Special Conditions: Boeing Model 777-200, -300, and -300ER Series Airplanes; Rechargeable Lithium Ion Batteries and Battery Systems, 76731-76734 [2013-30232]
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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?
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(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
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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:
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(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.
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[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:
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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.
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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,
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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
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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
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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).
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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
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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
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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
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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.
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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:
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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
https://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 https://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 https://DocketsInfo.dot
.gov/.
Docket: Background documents or
comments received may be read at
https://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
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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
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]]>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.
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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
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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
