[Federal Register Volume 72, Number 115 (Friday, June 15, 2007)]
[Rules and Regulations]
[Pages 33148-33151]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-2939]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. NM379 Special Conditions No. 25-07-12-SC]


Special Conditions: Boeing Model 777-300ER Airplane; Lithium Ion 
Battery Installation

AGENCY: Federal Aviation Administration (FAA) DOT.

ACTION: Final special conditions; request for comments.

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SUMMARY: These special conditions are issued for the Boeing Model 777-
300ER airplane. This airplane as modified by the Boeing Commercial 
Airplane Company will have a novel or unusual design feature associated 
with the use of lithium ion battery technology in on-board systems. 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: The effective date of these special conditions is June 1, 2007. 
We must receive your comments by July 30, 2007.

ADDRESSES: Comments on this rule may be mailed in duplicate to: Federal 
Aviation Administration, Transport Airplane Directorate, Attention: 
Rules Docket (ANM-113), Docket No. NM379, 1601 Lind Avenue, SW., 
Renton, Washington 98057-3356; or delivered in duplicate to the 
Transport Airplane Directorate at the above address. All comments must 
be marked Docket No. NM379. Comments may be inspected in the Rules 
Docket weekdays, except Federal holidays, between 7:30 a.m. and 4 p.m.

[[Page 33149]]


FOR FURTHER INFORMATION CONTACT: Nazih Khaouly, FAA, Airplane & 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: The FAA has determined that notice and 
opportunity for prior public comment hereon are impracticable because 
these procedures would significantly delay issuance of the design 
approval and thus delivery of the affected aircraft. In addition, these 
special conditions are identical to those issued for another model of 
airplane; those special conditions were subjected to prior notice and 
public comment. The FAA therefore finds that good cause exists for 
making these special conditions effective upon issuance.

Comments Invited

    We invite interested people to take part in this rulemaking by 
sending written comments, data, or views. The most helpful comments 
reference as 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 
about these special conditions. You can inspect the docket 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 preamble 
between 7:30 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays.
    We will consider all comments we receive by 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 these special 
conditions based on the comments we receive.
    If you want us to let you know we received your comments on these 
special conditions, send us 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

    On February 15, 2006, Boeing Commercial Airplane Group, Seattle, 
Washington, applied for an amended type certificate to install a new 
Panasonic eX2 in-flight entertainment (IFE) system in a Boeing 777-
300ER airplane. The Boeing Model 777-300ER airplane is a large twin 
engine airplane with a maximum passenger capacity of 550.
    The regulations do not address the novel and unusual design 
features associated with the installation of an IFE system that uses 
lithium ion battery technology.

Type Certification Basis

    Under the provisions of Sec.  21.101 Boeing Commercial Airplane 
Group must show that the Boeing Model 777-300ER, as changed, continues 
to meet the applicable provisions of the regulations incorporated by 
reference in Type Certificate No. T00001SE 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 T00001SE are Title 14 Code of 
Federal Regulations (CFR), part 25, as amended by Amendments 25-1 
through 25-98, except for Sec. Sec.  25.831(a) and (g) and 25.841(a), 
which remain at Amendment 25-86, and Sec.  25.853(d)(3), which remains 
at Amendment 25-82. Section 25.1517 is not part of the TC. Refer to 
Type Certificate No. T00001SE, as applicable, for a complete 
description of the certification basis for this model, including 
certain special conditions that are not relevant to these special 
conditions.
    If the Administrator finds that the applicable airworthiness 
regulations (part 25, as amended) do not contain adequate or 
appropriate safety standards for the Boeing Model 777-300ER because of 
a novel or unusual design feature, special conditions are prescribed 
under the provisions of Sec.  21.16.
    In addition to the applicable airworthiness regulations and special 
conditions, the Boeing Model 777-300ER 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 Sec.  11.19 and 
Sec.  11.38 and they become part of the type certification basis under 
Sec.  21.101.
    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, or should any other model already included on 
the same type certificate be modified to incorporate the same novel or 
unusual design feature, the special conditions would also apply to the 
other model.

Novel or Unusual Design Features

    The Boeing Commercial Airplane Group proposes using lithium ion 
battery technology for the IFE system in this airplane. High capacity, 
rechargeable lithium ion batteries are a novel or unusual design 
feature in transport category airplanes. Because of rapid improvements 
in airplane technology, the applicable airworthiness regulations do not 
contain adequate or appropriate safety standards for this design 
feature. These special conditions for the 777-300ER 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.
    Lithium ion 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 FAA is 
adopting these special conditions to require that (1) all 
characteristics of the lithium ion battery and its installation that 
could affect safe operation of the 777-300ER are addressed, and (2) 
appropriate maintenance requirements are established to ensure 
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. This led 
to additional rulemaking affecting large transport category airplanes 
as well a small airplanes. On September 1, 1977, and March 1, 1978, 
respectively the FAA issued 14 CFR 25.1353(c)(5) and (c)(6), governing 
nickel-cadmium battery installations on large transport category 
airplanes.
    The proposed use of lithium ion batteries for the IFE system on the 
Boeing Model 777-300ER airplane has prompted the FAA to review the 
adequacy of these existing regulations. Our review indicates that 
existing

[[Page 33150]]

regulations do not adequately address several failure, operational, and 
maintenance characteristics of lithium ion batteries that could affect 
the safety and reliability of the 777-300ER'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 uses of this technology, ranging from wireless telephone 
manufacturing to the electric vehicle industry, have noted safety 
problems with lithium ion batteries. These problem 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 (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 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 from overcharging increases with increasing battery 
capacity, because of the higher amount of electrolytes 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 flightcrews as a means of 
checking battery status. This is 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 
electrolytes 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 their use in commercial aviation. The intent of these 
special conditions is to establish appropriate airworthiness standards 
for lithium ion battery installations in the Boeing Model 777-300ER 
airplane and to ensure, as required by 14 CFR 25.601, that these 
battery installations 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.

Applicability

    As discussed above, these special conditions are applicable to the 
Boeing Model 777-300ER airplane. Should Boeing apply at a later date 
for a change to the type certificate to include another model 
incorporating 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 airplane. It is not a rule of general applicability.
    Under standard practice, the effective date of final special 
conditions would be 30 days after the date of publication in the 
Federal Register; however, as the certification date for the Boeing 
Model 777-300ER is imminent, the FAA finds that good cause exists to 
make these special conditions effective upon issuance.

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 Special Conditions

0
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 Boeing Model 777-300ER airplane.
    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 
Boeing Model 777-300ER 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 gases 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 gases that may escape from any lithium 
ion battery 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 14 
CFR 25.1309(b) and applicable regulatory guidance.
    (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.

[[Page 33151]]

    (9) The Instructions for Continued Airworthiness required by 14 CFR 
25.1529 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 funciton 
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 Boeing Model 777-
300ER airplane. These 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 Boeing Model 777-300ER airplane that do not use lithium ion 
batteries.


    Issued in Renton, Washington, on June 1, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 07-2939 Filed 6-14-07; 8:45 am]
BILLING CODE 4910-13-M