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[Federal Register Volume 81, Number 142 (Monday, July 25, 2016)]
[Rules and Regulations]
[Pages 48319-48321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17428]

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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 
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The Code of Federal Regulations is sold by the Superintendent of Documents. 
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Federal Register / Vol. 81, No. 142 / Monday, July 25, 2016 / Rules 
and Regulations

[[Page 48319]]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2015-1087; Special Conditions No. 25-622-SC]

Special Conditions: Avmax Aviation Services Inc., Bombardier 
Model DHC-8-100/-200/-300 Series Airplanes; 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 Model 
DHC-8-100/-200/-300 series airplanes. These airplanes, as modified by 
Avmax Aviation Services Inc. (Avmax), 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 rechargeable lithium batteries to replace the 
existing nickel-cadmium and lead-acid rechargeable batteries. 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 Avmax July 25, 2016. We must 
receive your comments by September 8, 2016.

ADDRESSES: Send comments identified by docket number FAA-2015-1087 
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 September 8, 2015, Avmax Aviation Services Inc. applied for a 
supplemental type certificate (STC) for the installation of 
rechargeable lithium batteries to replace the existing nickel-cadmium 
and lead-acid rechargeable batteries in Bombardier Model DHC-8-100/-
200/-300 series airplanes.
    The Model DHC-8-100/-200/-300 series airplanes are transport-
category, twin-engine turboprops with a maximum capacity of 37 (100 and 
200 series) or 50 (300 series) passengers and a maximum takeoff weight 
of 36,300 lbs (100 and 200 series) or 43,000 lbs (300 series).

Type Certification Basis

    Under the provisions of 14 CFR 21.101, Avmax must show that the 
Bombardier Model DHC-8-100/-200/-300 series airplanes, as changed, 
continue to meet the applicable provisions of the regulations 
incorporated by reference in Type Certificate No. A13NM, 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.''
    In addition, 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

[[Page 48320]]

for the Model DHC-8-100/-200/-300 series airplanes because of a novel 
or unusual design feature, special conditions are prescribed under the 
provisions of 14 CFR 21.16.
    Special conditions are initially applicable to the model for which 
they are issued. Should the applicant apply for an STC to modify any 
other model included on the same type certificate to incorporate the 
same novel or unusual design feature, the special conditions would also 
apply to the other model.
    In addition to the applicable airworthiness regulations and special 
conditions, the Model DHC-8-100/-200/-300 series 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 Bombardier Model DHC-8-100/-200/-300 series airplanes, as 
modified by Avmax, will incorporate the following novel or unusual 
design feature: Installed rechargeable lithium batteries and battery 
systems.
    Rechargeable lithium batteries are a novel or unusual design 
feature in transport-category airplanes. This type of battery has 
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.

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 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 proposed use of rechargeable lithium batteries for equipment 
and systems on airplanes prompted the FAA to review the adequacy of 
these existing battery regulations. Our review indicates that the 
existing regulations do not adequately address several failure, 
operational, and maintenance characteristics of lithium batteries, 
which could affect the safety and reliability of the lithium battery 
installations.
    At present, the airplane industry has 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 rechargeable 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. In addition, 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, which users of lithium batteries experience, raise 
concerns 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 
Bombardier Model DHC-8-100/-200/-300 series airplanes and to ensure, as 
required in Sec. Sec.  25.601 and 25.1309, that these battery 
installations are not hazardous or unreliable.
    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

    As discussed above, these special conditions are applicable to 
Bombardier Model DHC-8-100/-200/-300 series airplanes as modified by 
Avmax. Should Avmax apply at a later date for a supplemental type 
certificate to modify any other model included on Type Certificate No. 
A13NM incorporating 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 two model series of airplanes. It is not a rule of general 
applicability.
    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, because a delay would 
significantly affect the certification of the airplane, which is 
imminent, 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:

[[Page 48321]]

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

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 Model DHC-8-100/-200/-300 
series airplanes modified by Avmax Aviation Services Inc.
    In lieu of the requirements of 14 CFR 25.1353(c)(1) through (c)(4) 
at Amendment 25-51, all rechargeable lithium batteries and battery 
systems on Model DHC-8-100/-200/-300 airplanes, as modified by Avmax 
Aviation Services Inc., 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, designed 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 rechargeable lithium batteries 
and rechargeable lithium battery systems will not degrade below 
specified ampere-hour levels sufficient to power the airplane systems 
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 batteries 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 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(c) in the certification basis of Bombardier Model DHC-
8-100/-200/-300 series airplanes. These special conditions apply 
only to rechargeable lithium batteries and lithium battery systems 
and their installations on Bombardier Model DHC-8-100/-200/-300 
series airplanes, as modified by Avmax. The requirements of Sec.  
25.1353(c) remain in effect for batteries and battery installations 
on Bombardier Model DHC-8-100/-200/-300 series airplanes that do not 
use lithium batteries.

    Issued in Renton, Washington, on July 15, 2016.
Michael Kaszycki,
Assistant Manager, Transport Airplane Directorate, Aircraft 
Certification Service.
[FR Doc. 2016-17428 Filed 7-22-16; 8:45 am]
 BILLING CODE 4910-13-P
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