[Federal Register Volume 78, Number 204 (Tuesday, October 22, 2013)]
[Proposed Rules]
[Pages 62495-62498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-24727]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2013-0763; Notice No. 25-13-07-SC]


Special Conditions: Learjet Model 35, 35A, 36, and 36A Airplanes; 
Rechargeable Lithium-Ion Batteries and Battery Systems

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed special conditions.

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SUMMARY: This action proposes special conditions for the Learjet Model 
35, 35A, 36, and 36A airplanes. These airplanes, as modified by 
Peregrine, 13000 E. Control Tower Road, Unit K-4, Englewood, CO, 80112, 
will have a novel or unusual design feature associated with 
rechargeable lithium-ion batteries and battery systems. These batteries 
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 this design 
feature.

[[Page 62496]]

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 November 12, 2013.

ADDRESSES: Send comments, identified by docket number FAA-2013-0763, 
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 8 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:

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 on or before the closing 
date for comments. We may change these special conditions based on the 
comments we receive.

Background

    On June 29, 2012, Peregrine applied for a supplemental type 
certificate for installing equipment that uses rechargeable lithium-ion 
battery systems in Learjet Model 35, 35A, 36, and 36A airplanes. The 
Learjet Model 35, 35A, 36, and 36A airplanes are small transport-
category airplanes powered by two turbojet engines, with maximum 
takeoff weights of up to 18,000 pounds. These airplanes operate with a 
two-pilot crew and can seat up to eight passengers. The Learjet Model 
35, 35A, 36, and 36A airplanes are powered by two Garrett TF731-2-2B 
engines, and are equipped with an emergency power supply and software-
configurable avionics.
    Existing airworthiness regulations did not anticipate the use of 
lithium-ion batteries and battery systems on aircraft. Lithium-ion 
batteries and battery systems have new hazards that were not 
contemplated when the existing regulations were issued. In Title 14, 
Code of Federal Regulations (14 CFR) 25.1353, the FAA provided an 
airworthiness standard for lead-acid batteries and nickel-cadmium 
batteries. These special conditions provide an equivalent level of 
safety as that of the existing regulation. The current regulations are 
not adequate for rechargeable lithium-battery and battery system 
installations. Additional lithium-battery and battery system special 
conditions are required to ensure the same level of safety as set forth 
by the existing regulation intended for other battery technology.

Type Certification Basis

    Under the provisions of 14 CFR 21.17, Peregrine must show that the 
Learjet Model 35, 35A, 36, and 36A airplanes, as changed, continue to 
meet the applicable provisions of the regulations incorporated by 
reference in Type Certificate No. A10CE or the applicable regulations 
in effect on the date of application for the change. The regulations 
incorporated by reference in the type certificate are commonly referred 
to as the ``original type certification basis.'' The regulations 
incorporated by reference in Type Certificate No. A10CE are as follows:
    Title 14, Code of Federal Regulations part 25, effective February 
1, 1965, as amended by Amendments 25-1, 25-2, 25-4, 25-7, 25-18, and 
Sec.  25.571(d) of Amendment 25-10; Special Conditions set forth in FAA 
letter to Learjet dated March 1, 1967; Special Conditions No. 25-50-CE-
6 dated April 18, 1973, and Amendment 1 dated September 18, 1973. The 
certification basis for Models 35A and 36A also includes Special 
Conditions No. 25-72-CE-8 dated November 3, 1976, and Amendment 1 dated 
March 14, 1978. The certification basis for Model 35A, in addition to 
the basis listed above, includes Special Conditions 25-ANM-28 dated May 
3, 1989. In addition, the certification basis includes certain later 
amended sections of the applicable part 25 regulations that are not 
relevant to these special conditions.
    If the regulations incorporated by reference do not provide 
adequate standards regarding the change, the applicant must comply with 
certain regulations in effect on the date of application for the 
change.
    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 Learjet Model 35, 35A, 36, and 36A 
airplanes 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 applicant apply for a supplemental type 
certificate to modify any other model included on the same type 
certificate, to incorporate the same or similar novel or unusual design 
feature, the special conditions would also apply to the other model 
under Sec.  21.101.
    In addition to the applicable airworthiness regulations and special 
conditions, the Learjet Model 35, 35A, 36, and 36A 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.
    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 Learjet Model 35, 35A, 36, and 36A airplanes will incorporate 
the

[[Page 62497]]

following novel or unusual design features: a Mid-Continent MD835-5 
Emergency Power Supply that uses a rechargeable lithium-ion battery and 
battery system. Lithium-ion batteries and battery systems have certain 
failure, operational, and maintenance characteristics that differ 
significantly from those of the nickel-cadmium and lead-acid 
rechargeable batteries. Rechargeable lithium-ion batteries and battery 
systems are considered to be a novel or unusual design feature in 
transport-category airplanes, with respect to the requirements in 14 
CFR 25.1353.

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 re-codification of CAR 
4b that established 14 CFR part 25 in February 1965. The new battery 
requirements, Sec.  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 which led 
to additional rulemaking affecting large transport-category airplanes 
as well as small airplanes. On September 1, 1977 and March 1, 1978, the 
FAA issued Sec.  25.1353(c)(5) and (c)(6), respectively, governing 
nickel-cadmium battery installations on large transport-category 
airplanes.
    The proposed use of lithium-ion batteries and battery systems for 
equipment and systems on the Learjet Model 35, 35A, 36, and 36A 
airplanes has 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-ion batteries and battery systems that could 
affect the safety and reliability of the MD835-5 Emergency Power Supply 
installations.
    At present, commercial aviation has limited experience with use of 
rechargeable lithium-ion batteries and battery systems in applications 
involving commercial aviation. However, other users of this technology, 
ranging from wireless telephone manufacturers to the electric-vehicle 
industry, have noted potential hazards with lithium-ion batteries and 
battery systems. These problems include overcharging, over-discharging, 
and flammability of cell components.

1. Overcharging

    In general, lithium-ion batteries and battery systems 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 
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-ion batteries and battery 
systems, 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-ion batteries and battery systems 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.
    The problems lithium-ion battery and battery-system users 
experience raise concern about the use of these batteries in commercial 
aviation. The intent of the proposed special conditions is to establish 
appropriate airworthiness standards for lithium-ion battery 
installations in the Learjet Model 35, 35A, 36, and 36A airplanes and 
to ensure, as required by Sec. Sec.  25.1309 and 25.601, that these 
lithium-ion batteries and battery systems are not hazardous or 
unreliable. To address these concerns, these special conditions adopt 
the following requirements:
     Those sections of 14 CFR 25.1353 that are applicable to 
lithium ion batteries.
     The flammable fluid fire protection requirements of 14 CFR 
25.863. In the past, this rule was not applied to batteries of 
transport category airplanes, since the electrolytes used in lead-acid 
and nickel-cadmium batteries are not flammable.
     New requirements to address the hazards of overcharging 
and over-discharging that are unique to lithium ion batteries.
     New maintenance requirements to ensure that batteries used 
as spares are maintained in an appropriate state of charge.
    These special conditions are similar to lithium-ion batteries and 
battery systems special conditions adopted for numerous other aircraft, 
including Boeing Model 787 (72FR57842; October 11, 2007).

Applicability

    As discussed above, these special conditions are applicable to the 
Learjet Model 35, 35A, 36, and 36A airplanes. Should Peregrine apply at 
a later date for a supplemental type certificate to modify any other 
model included on Type Certificate No. A10CE, to incorporate 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 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 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 Proposed Special Conditions

    Accordingly, the Federal Aviation Administration (FAA) proposes the 
following special conditions as part of the type certification basis 
for the Learjet Model 35, 35A, 36, and 36A airplanes modified by 
Peregrine.
    These proposed special conditions require that (1) all 
characteristics of the rechargeable lithium-ion batteries and battery 
systems, and their installation, that could affect safe operation of 
the Learjet Model 35, 35A, 36, and 36A airplanes, are addressed, and 
(2) appropriate Instructions for Continued Airworthiness, which include 
maintenance requirements, are established to ensure the availability of 
electrical power, when needed, from the batteries.
    The FAA proposes that the following special conditions apply to all 
rechargeable lithium-ion batteries and battery systems on Learjet Model 
35, 35A, 36, and 36A airplanes, in lieu of

[[Page 62498]]

the requirements of Sec.  25.1353(b)(1) through (b)(4) at Amendment 25-
113:
    Rechargeable lithium-ion batteries and battery systems on Learjet 
Model 35, 35A, 36, and 36A airplanes 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-ion batteries and battery 
systems must preclude explosion in the event of those failures.
    2. Design of the rechargeable lithium-ion batteries and battery 
systems must preclude the occurrence of self-sustaining, uncontrolled 
increases in temperature or pressure.
    3. No explosive or toxic gases emitted by any rechargeable lithium-
ion batteries and battery systems in normal operation, or as the result 
of any failure of the battery charging system, monitoring system, or 
battery installation that is not shown to be extremely remote, may 
accumulate in hazardous quantities within the airplane.
    4. Installations of rechargeable lithium-ion batteries and battery 
systems must meet the requirements of Sec.  25.863(a) through (d).
    5. No corrosive fluids or gases that may escape from any lithium-
ion batteries and battery systems 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 Sec.  25.1309(b) and applicable regulatory guidance.
    6. Each lithium-ion battery and battery system 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. Rechargeable lithium-ion batteries and battery systems must have 
a system to automatically control the charging rate of the battery, so 
as to prevent battery overheating or overcharging, and:
    i. 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,
    ii. 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-ion batteries and battery systems, the 
function of which are 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-of-
charge of the batteries has fallen below levels considered acceptable 
for dispatch of the airplane.
    9. The Instructions for Continued Airworthiness required by Sec.  
25.1529 must contain maintenance requirements to assure that the 
lithium-ion batteries are sufficiently charged at appropriate intervals 
specified by the battery manufacturer and the equipment manufacturer of 
the rechargeable lithium-ion battery or rechargeable lithium-ion 
battery system. This is required to ensure that rechargeable lithium-
ion batteries and 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-ion batteries and battery systems, which could 
result in short-circuit or other unintentional impact damage caused by 
dropping or other destructive means.

    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 the 
battery experiences 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 
Sec.  25.1353(b) at Amendment 25-113 in the certification basis for 
Learjet Model 35, 35A, 36, and 36A airplanes. These special 
conditions apply only to rechargeable lithium-ion batteries and 
battery systems and their installations. The requirements of Sec.  
25.1353(b) at Amendment 25-113 remain in effect for batteries and 
battery installations on Learjet Model 35, 35A, 36, and 36A 
airplanes that do not use rechargeable lithium-ion batteries.


    Issued in Renton, Washington, on September 19, 2013.
Ross Landes,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-24727 Filed 10-21-13; 8:45 am]
BILLING CODE 4910-13-P