### 52615 Federal Register / Vol. 80, No. 169 / Tuesday, September 1, 2015 / Rules and Regulations

**DEPARTMENT OF TRANSPORTATION**

**Federal Aviation Administration**

**14 CFR Part 25**

**[Docket No. FAA–2015–3653; Special Conditions No. 25–591–SC]** 

**Special Conditions: Bombardier Aerospace, Models BD–500–1A10 and**  **BD–500–1A11 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 Aerospace
Models BD–500–1A10 and BD–500– 1A11 series airplanes. These airplanes 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 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 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 Aerospace on September 1, 2015. We must receive your comments by October 1, 2015.

**ADDRESSES :**  Send comments identified by docket number FAA–2015–3653 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 December 10, 2009, Bombardier Aerospace applied for a type certificate
for their new Models BD–500–1A10 and BD–500–1A11 series airplanes (hereafter collectively referred to as ‘‘CSeries’’). The CSeries airplanes are swept-wing monoplanes with an aluminum alloy fuselage, sized for 5-abreast seating. Passenger capacity is designated as 110
for the Model BD–500–1A10 and 125 for
the Model BD–500–1A11. Maximum takeoff weight is 131,000 pounds for the Model BD–500–1A10 and 144,000 pounds for the Model BD–500–1A11. The CSeries airplanes will use rechargeable lithium batteries and battery systems for equipment and systems.

Type Certification Basis

Under the provisions of Title 14, Code of Federal Regulations (14 CFR) 21.17, Bombardier Aerospace must show that the CSeries airplanes meet the applicable provisions of 14 CFR part 25 as amended by Amendments 25–1 through 25–129.

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 CSeries airplanes 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 CSeries 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, 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 CSeries will incorporate the following novel or unusual design feature: Installed rechargeable lithium batteries and battery systems that have certain failure, operational, and
maintenance characteristics that differ


### 52616 Federal Register / Vol. 80, No. 169 / Tuesday, September 1, 2015 / Rules and Regulations

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 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, 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-cadmiumbattery 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 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 lithium batteries that could affect the safety and reliability of the 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 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. 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 CSeries airplanes and to ensure, as required by §§ 25.601 and 25. 1309, that these battery installations are not hazardous
or unreliable.

Applicability

As discussed above, these special conditions are applicable to the Models
BD–500–1A10 and BD–500–1A11 series airplanes. Should Bombardier Aerospace 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 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, 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.
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–500–1A10 and BD–500–1A11 series airplanes.

In lieu of the requirements of Title 14 Code of Federal Regulations (14 CFR) 25.1353(b)(1) through (b)(4) at Amendment 25.129 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).


### 52617 Federal Register / Vol. 80, No. 169 / Tuesday, September 1, 2015 / Rules and Regulations

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 batterysystems 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(b) at
Amendment 25–129 in the certification basis
of BD–500–1A10 and BD–500–1A11 series airplanes. These special conditions apply only to rechargeable lithium batteries and lithium battery systems and their installations. The requirements of § 25.1353(b) at Amendment 25–129 remain in effect for batteries and battery installations
on BD–500–1A10 and BD–500–1A11 series airplanes that do not use lithium batteries.

Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.

[FR Doc. 2015–21626 Filed 8–31–15; 8:45 am]

**BILLING CODE 4910–13–P**

**INTERNATIONAL TRADE**
**COMMISSION**

**19 CFR Part 207**

**[Docket No. MISC–013]**

**Investigations of Whether Injury to**
**Domestic Industries Results From Imports Sold at Less Than Fair Value**  **or From Subsidized Exports to the**
**United States**

**AGENCY :**  International Trade

Commission.

**ACTION :**  Final rule.

**SUMMARY :**  The United States
International Trade Commission (‘‘Commission’’) is amending a provision of its Rules of Practice and Procedure concerning the conduct of antidumping and countervailing duty investigations and reviews. The amendment is designed to facilitate the
collection of information and reduce the burden on petitioning parties by changing the information they need to provide in petitions.

**DATES :**  This regulation is effective October 1, 2015, and is applicable to all petitions filed with the Commission after October 1, 2015.

**FOR FURTHER INFORMATION CONTACT :**  Lisa R. Barton, Secretary, telephone (202) 205–2000, or Michael Haldenstein, Attorney-Advisor, Office of the General Counsel, telephone (202) 205–3041,
United States International Trade Commission. Hearing-impaired
individuals are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal at (202) 205–1810. General information concerning the Commission may also be obtained by accessing its

Internet server at http://www.usitc.gov.

**SUPPLEMENTARY INFORMATION :** 
Background

Section 335 of the Tariff Act of 1930 (19 U.S.C. 1335) authorizes the Commission to adopt reasonable procedures, rules, and regulations that it deems necessary to carry out its
functions and duties. The Commission
has determined to amend Part 207 of its rules covering investigations conducted under title VII of the Tariff Act of 1930, as amended (‘‘title VII proceedings’’).
The amendment is to Commission Rule 207.11 (19 CFR 207.11), which governs the information required in antidumping and countervailing duty petitions filed with the Commission (as well as the Department of Commerce). The change to the rule is aimed at decreasing the burden on petitioning parties to provide detailed information concerning lost sales and lost revenue allegations in petitions filed with the

Commission.

The Commission recently amended its Rules of Practice and Procedure, including Commission Rule 207.11. Prior to promulgating final rules, it published a notice of proposed rulemaking (NOPR) in the Federal Register . 78 FR 36446–449 (June 18, 2013). Among the provisions it proposed to amend was the provision in 19 CFR 207.11(b)(2)(v) concerning
submission of lost sales and lost revenue allegations. Three law firms which regularly appear before the Commission in Title VII proceedings filed comments on the NOPR. On June 25, 2014, the Commission published revisions to its rules, including 19 CFR 207.11(b)(2)(v), that largely adopted the changes proposed in the NOPR. 79 FR 35920 (June 25, 2014).

In this notice, the Commission is adopting new rules regarding collection
of information on lost sales and lost revenue allegations. The Commission considers this rule to be procedural andtherefore excepted from notice-andcomment requirements under 5 U.S.C.