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[Federal Register Volume 79, Number 188 (Monday, September 29, 2014)]
[Rules and Regulations]
[Pages 58243-58245]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-23042]

[[Page 58243]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2014-0737; Special Conditions No. 25-570-SC]

Special Conditions: Boeing, Model 767-200/-300 Series Airplane, 
as Modified by Avionics Support Group; Installed Rechargeable Lithium 
Batteries and Battery Systems

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 767-
200/-300 series airplanes. These airplanes, as modified by Avionics 
Support Group, will have a novel or unusual design feature when 
compared to the state of technology envisioned in the airworthiness 
standards for transport category airplanes. This design feature is an 
ePhone handset for use with the ICS SATCOM System that will use 
rechargeable lithium batteries and battery 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 September 29, 
2014. We must receive your comments by November 13, 2014.

ADDRESSES: Send comments identified by docket number FAA-2014-0737 
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, 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: The FAA has determined that notice of, and 
opportunity for prior public comment on, these special conditions is 
impracticable because these procedures would significantly delay 
issuance of the design approval and thus delivery of the affected 
aircraft. In addition, the substance of these special conditions has 
been subject to the public comment process in several prior instances 
with no substantive comments received. The FAA therefore finds that 
good cause exists for making these special conditions effective upon 
publication in the Federal Register.

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

Background

    On March 3, 2014, Avionics Support Group applied for a supplemental 
type certificate (STC) for the installation of an ePhone handset for 
use with the ICG ICS-120A/220A SATCOM System that will use rechargeable 
lithium batteries and battery systems. The Model 767-200/-300 series 
airplanes are transport category airplanes powered by two turbo-fan 
engines.
    Rechargeable lithium 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 transport 
category airplanes.

Type Certification Basis

    Under the provisions of 14 CFR 21.101, Avionics Support Group must 
show that the Model 767-200/-300, as changed, continues to meet the 
applicable provisions of the regulations incorporated by reference in 
Type Certificate No. A1NM 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.''
    In addition, 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 Model 767-200/-300 series 
airplanes because of a novel or unusual design feature, special 
conditions are prescribed under the provisions of 14 CFR 21.16.
    Special conditions are initially applicable to the model for which 
they are issued. Should the applicant apply for an STC to modify any 
other model included on the same type certificate to incorporate the 
same novel or unusual design feature, the special conditions would also 
apply to the other model.
    In addition to the applicable airworthiness regulations and special 
conditions, the Model 767-200/-300 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 14 CFR 21.101.

[[Page 58244]]

Novel or Unusual Design Features

    The Model 767-200/-300 series airplanes will incorporate the 
following novel or unusual design feature: The installation of an 
ePhone handset for use with the ICG ICS-120A/220A SATCOM System that 
will use rechargeable lithium batteries and battery system.

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 that 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 rechargeable lithium batteries for equipment 
and systems on the Model 767-200/-300 series airplanes 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 
rechargeable lithium batteries that could affect the safety and 
reliability of the lithium battery installations.
    At present, there is limited experience with the use of 
rechargeable lithium 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 rechargeable lithium 
batteries. These problems include overcharging, over-discharging, and 
flammability of cell components.

1. Overcharging

    In general, lithium 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 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 battery cells 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 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 batteries raise 
concern about the use of these batteries in commercial aviation. The 
intent of the special conditions are to establish appropriate 
airworthiness standards for lithium battery installations in the Model 
767-200/-300 series airplanes and to ensure, as required by Sec. Sec.  
25.1309 and 25.601, that these batteries are not hazardous or 
unreliable.
    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 
Boeing Model 767-200/-300 series airplanes. Should Avionics Support 
Group apply at a later date for a supplemental type certificate to 
modify any other model included on Type Certificate No. A1NM 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 two airplane model series. It is not a rule of general applicability 
and affects only the applicant who applied to the FAA for approval of 
these features on the airplane.
    The substance of these special conditions has been subjected to the 
notice and comment period in several 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, because a delay would 
significantly affect the certification of the airplane, which is 
imminent, 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 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

    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 Boeing Model 767-200/-300 series 
airplanes modified by Avionics Support Group.

Installed Rechargeable Lithium Batteries and Battery Systems.

    These special conditions require that (1) all characteristics of 
the rechargeable lithium batteries and battery installation that could 
affect safe operation of the Model 767-200/-300 series 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.
    In lieu of the requirements of Title 14, Code of Federal 
Regulations (14 CFR) 25.1353(b)(1) through (b)(4) at Amendment 25-123, 
all rechargeable lithium batteries and battery systems on Model 767-
200/-300 series airplanes, modified by Avionics Support Group, must be 
designed and installed as follows:
    1. Safe cell temperatures and pressures must be maintained during 
any foreseeable charging or discharging

[[Page 58245]]

condition and during any failure of the charging or battery monitoring 
system not shown to be extremely remote. The rechargeable lithium 
battery installation must preclude explosion in the event of those 
failures.
    2. Design of the rechargeable lithium batteries must preclude the 
occurrence of self-sustaining, uncontrolled increases in temperature or 
pressure.
    3. No explosive or toxic gases emitted by any rechargeable lithium 
battery in normal operation, or as the result of any failure of the 
battery charging system, monitoring system, or battery installation 
which is not shown to be extremely remote, may accumulate in hazardous 
quantities within the airplane.
    4. Installations of rechargeable lithium batteries must meet the 
requirements of Sec.  25.863(a) through (d).
    5. No corrosive fluids or gases that may escape from any 
rechargeable lithium 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 Sec.  25.1309(b) and applicable regulatory guidance.
    6. Each rechargeable lithium 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. Rechargeable lithium battery installations must have a system to 
control the charging rate of the battery automatically, so as to 
prevent battery overheating or overcharging, and,
    a. 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,
    b. 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 battery installation, the function of 
which 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 
battery is sufficiently charged at appropriate intervals specified by 
the battery manufacturer and the equipment manufacturer that contain 
the rechargeable lithium battery or rechargeable lithium battery 
system. This is required to ensure that lithium rechargeable batteries 
and lithium rechargeable battery systems will not degrade below 
specified ampere-hour levels sufficient to power the airplane systems 
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 battery and rechargeable lithium battery systems, 
which could result in short-circuit or other unintentional impact 
damage caused by dropping or other destructive means that could 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 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) in the certification basis of airplane Model 767-
200/-300 series airplanes. These special conditions apply only to 
rechargeable lithium batteries and lithium battery systems and their 
installations. The requirements of Sec.  25.1353(b) remain in effect 
for batteries and battery installations on Model 767-200/-300 series 
airplanes that do not use lithium batteries.

    Issued in Renton, Washington, on September 19, 2014.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-23042 Filed 9-26-14; 8:45 am]
BILLING CODE 4910-13-P
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