[Federal Register Volume 71, Number 173 (Thursday, September 7, 2006)]
[Proposed Rules]
[Pages 52755-52757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-14827]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 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. 71, No. 173 / Thursday, September 7, 2006 / 
Proposed Rules  

[[Page 52755]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. NM352; Notice No. 25-06-08-SC]


Special Conditions: Airbus Model A380-800 Airplane, Lithium Ion 
Battery Installation

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed special conditions.

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SUMMARY: This notice proposes special conditions for the Airbus A380-
800 airplane. This airplane will have novel or unusual design features 
when compared to the state of technology envisioned in the 
airworthiness standards for transport category airplanes. The Airbus 
A380-800 will incorporate the use of high capacity lithium ion battery 
technology in on-board systems. For this design feature, the applicable 
airworthiness regulations do not contain adequate or appropriate safety 
standards regarding lithium ion batteries. 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. 
Additional special conditions will be issued for other novel or unusual 
design features of the Airbus Model A380-800 airplane.

DATES: Comments must be received on or before October 23, 2006.

ADDRESSES: Comments on this proposal may be mailed in duplicate to: 
Federal Aviation Administration, Transport Airplane Directorate, 
Attention: Rules Docket (ANM-113), Docket No. NM352, 1601 Lind Avenue, 
SW., Renton, Washington 98055-3356; or delivered in duplicate to the 
Transport Airplane Directorate at the above address. All comments must 
be marked: Docket No. NM352. Comments may be inspected in the Rules 
Docket weekdays, except Federal holidays, between 7:30 a.m. and 4 p.m.

FOR FURTHER INFORMATION CONTACT: Holly Thorson, FAA, International 
Branch, ANM-116, Transport Airplane Directorate, Aircraft Certification 
Service, 1601 Lind Avenue, SW., Renton, Washington 98055-4056; 
telephone (425) 227-1357; facsimile (425) 227-1149.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    The FAA invites interested persons to participate in this 
rulemaking by submitting 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 ask that you send us two copies of written 
comments.
    We will file in the docket all comments we receive as well as a 
report summarizing each substantive public contact with FAA personnel 
concerning these proposed special conditions. The docket is available 
for public inspection before and after the comment closing date. If you 
wish to review the docket in person, go to the address in the ADDRESSES 
section of this notice between 7:30 a.m. and 4 p.m., Monday through 
Friday, except Federal holidays.
    We will consider all comments we receive on or before the closing 
date for comments. We will consider comments filed late, if it is 
possible to do so without incurring expense or delay. We may change the 
proposed special conditions in light of the comments we receive.
    If you want the FAA to acknowledge receipt of your comments on this 
proposal, include with your comments a pre-addressed, stamped postcard 
on which the docket number appears. We will stamp the date on the 
postcard and mail it back to you.

Background

    Airbus applied for FAA certification/validation of the 
provisionally-designated Model A3XX-100 in its letter AI/L 810.0223/98, 
dated August 12, 1998, to the FAA. Application for certification by the 
Joint Aviation Authorities (JAA) of Europe had been made on January 16, 
1998, reference AI/L 810.0019/98. In its letter to the FAA, Airbus 
requested an extension to the 5-year period for type certification in 
accordance with 14 CFR 21.17(c). The request was for an extension to a 
7-year period, using the date of the initial application letter to the 
JAA as the reference date. The reason given by Airbus for the request 
for extension is related to the technical challenges, complexity, and 
the number of new and novel features on the airplane. On November 12, 
1998, the Manager, Aircraft Engineering Division, AIR-100, granted 
Airbus' request for the 7-year period, based on the date of application 
to the JAA.
    In its letter AI/LE-A 828.0040/99 Issue 3, dated July 20, 2001, 
Airbus stated that its target date for type certification of the Model 
A380-800 has been moved from May 2005, to January 2006, to match the 
delivery date of the first production airplane. In a subsequent letter 
(AI/L 810.0223/98 issue 3, January 27, 2006), Airbus stated that its 
target date for type certification is October 2, 2006. In accordance 
with 14 CFR 21.17(d)(2), Airbus chose a new application date of 
December 20, 1999, and requested that the 7-year certification period 
which had already been approved be continued. The FAA has reviewed the 
part 25 certification basis for the Model A380-800 airplane, and no 
changes are required based on the new application date.
    The Model A380-800 airplane will be an all-new, four-engine jet 
transport airplane with a full double-deck, two-aisle cabin. The 
maximum takeoff weight will be 1.235 million pounds with a typical 
three-class layout of 555 passengers.

Type Certification Basis

    Under the provisions of 14 CFR 21.17, Airbus must show that the 
Model A380-800 airplane meets the applicable provisions of 14 CFR part 
25, as amended by Amendments 25-1 through 25-98. If the Administrator 
finds that the applicable airworthiness regulations do not contain 
adequate or appropriate safety standards for the Airbus A380-800 
airplane because of novel or unusual design features, special 
conditions are prescribed under the provisions of 14 CFR 21.16.
    In addition to the applicable airworthiness regulations and special 
conditions, the Airbus Model A380-800 airplane must comply with the 
fuel vent and exhaust emission requirements of

[[Page 52756]]

14 CFR part 34 and the noise certification requirements of 14 CFR part 
36. In addition, the FAA must issue a finding of regulatory adequacy 
pursuant to section 611 of Public Law 93-574, the ``Noise Control Act 
of 1972.''
    Special conditions, as defined in 14 CFR 11.19, are issued in 
accordance with 14 CFR 11.38 and become part of the type certification 
basis in accordance with 14 CFR 21.17(a)(2).
    Special conditions are initially applicable to the model for which 
they are issued. Should the type certificate for that model be amended 
later to include any other model that incorporates the same novel or 
unusual design feature, the special conditions would also apply to the 
other model under the provisions of 14 CFR 21.101.

Discussion of Novel or Unusual Design Features

Statement of Issue

    The Airbus A380-800 airplane will use lithium ion batteries for its 
emergency lighting system. Large, high capacity, rechargeable lithium 
ion batteries are a novel or unusual design feature in transport 
category airplanes. This type of battery has 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 FAA is proposing this special condition to require that 
(1) all characteristics of the lithium ion battery and its installation 
that could affect safe operation of the Airbus A380-800 airplane are 
addressed, and (2) appropriate maintenance requirements are established 
to ensure the availability of electrical power from the batteries when 
needed.

Background

    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, 14 CFR 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, 
respectively the FAA issued 14 CFR 25.1353c(5) and c(6), governing 
nickel-cadmium battery installations on large transport category 
airplanes.
    The proposed use of lithium ion batteries for the emergency 
lighting system on the Airbus A380 airplane 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 that could affect the safety and reliability of the Airbus 
A380's lithium ion battery installation.
    At present, there is limited experience with use of rechargeable 
lithium ion batteries in applications involving commercial aviation. 
However, other users of this technology, ranging from wireless 
telephone manufacturers to the electric vehicle industry, have noted 
safety problems with lithium ion batteries. These problems include 
overcharging, over-discharging, and flammability of cell components.
1. Overcharging
    In general, lithium ion batteries are significantly more 
susceptible to internal failures that can result in self-sustaining 
increases in temperature and pressure (i.e., thermal runaway) than 
their nickel-cadmium or lead-acid counterparts. This is especially true 
for overcharging which causes heating and destabilization of the 
components of the cell, leading to the formation (by plating) of highly 
unstable metallic lithium. The metallic lithium can ignite, resulting 
in a self-sustaining fire or explosion. Finally, the severity of 
thermal runaway due to overcharging increases with increasing battery 
capacity due to the higher amount of electrolyte in large batteries.
2. Over-discharging
    Discharge of some types of lithium ion batteries beyond a certain 
voltage (typically 2.4 volts) can cause corrosion of the electrodes of 
the cell, resulting in loss of battery capacity that cannot be reversed 
by recharging. This loss of capacity may not be detected by the simple 
voltage measurements commonly available to flight crews as a means of 
checking battery status--a problem shared with nickel-cadmium 
batteries.
3. Flammability of Cell Components
    Unlike nickel-cadmium and lead-acid batteries, some types of 
lithium ion batteries use liquid electrolytes that are flammable. The 
electrolyte can serve as a source of fuel for an external fire, if 
there is a breach of the battery container.
    These problems experienced by users of lithium ion batteries raise 
concern about the use of these batteries in commercial aviation. The 
intent of the proposed special condition is to establish appropriate 
airworthiness standards for lithium ion battery installations in the 
Airbus A380-800 airplane and to ensure, as required by 14 CFR 25.601, 
that these battery installations are not hazardous or unreliable. To 
address these concerns, the proposed 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 utilized 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.

Applicability

    As discussed above, these special conditions are applicable to the 
Airbus A380-800 airplane. 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 features, these special conditions 
would apply to that model as well under the provisions of Sec.  21.101.

Conclusion

    This action affects only certain novel or unusual design features 
of the Airbus A380-800 airplane. It is not a rule of general 
applicability.

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, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration (FAA) proposes the 
following special conditions as part of the type certification basis 
for the Airbus A380-800 airplane.

[[Page 52757]]

    In lieu of the requirements of 14 CFR 25.1353(c)(1) through (c)(4), 
the following special conditions apply:
    Lithium-ion batteries on the Airbus Model 380-800 airplane 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 lithium ion battery installation must preclude 
explosion in the event of those failures.
    (2) Design of the lithium ion batteries must preclude the 
occurrence of self-sustaining, uncontrolled increases in temperature or 
pressure.
    (3) No explosive or toxic gasses emitted by any lithium ion battery 
in normal operation or as the result of any failure of the battery 
charging system, monitoring system, or battery installation--not shown 
to be extremely remote--may accumulate in hazardous quantities within 
the airplane.
    (4) Installations of lithium ion batteries must meet the 
requirements of 14 CFR 25.863(a) through (d).
    (5) No corrosive fluids or gasses that escape from any lithium ion 
battery may damage surrounding airplane structure or adjacent essential 
equipment.
    (6) Each lithium ion battery installation 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) Lithium ion battery installations must have a system to control 
the charging rate of the battery automatically, 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 lithium ion battery installation whose function is required 
for safe operation of the airplane must incorporate a monitoring and 
warning feature that will provide an indication to the appropriate 
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 must contain 
maintenance requirements for measurements of battery capacity at 
appropriate intervals to ensure that batteries whose function is 
required for safe operation of the airplane will perform their intended 
function as long as the battery is installed in the airplane. The 
Instructions for Continued Airworthiness must also contain procedures 
for the maintenance of lithium ion batteries in spares storage to 
prevent the replacement of batteries whose function is required for 
safe operation of the airplane with batteries that have experienced 
degraded charge retention ability or other damage due to prolonged 
storage at a low state of charge.

    Note: These special conditions are not intended to replace 14 
CFR 25.1353(c) in the certification basis of the Airbus A380-800 
airplane. The special conditions apply only to lithium ion batteries 
and their installations. The requirements of 14 CFR 25.1353(c) 
remain in effect for batteries and battery installations of the 
Airbus A380-800 airplane that do not utilize lithium ion batteries.


    Issued in Renton, Washington, on August 28, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E6-14827 Filed 9-6-06; 8:45 am]
BILLING CODE 4910-13-P