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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REGISTER issue of each week.

Rules and Regulations Federal Register

51723 

Vol. 80, No. 165 

Wednesday, August 26, 2015 

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. 

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 nickelcadmium 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 § 21.16. 


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51724 Federal Register / Vol. 80, No. 165 / Wednesday, August 26, 2015 / Rules and Regulations 

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 § 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 § 11.38, and they become part of 

the type-certification basis under 

§ 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 nickelcadmium 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, 

§ 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 

§ 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 § 25.1353 to 

the new subpart H, resulting in the 

relocation of the regulations governing 

the installation of batteries in § 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, overdischarging, 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 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 §§ 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. 


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Federal Register / Vol. 80, No. 165 / Wednesday, August 26, 2015 / Rules and Regulations 51725 

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 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 § 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. 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-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 which could result in shortcircuit 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 § 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 

§ 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 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 730, 732, 738, 743, 748, 

752, 762, 772, and 774 

[Docket No. 140613501–5698–02] 

RIN 0694–AG13 

Export Administration Regulations: 

Removal of Special Comprehensive 

License Provisions 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: In this final rule, the Bureau 

of Industry and Security (BIS) amends 

the Export Administration Regulations 

(EAR) by removing the Special 

Comprehensive License (SCL) 

authorization. Based on changes to the 

EAR as part of Export Control Reform, 

BIS concludes that the SCL has outlived 

its usefulness to the exporting public 

since recent changes to the EAR permit 

exporters to accomplish similar results 

using individual licenses and without 

undertaking the more onerous SCL 

application. This rule also makes 

conforming amendments. These changes 

are part of BIS’s efforts to further update 

export controls under the EAR 

consistent with the Retrospective 

Regulatory Review Initiative that directs 

BIS and other federal agencies to 

streamline regulations and reduce 

unnecessary regulatory burdens on the 

public. 

DATES: This is effective September 25, 

2015. 

FOR FURTHER INFORMATION CONTACT: 

Thomas Andrukonis, Director, Export 

Management and Compliance Division, 

Office of Exporter Services, Bureau of 

Industry and Security, by telephone at 

(202) 482–6396 or by email at 

Thomas.Andrukonis@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

BIS issues this final rule to remove 

the Special Comprehensive License 

(SCL) provisions from the Export 


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