Special Conditions: Boeing Model 777-200, -300, and -300ER Series Airplanes; Rechargeable Lithium Ion Batteries and Battery Systems, 76731-76734 [2013-30232]

Download as PDF Federal Register / Vol. 78, No. 244 / Thursday, December 19, 2013 / Rules and Regulations (b) * * * (7) Funding a Charitable Donation Account pursuant to § 721.3(b) of this chapter. PART 721—INCIDENTAL POWERS 3. The authority citation for part 721 continues to read as follows: ■ Authority: 12 U.S.C. 1757(17), 1766, 1789. 4. Amend § 721.3 to redesignate paragraph (b) as paragraph (b)(1) and to add paragraph (b)(2) to read as follows: ■ § 721.3 What categories of activities are preapproved as incidental powers necessary or requisite to carry on a credit union’s business? pmangrum on DSK3VPTVN1PROD with RULES * * * * * (b) * * * (2) Charitable donation accounts. A charitable donation account (CDA) is a hybrid charitable and investment vehicle, satisfying the conditions in paragraphs (b)(2)(i) through (vii) of this section, that you may fund as a means to provide charitable contributions and donations to qualified charities. If you fund a CDA that satisfies all of the conditions in paragraphs (b)(2)(i) through (vii) of this section, then you may do so free from the investment limitations of the Federal Credit Union Act and part 703 of this chapter. (i) Maximum aggregate funding. The book value of your investments in all CDAs, in the aggregate, as carried on your statement of financial condition prepared in accordance with generally accepted accounting principles, must be limited to 5 percent of your net worth at all times for the duration of the accounts, as measured every quarterly Call Report cycle. This means that regardless of how many CDAs you invest in, the combined book value of all such investments must not exceed 5 percent of your net worth. You must bring your aggregate accounts into compliance with the maximum aggregate funding limit within 30 days of any breach of this limit. (ii) Segregated account. The assets of a CDA must be held in a segregated custodial account or special purpose entity and must be specifically identified as a CDA. (iii) Regulatory oversight. If you choose to establish a CDA using a trust vehicle, the trustee must be regulated by the Office of the Comptroller of the Currency (OCC), the U.S. Securities and Exchange Commission (SEC), another federal regulatory agency, or a state financial regulatory agency. A regulated trustee or other person or entity that is authorized to make investment decisions for a CDA (manager), other than the credit union itself, must be VerDate Mar<15>2010 15:16 Dec 18, 2013 Jkt 232001 either a Registered Investment Adviser or regulated by the OCC. (iv) Account documentation and other written requirements. The parties to the CDA, typically the funding credit union and trustee or other manager of the account, must document the terms and conditions controlling the account in a written agreement. The terms of the agreement must be consistent with this section. Your board of directors must adopt written policies governing the creation, funding, and management of a CDA that are consistent with this section, must review the policies annually, and may amend them from time to time. Your CDA agreement and policies must at a minimum: (A) Provide that the CDA will make charitable contributions and donations only to charities you name therein that are exempt from taxation under section 501(c)(3) of the Internal Revenue Code; (B) Document the investment strategies and risk tolerances the CDA trustee or other manager must follow in administering the account; (C) Provide that you will account for all aspects of the CDA, including distributions to charities and liquidation of the account, in accordance with generally accepted accounting principles; and (D) Indicate the frequency with which the trustee or manager of the CDA will make distributions to qualified charities as provided in paragraph (b)(2)(v) of this section; (v) Minimum distribution to charities. You are required to distribute to one or more qualified charities, no less frequently than every 5 years, and upon termination of a CDA regardless of the length of its term, a minimum of 51 percent of the account’s total return on assets over the period of up to 5 years. Other than upon termination, you may choose how frequently CDA distributions to charity will be made during each period of up to 5 years. For example, you may choose to make periodic distributions over a period of up to 5 years, or only a single distribution as required at the end of that period. You may choose to donate in excess of the minimum distribution frequency and amount; (vi) Liquidation of assets upon CDA termination. Upon termination of the CDA, you may receive a distribution of the remaining account assets in cash or you may receive a distribution in kind of the remaining account assets but only if those assets are permissible investments for federal credit unions under the Federal Credit Union Act and part 703 of this chapter; and (vii) Definitions. For purposes of this section, the following definitions apply: PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 76731 (A) Distribution in kind is your acceptance of remaining CDA assets, upon termination of the account, in their original form instead of in cash resulting from the liquidation of the assets. (B) Qualified charity is a charitable organization or other non-profit entity recognized as exempt from taxation under section 501(c)(3) of the Internal Revenue Code. (C) Registered Investment Adviser is an investment adviser registered with the SEC pursuant to the Investment Advisers Act of 1940. (D) Total return is the actual rate of return on all investments in a CDA over a given period of up to 5 years, including realized interest, capital gains, dividends, and distributions, but exclusive of account fees and expenses provided they were not paid to the credit union that established the CDA or to any of its affiliates. (E) Affiliate is an entity in which the credit union has any ownership interest directly or indirectly. This would not apply to ownership due to the funding of employee benefits. * * * * * [FR Doc. 2013–30103 Filed 12–18–13; 8:45 am] BILLING CODE 7535–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 25 [Docket No. FAA–2013–0723; Special Conditions No. 25–511–SC] Special Conditions: Boeing Model 777– 200, –300, and –300ER Series Airplanes; Rechargeable Lithium Ion Batteries and Battery Systems Federal Aviation Administration (FAA), DOT. ACTION: Final special conditions. AGENCY: These special conditions are issued for the Boeing Model 777–200, –300, and –300ER series airplanes. These airplanes as modified by the ARINC Aerospace Company will have a novel or unusual design feature, specifically the installation of rechargeable lithium ion batteries and battery system that will be used on an International Communications Group (ICG) ePhone cordless cabin handset. 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 SUMMARY: E:\FR\FM\19DER1.SGM 19DER1 76732 Federal Register / Vol. 78, No. 244 / Thursday, December 19, 2013 / Rules and Regulations equivalent to that established by the existing airworthiness standards. DATES: Effective Date: January 21, 2014. 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 August 10, 2012, the ARINC Aerospace Company applied for a supplemental type certificate for installing equipment that uses rechargeable lithium ion batteries and battery systems in the Boeing Model 777–200, –300, and –300ER series airplanes. The Model 777–200 series airplanes are long-range, wide-body, twin-engine jet airplanes with a maximum capacity of 440 passengers. The Boeing Model 777–300 and 777– 300ER series airplanes have a maximum capacity of 550 passengers. The Model 777–200, –300, and –300ER series airplanes have fly-by-wire controls, fully software-configurable avionics, and fiber-optic avionics networks. Existing airworthiness regulations did not anticipate the use of lithium ion batteries and battery systems on aircraft. Lithium ion batteries and battery systems have new hazards that were not contemplated when the existing regulations were promulgated. In Title 14, Code of Federal Regulations (14 CFR) 25.1353, the FAA provided an airworthiness standard for lead acid batteries and nickel cadmium batteries. These special conditions provide an equivalent level of safety as that of the existing regulation. pmangrum on DSK3VPTVN1PROD with RULES Type Certification Basis Under the provisions of 14 CFR 21.101, the ARINC Aerospace Company must show that the Boeing Model 777– 200, –300, and –300ER series airplanes, as changed, continue to meet the applicable provisions of the regulations incorporated by reference in Type Certificate No. T00001SE 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 regulations incorporated by reference in Type Certificate No. T00001SE are as follows: Part 25, as amended by Amendments 25–1 through 25–82, except for § 25.571(e)(1), which remains at Amendment 25–71 level. In addition, VerDate Mar<15>2010 15:16 Dec 18, 2013 Jkt 232001 the certification basis includes special conditions and exemptions that are not relevant to these special conditions. 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 Model 777–200, –300, and –300ER series airplanes because of a novel or unusual design feature, special conditions are prescribed under the provisions of § 21.16. 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 or similar novel or unusual design feature, the special conditions would also apply to the other model under § 21.101. In addition to the applicable airworthiness regulations and special conditions, the Boeing Model 777–200, –300, and –300ER series airplanes must comply with the fuel-vent and exhaustemission requirements of 14 CFR part 34, and the noise-certification requirements of 14 CFR part 36. The FAA issues special conditions, as defined in 14 CFR 11.19, in accordance with § 11.38, and they become part of the type certification basis under § 21.101. Novel or Unusual Design Features The Boeing Model 777–200, –300, and –300ER series airplanes will incorporate the following novel or unusual design features: An International Communications Group (ICG) ePhone cordless cabin handset that will use a rechargeable lithium ion battery and battery system. Lithium ion batteries and battery systems have certain failure, operational, and maintenance characteristics that differ significantly from those of the nickel cadmium and lead acid rechargeable batteries. Rechargeable lithium ion batteries and battery systems are considered to be a novel or unusual design feature in transport category airplanes, with respect to the requirements in § 25.1353. 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 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 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 § 25.1353(c)(5) and (c)(6), governing nickel cadmium battery installations on large transport-category airplanes. The proposed use of lithium ion batteries and battery systems for equipment and systems on the Boeing Model 777–200, –300, and –300ER 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 ion batteries and battery systems that could affect the safety and reliability of the airplanes with the ICG ePhone cordless cabin handset lithium ion battery installations. At present, there is limited experience with use of rechargeable lithium ion batteries and battery systems in applications involving commercial aviation. However, other users of this technology, ranging from wireless telephone manufacturers to the electric vehicle industry, have noted safety problems with lithium ion batteries and battery systems. These problems include overcharging, over-discharging, and flammability of cell components. 1. Overcharging In general, lithium ion batteries and 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 condition is especially true for overcharging, which causes heating and destabilization of the components of the cell, leading to the formation (by plating) of highly unstable metallic lithium. The metallic lithium can ignite, resulting in a self-sustaining fire or explosion. Finally, the severity of thermal runaway due to overcharging increases with increasing battery capacity due to the higher amount of electrolyte in large batteries. 2. Over-Discharging Discharge of some types of lithium ion batteries and 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 E:\FR\FM\19DER1.SGM 19DER1 Federal Register / Vol. 78, No. 244 / Thursday, December 19, 2013 / Rules and Regulations 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 and battery systems 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 ion batteries and battery systems raise concern about the use of these batteries in commercial aviation. The intent of the special conditions is to establish appropriate airworthiness standards for lithium ion battery installations in the Boeing 777–200, –300, and –300ER series airplanes and to ensure, as required by §§ 25.1309 and 25.601, that these lithium ion batteries and battery systems are not hazardous or unreliable. To address these concerns, these special conditions adopt the following requirements: • Those sections of 14 CFR 25.1353 that are applicable to lithium ion batteries. • The flammable fluid fire protection requirements of 14 CFR 25.863. In the past, this rule 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 ion batteries. • New maintenance requirements to ensure that batteries used as spares are maintained in an appropriate state of charge. These special conditions are similar to lithium-ion batteries and battery systems special conditions adopted for the Boeing Model 787 (72 FR 57842; October 11, 2007). pmangrum on DSK3VPTVN1PROD with RULES Discussion of Comments Notice of proposed special conditions no. 25–13–03–SC, for the Boeing Model 777–200, –300, and –300ER series airplanes, was published in the Federal Register on August 22, 2013 (78 FR 52107). No comments were received, and the special conditions are adopted as proposed. Applicability As discussed above, these special conditions are applicable to the Boeing Model 777–200, –300, and –300ER series airplanes. Should the ARINC Aerospace Company apply at a later date for a supplemental type certificate to modify any other model included on VerDate Mar<15>2010 15:16 Dec 18, 2013 Jkt 232001 Type Certificate No. T00001SE 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 one model series of airplanes. It is not a rule of general applicability, and it affects only the applicant who 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 Boeing Model 777–200, –300, and –300ER series airplanes modified by the ARINC Aerospace Company. These special conditions require that (1) all characteristics of the rechargeable lithium ion batteries and battery systems and their installation that could affect safe operation of the Boeing Model 777–200, –300, and –300ER series airplanes 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. In lieu of the requirements of 14 CFR 25.1353(b)(1) through (b)(4) at Amendment 25–113, the following special conditions apply. Rechargeable lithium ion batteries and battery systems on Boeing Model 777–200, –300, and –300ER 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 ion batteries and battery systems must preclude explosion in the event of those failures. (2) Design of the lithium ion batteries and battery systems must preclude the occurrence of self-sustaining, uncontrolled increases in temperature or pressure. (3) No explosive or toxic gases emitted by any lithium ion batteries and battery systems in normal operation, or PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 76733 as the result of any failure of the battery charging system, monitoring system, or battery installation that is not shown to be extremely remote, may accumulate in hazardous quantities within the airplane. (4) Installations of lithium ion batteries and battery systems must meet the requirements of § 25.863(a) through (d). (5) No corrosive fluids or gases that may escape from any lithium ion batteries and battery systems 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 ion battery and battery system 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 ion batteries and battery systems must have a system to control the charging rate of the battery automatically, so as to prevent battery overheating or overcharging, and: (i) 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, (ii) 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 ion battery and battery system 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-ofcharge 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 ion batteries are sufficiently charged at appropriate intervals specified by the battery manufacturer and the equipment manufacturer. The instructions for continued airworthiness must also contain procedures for the maintenance of batteries in spares storage to prevent the replacement of batteries with batteries that have experienced degraded charge retention ability or other damage due to prolonged storage E:\FR\FM\19DER1.SGM 19DER1 76734 Federal Register / Vol. 78, No. 244 / Thursday, December 19, 2013 / Rules and Regulations at a low state of charge. Replacement batteries must be of the same manufacturer and part number as approved by the FAA. Precautions should be included in the instructions for continued airworthiness maintenance instructions to prevent mishandling of the rechargeable lithium ion batteries and battery systems, which could result in short-circuit or other unintentional impact damage caused by dropping or other destructive means. 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) at Amendment 25–113 in the certification basis of Boeing Model 777–200, –300, and –300ER series airplanes. These special conditions apply only to rechargeable lithium ion batteries and battery systems and their installations. The requirements of § 25.1353(b) at Amendment 25–113 remain in effect for batteries and battery installations on Boeing Model 777–200, –300, and –300ER series airplanes that do not use rechargeable lithium ion batteries. Issued in Renton, Washington, on December 10, 2013. John P. Piccola, Jr., Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2013–30232 Filed 12–18–13; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 25 [Docket No. FAA–2013–1051; Notice No. 25– 512–SC] Special Conditions: Bombardier Inc., Models BD–500–1A10 and BD–500– 1A11 Series Airplanes; Seats With Non-Traditional, Large, Non-Metallic Panels Federal Aviation Administration (FAA), DOT. ACTION: Final special conditions; request for comments. pmangrum on DSK3VPTVN1PROD with RULES AGENCY: These special conditions are issued for the Bombardier Inc. Models BD–500–1A10 and BD–500–1A11 series airplanes. These airplanes will have a novel or unusual design feature associated with seats that include non- SUMMARY: VerDate Mar<15>2010 15:16 Dec 18, 2013 Jkt 232001 traditional, large, non-metallic panels that would affect survivability during a post-crash fire event. 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 December 19, 2013. We must receive your comments by February 3, 2014. ADDRESSES: Send comments identified by docket number FAA–2013–1051 using any of the following methods: • Federal eRegulations Portal: Go to http://www.regulations.gov/ and follow the online instructions for sending your comments electronically. • Mail: Send comments to Docket Operations, M–30, U.S. Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room W12–140, West Building Ground Floor, Washington, DC 20590–0001. • Hand Delivery or Courier: Take comments to Docket Operations in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except federal holidays. • Fax: Fax comments to Docket Operations at 202–493–2251. Privacy: The FAA will post all comments it receives, without change, to http://www.regulations.gov/, including any personal information the commenter provides. Using the search function of the docket Web site, anyone can find and read the electronic form of all comments received into any FAA docket, including the name of the individual sending the comment (or signing the comment for an association, business, labor union, etc.). DOT’s complete Privacy Act Statement can be found in the Federal Register published on April 11, 2000 (65 FR 19477–19478), as well as at http://DocketsInfo.dot .gov/. Docket: Background documents or comments received may be read at http://www.regulations.gov/ at any time. Follow the online instructions for accessing the docket or go to the Docket Operations in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except federal holidays. FOR FURTHER INFORMATION CONTACT: Alan Sinclair, FAA, Airplane and Cabin Safety Branch, ANM–115, Transport Airplane Directorate, Aircraft PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 Certification Service, 1601 Lind Avenue SW., Renton, Washington, 98057–3356; telephone 425–227–2195; facsimile 425–227–1149. 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 publication in the Federal Register. Comments Invited We invite interested people to take part in this rulemaking by sending written comments, data, or views. The most helpful comments reference a specific portion of the special conditions, explain the reason for any recommended change, and include supporting data. We will consider all comments we receive on or before the closing date for comments. We may change these special conditions based on the comments we receive. Background On December 10, 2009, Bombardier Inc. applied for a type certificate for their new Models BD–500–1A10 and BD–500–1A11 series airplanes (hereafter collectively referred to as ‘‘C-series.’’ The C-series airplanes are swept-wing monoplanes with a pressurized cabin. They share an identical supplier base and significant common design elements. The fuselage is aluminum alloy material, blended double-bubble fuselage, sized for nominal 5-abreast seating. Each airplane’s powerplant consists of two under wing Pratt and Whitney PW1524G ultra-high bypass, geared turbofan engines. Flight controls are fly-by-wire flight with two passive/ uncoupled side sticks. Avionics includes five landscape primary cockpit displays. The dimension of the airplanes encompass a wingspan of 115 feet; a height of 37.75 feet; and a length of 114.75 feet for the Model BD–500– 1A10 and a length of 127 feet for the Model BD–500–1A11. Passenger capacity is designated as 110 for the Model BD–500–1A10 and 125 for the Model BD–500–1A11. Maximum takeoff weight is 131,000 pounds for the Model BD–500–1A10 and 144,000 pounds for the Model BD–500–1A11. Maximum takeoff thrust is 21,000 pounds for the E:\FR\FM\19DER1.SGM 19DER1

Agencies

[Federal Register Volume 78, Number 244 (Thursday, December 19, 2013)]
[Rules and Regulations]
[Pages 76731-76734]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-30232]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2013-0723; Special Conditions No. 25-511-SC]


Special Conditions: Boeing Model 777-200, -300, and -300ER Series 
Airplanes; Rechargeable Lithium Ion Batteries and Battery Systems

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions.

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

SUMMARY: These special conditions are issued for the Boeing Model 777-
200, -300, and -300ER series airplanes. These airplanes as modified by 
the ARINC Aerospace Company will have a novel or unusual design 
feature, specifically the installation of rechargeable lithium ion 
batteries and battery system that will be used on an International 
Communications Group (ICG) ePhone cordless cabin handset. 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

[[Page 76732]]

equivalent to that established by the existing airworthiness standards.

DATES: Effective Date: January 21, 2014.

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 August 10, 2012, the ARINC Aerospace Company applied for a 
supplemental type certificate for installing equipment that uses 
rechargeable lithium ion batteries and battery systems in the Boeing 
Model 777-200, -300, and -300ER series airplanes. The Model 777-200 
series airplanes are long-range, wide-body, twin-engine jet airplanes 
with a maximum capacity of 440 passengers. The Boeing Model 777-300 and 
777-300ER series airplanes have a maximum capacity of 550 passengers. 
The Model 777-200, -300, and -300ER series airplanes have fly-by-wire 
controls, fully software-configurable avionics, and fiber-optic 
avionics networks.
    Existing airworthiness regulations did not anticipate the use of 
lithium ion batteries and battery systems on aircraft. Lithium ion 
batteries and battery systems have new hazards that were not 
contemplated when the existing regulations were promulgated. In Title 
14, Code of Federal Regulations (14 CFR) 25.1353, the FAA provided an 
airworthiness standard for lead acid batteries and nickel cadmium 
batteries. These special conditions provide an equivalent level of 
safety as that of the existing regulation.

Type Certification Basis

    Under the provisions of 14 CFR 21.101, the ARINC Aerospace Company 
must show that the Boeing Model 777-200, -300, and -300ER series 
airplanes, as changed, continue to meet the applicable provisions of 
the regulations incorporated by reference in Type Certificate No. 
T00001SE 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 regulations incorporated by reference in 
Type Certificate No. T00001SE are as follows: Part 25, as amended by 
Amendments 25-1 through 25-82, except for Sec.  25.571(e)(1), which 
remains at Amendment 25-71 level. In addition, the certification basis 
includes special conditions and exemptions that are not relevant to 
these special conditions.
    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 Model 777-200, -300, and -
300ER series airplanes because of a novel or unusual design feature, 
special conditions are prescribed under the provisions of Sec.  21.16.
    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 or similar novel or unusual design 
feature, the special conditions would also apply to the other model 
under Sec.  21.101.
    In addition to the applicable airworthiness regulations and special 
conditions, the Boeing Model 777-200, -300, and -300ER series airplanes 
must comply with the fuel-vent and exhaust-emission requirements of 14 
CFR part 34, and the noise-certification requirements of 14 CFR part 
36.
    The FAA issues special conditions, as defined in 14 CFR 11.19, in 
accordance with Sec.  11.38, and they become part of the type 
certification basis under Sec.  21.101.

Novel or Unusual Design Features

    The Boeing Model 777-200, -300, and -300ER series airplanes will 
incorporate the following novel or unusual design features: An 
International Communications Group (ICG) ePhone cordless cabin handset 
that will use a rechargeable lithium ion battery and battery system. 
Lithium ion batteries and battery systems have certain failure, 
operational, and maintenance characteristics that differ significantly 
from those of the nickel cadmium and lead acid rechargeable batteries. 
Rechargeable lithium ion batteries and battery systems are considered 
to be a novel or unusual design feature in transport category 
airplanes, with respect to the requirements in Sec.  25.1353.

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 lithium ion batteries and battery systems for 
equipment and systems on the Boeing Model 777-200, -300, and -300ER 
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 ion batteries and battery 
systems that could affect the safety and reliability of the airplanes 
with the ICG ePhone cordless cabin handset lithium ion battery 
installations.
    At present, there is limited experience with use of rechargeable 
lithium ion batteries and battery systems in applications involving 
commercial aviation. However, other users of this technology, ranging 
from wireless telephone manufacturers to the electric vehicle industry, 
have noted safety problems with lithium ion batteries and battery 
systems. These problems include overcharging, over-discharging, and 
flammability of cell components.

1. Overcharging

    In general, lithium ion batteries and 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 
condition is especially true for overcharging, which causes heating and 
destabilization of the components of the cell, leading to the formation 
(by plating) of highly unstable metallic lithium. The metallic lithium 
can ignite, resulting in a self-sustaining fire or explosion. Finally, 
the severity of thermal runaway due to overcharging increases with 
increasing battery capacity due to the higher amount of electrolyte in 
large batteries.

2. Over-Discharging

    Discharge of some types of lithium ion batteries and 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

[[Page 76733]]

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 and battery systems 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 ion batteries and 
battery systems raise concern about the use of these batteries in 
commercial aviation. The intent of the special conditions is to 
establish appropriate airworthiness standards for lithium ion battery 
installations in the Boeing 777-200, -300, and -300ER series airplanes 
and to ensure, as required by Sec. Sec.  25.1309 and 25.601, that these 
lithium ion batteries and battery systems are not hazardous or 
unreliable. To address these concerns, these special conditions adopt 
the following requirements:
     Those sections of 14 CFR 25.1353 that are applicable to 
lithium ion batteries.
     The flammable fluid fire protection requirements of 14 CFR 
25.863. In the past, this rule 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 over-discharging that are unique to lithium ion batteries.
     New maintenance requirements to ensure that batteries used 
as spares are maintained in an appropriate state of charge.
    These special conditions are similar to lithium-ion batteries and 
battery systems special conditions adopted for the Boeing Model 787 (72 
FR 57842; October 11, 2007).

Discussion of Comments

    Notice of proposed special conditions no. 25-13-03-SC, for the 
Boeing Model 777-200, -300, and -300ER series airplanes, was published 
in the Federal Register on August 22, 2013 (78 FR 52107). No comments 
were received, and the special conditions are adopted as proposed.

Applicability

    As discussed above, these special conditions are applicable to the 
Boeing Model 777-200, -300, and -300ER series airplanes. Should the 
ARINC Aerospace Company apply at a later date for a supplemental type 
certificate to modify any other model included on Type Certificate No. 
T00001SE 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 one model series of airplanes. It is not a rule of general 
applicability, and it affects only the applicant who 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 Boeing Model 777-200, -300, and -300ER 
series airplanes modified by the ARINC Aerospace Company.
    These special conditions require that (1) all characteristics of 
the rechargeable lithium ion batteries and battery systems and their 
installation that could affect safe operation of the Boeing Model 777-
200, -300, and -300ER series airplanes 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.
    In lieu of the requirements of 14 CFR 25.1353(b)(1) through (b)(4) 
at Amendment 25-113, the following special conditions apply. 
Rechargeable lithium ion batteries and battery systems on Boeing Model 
777-200, -300, and -300ER 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 ion batteries and battery systems must 
preclude explosion in the event of those failures.
    (2) Design of the lithium ion batteries and battery systems must 
preclude the occurrence of self-sustaining, uncontrolled increases in 
temperature or pressure.
    (3) No explosive or toxic gases emitted by any lithium ion 
batteries and battery systems in normal operation, or as the result of 
any failure of the battery charging system, monitoring system, or 
battery installation that is not shown to be extremely remote, may 
accumulate in hazardous quantities within the airplane.
    (4) Installations of lithium ion batteries and battery systems must 
meet the requirements of Sec.  25.863(a) through (d).
    (5) No corrosive fluids or gases that may escape from any lithium 
ion batteries and battery systems 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 ion battery and battery system 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 ion batteries and battery systems must have a system to 
control the charging rate of the battery automatically, so as to 
prevent battery overheating or overcharging, and:
    (i) 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,
    (ii) 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 ion battery and battery system 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 Sec.  
25.1529 must contain maintenance requirements to assure that the 
lithium ion batteries are sufficiently charged at appropriate intervals 
specified by the battery manufacturer and the equipment manufacturer. 
The instructions for continued airworthiness must also contain 
procedures for the maintenance of batteries in spares storage to 
prevent the replacement of batteries with batteries that have 
experienced degraded charge retention ability or other damage due to 
prolonged storage

[[Page 76734]]

at a low state of charge. Replacement batteries must be of the same 
manufacturer and part number as approved by the FAA. Precautions should 
be included in the instructions for continued airworthiness maintenance 
instructions to prevent mishandling of the rechargeable lithium ion 
batteries and battery systems, which could result in short-circuit or 
other unintentional impact damage caused by dropping or other 
destructive means.

    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) at Amendment 25-113 in the certification basis of 
Boeing Model 777-200, -300, and -300ER series airplanes. These 
special conditions apply only to rechargeable lithium ion batteries 
and battery systems and their installations. The requirements of 
Sec.  25.1353(b) at Amendment 25-113 remain in effect for batteries 
and battery installations on Boeing Model 777-200, -300, and -300ER 
series airplanes that do not use rechargeable lithium ion batteries.


    Issued in Renton, Washington, on December 10, 2013.
John P. Piccola, Jr.,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-30232 Filed 12-18-13; 8:45 am]
BILLING CODE 4910-13-P