[Federal Register Volume 81, Number 28 (Thursday, February 11, 2016)]
[Proposed Rules]
[Pages 7249-7251]
[FR Doc No: 2016-02761]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 81, No. 28 / Thursday, February 11, 2016 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2015-5758; Notice No. 25-16-02-SC]

Special Conditions: The Boeing Company, Boeing Model 737-8
Airplane; Non-Rechargeable Lithium Battery Installations

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed special conditions.

-----------------------------------------------------------------------

SUMMARY: This action proposes special conditions for the Boeing Model
737-8 airplane. This airplane 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 non-rechargeable lithium battery systems. The applicable
airworthiness regulations do not contain adequate or appropriate safety
standards for this design feature. These proposed 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: Send your comments on or before March 28, 2016.

ADDRESSES: Send comments identified by docket number FAA-2015-5758
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<PHONE_NUMBER>.
    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 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, Airplane and Flight
Crew Interface Branch, ANM-111, Transport Airplane Directorate,
Aircraft Certification Service, 1601 Lind Avenue SW., Renton,
Washington, 98057-3356; telephone<PHONE_NUMBER>; facsimile<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Future Requests for Installation of Non-Rechargeable Lithium Batteries

    The FAA anticipates that non-rechargeable lithium batteries will be
installed in other makes and models of airplanes. We have made the
determination to require special conditions for all applications
requesting the installation of non-rechargeable lithium batteries until
the airworthiness requirements can be revised to address this issue.
Having the same standards across the range of all transport-airplane
makes and models will ensure regulatory consistency for the aviation
industry.

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 January 27, 2012, The Boeing Company applied for an amendment to
Type Certificate No. A16WE to include a new Model 737-8 airplane. The
Model 737-8 airplane is a narrow-body, transport-category airplane that
is a derivative of the Model 737-800 airplane with two CFM LEAP-1B
wing-mounted engines.
    The Model 737-8 airplane will include non-rechargeable lithium
batteries. The current battery requirements in Title 14, Code of
Federal Regulations (14 CFR) part 25 are inadequate for addressing an
airplane with lithium batteries.

Type Certification Basis

    Under the provisions of 14 CFR 21.101, The Boeing Company must show
that the Model 737-8 airplane meets the applicable provisions of the
regulations listed in Type Certificate A16WE or the applicable
regulations in effect on the date of application for the change, except
for earlier amendments as agreed upon by the FAA. The regulations
listed in the type certificate are commonly referred to as the
``original type certification basis.'' The regulations listed in Type
Certificate No. A16WE are 14 CFR part 25 effective February 1, 1965
including Amendments 25-1 through 25-77 with exceptions listed in the
type certificate. In addition, the certification basis includes other
regulations, special conditions, and exemptions that are not relevant
to these proposed special conditions. Type Certificate No. A16WE will
be updated to include a complete description of the certification basis
for this airplane model.
    In addition to the applicable airworthiness regulations and special
conditions, the Model 737-8 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.
    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 Model 737-8 airplane because of a
novel or unusual design feature, special conditions are prescribed
under the provisions of Sec.  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, or should any other model already
included on the same type certificate be modified to incorporate the
same novel or unusual design feature, these special conditions would
also apply to the other model under Sec.  21.101.
    The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec.  11.38, and they become part of the type-
certification basis under Sec.  21.101.

Novel or Unusual Design Features

    A battery system consists of the battery and any protective,
monitoring and alerting circuitry or hardware inside or outside of the
battery and venting capability where necessary. For the purpose of
these special conditions, we refer to a battery and battery system as a
battery. The Model 737-8 airplane will incorporate non-rechargeable
lithium batteries, which are novel or unusual design features.

Discussion

    We derived the current regulations governing installation of
batteries in transport-category airplanes from Civil Air Regulations
(CAR) 4b.625(d) as part of the re-codification of CAR 4b that
established 14 CFR part 25 in February 1965. We basically reworded the
battery requirements, which are currently in Sec.  25.1353(b)(1)
through (b)(4), from the CAR requirements. Non-rechargeable lithium
batteries are novel and unusual with respect to the state of technology
considered when these requirements were codified. These batteries
introduce higher energy levels into airplane systems through new
chemical compositions in various battery-cell sizes and construction.
Interconnection of these cells in battery packs introduces failure
modes that require unique design considerations, such as provisions for
thermal management.
    Recent events involving rechargeable and non-rechargeable lithium
batteries prompted the FAA to initiate a broad evaluation of these
energy-storage technologies. In January 2013, two independent events
involving rechargeable lithium-ion batteries demonstrated unanticipated
failure modes. A National Transportation Safety Board (NTSB) letter to
the FAA, dated May 22, 2014, which is available at http://www.ntsb.gov,
filename A-14-032-036.pdf, describes these events.
    On July 12, 2013, an event involving a non-rechargeable lithium
battery, in an emergency locator transmitter installation, demonstrated
unanticipated failure modes. Air Accident Investigations Branch
Bulletin S5/2013 describes this event.
    Some other known uses of rechargeable and non-rechargeable lithium
batteries on airplanes include:
     Flight deck and avionics systems such as displays, global
positioning systems, cockpit voice recorders, flight data recorders,
underwater locator beacons, navigation computers, integrated avionics
computers, satellite network and communication systems, communication-
management units, and remote-monitor electronic line-replaceable units
(LRU);
     Cabin safety, entertainment, and communications equipment,
including life rafts, escape slides, seatbelt air bags, cabin
management systems, Ethernet switches, routers and media servers,
wireless systems, internet and in-flight entertainment systems,
satellite televisions, remotes, and handsets;
     Systems in cargo areas including door controls, sensors,
video surveillance equipment, and security systems.
    Some known potential hazards and failure modes associated with non-
rechargeable lithium batteries are:

 Internal failures

    In general, these 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. The metallic lithium can ignite,
resulting in a self-sustaining fire or explosion.

 Fast or imbalanced discharging

    Fast discharging or an imbalanced discharge of one cell of a multi-
cell battery may create an overheating condition that results in an
uncontrollable venting condition, which in turn leads to a thermal
event or an explosion.

 Flammability

    Unlike nickel-cadmium and lead-acid batteries, these batteries use
higher energy and current in an electrochemical system that can be
configured to maximize energy storage of lithium. They also use liquid
electrolytes that can be extremely flammable. The electrolyte, as well
as the electrodes, can serve as a source of fuel for an external fire
if the battery casing is breached.
    Proposed Special Condition 1 requires that each individual cell
within a battery be designed to maintain safe temperatures and
pressures. Proposed Special Condition 2 addresses these same issues but
for the entire battery. Proposed Special Condition 2 requires the
battery be designed to prevent propagation of a thermal event, such as
self-sustained, uncontrolled increases in temperature or pressure from
one cell to adjacent cells.
    Proposed Special Conditions 1 and 2 are intended to ensure that the
battery and its cells are designed to eliminate the potential for
uncontrolled failures. However, a certain number of failures will occur
due to various factors beyond the control of the designer. Therefore,
other special conditions are intended to protect the airplane and its
occupants if failure occurs.
    Proposed Special Conditions 3, 9 and 10 are self-explanatory, and
the FAA does not provide further explanation for them at this time.
    The FAA proposes Special Condition 4 to make it clear that the
flammable-fluid fire-protection requirements of Sec.  25.863 apply to
non-rechargeable lithium battery installations. Section 25.863 is
applicable to areas of the airplane that could be exposed to flammable
fluid leakage from airplane systems. Non-rechargeable lithium batteries
contain electrolyte that is a flammable fluid.
    Proposed Special Condition 5 requires each non-rechargeable lithium
battery installation to not damage surrounding structure or adjacent
systems, equipment, or electrical wiring from corrosive fluids or gases
that may escape. Proposed Special Condition 6 requires each non-
rechargeable lithium battery installation to have provisions to prevent
any hazardous effect on airplane structure or systems caused by the
maximum amount of heat it can generate due to any failure of it or its
individual cells. The means of meeting these proposed special
conditions may be the same, but they are independent requirements
addressing different hazards. Proposed Special Condition 5 addresses
corrosive fluids and gases, whereas Proposed Special Condition 6
addresses heat.
    Proposed Special Conditions 7 and 8 require non-rechargeable
lithium

batteries to have automatic means for battery disconnection and control
of battery discharge rate due to the fast-acting nature of lithium-
battery chemical reactions. Manual intervention would not be timely or
effective in mitigating the hazards associated with these batteries.
    These special conditions will apply to all non-rechargeable lithium
battery installations in lieu of Sec.  25.1353(b)(1) through (b)(4) at
Amendment 25-123. Sections 25.1353(b)(1) through (b)(4) at Amendment
25-123 will remain in effect for other battery installations.
    These proposed 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 the
Boeing Model 737-8 airplane. Should the applicant apply at a later date
for a change to the type certificate to include another model
incorporating the same novel or unusual design feature, or should any
other model already included on the same type certificate be modified
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 model of airplane. It is not a rule of general applicability.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and record keeping
requirements.

0
The authority citation for these special conditions continues to read
as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704.

The Proposed Special Conditions

0
Accordingly, the FAA proposes the following special conditions as part
of the type certification basis for Boeing Model 737-8 airplane.

Non-Rechargeable Lithium Battery Installations

    In lieu of Sec.  25.1353(b)(1) through (b)(4) at Amendment 25-123,
each non-rechargeable lithium battery installation must:
    1. Maintain safe cell temperatures and pressures under all
foreseeable operating conditions to prevent fire and explosion.
    2. Prevent the occurrence of self-sustaining, uncontrolled
increases in temperature or pressure.
    3. Not emit explosive or toxic gases, either in normal operation or
as a result of its failure, that may accumulate in hazardous quantities
within the airplane.
    4. Meet the requirements of Sec.  25.863.
    5. Not damage surrounding structure or adjacent systems, equipment,
or electrical wiring from corrosive fluids or gases that may escape.
    6. Have provisions to prevent any hazardous effect on airplane
structure or systems caused by the maximum amount of heat it can
generate due to any failure of it or its individual cells.
    7. Be capable of automatically controlling the discharge rate of
each cell to prevent cell imbalance, back-charging, overheating, and
uncontrollable temperature and pressure.
    8. Have a means to automatically disconnect from its discharging
circuit in the event of an over-temperature condition, cell failure or
battery failure.
    9. Have a failure sensing and warning system to alert the
flightcrew if its failure affects safe operation of the airplane.
    10. Have a means for the flightcrew or maintenance personnel to
determine the battery charge state if the battery's function is
required for safe operation of the airplane.

    Note 1: A battery system consists of the battery and any
protective, monitoring and alerting circuitry or hardware inside or
outside of the battery. It also includes vents (where necessary) and
packaging. For the purpose of these special conditions, a battery
and battery system are referred to as a battery.

    Issued in Renton, Washington, on February 4, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-02761 Filed 2-10-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 72 (Monday, April 15, 2013)]
[Notices]
[Pages 22364-22365]
[FR Doc No: 2013-08489]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2011-0069]

Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations
(CFR), this document provides the public notice that by a document
dated January 24, 2013, Steam Into History, Inc. (Steam) has petitioned
the Federal Railroad Administration (FRA) for a waiver of compliance
from certain provisions of the Federal railroad safety regulations
contained at 49 CFR part 223, Safety Glazing Standards--Locomotives,
Passenger Cars and Cabooses. FRA assigned the petition Docket Number
FRA-2011-0069.
    Kloke Locomotive Works is constructing for Steam a newly built
(2013) replica of a steam locomotive that was originally built in the
1800s. York 17, the locomotive that is the subject of Steam's
waiver petition, is a replica of Union Pacific 119, which was
constructed in 1979 from the same blueprints and tooling that is being
used for the construction of York 17. Union Pacific
119 is owned and operated by the U.S. National Park Service at
the Golden Spike National Historic Site in Promontory Summit, UT. Steam
intends to operate York 17 with its replica Civil War-era
train on the former Northern Central Railway in York County, PA.
    Steam asks that FRA determine that 49 CFR part 223 not apply to
York 17 because of the language in 49 CFR 223.3, Application,
which provides an exemption for ``locomotives * * * that are historical
or antiquated equipment and are used only for excursion, educational,
recreational purposes or private transportation purposes.'' Steam
states that York 17 is an accurate, historical design
locomotive and will be used primarily for educational purposes. It will
also be used for excursions, primarily in an historical, educational
context. Steam submits that, because of the historic nature and
primarily educational mission of York 17, 49 CFR part 223
should not apply to it.
    In the event that FRA determines that York 17 does not
qualify for an exemption pursuant to 49 CFR 223.3, Steam requests
relief from 49 CFR 223.9, Requirements for new or rebuilt equipment,
due to its mitigating use of tempered automotive safety-type glazing in
the locomotive cab and the open nature of the wooden cab on the
locomotive. Additionally, Steam asserts that the historical appearance
of York 17 would be unrecognizable with the installation of 49
CFR part 223 glazing.
    Steam submitted a similar waiver petition to FRA on July 28, 2011,
but FRA dismissed the petition without prejudice on February 3, 2012,
because the design of York 17 was not finalized and a sample
car (locomotive) inspection could not be performed.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey
Avenue SE., W12-140,

Washington, DC 20590. The Docket Operations Facility is open from 9
a.m. to 5 p.m., Monday through Friday, except Federal Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Web site: http://www.regulations.gov/. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by May 30, 2013 will be considered by FRA
before final action is taken. Comments received after that date will be
considered as far as practicable.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the document,
if submitted on behalf of an association, business, labor union, etc.).
See http://www.regulations.gov/#!privacyNotice for the privacy notice
of regulations.gov or interested parties may review DOT's complete
Privacy Act Statement in the Federal Register published on April 11,
2000 (65 FR 19477).

    Issued in Washington, DC, on April 8, 2013.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2013-08489 Filed 4-12-13; 8:45 am]
BILLING CODE 4910-06-P