15838 Federal Register / Vol. 74, No. 66 / Wednesday, April 8, 2009 / Rules and Regulations 

Fire protection features 

Stowage compartment interior 

volumes 

Less than 

25 ft 3

25 ft 3 to 

57 ft 3

57 ft 3 to 

200 ft 3

Detectors 2 ..................................................................................................................................................... No ............ Yes .......... Yes. 

Liner 3 ............................................................................................................................................................. No ............ No ............ Yes. 

Locating Device 4 ........................................................................................................................................... No ............ Yes .......... Yes. 

1 Material: The material used to construct each enclosed stowage compartment must at least be fire resistant and must meet the flammability 

standards for interior components specified in § 25.853. For compartments with an interior volume less than 25 cubic feet, the design must contain a fire likely to occur within the compartment under normal use. 2 Detectors: Enclosed stowage compartments equal to or exceeding 25 cubic feet in interior volume must have a smoke- or fire-detection system to ensure that a fire can be detected within 1 minute. Flight tests must be conducted to show compliance with this requirement. Each system 

must provide the following: 

(a) A visual indication in the flight deck within 1 minute after the start of a fire; 

(b) An aural warning in the CRM; and 

(c) A warning in the main passenger compartment. This warning must be readily detectable by a flight attendant, taking into account the location of flight attendants throughout the main passenger compartment during various phases of flight. 3 Liner: If the material used to construct the stowage compartment meets the flammability requirements of a liner for a Class B cargo compartment, then no liner would be required for enclosed stowage compartments equal to or greater than 25 cubic but less than 57 cubic feet in interior 

volume. For those enclosed stowage compartments the interior volume of which is equal to or greater than 57 cubic feet, but less than or equal 

to 200 cubic feet, the liner must meet the requirements of § 25.855 at Amendment 25–72 for a Class B cargo compartment. 4 Location Detector: Crew-rest areas that contain enclosed stowage compartments interior volumes of which exceed 25 cubic feet, and that are 

located away from one central location, such as the entry to the CRM or a common area within the CRM, would require additional fire-protection 

devices to assist the firefighter in determining the location of a fire. 

Issued in Renton, Washington, on March 

31, 2009. 

Stephen P. Boyd, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–7901 Filed 4–7–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. NM395; Special Conditions No. 

25–379–SC] 

Special Conditions: Dassault Falcon 

2000 Series Airplanes; Aircell Airborne 

Satcom Equipment Consisting of a 

Wireless Handset and Associated Base 

Station, With Lithium Battery 

Installations 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions. 

SUMMARY: These special conditions are 

issued for the Dassault Falcon 2000 

series airplanes. These airplanes, as 

modified by Aircell LLC, will have a 

novel or unusual design feature 

associated with the Aircell airborne 

satcom equipment (ASE) which use 

lithium battery technology. 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: Effective Date: May 8, 2009. 

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: 

Background 

On March 15, 2007, Aircell LLC, 

applied for a type design change to an 

existing STC (ST01388WI–D), to install 

additional equipment on Dassault 

Falcon 2000 series airplanes. This 

installation adds components to the 

existing airplane installation to include 

a low power Wi-Fi handset containing 

a single cell lithium polymer 

rechargeable battery. The battery 

identified for application in this design 

is a low capacity, single cell lithium 

polymer rechargeable battery, with a 

nominal capacity of 1400mAh and a 

nominal voltage of 3.7V. The battery has 

a weight of 26.5 grams. The battery has 

been Underwriters Laboratories, Inc. 

(UL) tested and qualified by DO–160E in 

the Aircell handset (P12857). The 

design is supported by a System Safety 

Assessment/Functional Hazard 

Assessment (SSA/FHA) analysis. The 

Aircell Wi-Fi handset, which is a 

component of the Aircell ASE, consists 

of a wireless handset and associated 

base station (cradle and charging unit), 

both with protective circuits and fuse 

devices which provide multiple levels 

of redundant protection from hazards, 

such as overcharging or discharging. 

The lithium battery is installed in the 

handset. 

A lithium 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 

large transport category airplanes. The 

FAA is issuing these special conditions 

to require that (1) all characteristics of 

the lithium batteries and their 

installations that could affect safe 

operation of the Dassault Falcon 2000 

are addressed, and (2) appropriate 

continued airworthiness instructions, 

which include maintenance 

requirements, are established to ensure 

the availability of electrical power from 

the batteries when needed. At present, 

there is limited experience with use of 

rechargeable lithium batteries 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 batteries. These 

problems include overcharging, overdischarging, 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 that 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 


rwilkins on PROD1PC63 with RULES
Federal Register / Vol. 74, No. 66 / Wednesday, April 8, 2009 / Rules and Regulations 15839 

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 

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—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. Accordingly, the proposed use 

of lithium batteries in the Aircell ASE 

on Dassault Falcon 2000 series aircraft 

has prompted the FAA to review the 

adequacy of existing regulations in Title 

14 Code of Federal Regulations (14 CFR) 

part 25. 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. 

The intent of these special conditions 

is to establish appropriate airworthiness 

standards for lithium batteries in 

Dassault Falcon 2000 series aircraft, 

modified Aircell LLC., and to ensure, as 

required by § 25.601, that these battery 

installations are not hazardous or 

unreliable. Accordingly, these special 

conditions include the following 

requirements: 

• Those provisions of § 25.1353 

which are applicable to lithium 

batteries. 

• The flammable fluid fire protection 

provisions of § 25.863. 

In the past, this regulation 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 overdischarging that are unique to lithium 

batteries. 

• New Instructions for Continuous 

Airworthiness that include maintenance 

requirements to ensure that batteries 

used as spares are maintained in an 

appropriate state of charge. 

Type Certification Basis 

Under the provisions of 14 CFR 

21.101, Aircell LLC, must show that the 

Dassault Falcon 2000 series airplanes, as 

changed, continues to meet the 

applicable provisions of the regulations 

incorporated by reference in Type 

Certificate No. Type Certificate A50NM, 

Revision 3, 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 certification basis for Dassault 

Falcon 2000, is listed in Type Certificate 

A50NM, Revision 3, dated September 

21, 2004. In addition, the certification 

basis includes certain special conditions 

and exemptions that are not relevant to 

these special conditions. Also, if the 

regulations incorporated by reference do 

not provide adequate standards with 

respect to 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., part 25, as amended) do not 

contain adequate or appropriate safety 

standards for Dassault Aviation Falcon 

2000 series airplanes because of a novel 

or unusual design feature, special 

conditions are prescribed under the 

provisions of 14 CFR 21.16. 

In addition to the applicable 

airworthiness regulations and special 

conditions, the Dassault Falcon 2000 

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, under § 11.38, 

and they become part of the type 

certification basis in accordance with 

§ 21.101. 

Special conditions are initially 

applicable to the models for which they 

are issued. Should Aircell LLC. apply 

for a supplemental type certificate to 

modify any other model included on 

Type Certificate No. A50NM to 

incorporate the same or similar novel or 

unusual design feature, these special 

conditions would also apply to the other 

model. 

Novel or Unusual Design Features 

The Dassault Aviation Falcon 2000 

series airplanes, as modified by Aircell 

LLC., to include the Aircell ASE which 

will use lithium battery technology, will 

incorporate a novel or unusual design 

feature. 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 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. 

The Aircell Access system will 

include lithium battery installations. 

The application of a rechargeable 

lithium battery is 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 nickelcadmium and lead-acid rechargeable 

batteries currently approved for 

installation on large transport category 

airplanes. The FAA issues these special 

conditions to require that (1) all 

characteristics of the lithium battery and 

its installation that could affect safe 

operation of the satellite communication 

system are addressed, and (2) 

appropriate maintenance requirements 

are established to ensure that electrical 

power is available from the batteries 

when it is needed. 

Discussion of Comments 

Notice of proposed special conditions 

No. 25–08–07–SC for the Dassault 

Falcon 2000 series airplanes was 

published in the Federal Register on 

November 20, 2008 (73 FR 70286). One 

comment was received from Dassault 

Falcon Jet Corporation. 

Comment: Dassault requested that an 

additional safety requirement be added 

to the text of the special conditions as 

follows: ‘‘Any equipment/system that 

embodies a lithium battery shall be 

designed so as to ensure that it can only 

be connected to its own dedicated 

charger which has been designed for 

such equipment/system. This is 

especially true when the equipment/ 

system in question has a charger which 

is external to such equipment/system. In 

that case, the equipment/system must be 

designed in a way that it is not possible 

to connect it to a charger which is used 

for recharging other aircraft equipment 

and systems with a different battery 

type or brand or a different lithium 

technology.’’ 

FAA Disposition: There are many 

ways to design equipment/systems that 

embody a lithium battery power storage 

system. The batteries could be either 

internal or external to the equipment/ 

system. The charging system could be 


rwilkins on PROD1PC63 with RULES
15840 Federal Register / Vol. 74, No. 66 / Wednesday, April 8, 2009 / Rules and Regulations 

built-in or external to the battery storage 

system. In addition to the equipment/ 

system, the battery and the charging 

system could be self-contained and 

designed to comply with the special 

conditions. The FAA concurs that the 

system must be designed to ensure that 

the recharging function of the system 

ensures proper and safe recharging. 

However, the commenter’s proposal is 

not practical. It would be onerous to 

require that no other system can be 

connected to the battery. The safety 

concern here is mitigated by the other 

requirements in the special conditions. 

In particular, the special conditions 

require that safe charging must be 

ensured (see Special Condition Nos. 1, 

3, 7, and 9). Therefore, we believe the 

special conditions are adequate. Section 

25.1301 also addresses this comment. 

The special conditions are issued as 

proposed. 

Applicability 

As discussed above, these special 

conditions are applicable to the Dassault 

Aviation 2000 series airplanes as 

modified by Aircell LLC. Should Aircell 

LLC apply at a later date for a 

supplemental type certificate to modify 

any other model included on Type 

Certificate No. A28NM to incorporate 

the same novel or unusual design 

feature, these special conditions would 

apply to that model as well. 

Conclusion 

This action affects only certain novel 

or unusual design features of the 

Dassault Aviation 2000 series airplanes 

as modified by Aircell LLC. It is not a 

rule of general applicability and affects 

only the applicant which 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 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 the Dassault Aviation 2000 

series airplanes, modified by Aircell 

LLC. in lieu of the requirements of 

§ 25.1353(c)(1) through (c)(4), 

Amendment 25–113. 

Lithium batteries and battery 

installations on Dassault Aviation 2000 

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 

§ 25.863(a) through (d). 

5. No corrosive fluids or gases that 

may escape from any 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 

§ 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 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 lithium 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. 

9. The Instructions for Continued 

Airworthiness required by § 25.1529 

must contain maintenance requirements 

to assure that the lithium battery is 

sufficiently charged at appropriate 

intervals specified by the battery 

manufacturer. The Instructions for 

Continued Airworthiness must also 

contain procedures for the maintenance 

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. Precautions should be included 

in the Instructions for Continued 

Airworthiness maintenance instructions 

to prevent mishandling of the lithium 

battery which could result in shortcircuit or other unintentional damage 

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 

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 § 25.1353(c), Amendment 

25–113 in the certification basis of the Aircell 

LLC. supplemental type certificate. These 

special conditions apply only to lithium 

batteries and their installations. The 

requirements of § 25.1353(c), Amendment 

25–113 remain in effect for batteries and 

battery installations on the Aircell LLC. 

supplemental type certificate that do not use 

lithium batteries. 

Compliance with the requirements of 

these special conditions must be shown 

by test or analysis, with the concurrence 

of the Fort Worth Special Certification 

Office. 

Issued in Renton, Washington, on March 4, 

2009. 

Linda Navarro, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–7899 Filed 4–7–09; 8:45 am] 

BILLING CODE 4910–13–P 


rwilkins on PROD1PC63 with RULES