This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

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Rules and Regulations Federal Register

33043 

Vol. 79, No. 111 

Tuesday, June 10, 2014 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. FAA–2014–0365; Notice No. 25– 

554–SC] 

Special Conditions: Embraer S.A., 

Model EMB–550 Airplane; Installation 

of Rechargeable Lithium Batteries 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final Special Conditions; 

Request for Comments. 

SUMMARY: These special conditions are 

issued for the Embraer S.A. Model 

EMB–550 airplanes. This airplane will 

have a novel or unusual design feature 

associated with the installation of a 

satellite communication system that 

uses rechargeable lithium battery 

technology. 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: The effective date of these 

special conditions is June 10, 2014. We 

must receive your comments by July 10, 

2014. 

ADDRESSES: Send comments identified 

by docket number FAA–2014–0365 

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: 

Stephen Slotte, FAA, Airplane and 

Flight Crew Interface Branch, ANM– 

111, Transport Airplane Directorate, 

Aircraft Certification Service, 1601 Lind 

Avenue SW., Renton, Washington 

98057–3356; telephone 425–227–2315; 

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 aircraft. 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 on or before the closing date for 

comments. We may change these special 

conditions based on the comments we 

receive. 

Background 

On May 14, 2009, Embraer S.A. 

applied for a type certificate for its new 

Model EMB–550 airplane. The Model 

EMB–550 airplane is the first of a new 

family of jet airplanes designed for 

corporate flight, fractional, charter, and 

private owner operations. The airplane 

has a configuration with low wing and 

T-tail empennage. The primary structure 

is metal with composite empennage and 

control surfaces. The Model EMB–550 

airplane is designed for eight (8) 

passengers, with a maximum of twelve 

(12) passengers. It is equipped with two 

Honeywell AS907–3–1E medium bypass 

ratio turbofan engines mounted on aft 

fuselage pylons. Each engine produces 

approximately 6,540 pounds of thrust 

for normal takeoff. 

The Model EMB–550 will have a 

novel or unusual design feature 

associated with a satellite 

communication system that uses 

rechargeable lithium battery technology. 

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. Because of 

rapid improvements in airplane 

technology, the applicable airworthiness 

regulations do not contain adequate or 

appropriate safety standards for this 

design feature. 

Type Certification Basis 

Under the provisions of Title 14, Code 

of Federal Regulations (14 CFR) 21.17, 

Embraer S.A. must show that the Model 

EMB–550 meets the applicable 

provisions of part 25 as amended 


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33044 Federal Register / Vol. 79, No. 111 / Tuesday, June 10, 2014 / Rules and Regulations 

through Amendments 25–1 through 25– 

127 thereto. 

If the Administrator finds that the 

applicable airworthiness regulations 

(i.e., 14 CFR part 25) do not contain 

adequate or appropriate safety standards 

for the Model EMB–550 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 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 or similar 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 EMB–550 

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, and the FAA must issue a 

finding of regulatory adequacy under 

§ 611 of Public Law 92 574, the ‘‘Noise 

Control Act of 1972.’’ 

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 

§ 21.17(a)(2). 

Novel or Unusual Design Features 

The Model EMB–550 airplane will 

incorporate the following novel or 

unusual design feature: A satellite 

communication system that uses 

rechargeable lithium battery technology. 

Rechargeable lithium batteries are a 

novel or unusual design feature in 

transport category airplanes for which 

the applicable airworthiness regulations 

do not contain adequate or appropriate 

safety standards. 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 

These special conditions provide 

additional safety standards to 

accommodate the unique features of 

rechargeable lithium battery technology. 

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. 

The current regulations governing 

installation of batteries in 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, 14 CFR 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 transport category 

airplanes as well as small airplanes. On 

September 1, 1977, and March 1, 1978, 

respectively, the FAA issued 

§ 25.1353(c)(5) and (c)(6), governing 

nickel-cadmium battery installations on 

transport category airplanes. At 

Amendment 25–123, effective December 

10, 2007, the FAA issued a revised 

§ 25.1353, which moved the battery 

requirements to § 25.1353(b)(1) through 

(b)(6). 

The proposed use of rechargeable 

lithium batteries for equipment and 

systems on the Model EMB–550 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 

rechargeable lithium batteries that could 

affect the safety of the airplane and its 

passengers and crew. 

At present, there is limited experience 

with use of rechargeable 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 selfsustaining increases in temperature and 

pressure (i.e., thermal runaway) than 

their nickel-cadmium or lead-acid 

counterparts. This 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 

batteries 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 flight crews 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 

condition is to establish appropriate 

airworthiness standards for rechargeable 

lithium battery installations in the 

Embraer Model EMB–550, and to 

ensure, as required by §§ 25.1309 and 

25.601, that these battery installations 

are not hazardous or unreliable. 

Applicability 

As discussed above, these special 

conditions are applicable to the Embraer 

S.A. Model EMB–550 airplane. Should 

Embraer S.A. apply at a later date for a 

change to the type certificate to include 

another model 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 one 

airplane model. 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 


emcdonald on DSK67QTVN1PROD with RULES
Federal Register / Vol. 79, No. 111 / Tuesday, June 10, 2014 / Rules and Regulations 33045 

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. 

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 Embraer S.A. 

Model EMB–550 airplane. 

Installation of Rechargeable Lithium 

Batteries 

In lieu of the requirements of 

§ 25.1353(b)(1) through (b)(4) at 

Amendment 25–123, all rechargeable 

lithium batteries and battery system 

installations on the Model EMB–550 

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 that 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 14 CFR 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 § 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) Rechargeable 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, 

(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 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-ofcharge 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 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 

that 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 electrical wiring 

interconnection systems (EWIS) maintenance 

and inspection tasks required by § 25.1729 

must ensure that EWIS components 

associated with the batteries and battery 

systems are sufficient to detect degradation of 

any EWIS component that is designed and 

installed to support compliance with special 

conditions 1 through 8. 

Note 2: 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 3: These special conditions are not 

intended to replace § 25.1353(b) at 

Amendment 25–123 in the certification basis 

of the Embraer Model EMB–550. These 

special conditions apply only to rechargeable 

lithium batteries and rechargeable lithium 

battery systems and their installations. The 

requirements of § 25.1353(b) at Amendment 

25–123 remain in effect for batteries and 

battery installations on the Embraer Model 

EMB–550 that do not use rechargeable 

lithium batteries. 

Issued in Renton, Washington, on June 2, 

2014. 

Michael Kaszycki, 

Assistant Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2014–13530 Filed 6–9–14; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–1031; Directorate 

Identifier 2013–NM–155–AD; Amendment 

39–17854; AD 2014–11–04] 

RIN 2120–AA64 

Airworthiness Directives; Airbus 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

Airbus Model A330–200, A330–200 

Freighter, and A330–300 series 

airplanes; and Model A340–200, A340– 

300, A340–500, and A340–600 series 

airplanes. This AD was prompted by a 

non-connection of the constant speed 

motor/generator (CSM/G) during a final 

assembly operational test. This AD 

requires a detailed inspection of the 

connector wires for connector 1XE–A of 

the generator control unit (GCU)–CSM/ 


emcdonald on DSK67QTVN1PROD with RULES