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

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 

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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-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 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). 

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

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(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 and 

therefore excepted from notice-andcomment requirements under 5 U.S.C. 

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