[Federal Register Volume 78, Number 163 (Thursday, August 22, 2013)]
[Proposed Rules]
[Pages 52107-52109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-20427]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2013-0723; Notice No. 25-13-03-SC]


Special Conditions: Boeing Model 777-200, -300, and -300ER Series 
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 Boeing Model 
777-200, -300, and -300ER series airplanes. These airplanes as modified 
by the ARINC Aerospace Company will have a novel or unusual design 
feature, specifically the rechargeable lithium ion batteries and 
battery system that will be used on an International Communications 
Group (ICG) ePhone cordless cabin handset. The applicable airworthiness 
regulations do not contain adequate or appropriate safety standards for 
this design feature. 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 October 7, 2013.

ADDRESSES: Send comments identified by docket number FAA-2013-0723 
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/ 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 August 10, 2012, the ARINC Aerospace Company applied for a 
supplemental type certificate for installing equipment that uses 
rechargeable lithium ion batteries and battery systems in the Boeing 
Model 777-200, -300, and -300ER series airplanes. The Model 777-200 
series airplanes are long-range, wide-body, twin-engine jet airplanes 
with a maximum capacity of 440 passengers. The Boeing Model 777-300 and 
777-300ER series airplanes have a maximum capacity of 550 passengers. 
The Model 777-200, -300, and -300ER series airplanes have fly-by-wire 
controls, fully software-configurable avionics, and fiber-optic 
avionics networks.
    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 promulgated. 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.

Type Certification Basis

    Under the provisions of 14 CFR 21.101, the ARINC Aerospace Company 
must show that the Boeing Model 777-200, -300, and -300ER series 
airplanes, as changed, continue 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 
Type Certificate No. T00001SE are as follows: part 25, as amended by 
Amendments 25-1 through 25-82, except for Sec.  25.571(e)(1), which 
remains at Amendment 25-71 level. In addition, the certification basis 
includes special conditions and exemptions that are not

[[Page 52108]]

relevant to these proposed 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 Boeing Model 777-200, -300, and -
300ER series 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 Boeing Model 777-200, -300, and -300ER 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 Sec.  11.38, and they become part of the type 
certification basis under Sec.  21.101.

Novel or Unusual Design Features

    The Boeing Model 777-200, -300, and -300ER series airplanes will 
incorporate the following novel or unusual design features: an 
International Communications Group (ICG) ePhone cordless cabin handset 
that will use 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 Sec.  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, 
respectively, the FAA issued Sec.  25.1353(c)(5) and (c)(6), 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 Boeing Model 777-200, -300, and -300ER 
series 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 airplanes 
with the ICG ePhone cordless cabin handset lithium ion battery 
installations.
    At present, there is 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 safety problems 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 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.
    These problems experienced by users of lithium ion batteries and 
battery systems 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 Boeing 777-200, -300, and -300ER series 
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.
    For the reasons discussed above, 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 
Boeing Model 777-200, -300, and -300ER series airplanes. Should the 
ARINC Aerospace Company apply at a later date for a supplemental type 
certificate to modify any other model included on Type Certificate No. 
T00001SE 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 series 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 Boeing Model 777-200, -300, and -300ER

[[Page 52109]]

series airplanes modified by the ARINC Aerospace Company.
    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 
Boeing Model 777-200, -300, and -300ER series airplanes are addressed, 
and (2) appropriate instructions for continued airworthiness, which 
include maintenance requirements, are established to ensure the 
availability of electrical power from the batteries when needed.
    In lieu of the requirements of 14 CFR 25.1353(b)(1) through (b)(4) 
at Amendment 25-113, the following special conditions apply. 
Rechargeable lithium ion batteries and battery systems on Boeing Model 
777-200, -300, and -300ER series 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 lithium ion batteries and battery systems must 
preclude explosion in the event of those failures.
    (2) Design of the 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 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 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) Lithium ion batteries and battery systems 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 and battery system 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 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. 
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 that could to result in personal 
injury or property damage.

    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 there is 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 of 
Boeing Model 777-200, -300, and-300ER series 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 Boeing Model 777-200, -300, and -300ER 
series airplanes that do not use rechargeable lithium ion batteries.


    Issued in Renton, Washington, on August 16, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-20427 Filed 8-21-13; 8:45 am]
BILLING CODE 4910-13-P