Rule2022-24773
Special Conditions: Aptoz EHF; Non-Rechargeable Lithium Batteries and Battery System Installations
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 15, 2022
Effective
November 15, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
These special conditions are issued for a supplemental type certificate (STC) to install non-rechargeable lithium batteries and battery systems on certain transport-category airplanes. The airplanes, as modified by Aptoz EHF (Aptoz), 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 batteries and battery system in emergency locator transmitters (ELTs). 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.
Full Text
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<title>Federal Register, Volume 87 Issue 219 (Tuesday, November 15, 2022)</title>
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[Federal Register Volume 87, Number 219 (Tuesday, November 15, 2022)]
[Rules and Regulations]
[Pages 68336-68338]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-24773]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA-2022-0760; Special Conditions No. 25-827-SC]
Special Conditions: Aptoz EHF; Non-Rechargeable Lithium Batteries
and Battery System Installations
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final special conditions; request for comments.
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SUMMARY: These special conditions are issued for a supplemental type
certificate (STC) to install non-rechargeable lithium batteries and
battery systems on certain transport-category airplanes. The airplanes,
as modified by Aptoz EHF (Aptoz), 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 batteries and battery system in
emergency locator transmitters (ELTs). 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: This action is effective on Aptoz on November 15, 2022. Send
comments on or before December 30, 2022.
ADDRESSES: Send comments identified by Docket No. FAA-2022-0760 using
any of the following methods:
<bullet> Federal eRegulations Portal: Go to <a href="https://www.regulations.gov/">https://www.regulations.gov/</a> and follow the online instructions for sending
your comments electronically.
<bullet> 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.
<bullet> 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.
<bullet> Fax: Fax comments to Docket Operations at 202-493-2251.
Privacy: Except for Confidential Business Information (CBI) as
described in the following paragraph, and other information as
described in title 14, Code of Federal Regulations (14 CFR) 11.35, the
FAA will post all comments received without change to <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>, including any personal information you provide.
The FAA will also post a report summarizing each substantive verbal
contact received about these special conditions.
Except for Confidential Business Information as described in the
following paragraph, and other information as described in 14 CFR
11.35, the FAA will file in the docket all comments received concerning
these special conditions. The FAA will consider all comments received
on or before the closing date for comments. The FAA will consider
comments filed late if it is possible to do so without incurring delay.
The FAA may change these special conditions based on comments received.
Confidential Business Information: Confidential Business
Information (CBI) is commercial or financial information that is both
customarily and actually treated as private by its owner. Under the
Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from
public disclosure. If your comments responsive to these special
conditions contain commercial or financial information that is
customarily treated as private, that you actually treat as private, and
that is relevant or responsive to these special conditions, it is
important that you clearly designate the submitted comments as CBI.
Please mark each page of your submission containing CBI as ``PROPIN.''
The FAA will treat such marked submissions as confidential under the
FOIA, and the indicated comments will not be placed in the public
docket of these special conditions. Send submissions containing CBI to
Nazih Khaouly, Aircraft Systems Section, AIR-673, Technical Innovation
Policy Branch, Policy and Innovation Division, Aircraft Certification
Service, Federal Aviation Administration, 2200 South 216th Street, Des
Moines, Washington 98198; telephone and fax 206-231-3160; email
<a href="/cdn-cgi/l/email-protection#d1bfb0abb8b9ffbab9b0bea4bda891b7b0b0ffb6bea7"><span class="__cf_email__" data-cfemail="117f706b78793f7a79707e647d68517770703f767e67">[email protected]</span></a>. Comments the FAA receives, which are not
specifically designated as CBI, will be placed in the public docket for
these special conditions.
Docket: Background documents or comments received may be read at
<a href="https://www.regulations.gov/">https://www.regulations.gov/</a> 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,
[[Page 68337]]
DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Nazih Khaouly, Aircraft Systems
Section, AIR-673, Technical Innovation Policy Branch, Policy and
Innovation Division, Aircraft Certification Service, Federal Aviation
Administration, 2200 South 216th Street, Des Moines, Washington 98198;
telephone and fax 206-231-3160; email <a href="/cdn-cgi/l/email-protection#630d02190a0b4d080b020c160f1a230502024d040c15"><span class="__cf_email__" data-cfemail="234d42594a4b0d484b424c564f5a634542420d444c55">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The substance of these special conditions
has been published in the Federal Register for public comment in
several prior instances with no substantive comments received.
Therefore, the FAA finds, pursuant to 14 CFR 11.38(b), that new
comments are unlikely, and notice and comment prior to this publication
are unnecessary. The FAA finds that, for the same reason, good cause
exists for adopting these special conditions upon publication in the
Federal Register.
Comments Invited
The FAA invites 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.
The FAA will consider all comments received by the closing date for
comments. The FAA may change these special conditions based on comments
received.
Background
On April 6, 2022, Aptoz applied for a supplemental type certificate
to install non-rechargeable lithium batteries and battery systems in
ELTs. Aptoz intends to apply this STC to multiple transport-category
airplanes, and may periodically amend this STC to expand its
applicability to include additional transport-category airplane makes
and models.
Type Certification Basis
Under the provisions of title 14, Code of Federal Regulations (14
CFR) 21.101, Aptoz EHF must show that the airplanes, for which they
make application to modify by FAA STC ST00030IB, as changed, continue
to meet the applicable provisions of the regulations listed in each
airplane's respective type certificate or the applicable regulations in
effect on the date of application for the change except for earlier
amendments as agreed upon by the FAA.
If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 25) do not contain adequate or
appropriate safety standards 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 airplane model
for which they are issued. Should the applicant apply for an STC to
modify another model included on the same type certificate to
incorporate the same novel or unusual design feature, these special
conditions would also apply to the other model under Sec. 21.101.
In addition to the applicable airworthiness regulations and special
conditions, the airplanes modified by STC no. ST00030IB 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 Sec. 11.38, and they become part of the type
certification basis under Sec. 21.101.
Novel or Unusual Design Features
The airplanes listed in the FAA STC ST00030IB approved model list
(AML) will incorporate the following novel or unusual design feature:
Non-rechargeable lithium batteries and battery systems installed in
ELTs.
Discussion
The FAA derived the current regulations governing installation of
batteries in transport-category airplanes from Civil Air Regulations
(CAR) 4b.625(d), as part of the recodification of CAR 4b, which
established 14 CFR part 25 in February 1965. This recodification
essentially reworded the CAR 4b battery requirements, which are
currently in Sec. 25.1353(b)(1) through (4). Non-rechargeable lithium
batteries and battery systems are novel and unusual with respect to the
state of technology considered when these requirements were codified.
Non-rechargeable lithium batteries and battery systems 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 introduce failure modes that require
unique design considerations, such as provisions for thermal
management.
In January 2013, two independent events involving rechargeable
lithium-ion batteries revealed unanticipated failure modes. A National
Transportation Safety Board letter to the FAA, dated May 22, 2014,
which is available at <a href="https://www.ntsb.gov">https://www.ntsb.gov</a>, filename A-14-032-036.pdf,
describes these events.
On July 12, 2013, an event involving a non-rechargeable lithium
battery in an ELT installation demonstrated unanticipated failure
modes. The United Kingdom's Air Accidents Investigation Branch Bulletin
S5/2013 describes this event. These events, involving rechargeable and
non-rechargeable lithium batteries, prompted the FAA to initiate a
broad evaluation of these energy-storage technologies.
On April 22, 2016, the FAA published special conditions no. 25-612-
SC in the Federal Register (81 FR 23573), applicable to Gulfstream
Aerospace Corporation, for the Model GVI airplane. Those were the first
special conditions the FAA issued for non-rechargeable lithium battery
installations. In that document, the FAA explained its decision to make
those special conditions effective on April 22, 2017, one year after
publication in the Federal Register. In those special conditions, the
FAA stated its intention to apply non-rechargeable lithium battery and
battery system special conditions to design changes on other airplane
makes and models applied for after this same date.
Special condition no. 1 of these special conditions requires that
each individual cell within a non-rechargeable lithium battery and
battery system be designed to maintain safe temperatures and pressures.
Special condition no. 2 addresses these same issues but for the entire
battery. Special condition no. 2 requires the battery be designed to
prevent propagation of a thermal event, such as self-sustained,
uncontrollable increases in temperature or pressure from one cell to
adjacent cells.
Special condition nos. 1 and 2 are intended to ensure that the non-
rechargeable lithium battery and its cells are designed to eliminate
the potential for uncontrollable failures. However, a certain number of
failures will occur due to various factors beyond the control of the
battery designer. Therefore, other special conditions are intended to
protect the airplane and its occupants if failure occurs.
Special conditions 3, 7, and 8 are self-explanatory.
Special condition no. 4 makes it clear that the flammable-fluid
fire-protection requirements of Sec. 25.863 apply to non-rechargeable
lithium battery and battery system 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
and
[[Page 68338]]
battery systems contain an electrolyte that is a flammable fluid.
Special condition no. 5 requires that each non-rechargeable lithium
battery and battery system installation not damage surrounding
structure or adjacent systems, equipment, or electrical wiring from
corrosive fluids or gases that may escape in such a way as to cause a
major or more severe failure condition.
While special condition no. 5 addresses corrosive fluids and gases,
special condition no. 6 addresses heat. Special condition no. 6
requires that each non-rechargeable lithium battery and battery system
installation have provisions to prevent any hazardous effect on
airplane structure or systems caused by the maximum amount of heat the
battery installation can generate due to any failure of it or its
individual cells. The means of meeting special conditions nos. 5 and 6
may be the same, but the requirements are independent and address
different hazards.
These special conditions apply to all non-rechargeable lithium
battery and battery system installations, in lieu of Sec.
25.1353(b)(1) through (4) at amendment 25-123. Sections 25.1353(b)(1)
through (4) at amendment 25-123 remain in effect for other battery
installations.
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 the
airplane models listed on the AML of STC no. ST00030IB, available
online at <a href="http://rgl.faa.gov">rgl.faa.gov</a>. All models listed in the AML must be evaluated
and determined to comply with these special conditions. Additionally,
each new model added to the AML subsequently must also be evaluated and
determined to comply with these special conditions.
Should Aptoz apply at a later date for a change to STC no.
ST00030IB, to include any other model on the AML to incorporate the
same novel or unusual design feature, these special conditions would
apply to that model as well.
Should Aptoz apply at a later date for another STC to modify any
other model included on the type certificates of the models on the STC
no. ST00030IB AML, to incorporate the same novel or unusual design
feature, these special conditions would also apply to that model as
well. These special conditions are not applicable to those models for
which applicable special conditions for rechargeable lithium batteries
and battery systems have already been issued against the type
certificate for that specific model.
Conclusion
This action only affects the installation of ELTs that contain non-
rechargeable lithium batteries and battery systems for airplanes listed
on the AML of STC no. ST00030IB. It is not a rule of general
applicability and affects only the applicant who applied to the FAA for
approval of these features on the airplane.
List of Subjects in 14 CFR Part 25
Aircraft, Aviation safety, Reporting and recordkeeping
requirements.
Authority Citation
The authority citation for these special conditions is as follows:
Authority: 49 U.S.C. 106(f), 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 the airplane modelslisted on the
approved model list of supplemental type certificate no. ST00030IB, as
modified by Aptoz.
In lieu of Sec. 25.1353(b)(1) through (4) at amendment 25-123, or
Sec. 25.1353(c)(1) through (4) at earlier amendments, each non-
rechargeable lithium battery and battery system installation must:
1. Be designed to maintain safe cell temperatures and pressures,
under all foreseeable operating conditions, to prevent fire and
explosion.
2. Be designed to prevent the occurrence of self-sustaining,
uncontrollable 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 in
such a way as to cause a major or more severe failure condition.
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. Have a failure-sensing and warning system to alert the flight
crew, in the event its failure affects safe operation of the airplane.
8. Have a means for the flight crew or maintenance personnel to
determine the battery charge state if the battery's function is
required for safe operation of the airplane.
Note: A battery system consists of the battery, battery charger,
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 the battery system is referred to as a
battery.
Issued in Kansas City, Missouri, on November 8, 2022.
Patrick R. Mullen,
Manager, Technical Innovation Policy Branch, Policy and Innovation
Division, Aircraft Certification Service.
[FR Doc. 2022-24773 Filed 11-14-22; 8:45 am]
BILLING CODE 4910-13-P
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