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contains regulatory documents having general

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are keyed to and codified in the Code of

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Rules and Regulations Federal Register

48319 

Vol. 81, No. 142 

Monday, July 25, 2016 

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. 

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 transportcategory 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 nickelcadmium 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 


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48320 Federal Register / Vol. 81, No. 142 / Monday, July 25, 2016 / Rules and Regulations 

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 § 11.38, and they become part of 

the type certification basis under 

§ 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 recodification of CAR 4b that established 

14 CFR 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 transportcategory 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 transportcategory 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 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 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. 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 §§ 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: 


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Federal Register / Vol. 81, No. 142 / Monday, July 25, 2016 / Rules and Regulations 48321 

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 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 § 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, 

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-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 

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 shortcircuit, 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 § 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 § 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 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–1289; Directorate 

Identifier 2012–NE–43–AD; Amendment 39– 

18591; AD 2016–14–10] 

RIN 2120–AA64 

Airworthiness Directives; CFM 

International, S.A. Turbofan Engines 

Modified by Supplemental Type 

Certificate SE00034EN 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are superseding 

airworthiness directive (AD) 2013–02– 

02 for certain CFM International, S.A. 

CFM56–3, CFM56–3B, and CFM56–3C 

turbofan engines. AD 2013–02–02 

required removal from service of certain 

high-pressure turbine (HPT) disks 

manufactured by Global Material 

Solutions of Pratt & Whitney, at reduced 

maximum life limits. This AD corrects 

the serial numbers (S/Ns) listed in AD 

2013–02–02. This AD was prompted by 

reports that certain HPT disk S/Ns in 

AD 2013–02–02 and in certain Pratt & 

Whitney service information are 

incorrect. We are issuing this AD to 

prevent uncontained release of multiple 

turbine blades, damage to the engine, 

and damage to the airplane. 

DATES: This AD is effective August 9, 

2016. 

The Director of the Federal Register 

approved the incorporation by reference 


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