[Federal Register Volume 74, Number 66 (Wednesday, April 8, 2009)]
[Rules and Regulations]
[Pages 15831-15833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-7907]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
week.

========================================================================


Federal Register / Vol. 74, No. 66 / Wednesday, April 8, 2009 / Rules 
and Regulations

[[Page 15831]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. NM401; Special Conditions No. 25-380-SC]


Special Conditions: Rosemount Aerospace Inc., Modification to 
Boeing 737-600, -700, -800, and -900 Series Airplanes: Lithium Battery 
Systems

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

-----------------------------------------------------------------------

SUMMARY: These special conditions are issued for the Boeing 737-600, -
700, -800, and -900 Series airplanes. These airplanes, as modified by 
Rosemount Aerospace Inc., will have a novel or unusual design feature 
associated with the installation of lithium batteries. 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 March 30, 
2009. We must receive your comments by May 26, 2009.

ADDRESSES: You must mail two copies of your comments to: Federal 
Aviation Administration, Transport Airplane Directorate, Attn: Rules 
Docket (ANM-113), Docket No. NM401, 1601 Lind Avenue, SW., Renton, 
Washington 98057-3356. You may deliver two copies to the Transport 
Airplane Directorate at the above address. You must mark your comments: 
Docket No. NM401. You can inspect comments in the Rules Docket 
weekdays, except Federal holidays, between 7:30 a.m. and 4 p.m.

FOR FURTHER INFORMATION CONTACT: Nazih Khaouly, ANM-111, Transport 
Airplane Directorate, Aircraft Certification Service, 1601 Lind Avenue, 
SW., Renton, Washington 98057-3356; telephone (425) 227-2432; facsimile 
(425) 227-1320.

SUPPLEMENTARY INFORMATION: The FAA has determined that notice of, and 
opportunity for prior public comment on, these special conditions are 
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 
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 a specific portion of the special conditions, explain the 
reasons for recommended changes, 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 may change these special conditions based on the comments 
we receive.
    If you want us to acknowledge receipt of your comments on these 
special conditions, include with your comments a self-addressed, 
stamped postcard on which you have written the docket number. We will 
stamp the date on the postcard and mail it back to you.

Background

    On October 4, 2007, Rosemount Aerospace Inc. applied for a 
supplemental type certificate for the installation of a Rosemount 
Aerospace Inc., 8700A1-3 Series Electronic Flight Bag (EFB) in Boeing 
737-600, -700, -800, and -900 Series airplanes.

Type Certification Basis

    Under the provisions of Sec.  21.101, Rosemount Aerospace Inc. must 
show that the Boeing 737-600, -700, -800, and -900 Series airplanes, as 
changed, continue to meet the applicable provisions of the regulations 
incorporated by reference in Type Certificate No. A16WE 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 regulation incorporated by reference in 
A16WE is 14 CFR 25.1353 at Amendment 25-38.
    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 Rosemount Aerospace Inc. EFB 
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 Rosemount Aerospace Inc., Boeing 737-600, -700, -800, 
and -900 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; and the FAA must issue a finding of 
regulatory adequacy under Sec.  611 of Public Law 92-574, the ``Noise 
Control Act of 1972.''
    The FAA issues special conditions, as defined in Sec.  11.19, in 
accordance with 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 applicant apply for a supplemental type 
certificate 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.

[[Page 15832]]

Novel or Unusual Design Features

    The Rosemount Aerospace Inc. modification to Boeing 737-600, -700, 
-800, and -900 Series airplanes will incorporate the following novel or 
unusual design feature: a lithium 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, 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, the FAA issued 14 CFR 25.1353(c)(5) and (c)(6), respectively, 
governing nickel-cadmium battery installations on large, transport-
category airplanes.
    The proposed use of lithium batteries for equipment and systems on 
Boeing 737-600, -700, -800, and -900 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 batteries that could affect the safety and reliability of 
lithium-battery installations on Boeing 737-600, -700, -800, and -900 
Series airplanes.
    At present, the airplane industry has limited experience with the 
use of rechargeable lithium batteries in commercial-aviation 
applications. However, other users of this technology, including 
wireless-telephone manufacturers and the electric-vehicle industry, 
have noted safety problems with 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 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. 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 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 batteries use flammable liquid electrolytes. The electrolyte 
can serve as a source of fuel for an external fire if the battery 
container is breached.
    These data, recorded by users of lithium batteries, raise concerns 
about the use of these batteries in commercial aviation. The intent of 
the proposed special condition is to establish appropriate 
airworthiness standards for lithium-battery installations in Boeing 
737-600, -700, -800, and -900 Series airplanes and to ensure, as 
required by 14 CFR 25.1309 and 25.601, that these battery installations 
are not hazardous or unreliable.

Applicability

    As discussed above, these special conditions are applicable to the 
Rosemount Aerospace Inc., 8700A1-3 Series Electronic Flight Bag. Should 
Rosemount Aerospace Inc. apply at a later date for a supplemental type 
certificate to modify any other model included on Type Certificate No. 
A16WE, 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 Rosemount Aerospace Inc., 8700A1-3 Series EFBs installed on Boeing 
737-600, -700, -800, and -900 Series airplanes. 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 issuance. 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.


0
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 Boeing 737-600, -700, -800, -900 
Series airplanes modified by Rosemount Aerospace Inc. Lithium batteries 
and battery installations on Boeing 737-600, -700, -800, and -900 
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-battery installation must preclude 
explosion in the event of those failures.
    2. Design of the lithium batteries must preclude the occurrence of 
self-sustaining, uncontrolled increases in temperature or pressure.
    3. No explosive or toxic gases, emitted by any 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 lithium 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 
battery

[[Page 15833]]

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-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 battery installations must have a system to 
automatically control the charging rate of the battery, 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 lithium-battery installation, the function of which is 
required for safe operation of the airplane, must incorporate a 
monitoring-and-warning feature that provides an indication to the 
appropriate flight-crew members when 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 14 CFR 
25.1529 (and 26.11), must contain maintenance steps to:
    a. Assure that the lithium battery is sufficiently charged at 
appropriate intervals specified by the battery manufacturer.
    b. Ensure the integrity of lithium 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.
    The Instructions for Continued Airworthiness maintenance procedures 
must contain precautions to prevent mishandling of the lithium battery, 
which could result in short-circuit or other unintentional damage that, 
in turn, 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's 
ability to charge and retain a full charge is reduced. 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 14 
CFR 25.1353(b) in the certification basis of the Boeing 737-600, -
700, -800, and -900 Series airplanes. These special conditions apply 
only to lithium batteries and their installations. The requirements 
of 14 CFR 25.1353(b) remain in effect for batteries and battery 
installations in Boeing 737-600, -700, -800, and -900 Series 
airplanes that do not use lithium batteries.

    Compliance with the requirements of these special conditions must 
be shown by test, or analysis by the Aircraft Certification Office, or 
its designees, with the concurrence of the FAA Transport Airplane 
Directorate.

    Issued in Renton, Washington, on March 30, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-7907 Filed 4-7-09; 8:45 am]
BILLING CODE 4910-13-P