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Rules and Regulations Federal Register

15831 

Vol. 74, No. 66 

Wednesday, April 8, 2009 

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 § 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 typecertification 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 

§ 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 

§ 611 of Public Law 92–574, the ‘‘Noise 

Control Act of 1972.’’ 

The FAA issues special conditions, as 

defined in § 11.19, in accordance with 

§ 11.38, and they become part of the 

type-certification basis under § 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. 


rwilkins on PROD1PC63 with RULES
15832 Federal Register / Vol. 74, No. 66 / Wednesday, April 8, 2009 / Rules and Regulations 

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 recodification 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, transportcategory 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 selfsustaining 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. 

■ 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 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 selfsustaining, 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 


rwilkins on PROD1PC63 with RULES
Federal Register / Vol. 74, No. 66 / Wednesday, April 8, 2009 / Rules and Regulations 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-andwarning 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 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. NM402; Special Conditions No. 

25–381–SC] 

Special Conditions: TTF Aerospace, 

LLC, Modification to Boeing Model 

767–400 Series Airplanes; Aft LowerLobe Crew-Rest Module (CRM) 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions; request 

for comments. 

SUMMARY: These special conditions are 

issued for Boeing Model 767–400 series 

airplanes. These airplanes, modified by 

TTF Aerospace, LLC (TTF), will have a 

novel or unusual design feature 

associated with an aft, lower-lobe, crewrest module (CRM). 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 for these 

special conditions is March 31, 2009. 

We must receive comments by May 26, 

2009. 

ADDRESSES: Please mail two copies of 

your comments to: Federal Aviation 

Administration, Transport Airplane 

Directorate, Attention: Rules Docket 

(ANM–113), Docket No. NM402, 1601 

Lind Avenue, SW., Renton, Washington 

98057–3356. You may deliver two 

copies to the Transport Airplane 

Directorate at the same address. You 

must mark your comments: Docket No. 

NM402. 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: John 

Shelden, FAA, Airframe/Cabin Safety 

Branch, ANM–115, Transport Airplane 

Directorate, Aircraft Certification 

Service, 1601 Lind Avenue, SW., 

Renton, Washington, 98057–3356; 

telephone (425) 227–2785; facsimile 

(425) 227–1320. 

SUPPLEMENTARY INFORMATION: The FAA 

has determined that notice and 

opportunity for prior public comment 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 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 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 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. 


rwilkins on PROD1PC63 with RULES