Special Conditions: Modification to Boeing Model 737-600/-700/-700C/-800/-900 and -900ER Series Airplanes: Rechargeable Lithium Batteries and Rechargeable Lithium-Battery Systems, 18399-18402 [2010-8218]
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Federal Register / Vol. 75, No. 69 / Monday, April 12, 2010 / Rules and Regulations
entity. Any individual so voting in a
referendum shall certify that they are an
officer or employee of the eligible entity,
or an administrator, executor, or trustee
of an eligible entity and that such
individual has the authority to take such
action. Upon request of the referendum
agent, the individual shall submit
adequate evidence of such authority.
(c) All ballots are to be cast by mail,
as instructed by the Department.
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§ 1245.103
Instructions.
(a) Referenda. The Order shall not
become effective unless the Department
determines that the Order is consistent
with and will effectuate the purposes of
the Act; and for initial and subsequent
referenda the Order is favored by a
majority of the eligible persons voting in
the referendum who also represent a
majority of the volume of U.S. honey
produced, during a representative
period determined by the Department,
have been engaged in the production of
honey and are subject to assessments
under this Order and excluding those
exempt from assessment under the
Order.
(b) The referendum agent shall
conduct the referendum, in the manner
provided in this subpart, under the
supervision of the Administrator. The
Administrator may prescribe additional
instructions, not inconsistent with the
provisions of this subpart, to govern the
procedure to be followed by the
referendum agent. Such agent shall:
(1) Determine the period during
which ballots may be cast.
(2) Provide ballots and related
material to be used in the referendum.
The ballot shall provide for recording
essential information, including that
needed for ascertaining whether the
person voting, or on whose behalf the
vote is cast, is an eligible voter.
(3) Give reasonable public notice of
the referendum:
(i) By utilizing available media or
public information sources, without
incurring advertising expense, to
publicize the dates, places, method of
voting, eligibility requirements, and
other pertinent information. Such
sources of publicity may include, but
are not limited to, print and radio; and
(ii) By such other means as the agent
may deem advisable.
(4) Mail to eligible U.S. producers
whose names and addresses are known
to the referendum agent, the
instructions on voting, a ballot, and a
summary of the terms and conditions of
the Order. No person who claims to be
eligible to vote shall be refused a ballot.
(5) At the end of the voting period,
collect, open, number, and review the
ballots and tabulate the results in the
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presence of an agent of a third party
authorized to monitor the referendum
process.
(6) Prepare a report on the
referendum.
(7) Announce the results to the
public.
DEPARTMENT OF TRANSPORTATION
§ 1245.104
Special Conditions: Modification to
Boeing Model 737–600/–700/–700C/–
800/–900 and –900ER Series Airplanes:
Rechargeable Lithium Batteries and
Rechargeable Lithium-Battery Systems
Subagents.
The referendum agent may appoint
any individual or individuals necessary
or desirable to assist the agent in
performing such agent’s functions of
this subpart. Each individual so
appointed may be authorized by the
agent to perform any or all of the
functions which, in the absence or such
appointment, shall be performed by the
agent.
§ 1245.105
Ballots.
The referendum agent and subagents
shall accept all ballots cast. However, if
an agent or subagent deems that a ballot
should be challenged for any reason, the
agent or subagent shall endorse above
their signature, on the ballot, a
statement to the effect that such ballot
was challenged, by whom challenged,
the reasons therefore, the results of any
investigations made with respect
thereto, and the disposition thereof.
Ballots invalid under this subpart shall
not be counted.
§ 1245.106
Referendum report.
Except as otherwise directed, the
referendum agent shall prepare and
submit to the Administrator a report on
the results of the referendum, the
manner in which it was conducted, the
extent and kind of public notice given,
and other information pertinent to the
analysis of the referendum and its
results.
§ 1245.107
Confidential information.
The ballots and other information or
reports that reveal, or tend to reveal, the
vote of any person covered under the
Order and the voter list shall be strictly
confidential and shall not be disclosed.
§ 1245.108
OMB control number.
The control number assigned to the
information collection requirement in
this subpart by the Office of
Management and Budget pursuant to the
Paperwork Reduction Act of 1995, 44
U.S.C. Chapter 35 is OMB control
number 0581–0253.
Dated: March 26, 2010.
David R. Shipman,
Acting Administrator.
[FR Doc. 2010–7574 Filed 4–9–10; 8:45 am]
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Federal Aviation Administration
14 CFR Part 25
[Docket No. NM426; Special Conditions No.
25–404–SC]
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/–
700C/–800/–900 and –900ER Series
airplanes (hereafter referred to as
‘‘Boeing 737NG’’). These airplanes, as
modified by the Boeing Company, will
have a novel or unusual design feature
associated with the installation of
rechargeable lithium batteries and
rechargeable lithium-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 April 5, 2010. We
must receive your comments by May 27,
2010.
ADDRESSES: You must mail two copies
of your comments to: Federal Aviation
Administration, Transport Airplane
Directorate, Attn: Rules Docket (ANM–
113), Docket No. NM426, 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.
NM426. 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
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Federal Register / Vol. 75, No. 69 / Monday, April 12, 2010 / Rules and Regulations
rechargeable lithium-battery system
installation, that could affect safe
operation of the Boeing 737NG, 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.
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.
jlentini on DSKJ8SOYB1PROD with RULES
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.
Type Certification Basis
Background
The Boeing Company has applied for
a type-design change for the Boeing
737NG airplanes to use rechargeable
lithium batteries and rechargeable
lithium-battery systems in different
applications, including the recorder
independent power supply (RIPS).
Lithium batteries have 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.
Large, high-capacity, rechargeable
lithium batteries and rechargeable
lithium-battery systems are a novel or
unusual design feature in transportcategory airplanes. The FAA is
proposing this special condition to
require that (1) all characteristics of
rechargeable lithium battery and
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Under the provisions of Title 14, Code
of Federal Regulations (14 CFR) 21.101,
the Boeing Company must show that the
Boeing 737NG 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 Boeing Company rechargeable
lithium batteries and rechargeable
lithium-battery systems 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 Boeing 737NG 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 SECTION 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 type-design change 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.
Novel or Unusual Design Features
The Boeing Company modification to
Boeing 737NG airplanes will
incorporate the following novel or
unusual design feature: Rechargeable
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lithium batteries and rechargeable
lithium-battery systems.
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, § 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, respectively, the FAA
issued § 25.1353(c)(5) and (c)(6),
governing nickel-cadmium battery
installations on large, transport-category
airplanes.
The proposed use of rechargeable
lithium batteries and rechargeable
lithium-battery systems for equipment
and systems on the Boeing 737NG have
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 and
rechargeable lithium-battery systems
that could affect the safety and
reliability of the Boeing 737NG
rechargeable lithium batteries and
rechargeable lithium-battery system
installations.
At present, commercial aviation has
limited experience with the use of
rechargeable lithium batteries and
rechargeable lithium-battery systems in
aviation applications. 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,
over-discharging, and cell-component
flammability.
1. Overcharging
In general, rechargeable lithium
batteries and rechargeable lithiumbattery 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 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
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Federal Register / Vol. 75, No. 69 / Monday, April 12, 2010 / Rules and Regulations
Discharge of some types of
rechargeable lithium batteries and
rechargeable lithium-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 flight crews as a
means of checking battery status—a
problem shared with nickel-cadmium
batteries.
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.
3. Flammability of Cell Components
List of Subjects in 14 CFR Part 25
Unlike nickel-cadmium and lead-acid
batteries, some types of rechargeable
lithium batteries and rechargeable
lithium-battery systems use liquid
electrolytes that are flammable.
Electrolytes can serve as a source of fuel
for an external fire from a breach of the
battery container.
Such problems, experienced by users
of rechargeable lithium batteries and
rechargeable lithium-battery systems,
raise concern about the use of these
batteries in commercial aviation. The
intent of these proposed special
conditions is to establish appropriate
airworthiness standards for rechargeable
lithium-battery and rechargeable
lithium-battery system installations in
Boeing 737NG airplanes and to ensure,
as required by §§ 25.1309 and 25.601,
that these battery installations are not
hazardous or unreliable.
Aircraft, Aviation safety, Reporting
and recordkeeping requirements.
The authority citation for these
special conditions is as follows:
metallic lithium. 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 greater amount of
liquid electrolytes in large batteries.
2. Over-discharging
Applicability
As discussed above, these special
conditions are applicable to the Boeing
Company. Should the Boeing Company
apply at a later date for a type-design
change 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.
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Conclusion
This action affects only certain novel
or unusual design features relating to
rechargeable lithium batteries and
rechargeable lithium-battery systems
installed on Boeing 737NG airplanes. It
is not a rule of general applicability and
affects only the applicant who applied
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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 typecertification basis for Boeing 737NG
airplanes modified by Boeing Company
to install rechargeable lithium-battery
systems on Boeing 737NG airplanes.
These systems 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).
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18401
(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—
(i) A system to automatically control
the charging rate of the battery, to
prevent battery overheating or
overcharging, and,
(ii) 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,
(iii) 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 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
(and § 26.11) must contain maintenance
steps to assure that the lithium batteries
are sufficiently charged at appropriate
intervals specified by the battery
manufacturer. The instructions for
continued airworthiness must also
contain procedures to ensure the
integrity of lithium batteries in spares
storage to prevent the replacement of
batteries, the function of which 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 continuedairworthiness maintenance instructions
to prevent mishandling of lithium
batteries, which could result in shortcircuit or other unintentional damage
that could result in personal injury or
property damage.
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Federal Register / Vol. 75, No. 69 / Monday, April 12, 2010 / Rules and Regulations
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(b) in the
certification basis of the Boeing 737NG.
These special conditions apply only to
rechargeable lithium batteries and
rechargeable lithium-battery system
installations. The requirements of
§ 25.1353(b) remains in effect for batteries
and battery installations of Boeing 737NG
that do not use lithium batteries.
Boeing must show compliance with
the requirements of these special
conditions by test and/or analysis. The
aircraft certification office, or its
designees, will find compliance in
coordination with the FAA Transport
Standards Staff.
Issued in Renton, Washington, on April 5,
2010.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2010–8218 Filed 4–9–10; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2009–0831; Airspace
Docket No. 09–ANM–13]
Amendment of Class E Airspace; North
Bend, OR
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AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
SUMMARY: This action will modify Class
D airspace at Southwest Oregon
Regional Airport, North Bend, OR, to
allow aircraft at Sunnyhill Airport to
arrive and depart outside Class D
airspace. This action is necessary for the
safety and management of Instrument
Flight Rules (IFR) aircraft utilizing both
airports.
DATES: Effective date, 0901 UTC, June 3,
2010. The Director of the Federal
Register approves this incorporation by
reference action under 1 CFR part 51,
subject to the annual revision of FAA
Order 7400.9 and publication of
conforming amendments.
FOR FURTHER INFORMATION CONTACT:
Eldon Taylor, Federal Aviation
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Administration, Operations Support
Group, Western Service Center, 1601
Lind Avenue SW., Renton, WA, 98057;
telephone (425) 203–4537.
SUPPLEMENTARY INFORMATION:
History
On November 9, 2009, the FAA
published in the Federal Register a
notice of proposed rulemaking to
establish additional controlled airspace
at North Bend, OR (74 FR 57616).
Interested parties were invited to
participate in this rulemaking effort by
submitting written comments on the
proposal to the FAA. No comments
were received.
Class D airspace designations are
published in paragraph 5000 of FAA
Order 7400.9T signed August 27, 2009,
and effective September 15, 2009, which
is incorporated by reference in 14 CFR
part 71.1. The Class D airspace
designations listed in this document
will be published subsequently in that
Order.
The Rule
This action amends Title 14 Code of
Federal Regulations (14 CFR) part 71 by
modifying the Class D airspace area at
North Bend, OR. Controlled airspace is
needed extending upward from the
surface to and including 2,500 feet MSL
within a 4.2-mile radius of Southwest
Oregon Regional Airport, excluding that
airspace within a 1.5-mile radius of
Sunnyhill Airport. The exclusion will
allow aircraft at Sunnyhill Airport to
arrive and depart outside the Class D
airspace. This rule will enhance IFR
operations at both airports.
The FAA has determined this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current. Therefore, this regulation: (1) Is
not a ‘‘significant regulatory action’’
under Executive Order 12866; (2) is not
a ‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that will only affect air
traffic procedures and air navigation, it
is certified that this rule, when
promulgated, will not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the U.S. Code. Subtitle 1,
Section 106 discusses the authority of
the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more
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detail the scope of the agency’s
authority. This rulemaking is
promulgated under the authority
described in Subtitle VII, Part A,
Subpart I, Section 40103. Under that
section, the FAA is charged with
prescribing regulations to assign the use
of airspace necessary to ensure the
safety of aircraft and the efficient use of
airspace. This regulation is within the
scope of that authority as it modifies
controlled airspace at Southwest Oregon
Regional Airport, North Bend, OR.
List of Subjects in 14 CFR Part 71
Airspace, incorporation by reference,
Navigation (air).
Adoption of the Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
■
PART 71—DESIGNATION OF CLASS A,
B, C, D AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for 14 CFR
part 71 continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40103, 40113,
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of the Federal Aviation
Administration Order 7400.9T, Airspace
Designations and Reporting Points,
signed August 27, 2009, and effective
September 15, 2009, is amended as
follows:
■
Paragraph 5000
Class D airspace.
*
*
*
*
*
ANM OR D North Bend, OR [Modified]
Southwest Oregon Regional Airport, OR
(Lat. 43°25′01″ N., long. 124°14′49″ W.)
Sunnyhill Airport, OR
(Lat. 43°28′59″ N., long. 124°12′10″ W.)
That airspace extending upward from the
surface to and including 2,500 feet MSL
within a 4.2-mile radius of the Southwest
Oregon Regional Airport, excluding that
airspace within a 1.5-mile radius of
Sunnyhill Airport. This Class D airspace area
is effective during the specific dates and
times established in advance by a Notice to
Airmen. The effective date and time will
thereafter be continuously published in the
Airport/Facility Directory.
Issued in Seattle, Washington, on April 5,
2010.
Robert E. Henry,
Acting Manager, Operations Support Group,
Western Service Center.
[FR Doc. 2010–8193 Filed 4–9–10; 8:45 am]
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]]>Agencies
[Federal Register Volume 75, Number 69 (Monday, April 12, 2010)]
[Rules and Regulations]
[Pages 18399-18402]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-8218]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. NM426; Special Conditions No. 25-404-SC]
Special Conditions: Modification to Boeing Model 737-600/-700/-
700C/-800/-900 and -900ER Series Airplanes: Rechargeable Lithium
Batteries and Rechargeable 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/-700C/-800/-900 and -900ER Series airplanes (hereafter referred to
as ``Boeing 737NG''). These airplanes, as modified by the Boeing
Company, will have a novel or unusual design feature associated with
the installation of rechargeable lithium batteries and rechargeable
lithium-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 April 5, 2010.
We must receive your comments by May 27, 2010.
ADDRESSES: You must mail two copies of your comments to: Federal
Aviation Administration, Transport Airplane Directorate, Attn: Rules
Docket (ANM-113), Docket No. NM426, 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. NM426. 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
[[Page 18400]]
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
The Boeing Company has applied for a type-design change for the
Boeing 737NG airplanes to use rechargeable lithium batteries and
rechargeable lithium-battery systems in different applications,
including the recorder independent power supply (RIPS). Lithium
batteries have 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. Large, high-
capacity, rechargeable lithium batteries and rechargeable lithium-
battery systems are a novel or unusual design feature in transport-
category airplanes. The FAA is proposing this special condition to
require that (1) all characteristics of rechargeable lithium battery
and rechargeable lithium-battery system installation, that could affect
safe operation of the Boeing 737NG, 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.
Type Certification Basis
Under the provisions of Title 14, Code of Federal Regulations (14
CFR) 21.101, the Boeing Company must show that the Boeing 737NG
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 Boeing Company rechargeable
lithium batteries and rechargeable lithium-battery systems 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 Boeing 737NG 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 SECTION 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 type-design change 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.
Novel or Unusual Design Features
The Boeing Company modification to Boeing 737NG airplanes will
incorporate the following novel or unusual design feature: Rechargeable
lithium batteries and rechargeable lithium-battery systems.
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 rechargeable lithium batteries and rechargeable
lithium-battery systems for equipment and systems on the Boeing 737NG
have 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 and rechargeable
lithium-battery systems that could affect the safety and reliability of
the Boeing 737NG rechargeable lithium batteries and rechargeable
lithium-battery system installations.
At present, commercial aviation has limited experience with the use
of rechargeable lithium batteries and rechargeable lithium-battery
systems in aviation applications. 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, over-discharging, and
cell-component flammability.
1. Overcharging
In general, rechargeable lithium batteries and rechargeable
lithium-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 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
[[Page 18401]]
metallic lithium. 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 greater amount of liquid electrolytes in large batteries.
2. Over-discharging
Discharge of some types of rechargeable lithium batteries and
rechargeable lithium-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 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
rechargeable lithium batteries and rechargeable lithium-battery systems
use liquid electrolytes that are flammable. Electrolytes can serve as a
source of fuel for an external fire from a breach of the battery
container.
Such problems, experienced by users of rechargeable lithium
batteries and rechargeable lithium-battery systems, raise concern about
the use of these batteries in commercial aviation. The intent of these
proposed special conditions is to establish appropriate airworthiness
standards for rechargeable lithium-battery and rechargeable lithium-
battery system installations in Boeing 737NG airplanes and to ensure,
as required by Sec. Sec. 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
Boeing Company. Should the Boeing Company apply at a later date for a
type-design change 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
relating to rechargeable lithium batteries and rechargeable lithium-
battery systems installed on Boeing 737NG 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 737NG airplanes modified by
Boeing Company to install rechargeable lithium-battery systems on
Boeing 737NG airplanes. These systems 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 Sec. 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
Sec. 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--
(i) A system to automatically control the charging rate of the
battery, to prevent battery overheating or overcharging, and,
(ii) 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,
(iii) 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 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 (and Sec. 26.11) must contain maintenance steps to assure that
the lithium batteries are sufficiently charged at appropriate intervals
specified by the battery manufacturer. The instructions for continued
airworthiness must also contain procedures to ensure the integrity of
lithium batteries in spares storage to prevent the replacement of
batteries, the function of which 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 lithium batteries, which could result in short-circuit or other
unintentional damage that could result in personal injury or property
damage.
[[Page 18402]]
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) in the certification basis of the Boeing 737NG.
These special conditions apply only to rechargeable lithium
batteries and rechargeable lithium-battery system installations. The
requirements of Sec. 25.1353(b) remains in effect for batteries and
battery installations of Boeing 737NG that do not use lithium
batteries.
Boeing must show compliance with the requirements of these special
conditions by test and/or analysis. The aircraft certification office,
or its designees, will find compliance in coordination with the FAA
Transport Standards Staff.
Issued in Renton, Washington, on April 5, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-8218 Filed 4-9-10; 8:45 am]
BILLING CODE 4910-13-P
