Unknown. Final special conditions; request for comment

4,678 words·~21 min read·/register/2017/05/16/2017-09840

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2017-05-16.xml --- 82 93 Tuesday, May 16, 2017 Contents Agriculture Agriculture Department See Rural Utilities Service Census Bureau Census Bureau NOTICES Current Mandatory Business Surveys, 22483-22484 2017--09858 Civil Rights Civil Rights Commission NOTICES Meetings: Idaho Advisory Committee, 22483 2017--09825 Coast Guard Coast Guard RULES Safety Zones: Tall Ships Charleston, Cooper River, Charleston, SC, 22417-22419 2017--09863 Special Local Regulations:

Stuart, FL, 22414-22417 2017--09883 PROPOSED RULES Anchorages: Captain of the Port Puget Sound Zone, WA, 22448 2017--09884 Safety Zones: Recurring Marine Events, Sector Key West, FL, 22448-22452 2017--09779 Commerce Commerce Department See Census Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Defense Department Defense Department See Engineers Corps NOTICES Meetings: Defense Science Board, 22521-22522 2017--09853 Education Department Education Department RULES Priorities, Requirements, Definitions, and Selection Criteria:

Striving Readers Comprehensive Literacy Program, 22419-22427 2017--09897 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: G5 System Post Award Budget Drawdown e-Form, 22531-22532 2017--09829 Written Application for the Independent Living Services for Older Individuals Who are Blind Formula Grant, 22522-22523 2017--09828 Applications for New Awards: Striving Readers Comprehensive Literacy Program, 22523-22531 2017--09896 Employee Benefits Employee Benefits Security Administration NOTICES Prohibited Transaction Exemptions:

Baxter International Inc., Deerfield, IL; Correction, 22563 2017--09838 Energy Department Energy Department See Federal Energy Regulatory Commission Engineers Engineers Corps PROPOSED RULES Use of U.S. Army Corps of Engineers Reservoir Projects for Domestic, Municipal and Industrial Water Supply, 22452 2017--09861 Environmental Protection Environmental Protection Agency PROPOSED RULES Reporting of Chemical Substances When Manufactured or Processed as Nanoscale Materials: Draft Guidance, 22452-22453 2017--09998 Federal Aviation Federal Aviation Administration RULES Special Conditions:

Airbus, Model A380-800 Series Airplanes; Non-Rechargeable Lithium Battery Installations, 22399-22402 2017--09840 Airbus, Models A318, A319, A320, and A321 Series Airplanes; Non-Rechargeable Lithium Battery Installations, 22411-22414 2017--09844 Dassault Aviation Model Falcon 900EX Airplane; Electronic System-Security Protection from Unauthorized External Access, 22411 2017--09839 Embraer S. A., Model EMB-135BJ Airplane; Non-Rechargeable Lithium Battery Installations, 22408-22411 2017--09841 Textron Aviation Inc., Model 560XL Airplane;

Non-Rechargeable Lithium Battery Installations, 22405-22408 2017--09842 The Boeing Company, Model 747-8 Series Airplanes; Non-Rechargeable Lithium Battery Installations, 22402-22405 2017--09843 PROPOSED RULES Airworthiness Directives: Airbus Airplanes, 22445-22448 2017--09845 The Boeing Company Airplanes, 22443-22445 2017--09847 Federal Bureau Federal Bureau of Investigation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 22561 2017--09788 Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Supplementary Homicide Report, 22561-22562 2017--09789 Federal Communications Federal Communications Commission RULES 2014 Quadrennial Regulatory Review, 22427-22428 2017--09889 PROPOSED RULES Accelerating Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment, 22453-22476 2017--09689 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 22542-22548 2017--09888 2017--09890 2017--09891 2017--09892 2017--09893 2017--09894 Federal Energy Federal Energy Regulatory Commission NOTICES Applications:

City of Hailey, 22536 2017--09797 New York Power Authority, 22532-22533 2017--09799 Texas Gas Transmission, LLC, 22539-22540 2017--09803 WBI Energy Transmission, Inc., 22536-22537 2017--09804 Certificates of Public Convenience and Necessity: DTE Midstream Appalachia, LLC, 22537-22538 2017--09805 Combined Filings, 22535, 22540-22541 2017--09795 2017--09796 2017--09801 Environmental Assessments; Availability, etc.: Northwest Pipeline LLC; North Fork Nooksack Line Lowering Project, 22533-22535 2017--09802 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations:

Energy Unlimited, Inc., 22540 2017--09798 Permit Applications: Maysville Pumped Storage, LLC, 22538-22539 2017--09800 Requests under Blanket Authorizations: Dominion Transmission, Inc., 22541-22542 2017--09806 Staff Attendances, 22532 2017--09807 Federal Motor Federal Motor Carrier Safety Administration NOTICES Qualification of Drivers; Exemption Applications: Diabetes Mellitus, 22605-22606 2017--09855 Epilepsy and Seizure Disorders, 22603-22605 2017--09857 Food and Drug Food and Drug Administration NOTICES Requests for Comments:

Accreditation Scheme for Conformity Assessment Pilot Program, 22548-22550 2017--09850 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 22606-22607 2017--09874 Health and Human Health and Human Services Department See Food and Drug Administration See National Institutes of Health NOTICES Meetings: Advisory Committee on Minority Health, 22551 2017--09862 Requests for Nominations: Appointment to the Presidential Advisory Council on Combating Antibiotic-Resistant Bacteria, 22550-22551 2017--09778 Homeland Homeland Security Department See Coast Guard See U.S.

Citizenship and Immigration Services Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Reporting for HUD Research, Evaluation, and Demonstration Cooperative Agreements, 22558 2017--09867 Resident Opportunity and Self-Sufficiency Service Coordinator Program Evaluation, 22559-22560 2017--09866 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from India and the People's Republic of China, 22486-22490 2017--09869 Polyethylene Terephthalate Film, Sheet and Strip from the United Arab Emirates, 22497-22498 2017--09873 Silicon Metal from Australia, Brazil, and Kazakhstan, 22490-22491 2017--09872 Steel Wire Garment Hangers from the People's Republic of China, 22485-22486 2017--09871 Initiation of Less-Than-Fair-Value Investigations: Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from the Federal Republic of Germany, India, Italy, the Republic of Korea, the People's Republic of China, and Switzerland, 22491-22497 2017--09870 International Trade Com International Trade Commission NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Helical Spring Lock Washers from China and Taiwan, 22560-22561 2017--09881 Justice Department Justice Department See Federal Bureau of Investigation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Annual Survey of Jails; Deaths in Custody Reporting Program—Local Jails; Survey of Jails in Indian Country, 22562-22563 2017--09878 Labor Department Labor Department See Employee Benefits Security Administration See Occupational Safety and Health Administration National Endowment for the Arts National Endowment for the Arts NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals; Correction, 22564-22565 2017--09880 National Endowment for the Humanities National Endowment for the Humanities NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 22565 2017--09837 National Foundation National Foundation on the Arts and the Humanities See National Endowment for the Arts See National Endowment for the Humanities National Institute National Institutes of Health NOTICES Charter Renewals:

National Cancer Institute, 22552 2017--09794 Government-Owned Invention; Availability for Licensing, 22553-22554 2017--09791 2017--09792 Meetings: Center for Scientific Review, 22552-22553, 22555-22556 2017--09780 2017--09781 National Center for Advancing Translational Sciences, 22556 2017--09782 National Heart, Lung, and Blood Institute, 22555 2017--09783 National Institute of Allergy and Infectious Diseases, 22555 2017--09784 National Institute of Arthritis and Musculoskeletal and Skin Diseases, 22554-22555 2017--09785 National Institute of Neurological Disorders and Stroke, Interagency Pain Research Coordinating Committee, 22551-22552 2017--09860 National Institute of Nursing Research, 22556 2017--09787 National Institute on Minority Health and Health Disparities, 22553-22554 2017--09786 National Institute of Dental and Craniofacial Research's 2030 Strategic Visioning Initiative, 22556-22557 2017--09859 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska:

Deep-Water Species Fishery by Vessels Using Trawl Gear in the of the Gulf of Alaska, 22441-22442 2017--09995 Fisheries Off West Coast States: Pacific Coast Groundfish Fishery; 2017-2018 Biennial Specifications and Management Measures; Inseason Adjustments, 22428-22441 2017--09877 NOTICES Exempted Fishing Permit; Applications: Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries, 22515-22516 2017--09879 Exempted Fishing Permits: Magnuson-Stevens Act Provisions;

General Provisions for Domestic Fisheries, 22499-22500 2017--09876 Meetings: New England Fishery Management Council, 22502-22504, 22516-22517 2017--09831 2017--09832 2017--09833 Pacific Fishery Management Council, 22502-22503 2017--09830 Permits: Endangered Species; File No. 21318, 22500-22502 2017--09895 Marine Mammals; File No. 20311, 22498-22499 2017--09865 Marine Mammals; File No. 20605, 22503 2017--09898 Marine Mammals; File No. 20951, 22517 2017--09854 Marine Mammals; File No. 21045, 22516 2017--09849 Takes of Marine Mammals Incidental to Specified Activities:

Seabird and Pinniped Research Activities in Central California, 2017-2018, 22504-22515 2017--09864 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Fire Protection in Shipyard Employment Standard, 22563-22564 2017--09868 Overseas Overseas Private Investment Corporation NOTICES Meetings; Sunshine Act, 22565 2017--09986 Patent Patent and Trademark Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Responses to Office Action and Voluntary Amendment Forms, 22519-22521 2017--09809 Improving the Accuracy of the Trademark Register: Possible Streamlined Version of Cancellation Proceedings on Grounds of Abandonment and Nonuse; Request for Comments, 22517-22519 2017--09856 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 22566 2017--09776 Presidential Documents Presidential Documents EXECUTIVE ORDERS Committees;

Establishment, Renewal, Termination, etc.: Election Integrity, Presidential Advisory Commission on; Establishment (EO 13799), 22389-22390 2017--10003 Defense and National Security: Cybersecurity of Federal Networks and Critical Infrastructure; Strengthening Efforts (EO 13800), 22391-22397 2017--10004 Rural Utilities Rural Utilities Service NOTICES Grant Application Deadlines and Funding Levels, 22477-22482 2017--09852 Securities Securities and Exchange Commission NOTICES Applications:

Allianz Funds, et al., 22566-22567 2017--09808 Sierra Total Return Fund, et al., 22592-22595 2017--09790 Meetings; Sunshine Act, 22573-22574 2017--09936 Self-Regulatory Organizations; Proposed Rule Changes: Bats BYX Exchange, Inc., 22587-22589 2017--09817 Bats BZX Exchange, Inc., 22583-22586 2017--09814 Chicago Board Options Exchange, Incorporated, 22580-22581 2017--09816 Chicago Stock Exchange, Inc., 22574-22576 2017--09819 Financial Industry Regulatory Authority, Inc., 22589-22590 2017--09818 Investors Exchange LLC, 22581-22583 2017--09822 NASDAQ BX, Inc., 22598-22600 2017--09813 Nasdaq GEMX, LLC, 22568-22572, 22595-22598 2017--09811 2017--09821 Nasdaq ISE, LLC, 22576-22580 2017--09812 New York Stock Exchange LLC, 22572-22573 2017--09815 NYSE Arca, Inc., 22600-22602 2017--09823 NYSE MKT LLC, 22590-22592 2017--09820 State Department State Department NOTICES Charter Renewals:

Advisory Committee for the Study of Eastern Europe and the Independent States of the Former Soviet Union, 22602 2017--09835 Culturally Significant Objects Imported for Exhibition: Modernism on the Ganges: Raghubir Singh Photographs Exhibition, 22602-22603 2017--09834 Paint the Revolution: Mexican Modernism, 1910-1950 Exhibition, 22602 2017--09919 Surface Transportation Surface Transportation Board NOTICES Abandonment Exemptions: BNSF Railway Company, Flathead County, MT, 22603 2017--09882 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration Treasury Treasury Department See Foreign Assets Control Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: New Issue Bond Program and Temporary Credit and Liquidity Program, 22607 2017--09777 U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Notice of Appeal or Motion, 22557 2017--09875 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 82 93 Tuesday, May 16, 2017 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 25 [Docket No. FAA-2017-0371; Special Conditions No. 25-672-SC] Special Conditions: Airbus, Model A380-800 Series Airplanes;

Non-Rechargeable Lithium Battery Installations AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final special conditions; request for comment. SUMMARY: These special conditions are issued for non-rechargeable lithium battery installations on the Airbus Model A380-800 series airplanes. Non-rechargeable lithium batteries are a novel or unusual design feature when compared to the state of technology envisioned in the airworthiness standards for 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. DATES: This action is effective on Airbus on May 16, 2017. We must receive your comments by June 30, 2017. ADDRESSES: Send comments identified by docket number FAA-2017-0371 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 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 425-227-2432; facsimile 425-227-1149.

SUPPLEMENTARY INFORMATION: Future Requests for Installation of Non-Rechargeable Lithium Batteries The FAA anticipates that non-rechargeable lithium batteries will be installed in most makes and models of transport category airplanes. We intend to require special conditions for certification projects involving non-rechargeable lithium battery installations to address certain safety issues until we can revise the airworthiness requirements. Applying special conditions to these installations across the range of transport category airplanes will ensure regulatory consistency.

Typically, the FAA issues special conditions after receiving an application for type certificate approval of a novel or unusual design feature. However, the FAA has found that the presence of non-rechargeable lithium batteries in certification projects is not always immediately identifiable, since the battery itself may not be the focus of the project. Meanwhile, the inclusion of these batteries has become virtually ubiquitous on in-production transport category airplanes, which shows that there will be a need for these special conditions.

Also, delaying the issuance of special conditions until after each design application is received could lead to costly certification delays. Therefore the FAA finds it necessary to issue special conditions applicable to these battery installations on particular makes and models of aircraft. 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 GVI airplane. Those were the first special conditions the FAA issued for non-rechargeable lithium battery installations.

We explained in that document our decision to make those special conditions effective one year after publication in the **Federal Register** , which is April 22, 2017. In those special conditions, the FAA stated its intention to apply non-rechargeable lithium battery special conditions to design changes on other makes and models applied for after this same date. Section 1205 of the FAA Reauthorization Act of 1996 requires the FAA to consider the extent to which Alaska is not served by transportation modes other than aviation and to establish appropriate regulatory distinctions when modifying airworthiness regulations that affect intrastate aviation in Alaska.

In consideration of this requirement and the overall impact on safety, the FAA does not intend to require non-rechargeable lithium battery special conditions for design changes that only replace a 121.5 megahertz

(MHz)emergency locator transmitter

(ELT)with a 406 MHz ELT that meets Technical Standard Order C126b, or later revision, on transport airplanes operating only in Alaska. This will support our efforts of encouraging operators in Alaska to upgrade to a 406 MHz ELT. These ELTs provide significantly improved accuracy for lifesaving services to locate an accident site in Alaskan terrain. The FAA considers that the safety benefits from upgrading to a 406 MHz ELT for Alaskan operations will outweigh the battery fire risk. Comments Invited The substance of these special conditions has been subjected to the notice and comment period in 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. 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 Airbus holds type certificate no. A58NM, which provides the certification basis for the A380-800 series airplanes. The A380-800 series airplanes are four engine, transport category airplanes with a passenger seating capacity of 853 and a maximum takeoff weight of 1,124,400 to 1,254,400 pounds, depending on the specific design. The FAA is issuing these special conditions for non-rechargeable lithium battery installations on the A380-800 series airplanes. The current battery requirements in title 14, Code of Federal Regulations (14 CFR) part 25 are inadequate for addressing an airplane with non-rechargeable lithium batteries. Type Certification Basis Under the provisions of 14 CFR 21.101, Airbus must show that the A380-800 series airplanes meet the applicable provisions of the regulations listed in type certificate no. A58NM or the applicable regulations in effect on the date of application for the change, except for earlier amendments as agreed upon by the FAA. In addition, the certification basis includes certain special conditions, exemptions, or later amended sections that are not relevant to these special conditions. 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 A380-800 series airplanes because of a novel design feature, special conditions are prescribed under the provisions of § 21.16. Special conditions are initially applicable to the airplane 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 § 21.101. In addition to the applicable airworthiness regulations and special conditions, the A380-800 series 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 § 11.38, and they become part of the type certification basis under § 21.101. Novel or Unusual Design Feature The novel or unusual design feature is the installation of non-rechargeable lithium batteries. For the purpose of these special conditions, we refer to a battery and battery system as a battery. 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. 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 that established 14 CFR part 25 in February 1965. This recodification basically reworded the CAR 4b battery requirements, which are currently in § 25.1353(b)(1) through (4). 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 revealed 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. The United Kingdom's Air Accidents Investigation Branch Bulletin S5/2013 describes this event. Some 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; • Cabin safety, entertainment, and communications equipment, including emergency locator transmitters, 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, lithium 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. Special condition no. 1 of these special conditions requires that each individual cell within a non-rechargeable lithium battery 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 conditions 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 § 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 an electrolyte that is a flammable fluid. Special condition no. 5 requires that each non-rechargeable lithium battery 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 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 installations in lieu of § 25.1353(b)(1) through

(4)at Amendment 25-123 or § 25.1353(c)(1) through

(4)at earlier amendments. Those regulations 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 These special conditions are applicable to the A380-800 series airplanes. Should Airbus apply at a later date for a change to the type certificate to include another model incorporating the same novel or unusual design feature, these special conditions would apply to that model as well. These special conditions are only applicable to design changes applied for after the effective date. These special conditions are not applicable to changes to previously certified non-rechargeable lithium battery installations where the only change is either cosmetic or to relocate the installation to improve the safety of the airplane and occupants. Previously certified non-rechargeable lithium battery installations, as used in this paragraph, are those installations approved for certification projects applied for on or before the effective date of these special conditions. A cosmetic change is a change in appearance only, and does not change any function or safety characteristic of the battery installation. These special conditions are also not applicable to unchanged, previously certified non-rechargeable lithium battery installations that are affected by a change in a manner that improves the safety of its installation. The FAA determined that these exclusions are in the public interest because the need to meet all of the special conditions might otherwise deter these design changes that improve safety. Conclusion This action affects only a certain novel or unusual design feature on one model of airplane. It is not a rule of general applicability. The substance of these special conditions has been subjected to the notice and comment period in 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 record keeping 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 the Airbus Model A380-800 series airplanes. Non-Rechargeable Lithium Battery Installations In lieu of § 25.1353(b)(1) through

(4)at Amendment 25-123 or § 25.1353(c)(1) through

(4)at earlier amendments, each non-rechargeable lithium battery 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 § 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 flightcrew if its failure affects safe operation of the airplane. 8. 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: 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 May 9, 2017. Michael Kaszycki, Assistant Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2017-09840 Filed 5-15-17; 8:45 am]

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