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[Federal Register Volume 80, Number 165 (Wednesday, August 26, 2015)]
[Rules and Regulations]
[Pages 51723-51725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21118]

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Rules and Regulations
                                                Federal Register
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having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
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Federal Register / Vol. 80, No. 165 / Wednesday, August 26, 2015 / 
Rules and Regulations

[[Page 51723]]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2015-3463; Special Conditions No. 25-590-SC]

Special Conditions: Bombardier Inc., Model BD-100-1A10 Airplane; 
Installed Rechargeable Lithium Batteries and Battery Systems

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

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SUMMARY: These special conditions are issued for the Bombardier Inc. 
Model BD-100-1A10 airplane. This airplane, as modified by S4A, 
Solutions for Aviation, S.L., will have a novel or unusual design 
feature when compared to the state of technology envisioned in the 
airworthiness standards for transport category airplanes. This design 
feature is the installation of an Aspire 200 satellite communications 
(satcom) system with wireless handsets that use rechargeable lithium 
batteries and battery systems. Rechargeable lithium 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 currently approved for 
installation on transport category airplanes. The applicable 
airworthiness regulations do not contain adequate or appropriate safety 
standards for these design features. 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 Bombardier Inc. on August 26, 2015. 
We must receive your comments by September 25, 2015.

ADDRESSES: Send comments identified by docket number FAA-2015-3463 
using any of the following methods:
     Federal eRegulations Portal: Go to http://www.regulations.gov/ and follow the online instructions for sending 
your comments electronically.
     Mail: Send comments to Docket Operations, M-30, U.S. 
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room 
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket 
Operations in Room W12-140 of the West Building Ground Floor at 1200 
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at 202-493-2251.
    Privacy: The FAA will post all comments it receives, without 
change, to http://www.regulations.gov/, including any personal 
information the commenter provides. Using the search function of the 
docket 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 http://DocketsInfo.dot.gov/.
    Docket: Background documents or comments received may be read at 
http://www.regulations.gov/ at any time. Follow the online instructions 
for accessing the docket or go to 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: The FAA has determined that notice of, and 
opportunity for prior public comment on, these special conditions is 
impracticable because these procedures would significantly delay 
issuance of the design approval and thus delivery of the affected 
airplanes. In addition, the substance of these special conditions has 
been subject to the public comment process in several prior instances 
with no substantive comments received. The FAA therefore finds that 
good cause exists for making these special conditions effective upon 
publication in the Federal Register.

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 by the closing date for 
comments. We may change these special conditions based on the comments 
we receive.

Background

    On June 18, 2014, S4A, Solutions for Aviation, S.L. applied for a 
supplemental type certificate to install an Aspire 200 satcom system 
with wireless handsets in the Bombardier Model BD-100-1A10 airplane 
(known as the ``Challenger 300''). The BD-100-1A10 airplane is a 
corporate jet with an eight-passenger and two-crew capacity. It is 
equipped with two, rear-mounted Honeywell HTF7000 turbofan engines and 
has a maximum takeoff weight of 38,850 lb/17,622 kg.

Type Certification Basis

    Under the provisions of Title 14, Code of Federal Regulations (14 
CFR) 21.101, S4A, Solutions for Aviation, S.L. must show that the BD-
100-1A10 airplane, as changed, continues to meet the regulations listed 
in T00005NY or the applicable regulations in effect on the date of 
application for the change except for earlier amendments as agreed upon 
by the FAA.
    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 BD-100-1A10 airplane because of a 
novel or unusual design feature, special conditions are prescribed 
under the provisions of Sec.  21.16.

[[Page 51724]]

    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 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 BD-100-1A10 airplane must comply with the fuel vent and 
exhaust emission requirements of 14 CFR part 34 and the noise 
certification requirements of 14 CFR part 36.
    The FAA issues special conditions, as defined in 14 CFR 11.19, in 
accordance with Sec.  11.38, and they become part of the type-
certification basis under Sec.  21.101.

Novel or Unusual Design Features

    The BD-100-1A10 airplane will incorporate the following novel or 
unusual design feature: The installation of an Aspire 200 satcom system 
with wireless handsets that will use rechargeable lithium batteries and 
battery systems. Rechargeable lithium batteries and battery systems 
that 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. 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.

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 part 25 in February 1965. The recodified 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 that led 
to additional rulemaking affecting large, transport category airplanes 
as well as small airplanes. On September 1, 1977, and March 1, 1978, 
with Amendments 25-41 and 25-42 respectively, the FAA added paragraphs 
(c)(5) and (c)(6) to Sec.  25.1353 governing nickel-cadmium battery 
installations on large, transport category airplanes. On December 10, 
2007, Amendment 25-123 moved the contents of paragraph (b) in Sec.  
25.1353 to the new subpart H, resulting in the relocation of the 
regulations governing the installation of batteries in Sec.  25.1353 
from paragraph (c) to paragraph (b).
    The use of rechargeable lithium batteries for equipment and systems 
prompted the FAA to review the adequacy of these existing regulations. 
Our review indicated that the existing regulations do not adequately 
address several failure, operational, and maintenance characteristics 
of rechargeable lithium batteries that could affect the safety and 
reliability of the Bombardier BD-100-1A10 lithium battery 
installations.
    At present, there is limited experience with the use of lithium 
batteries in applications involving commercial aviation. However, other 
users of this technology, ranging from wireless telephone manufacturers 
to the electric vehicle industry, have noted safety problems with 
lithium batteries. These problems include overcharging, over-
discharging, and flammability of cell components.

1. Overcharging

    In general, lithium 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. 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 battery cells 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 batteries 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.
    These problems experienced by users of lithium batteries raise 
concern about the use of these batteries in commercial aviation. The 
intent of these special conditions is to establish appropriate 
airworthiness standards for lithium battery installations in the BD-
100-1A10 airplane and to ensure, as required by Sec. Sec.  25.601, that 
these battery installations are not hazardous or unreliable.

Applicability

    As discussed above, these special conditions are applicable to the 
Model No. BD-100-1A10 airplane. Should S4A, Solutions for Aviation, 
S.L. apply at a later date for a supplemental type certificate to 
modify any other model included on Type Certificate No. T00005NY to 
incorporate the same novel or unusual design feature, these special 
conditions would apply to that model as well.

Conclusion

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

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping 
requirements.

    The authority citation for these special conditions is as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704.

[[Page 51725]]

The Special Conditions

0
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 Bombardier BD-100-1A10 airplane 
modified by S4A, Solutions for Aviation, S.L.
    In lieu of the requirements of Title 14, Code of Federal 
Regulations (14 CFR) 25.1353(c)(1) through (c)(4) at Amendment 25-101 
for rechargeable lithium batteries and battery systems, all 
installations 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 battery installation must 
preclude explosion in the event of those failures.
    2. Design of the rechargeable lithium batteries must preclude the 
occurrence of self-sustaining, uncontrolled increases in temperature or 
pressure.
    3. No explosive or toxic gases emitted by any rechargeable lithium 
battery in normal operation, or as the result of any failure of the 
battery charging system, monitoring system, or battery installation 
which is not shown to be extremely remote, may accumulate in hazardous 
quantities within the airplane.
    4. Installations of rechargeable lithium batteries must meet the 
requirements of Sec.  25.863(a) through (d).
    5. No corrosive fluids or gases that may escape from any 
rechargeable lithium battery 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 rechargeable lithium battery installation 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. Lithium battery installations must have a system to control the 
charging rate of the battery automatically, so as to prevent battery 
overheating or overcharging, and,
    a. 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,
    b. 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 battery installation, the function of 
which is 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 
battery is sufficiently charged at appropriate intervals specified by 
the battery manufacturer and the equipment manufacturer that contain 
the rechargeable lithium battery or rechargeable lithium battery 
system. This is required to ensure that lithium rechargeable batteries 
and lithium rechargeable 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 battery and rechargeable lithium battery systems 
which could result in short-circuit or other unintentional impact 
damage caused by dropping or other destructive means that could result 
in personal injury or property damage.

    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 there is 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(c) at Amendment 25-101 in the certification basis of 
the BD-100-1A10 airplane. These special conditions apply only to 
rechargeable lithium batteries and lithium battery systems and their 
installations. The requirements of Sec.  25.1353(c) at Amendment 25-
101 remain in effect for batteries and battery installations on the 
BD-100-1A10 airplane that do not use lithium batteries.

    Issued in Renton, Washington, on August 7, 2015.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2015-21118 Filed 8-25-15; 8:45 am]
 BILLING CODE 4910-13-P
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