch, Policy and
Innovation Division, Aircraft
Certification Service, 1601 Lind Avenue
SW, Renton, Washington 98057–3356;
telephone 425–227–2432; facsimile
425–227–1149.
SUPPLEMENTARY INFORMATION:
sradovich on DSK3GMQ082PROD with RULES
Future Requests for Installation of NonRechargeable Lithium Batteries
The FAA anticipates that nonrechargeable lithium batteries will be
installed in most makes and models of
transport category airplanes. We intend
to require special conditions for
certification projects involving nonrechargeable 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 nonrechargeable lithium batteries in
certification projects is not always
immediately identifiable, since the
battery itself may not be the focus of the
project. Meanwhile, the inclusion of
these batteries has become virtually
ubiquitous on in-production transport
category airplanes, which shows that
there will be a need for these special
conditions. Also, delaying the issuance
of special conditions until after each
design application is received could
lead to costly certification delays.
Therefore, the FAA finds it necessary to
issue special conditions applicable to
these battery installations on particular
makes and models of aircraft.
On April 22, 2016, the FAA published
special conditions no. 25–612–SC in the
Federal Register (81 FR 23573)
applicable to Gulfstream Aerospace
Corporation for the GVI airplane. Those
were the first special conditions the
FAA issued for non-rechargeable
lithium battery installations. We
explained in that document our
decision to make those special
conditions effective one year after
publication in the Federal Register,
which is April 22, 2017. In those special
conditions, the FAA stated its intention
to apply non-rechargeable lithium
battery special conditions to design
VerDate Sep<11>2014
15:51 Jan 17, 2018
Jkt 244001
changes on other makes and models
applied for after this same date.
Section 1205 of the FAA
Reauthorization Act of 1996 requires the
FAA to consider the extent to which
Alaska is not served by transportation
modes other than aviation and to
establish appropriate regulatory
distinctions when modifying
airworthiness regulations that affect
intrastate aviation in Alaska. In
consideration of this requirement and
the overall impact on safety, the FAA
does not intend to require nonrechargeable lithium battery special
conditions for design changes that only
replace a 121.5 megahertz (MHz)
emergency locator transmitter (ELT)
with a 406 MHz ELT that meets
Technical Standard Order C126b, or
later revision, on transport airplanes
operating only in Alaska. This will
support our efforts of encouraging
operators in Alaska to upgrade to a 406
MHz ELT. These ELTs provide
significantly improved accuracy for
lifesaving services to locate an accident
site in Alaskan terrain. The FAA
considers that the safety benefits from
upgrading to a 406 MHz ELT for
Alaskan operations will outweigh the
battery fire risk.
Comments Invited
The substance of these special
conditions previously has been
published in the Federal Register for
public comment. These special
conditions have been derived without
substantive change from those
previously issued. It is unlikely that
prior public comment would result in a
significant change from the substance
contained herein. Therefore, the FAA
has determined that prior public notice
and comment are unnecessary, and
finds that, for the same reason, good
cause exists for adopting these special
conditions upon publication in the
Federal Register.
The FAA is requesting comments to
allow interested persons to submit
views that may not have been submitted
in response to the prior opportunities
for comment described above. We invite
interested people to take part in this
rulemaking by sending written
comments, data, or views. The most
helpful comments reference a specific
portion of the special conditions,
explain the reason for any
recommended change, and include
supporting data.
We will consider all comments we
receive by the closing date for
comments. We may change these special
conditions based on the comments we
receive.
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
2527
Background
Dassault holds type certificate no.
A59NM, which provides the
certification basis for the Model Falcon
7X airplane. The Dassault Model Falcon
7X airplane is a twin engine, transport
category airplane with a passenger
seating capacity of 19 and a maximum
takeoff weight of 70,000 to 73,000
pounds, depending on the specific
design.
The FAA is issuing these special
conditions for non-rechargeable lithium
battery installations on the Dassault
Model Falcon 7X airplane. The current
battery requirements in title 14, Code of
Federal Regulations (14 CFR) part 25 are
inadequate for addressing an airplane
with non-rechargeable lithium batteries.
Type Certification Basis
Under the provisions of 14 CFR
21.101, Dassault must show that the
Model Falcon 7X airplane meets the
applicable provisions of the regulations
listed in type certificate no. A59NM or
the applicable regulations in effect on
the date of application for the change,
except for earlier amendments as agreed
upon by the FAA. In addition, the
certification basis includes certain
special conditions, exemptions, or later
amended sections that are not relevant
to these special conditions.
If the Administrator finds that the
applicable airworthiness regulations
(i.e., 14 CFR part 25) do not contain
adequate or appropriate safety standards
for the Dassault Model Falcon 7X
airplane because of a novel or unusual
design feature, special conditions are
prescribed under the provisions of
§ 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 § 21.101.
In addition to the applicable
airworthiness regulations and special
conditions, the Dassault Model Falcon
7X airplane must comply with the fuelvent and exhaust-emission requirements
of 14 CFR part 34, and the noisecertification 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.
E:\FR\FM\18JAR1.SGM
18JAR1
2528
Federal Register / Vol. 83, No. 12 / Thursday, January 18, 2018 / Rules and Regulations
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.
sradovich on DSK3GMQ082PROD with RULES
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
§ 25.1353(b)(1) through (4). Nonrechargeable 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 https://
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
VerDate Sep<11>2014
15:51 Jan 17, 2018
Jkt 244001
remote-monitor electronic linereplaceable 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 nonrechargeable 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 selfsustaining fire or explosion.
• Fast or imbalanced discharging:
Fast discharging or an imbalanced
discharge of one cell of a multi-cell
battery may create an overheating
condition that results in an
uncontrollable venting condition, which
in turn leads to a thermal event or an
explosion.
• Flammability: Unlike nickelcadmium 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 nonrechargeable lithium battery be designed
to maintain safe temperatures and
pressures. Special condition no. 2
addresses these same issues but for the
entire battery. Special condition no. 2
requires the battery be designed to
prevent propagation of a thermal event,
such as self-sustained, uncontrollable
increases in temperature or pressure
from one cell to adjacent cells.
Special conditions nos. 1 and 2 are
intended to ensure that the nonrechargeable 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
PO 00000
Frm 00004
Fmt 4700
Sfmt 4700
intended to protect the airplane and its
occupants if failure occurs.
Special conditions 3, 7, and 8 are selfexplanatory.
Special condition no. 4 makes it clear
that the flammable fluid fire protection
requirements of § 25.863 apply to nonrechargeable lithium battery
installations. Section 25.863 is
applicable to areas of the airplane that
could be exposed to flammable fluid
leakage from airplane systems. Nonrechargeable lithium batteries contain
an electrolyte that is a flammable fluid.
Special condition no. 5 requires that
each non-rechargeable lithium battery
installation not damage surrounding
structure or adjacent systems,
equipment, or electrical wiring from
corrosive fluids or gases that may escape
in such a way as to cause a major or
more severe failure condition.
While special condition no. 5
addresses corrosive fluids and gases,
special condition no. 6 addresses heat.
Special condition no. 6 requires that
each non-rechargeable lithium battery
installation have provisions to prevent
any hazardous effect on airplane
structure or systems caused by the
maximum amount of heat the battery
installation can generate due to any
failure of it or its individual cells. The
means of meeting special conditions
nos. 5 and 6 may be the same, but the
requirements are independent and
address different hazards.
These special conditions apply to all
non-rechargeable lithium battery
installations in lieu of § 25.1353(b)(1)
through (4) at Amendment 25–123 or
§ 25.1353(c)(1) through (4) at earlier
amendments. Those regulations remain
in effect for other battery installations.
These special conditions contain the
additional safety standards that the
Administrator considers necessary to
establish a level of safety equivalent to
that established by the existing
airworthiness standards.
Applicability
These special conditions are
applicable to the Dassault Model Falcon
7X airplane. Should Dassault apply at a
later date for a change to the type
certificate to include another model
incorporating the same novel or unusual
design feature, these special conditions
would apply to that model as well.
These special conditions are only
applicable to design changes applied for
after the effective date.
These special conditions are not
applicable to changes to previously
certified non-rechargeable lithium
battery installations where the only
change is either cosmetic or to relocate
the installation to improve the safety of
E:\FR\FM\18JAR1.SGM
18JAR1
Federal Register / Vol. 83, No. 12 / Thursday, January 18, 2018 / Rules and Regulations
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 nonrechargeable lithium battery
installations that are affected by a
change in a manner that improves the
safety of its installation. The FAA
determined that these exclusions are in
the public interest because the need to
meet all of the special conditions might
otherwise deter these design changes
that improve safety.
Conclusion
This action affects only certain a
novel or unusual design feature on one
model of airplane. It is not a rule of
general applicability.
List of Subjects in 14 CFR Part 25
Aircraft, Aviation safety, Reporting
and record keeping requirements.
The authority citation for these
special conditions is as follows:
sradovich on DSK3GMQ082PROD with RULES
Non-Rechargeable Lithium Battery
Installations
In lieu of § 25.1353(b)(1) through (4)
at Amendment 25–123 or § 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 § 25.863.
5. Not damage surrounding structure
or adjacent systems, equipment, or
electrical wiring from corrosive fluids or
Jkt 244001
Issued in Renton, Washington, on January
9, 2018.
Victor Wicklund,
Manager, Transport Standards Branch, Policy
and Innovation Division, Aircraft
Certification Service.
BILLING CODE 4910–13–P
The Special Conditions
Accordingly, pursuant to the
authority delegated to me by the
Administrator, the following special
conditions are issued as part of the type
certification basis for the Dassault
Model Falcon 7X airplane.
15:51 Jan 17, 2018
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.
[FR Doc. 2018–00716 Filed 1–17–18; 8:45 am]
Authority: 49 U.S.C. 106(g), 40113, 44701,
44702, 44704.
VerDate Sep<11>2014
gases that may escape in such a way as
to cause a major or more severe failure
condition.
6. Have provisions to prevent any
hazardous effect on airplane structure or
systems caused by the maximum
amount of heat it can generate due to
any failure of it or its individual cells.
7. Have a failure sensing and warning
system to alert the flightcrew if its
failure affects safe operation of the
airplane.
8. Have a means for the flightcrew or
maintenance personnel to determine the
battery charge state if the battery’s
function is required for safe operation of
the airplane.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA–2017–1142; Special
Conditions No. 25–712–SC]
Special Conditions: Dassault Aviation
Model Falcon 900EX Airplanes; NonRechargeable Lithium Battery
Installations
Federal Aviation
Administration (FAA), DOT.
ACTION: Final special conditions; request
for comment.
AGENCY:
These special conditions are
issued for non-rechargeable lithium
battery installations on the Dassault
Aviation (Dassault) Model Falcon
900EX airplane. Non-rechargeable
lithium batteries are a novel or unusual
design feature when compared to the
state of technology envisioned in the
airworthiness standards for transport
category airplanes. The applicable
airworthiness regulations do not contain
adequate or appropriate safety standards
for this design feature. These special
conditions contain the additional safety
standards that the Administrator
considers necessary to establish a level
SUMMARY:
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
2529
of safety equivalent to that established
by the existing airworthiness standards.
DATES: This action is effective on
Dassault Aviation on January 18, 2018.
Send your comments by March 5, 2018.
ADDRESSES: Send comments identified
by docket number FAA–2017–1142
using any of the following methods:
• Federal eRegulations Portal: Go to
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 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 https://www.regulations.gov/,
including any personal information the
commenter provides. Using the search
function of the docket website, anyone
can find and read the electronic form of
all comments received into any FAA
docket, including the name of the
individual sending the comment (or
signing the comment for an association,
business, labor union, etc.). DOT’s
complete Privacy Act Statement can be
found in the Federal Register published
on April 11, 2000 (65 FR 19477–19478).
Docket: Background documents or
comments received may be read at
https://www.regulations.gov/ at any time.
Follow the online instructions for
accessing the docket or go to Docket
Operations in Room W12–140 of the
West Building Ground Floor at 1200
New Jersey Avenue SE, Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Nazih Khaouly, Airplane and Flight
Crew Interface Section, AIR–671,
Transport Standards Branch, Policy and
Innovation Division, Aircraft
Certification Service, 1601 Lind Avenue
SW, Renton, Washington 98057–3356;
telephone 425–227–2432; facsimile
425–227–1149.
SUPPLEMENTARY INFORMATION:
Future Requests for Installation of NonRechargeable Lithium Batteries
The FAA anticipates that nonrechargeable lithium batteries will be
installed in most makes and models of
E:\FR\FM\18JAR1.SGM
18JAR1
]]>Agencies
[Federal Register Volume 83, Number 12 (Thursday, January 18, 2018)]
[Rules and Regulations]
[Pages 2526-2529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00716]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA-2017-1140; Special Conditions No. 25-711-SC]
Special Conditions: Dassault Aviation, Model Falcon 7X Airplane;
Non-Rechargeable Lithium Battery Installations
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final special conditions; request for comment.
-----------------------------------------------------------------------
SUMMARY: These special conditions are issued for non-rechargeable
lithium battery installations on the Dassault Aviation (Dassault) Model
Falcon 7X airplane. Non-rechargeable lithium batteries are a novel or
unusual design feature when compared to the state of technology
envisioned in the airworthiness standards for transport category
airplanes. The applicable airworthiness regulations do not contain
adequate or appropriate safety standards for this design feature. These
special conditions contain the additional safety standards that the
Administrator considers necessary to establish a level of safety
equivalent to that established by the existing airworthiness standards.
DATES: This action is effective on Dassault Aviation on January 18,
2018. Send your comments by March 5, 2018.
ADDRESSES: Send comments identified by docket number FAA-2017-1140
using any of the following methods:
Federal eRegulations Portal: Go to 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 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 https://www.regulations.gov/, including any personal
information the commenter provides. Using the search function of the
docket website, anyone can find and read the electronic form of all
comments received into any FAA docket, including the name of the
individual sending the comment (or signing the comment for an
association, business, labor union, etc.). DOT's complete Privacy Act
Statement can be found in the Federal Register published on April 11,
2000 (65 FR 19477-19478).
Docket: Background documents or comments received may be read at
https://www.regulations.gov/ at any time. Follow the online instructions
for accessing the docket or go to Docket Operations in Room W12-140 of
the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington,
[[Page 2527]]
DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Nazih Khaouly, Airplane and Flight
Crew Interface Section, AIR-671, Transport Standards Branch, Policy and
Innovation Division, Aircraft Certification Service, 1601 Lind Avenue
SW, Renton, Washington 98057-3356; telephone 425-227-2432; facsimile
425-227-1149.
SUPPLEMENTARY INFORMATION:
Future Requests for Installation of Non-Rechargeable Lithium Batteries
The FAA anticipates that non-rechargeable lithium batteries will be
installed in most makes and models of transport category airplanes. We
intend to require special conditions for certification projects
involving non-rechargeable lithium battery installations to address
certain safety issues until we can revise the airworthiness
requirements. Applying special conditions to these installations across
the range of transport category airplanes will ensure regulatory
consistency.
Typically, the FAA issues special conditions after receiving an
application for type certificate approval of a novel or unusual design
feature. However, the FAA has found that the presence of non-
rechargeable lithium batteries in certification projects is not always
immediately identifiable, since the battery itself may not be the focus
of the project. Meanwhile, the inclusion of these batteries has become
virtually ubiquitous on in-production transport category airplanes,
which shows that there will be a need for these special conditions.
Also, delaying the issuance of special conditions until after each
design application is received could lead to costly certification
delays. Therefore, the FAA finds it necessary to issue special
conditions applicable to these battery installations on particular
makes and models of aircraft.
On April 22, 2016, the FAA published special conditions no. 25-612-
SC in the Federal Register (81 FR 23573) applicable to Gulfstream
Aerospace Corporation for the GVI airplane. Those were the first
special conditions the FAA issued for non-rechargeable lithium battery
installations. We explained in that document our decision to make those
special conditions effective one year after publication in the Federal
Register, which is April 22, 2017. In those special conditions, the FAA
stated its intention to apply non-rechargeable lithium battery special
conditions to design changes on other makes and models applied for
after this same date.
Section 1205 of the FAA Reauthorization Act of 1996 requires the
FAA to consider the extent to which Alaska is not served by
transportation modes other than aviation and to establish appropriate
regulatory distinctions when modifying airworthiness regulations that
affect intrastate aviation in Alaska. In consideration of this
requirement and the overall impact on safety, the FAA does not intend
to require non-rechargeable lithium battery special conditions for
design changes that only replace a 121.5 megahertz (MHz) emergency
locator transmitter (ELT) with a 406 MHz ELT that meets Technical
Standard Order C126b, or later revision, on transport airplanes
operating only in Alaska. This will support our efforts of encouraging
operators in Alaska to upgrade to a 406 MHz ELT. These ELTs provide
significantly improved accuracy for lifesaving services to locate an
accident site in Alaskan terrain. The FAA considers that the safety
benefits from upgrading to a 406 MHz ELT for Alaskan operations will
outweigh the battery fire risk.
Comments Invited
The substance of these special conditions previously has been
published in the Federal Register for public comment. These special
conditions have been derived without substantive change from those
previously issued. It is unlikely that prior public comment would
result in a significant change from the substance contained herein.
Therefore, the FAA has determined that prior public notice and comment
are unnecessary, and finds that, for the same reason, good cause exists
for adopting these special conditions upon publication in the Federal
Register.
The FAA is requesting comments to allow interested persons to
submit views that may not have been submitted in response to the prior
opportunities for comment described above. We invite interested people
to take part in this rulemaking by sending written comments, data, or
views. The most helpful comments reference a specific portion of the
special conditions, explain the reason for any recommended change, and
include supporting data.
We will consider all comments we receive by the closing date for
comments. We may change these special conditions based on the comments
we receive.
Background
Dassault holds type certificate no. A59NM, which provides the
certification basis for the Model Falcon 7X airplane. The Dassault
Model Falcon 7X airplane is a twin engine, transport category airplane
with a passenger seating capacity of 19 and a maximum takeoff weight of
70,000 to 73,000 pounds, depending on the specific design.
The FAA is issuing these special conditions for non-rechargeable
lithium battery installations on the Dassault Model Falcon 7X airplane.
The current battery requirements in title 14, Code of Federal
Regulations (14 CFR) part 25 are inadequate for addressing an airplane
with non-rechargeable lithium batteries.
Type Certification Basis
Under the provisions of 14 CFR 21.101, Dassault must show that the
Model Falcon 7X airplane meets the applicable provisions of the
regulations listed in type certificate no. A59NM or the applicable
regulations in effect on the date of application for the change, except
for earlier amendments as agreed upon by the FAA. In addition, the
certification basis includes certain special conditions, exemptions, or
later amended sections that are not relevant to these special
conditions.
If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the Dassault Model Falcon 7X airplane
because of a novel or unusual design feature, special conditions are
prescribed under the provisions of Sec. 21.16.
Special conditions are initially applicable to the airplane model
for which they are issued. Should the type certificate for that model
be amended later to include any other model that incorporates the same
novel or unusual design feature, or should any other model already
included on the same type certificate be modified to incorporate the
same novel or unusual design feature, these special conditions would
also apply to the other model under Sec. 21.101.
In addition to the applicable airworthiness regulations and special
conditions, the Dassault Model Falcon 7X airplane must comply with the
fuel-vent and exhaust-emission requirements of 14 CFR part 34, and the
noise-certification requirements of 14 CFR part 36.
The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec. 11.38, and they become part of the type
certification basis under Sec. 21.101.
[[Page 2528]]
Novel or Unusual Design Feature
The novel or unusual design feature is the installation of non-
rechargeable lithium batteries.
For the purpose of these special conditions, we refer to a battery
and battery system as a battery. A battery system consists of the
battery and any protective, monitoring, and alerting circuitry or
hardware inside or outside of the battery. It also includes vents
(where necessary) and packaging.
Discussion
The FAA derived the current regulations governing installation of
batteries in transport category airplanes from Civil Air Regulations
(CAR) 4b.625(d) as part of the recodification of CAR 4b that
established 14 CFR part 25 in February 1965. This recodification
basically reworded the CAR 4b battery requirements, which are currently
in Sec. 25.1353(b)(1) through (4). Non-rechargeable lithium batteries
are novel and unusual with respect to the state of technology
considered when these requirements were codified. These batteries
introduce higher energy levels into airplane systems through new
chemical compositions in various battery cell sizes and construction.
Interconnection of these cells in battery packs introduces failure
modes that require unique design considerations, such as provisions for
thermal management.
Recent events involving rechargeable and non-rechargeable lithium
batteries prompted the FAA to initiate a broad evaluation of these
energy storage technologies. In January 2013, two independent events
involving rechargeable lithium-ion batteries revealed unanticipated
failure modes. A National Transportation Safety Board (NTSB) letter to
the FAA, dated May 22, 2014, which is available at https://www.ntsb.gov,
filename A-14-032-036.pdf, describes these events.
On July 12, 2013, an event involving a non-rechargeable lithium
battery in an emergency locator transmitter installation demonstrated
unanticipated failure modes. The United Kingdom's Air Accidents
Investigation Branch Bulletin S5/2013 describes this event.
Some known uses of rechargeable and non-rechargeable lithium
batteries on airplanes include:
Flight deck and avionics systems such as displays, global
positioning systems, cockpit voice recorders, flight data recorders,
underwater locator beacons, navigation computers, integrated avionics
computers, satellite network and communication systems, communication
management units, and remote-monitor electronic line-replaceable units;
Cabin safety, entertainment, and communications equipment,
including emergency locator transmitters, life rafts, escape slides,
seatbelt air bags, cabin management systems, Ethernet switches, routers
and media servers, wireless systems, internet and in-flight
entertainment systems, satellite televisions, remotes, and handsets;
Systems in cargo areas including door controls, sensors,
video surveillance equipment, and security systems.
Some known potential hazards and failure modes associated with non-
rechargeable lithium batteries are:
Internal failures: In general, these batteries are
significantly more susceptible to internal failures that can result in
self-sustaining increases in temperature and pressure (i.e., thermal
runaway) than their nickel-cadmium or lead-acid counterparts. The
metallic lithium can ignite, resulting in a self-sustaining fire or
explosion.
Fast or imbalanced discharging: Fast discharging or an
imbalanced discharge of one cell of a multi-cell battery may create an
overheating condition that results in an uncontrollable venting
condition, which in turn leads to a thermal event or an explosion.
Flammability: Unlike nickel-cadmium and lead-acid
batteries, lithium batteries use higher energy and current in an
electrochemical system that can be configured to maximize energy
storage of lithium. They also use liquid electrolytes that can be
extremely flammable. The electrolyte, as well as the electrodes, can
serve as a source of fuel for an external fire if the battery casing is
breached.
Special condition no. 1 of these special conditions requires that
each individual cell within a non-rechargeable lithium battery be
designed to maintain safe temperatures and pressures. Special condition
no. 2 addresses these same issues but for the entire battery. Special
condition no. 2 requires the battery be designed to prevent propagation
of a thermal event, such as self-sustained, uncontrollable increases in
temperature or pressure from one cell to adjacent cells.
Special conditions nos. 1 and 2 are intended to ensure that the
non-rechargeable lithium battery and its cells are designed to
eliminate the potential for uncontrollable failures. However, a certain
number of failures will occur due to various factors beyond the control
of the battery designer. Therefore, other special conditions are
intended to protect the airplane and its occupants if failure occurs.
Special conditions 3, 7, and 8 are self-explanatory.
Special condition no. 4 makes it clear that the flammable fluid
fire protection requirements of Sec. 25.863 apply to non-rechargeable
lithium battery installations. Section 25.863 is applicable to areas of
the airplane that could be exposed to flammable fluid leakage from
airplane systems. Non-rechargeable lithium batteries contain an
electrolyte that is a flammable fluid.
Special condition no. 5 requires that each non-rechargeable lithium
battery installation not damage surrounding structure or adjacent
systems, equipment, or electrical wiring from corrosive fluids or gases
that may escape in such a way as to cause a major or more severe
failure condition.
While special condition no. 5 addresses corrosive fluids and gases,
special condition no. 6 addresses heat. Special condition no. 6
requires that each non-rechargeable lithium battery installation have
provisions to prevent any hazardous effect on airplane structure or
systems caused by the maximum amount of heat the battery installation
can generate due to any failure of it or its individual cells. The
means of meeting special conditions nos. 5 and 6 may be the same, but
the requirements are independent and address different hazards.
These special conditions apply to all non-rechargeable lithium
battery installations in lieu of Sec. 25.1353(b)(1) through (4) at
Amendment 25-123 or Sec. 25.1353(c)(1) through (4) at earlier
amendments. Those regulations remain in effect for other battery
installations.
These special conditions contain the additional safety standards
that the Administrator considers necessary to establish a level of
safety equivalent to that established by the existing airworthiness
standards.
Applicability
These special conditions are applicable to the Dassault Model
Falcon 7X airplane. Should Dassault apply at a later date for a change
to the type certificate to include another model incorporating the same
novel or unusual design feature, these special conditions would apply
to that model as well.
These special conditions are only applicable to design changes
applied for after the effective date.
These special conditions are not applicable to changes to
previously certified non-rechargeable lithium battery installations
where the only change is either cosmetic or to relocate the
installation to improve the safety of
[[Page 2529]]
the airplane and occupants. Previously certified non-rechargeable
lithium battery installations, as used in this paragraph, are those
installations approved for certification projects applied for on or
before the effective date of these special conditions. A cosmetic
change is a change in appearance only, and does not change any function
or safety characteristic of the battery installation. These special
conditions are also not applicable to unchanged, previously certified
non-rechargeable lithium battery installations that are affected by a
change in a manner that improves the safety of its installation. The
FAA determined that these exclusions are in the public interest because
the need to meet all of the special conditions might otherwise deter
these design changes that improve safety.
Conclusion
This action affects only certain a novel or unusual design feature
on one model of airplane. It is not a rule of general applicability.
List of Subjects in 14 CFR Part 25
Aircraft, Aviation safety, Reporting and record keeping
requirements.
The authority citation for these special conditions is as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704.
The Special Conditions
Accordingly, pursuant to the authority delegated to me by the
Administrator, the following special conditions are issued as part of
the type certification basis for the Dassault Model Falcon 7X airplane.
Non-Rechargeable Lithium Battery Installations
In lieu of Sec. 25.1353(b)(1) through (4) at Amendment 25-123 or
Sec. 25.1353(c)(1) through (4) at earlier amendments, each non-
rechargeable lithium battery installation must:
1. Be designed to maintain safe cell temperatures and pressures
under all foreseeable operating conditions to prevent fire and
explosion.
2. Be designed to prevent the occurrence of self-sustaining,
uncontrollable increases in temperature or pressure.
3. Not emit explosive or toxic gases, either in normal operation or
as a result of its failure, that may accumulate in hazardous quantities
within the airplane.
4. Meet the requirements of Sec. 25.863.
5. Not damage surrounding structure or adjacent systems, equipment,
or electrical wiring from corrosive fluids or gases that may escape in
such a way as to cause a major or more severe failure condition.
6. Have provisions to prevent any hazardous effect on airplane
structure or systems caused by the maximum amount of heat it can
generate due to any failure of it or its individual cells.
7. Have a failure sensing and warning system to alert the
flightcrew if its failure affects safe operation of the airplane.
8. Have a means for the flightcrew or maintenance personnel to
determine the battery charge state if the battery's function is
required for safe operation of the airplane.
Note: A battery system consists of the battery and any
protective, monitoring, and alerting circuitry or hardware inside or
outside of the battery. It also includes vents (where necessary) and
packaging. For the purpose of these special conditions, a
``battery'' and ``battery system'' are referred to as a battery.
Issued in Renton, Washington, on January 9, 2018.
Victor Wicklund,
Manager, Transport Standards Branch, Policy and Innovation Division,
Aircraft Certification Service.
[FR Doc. 2018-00716 Filed 1-17-18; 8:45 am]
BILLING CODE 4910-13-P
