Federal Register / Vol. 80, No. 184 / Wednesday, September 23, 2015 / Rules and Regulations 57291 

operation between normal inspections 

or overhauls. 

d. Functions incorporated into any 

electronic engine control that make it 

part of any equipment, systems, or 

installation whose functions are beyond 

that of basic engine control, and which 

may also introduce system failures and 

malfunctions, are not exempt from 

§ 23.1309 and must be shown to meet 

part 23 levels of safety as derived from 

§ 23.1309. Part 33 certification data, if 

applicable, may be used to show 

compliance with any part 23 

requirements. If part 33 data is used to 

substantiate compliance with part 23 

requirements, then the applicant must 

be able to provide this data for showing 

or compliance. 

Issued in Kansas City, Missouri on 

September 14, 2015. 

Mel Johnson, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2015–24156 Filed 9–22–15; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 23 

[Docket No.FAA–2015–0721; Notice No. 23– 

269–SC] 

Special Conditions: Honda Aircraft 

Company, Model HA–420 HondaJet, 

Lithium-ion Batteries 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions. 

SUMMARY: These special conditions are 

issued for the Honda Aircraft Company, 

Model HA–420 airplane. This airplane 

will have a novel or unusual design 

feature associated with the installation 

of lithium-ion (Li-ion) batteries. 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: These special conditions are 

effective September 23, 2015. 

FOR FURTHER INFORMATION CONTACT: Les 

Lyne, Policies & Procedures Branch, 

ACE–114, Federal Aviation 

Administration, Small Airplane 

Directorate, Aircraft Certification 

Service, 901 Locust; Kansas City, 

Missouri 64106; telephone (816) 329– 

4171; facsimile (816) 329–4090. 

SUPPLEMENTARY INFORMATION: 

Background 

On October 11, 2006, Honda Aircraft 

Company applied for a type certificate 

for their new Model HA–420. On 

October 10, 2013, Honda Aircraft 

Company requested an extension with 

an effective application date of October 

1, 2013. This extension changed the 

type certification basis to amendment 

23–62. 

The HA–420 is a four to five 

passenger (depending on configuration), 

two crew, lightweight business jet with 

a 43,000-foot service ceiling and a 

maximum takeoff weight of 9963 

pounds. The airplane is powered by two 

GE-Honda Aero Engines (GHAE) HF– 

120 turbofan engines. 

The current regulatory requirements 

for part 23 airplanes do not contain 

adequate requirements for the 

application of Li-ion batteries in 

airborne applications. This type of 

battery possesses certain failure, 

operational characteristics, and 

maintenance requirements that differ 

significantly from that of the nickel 

cadmium and lead acid rechargeable 

batteries currently approved in other 

normal, utility, acrobatic, and commuter 

category airplanes. Therefore, the FAA 

is proposing this special condition to 

require that (1) all characteristics of the 

rechargeable lithium batteries and their 

installation that could affect safe 

operation of the HA–420 are addressed, 

and (2) appropriate Instructions for 

Continued Airworthiness which include 

maintenance requirements are 

established to ensure the availability of 

electrical power from the batteries when 

needed. 

Type Certification Basis 

Under the provisions of 14 CFR 21.17, 

Honda Aircraft Company must show 

that the HA–420 meets the applicable 

provisions of part 23, as amended by 

Amendments 23–1 through 23–62 

thereto. 

If the Administrator finds that the 

applicable airworthiness regulations 

(i.e., 14 CFR part 23) do not contain 

adequate or appropriate safety standards 

for the HA–420 because of a novel or 

unusual design feature, special 

conditions are prescribed under the 

provisions of § 21.16. 

In addition to the applicable 

airworthiness regulations and special 

conditions, the HA–420 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 

section 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). 

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 under § 21.101. 

Novel or Unusual Design Features 

The HA–420 will incorporate the 

following novel or unusual design 

feature: The installation of Li-ion 

batteries. 

The current regulatory requirements 

for part 23 airplanes do not contain 

adequate requirements for the 

application of Li-ion batteries in 

airborne applications. This type of 

battery possesses certain failure, 

operational characteristics, and 

maintenance requirements that differ 

significantly from that of the nickel 

cadmium and lead acid rechargeable 

batteries currently approved in other 

normal, utility, acrobatic, and commuter 

category airplanes. 

Discussion 

The applicable parts 21 and 23 

airworthiness regulations governing the 

installation of batteries in general 

aviation airplanes, including § 23.1353, 

were derived from Civil Air Regulations 

(CAR 3) as part of the recodification that 

established 14 CFR part 23. The battery 

requirements, which are identified in 

§ 23.1353, were a rewording of the CAR 

requirements that did not add any 

substantive technical requirements. An 

increase in incidents involving battery 

fires and failures that accompanied the 

increased use of Nickel-Cadmium (NiCad) batteries in aircraft resulted in 

rulemaking activities on the battery 

requirements for transport category 

airplanes. These regulations were 

incorporated into § 23.1353(f) and (g), 

which apply only to Ni-Cad battery 

installations. 

The use of Li-ion batteries on the HA– 

420 airplane has prompted the FAA to 

review the adequacy of the existing 

battery regulations with respect to that 

chemistry. As the result of this review, 

the FAA has determined that the 

existing regulations do not adequately 

address several failure, operational, and 

maintenance characteristics of Li-ion 

batteries that could affect safety of the 

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57292 Federal Register / Vol. 80, No. 184 / Wednesday, September 23, 2015 / Rules and Regulations 

battery installation of the HA–420 

airplane electrical power supply. 

The introduction of Li-ion batteries 

into aircraft raises some concern about 

associated battery/cell monitoring 

systems and how these may affect 

utilization of an otherwise ‘‘good’’ 

battery as an energy source to the 

electrical system when monitoring 

components fail. Associated battery/cell 

monitoring systems (i.e., temperature, 

state of charge, etc.) should be 

evaluated/tested with respect the 

expected extremes in the aircraft 

operating environment. 

Li-ion batteries typically have 

different electrical impedance 

characteristics than lead-acid or Ni-Cad 

batteries. Honda Aircraft Company 

needs to evaluate other components of 

the aircraft electrical system with 

respect to these characteristics. 

At present, there is very limited 

experience regarding the use of Li-ion 

rechargeable batteries in applications 

involving commercial aviation. 

However, other users of this technology 

range from wireless telephone 

manufacturers to the electric vehicle 

industry and have noted significant 

safety issues regarding the use of these 

types of batteries, some of which are 

described in the following paragraphs: 

1. Overcharging. In general, lithium 

batteries are significantly more 

susceptible to internal failures that can 

result in self-sustaining 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 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 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 safety issues experienced by 

users of lithium batteries raise concern 

about the use of these batteries in 

commercial aviation. The intent of the 

special condition is to establish 

appropriate airworthiness standards for 

lithium battery installations in the HA– 

420 and to ensure, as required by 

§§ 23.1309 and 23.601, that these battery 

installations are not hazardous or 

unreliable. 

Additionally, RTCA, in a joint effort 

with the FAA and industry, has released 

RTCA/DO–311, Minimum Operational 

Performance Standards for Rechargeable 

Lithium Battery Systems, which gained 

much of its text directly from previous 

Li-ion special conditions. Honda 

Aircraft Company proposes to use DO– 

311 as the primary methodology for 

assuring the battery will perform its 

intended functions safely as installed in 

the HA–420 airplane and as the basis for 

test and qualification of the battery. This 

Special Condition incorporates 

applicable portions of DO–311. 

Discussion 

Notice of proposed special conditions 

No. 23–15–03–SC for the Honda Aircraft 

Company, Model HA–420 airplane was 

published in the Federal Register on 

April 14, 2015 (80 FR 19889). No 

comments were received, and the 

special conditions are adopted as 

proposed. 

Applicability 

As discussed above, these special 

conditions are applicable to the HA– 

420. Should Honda Aircraft Company 

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. 

Under standard practice, the effective 

date of final special conditions would 

be 30 days after the date of publication 

in the Federal Register; however, as the 

certification date for the Honda Aircraft 

Company HA–420 is imminent, the 

FAA finds that good cause exists to 

make these special conditions effective 

upon issuance. 

Conclusion 

This action affects only certain novel 

or unusual design features on one model 

of airplanes. It is not a rule of general 

applicability and it affects only the 

applicant who applied to the FAA for 

approval of these features on the 

airplane. 

List of Subjects in 14 CFR Part 23 

Aircraft, Aviation safety, Signs and 

symbols. 

Citation 

The authority citation for these 

special conditions is as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701, 

44702, 44704, 14 CFR 21.16 and 14 CFR 

11.38 and 11.19. 

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 Honda Aircraft 

Company, HA–420 airplanes. 

1. Lithium-Ion Battery Installation 

a. Safe cell temperatures and 

pressures must be maintained during 

any probable charging or discharging 

condition, or during any failure of the 

charging or battery monitoring system 

not shown to be extremely remote. The 

applicant must design Li-ion battery 

installation to preclude explosion or fire 

in the event of those failures. 

b. The applicant must design the Liion batteries to preclude the occurrence 

of self-sustaining, uncontrolled 

increases in temperature or pressure. 

c. No explosive or toxic gasses 

emitted by any Li-ion battery in normal 

operation or as the result of any failure 

of the battery charging or monitoring 

system, or battery installation not 

shown to be extremely remote, may 

accumulate in hazardous quantities 

within the airplane. 

d. Li-ion batteries that contain 

flammable fluids must comply with the 

flammable fluid fire protection 

requirements of § 23.863(a) through (d). 

e. No corrosive fluids or gasses that 

may escape from any Li-ion battery may 

damage surrounding airplane structure 

or adjacent essential equipment. 

f. The applicant must provide 

provision for each installed Li-ion 

battery to prevent any hazardous effect 

on structure or essential systems that 

may be caused by the maximum amount 

of heat the battery can generate during 

a short circuit of the battery or of its 

individual cells. 

g. Li-ion battery installations must 

have— 

(1) A system to control the charging 

rate of the battery automatically so as to 

prevent battery overheating or 

overcharging; or 

(2) 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 

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Federal Register / Vol. 80, No. 184 / Wednesday, September 23, 2015 / Rules and Regulations 57293 

(3) 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. 

h. Any Li-ion battery installation 

whose function is required for safe 

operation of the airplane, must 

incorporate a monitoring and warning 

feature that will provide an indication 

to the appropriate flightcrew members 

whenever the capacity and State of 

Charge (SOC) of the batteries have fallen 

below levels considered acceptable for 

dispatch of the airplane. 

i. The Instructions for Continued 

Airworthiness (ICA) must contain 

recommended manufacturers 

maintenance and inspection 

requirements to ensure that batteries, 

including single cells, meet a safety 

function level essential to the aircraft’s 

continued airworthiness. 

(1) The ICA must contain operating 

instructions and equipment limitations 

in an installation maintenance manual. 

(2) The ICA must contain installation 

procedures and limitations in a 

maintenance manual, sufficient to 

ensure that cells or batteries, when 

installed according to the installation 

procedures, still meet safety functional 

levels essential to the aircraft’s 

continued airworthiness. The 

limitations must identify any unique 

aspects of the installation. 

(3) The ICA must contain corrective 

maintenance procedures to check 

battery capacity at manufacturers 

recommended inspection intervals. 

(4) The ICA must contain scheduled 

servicing information to replace 

batteries at manufacturers 

recommended replacement time. 

(5) The ICA must contain 

maintenance and inspection 

requirements to check visually for 

battery and/or charger degradation. 

j. Batteries in a rotating stock (spares) 

that have experienced degraded charge 

retention capability or other damage due 

to prolonged storage must be 

functionally checked at manufacturers 

recommended inspection intervals. 

k. The System Safety Assessment 

(SSA) process should address the 

software and complex hardware levels 

for the sensing, monitoring, and 

warning systems if these systems 

contain complex devices. The 

functional hazard assessment (FHA) for 

the system is required based on the 

intended functions described. The 

criticality of the specific functions will 

be determined by the safety assessment 

process for compliance with § 23.1309. 

Advisory Circular 23–1309–1C contains 

acceptable means for accomplishing this 

requirement. For determining the failure 

condition, the criticality of a function 

will include the mitigating factors. The 

failure conditions must address the loss 

of function and improper operations. 

Issued in Kansas City, Missouri, on 

September 14, 2015. 

Mel Johnson, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2015–24164 Filed 9–22–15; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 9 and 721 

[EPA–HQ–OPPT–2011–0489; FRL 9927–44] 

RIN 2070–AJ88 

Significant New Use Rule for 

Hexabromocyclododecane and 

1,2,5,6,9,10-Hexabromocyclododecane 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is promulgating a 

significant new use rule (SNUR) under 

the Toxic Substances Control Act 

(TSCA) for two chemical substances 

collectively referred to as ‘‘HBCD.’’ This 

action requires persons who intend to 

manufacture (including import) or 

process hexabromocyclododecane or 

1,2,5,6,9,10-hexabromocyclododecane 

(HBCD) for use in consumer textiles 

(other than for use in motor vehicles) to 

notify EPA at least 90 days before 

commencing that activity. The required 

notification will provide EPA with the 

opportunity to evaluate the intended 

use and, if appropriate, to prohibit or 

limit that activity before it occurs. In 

this SNUR, the exemption for persons 

importing or processing a chemical 

substance as part of an article does not 

apply to importers and processors of 

HBCD as part of a textile article (e.g., as 

part of a bolt of cloth or part of an 

upholstered chair). EPA is also making 

a technical amendment to the codified 

list of control numbers for approved 

information collection activities so that 

it includes the control number assigned 

by the Office of Management and 

Budget (OMB) to the information 

collection activities contained in this 

rule. 

DATES: This final rule is effective 

November 23, 2015. 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2011–0489, is 

available at http://www.regulations.gov 

or at the Office of Pollution Prevention 

and Toxics Docket (OPPT Docket), EPA 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW., Washington, 

DC. The Public Reading Room is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OPPT 

Docket is (202) 566–0280. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: For 

technical information contact: Sue 

Slotnick, National Program Chemicals 

Division (7404T), Office of Pollution 

Prevention and Toxics, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460–0001; 

telephone number: (202) 566–1973; 

email address: slotnick.sue@epa.gov. 

For general information contact: The 

TSCA-Hotline, ABVI-Goodwill, 422 

South Clinton Ave., Rochester, NY 

14620; telephone number: (202) 554– 

1404; email address: TSCA-Hotline@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Executive Summary 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you manufacture (defined 

by statute to include import) or process 

hexabromocyclododecane (Chemical 

Abstracts Service Registry Number 

(CASRN) 25637-99-4) or 1,2,5,6,9,10- 

hexabromocyclododecane (CASRN 

3194-55-6) for use in consumer textiles 

other than for use in motor vehicles. 

Throughout this final rule preamble, the 

term ‘‘HBCD’’ represents both chemical 

substances, unless a specific CASRN is 

also noted. The North American 

Industrial Classification System 

(NAICS) codes that are identified in this 

unit are not intended to be exhaustive, 

but rather provide a guide to help 

readers determine whether this rule 

applies to them. Potentially affected 

entities may include: 

• Chemical Manufacturing (NAICS 

code 325). 

• Painting and Wall Covering 

Contractors (NAICS code 238320). 

• Textile and Fabric Finishing (except 

Broadwoven Fabric) Mills (NAICS code 

313312). 

• Curtain and Drapery Mills (NAICS 

code 314121). 

• Other Household Textile Product 

Mills (NAICS code 314129). 

• All Other Miscellaneous Textile 

Product Mills (NAICS code 314999). 

• Upholstered Household Furniture 

Manufacturing (NAICS code 337121). 

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