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74758 Federal Register / Vol. 71, No.

239 / Wednesday, December 13, 2006 / Rules and Regulations

Applicability CFR 25.1309 (b) and applicable Issued in Renton, Washington, on


regulatory guidance. November 30, 2006.
As discussed above, these special
(6) Each lithium ion battery Kevin Mullin,
conditions are applicable to the Airbus
A380–800 airplane. Should Airbus installation must have provisions to Acting Manager, Transport Airplane
prevent any hazardous effect on Directorate, Aircraft Certification Service.
apply at a later date for a change to the
type certificate to include another structure or essential systems caused by [FR Doc. E6–21188 Filed 12–12–06; 8:45 am]
model incorporating the same novel or the maximum amount of heat the BILLING CODE 4910–13–P

unusual design features, these special battery can generate during a short
conditions would apply to that model as circuit of the battery or of its individual
well under the provisions of § 21.101. cells. DEPARTMENT OF TRANSPORTATION

Conclusion (7) Lithium ion battery installations Federal Aviation Administration


must have a system to control the
This action affects only certain novel charging rate of the battery 14 CFR Part 25
or unusual design features of the Airbus automatically, so as to prevent battery
A380–800 airplane. It is not a rule of overheating or overcharging, and, [Docket No. NM313; Special Conditions No.
general applicability. 25–340–SC]
(i) A battery temperature sensing and
List of Subjects in 14 CFR Part 25 over-temperature warning system with a Special Conditions: Airbus Model
Aircraft, Aviation safety, Reporting means for automatically disconnecting A380–800 Airplane; Fire Protection
and recordkeeping requirements. the battery from its charging source in
the event of an over-temperature AGENCY: Federal Aviation
■ The authority citation for these
condition, or, Administration (FAA), DOT.
special conditions is as follows:
(ii) A battery failure sensing and ACTION: Final special conditions.
Authority: 49 U.S.C. 106(g), 40113, 44701,
44702, 44704. warning system with a means for
SUMMARY: These special conditions are
automatically disconnecting the battery
The Special Conditions issued for the Airbus A380–800
from its charging source in the event of
airplane, which has novel and unusual
■ Accordingly, pursuant to the authority battery failure.
design features, such as a full-length,
delegated to me by the Administrator, (8) Any lithium ion battery double deck passenger cabin and
the following special conditions are installation whose function is required electrical equipment bays distributed
issued as part of the type certification for safe operation of the airplane must throughout the airplane. For these
basis for the Airbus A380–800 airplane. incorporate a monitoring and warning design features, the applicable
In lieu of the requirements of 14 CFR feature that will provide an indication airworthiness regulations do not contain
25.1353(c)(1) through (c)(4), the to the appropriate flight crewmembers, adequate or appropriate safety standards
following special conditions apply: whenever the state-of-charge of the regarding fire protection. These special
Lithium-ion batteries on the Airbus batteries has fallen below levels conditions contain the additional safety
Model 380–800 airplane must be considered acceptable for dispatch of standards that the Administrator
designed and installed as follows: the airplane. considers necessary to establish a level
(1) Safe cell temperatures and of safety equivalent to that established
(9) The Instructions for Continued
pressures must be maintained during by the existing airworthiness standards.
Airworthiness, required by 14 CFR
any foreseeable charging or discharging Additional special conditions will be
25.1529, must contain maintenance
condition and during any failure of the issued for other novel or unusual design
requirements for measurements of
charging or battery monitoring system features of the Airbus Model A380–800
battery capacity at appropriate intervals
not shown to be extremely remote. The airplane.
to ensure that batteries whose function
lithium ion battery installation must
is required for safe operation of the DATES: Effective Date: The effective date
preclude explosion in the event of those
airplane will perform their intended of these special conditions is November
failures.
function as long as the battery is 30, 2006.
(2) Design of the lithium ion batteries
installed in the airplane. The FOR FURTHER INFORMATION CONTACT:
must preclude the occurrence of self-
Instructions for Continued Holly Thorson, FAA, International
sustaining, uncontrolled increases in
Airworthiness must also contain Branch, ANM–116, Transport Airplane
temperature or pressure.
(3) No explosive or toxic gasses procedures for the maintenance of Directorate, Aircraft Certification
emitted by any lithium ion battery in lithium ion batteries in spares storage to Service, 1601 Lind Avenue, SW.,
normal operation or as the result of any prevent the replacement of batteries Renton, Washington 98055–4056;
failure of the battery charging system, whose function is required for safe telephone (425) 227–1357; facsimile
monitoring system, or battery operation of the airplane with batteries (425) 227–1149.
installation—not shown to be extremely that have experienced degraded charge
SUPPLEMENTARY INFORMATION:
remote—may accumulate in hazardous retention ability or other damage due to
quantities within the airplane. prolonged storage at a low state of Background
(4) Installations of lithium ion charge. Airbus applied for FAA certification/
batteries must meet the requirements of Note: These special conditions are not validation of the provisionally-
14 CFR 25.863(a) through (d). intended to replace 14 CFR 25.1353(c) in the designated Model A3XX–100 in its
(5) No corrosive fluids or gasses that certification basis of the Airbus A380–800 letter AI/L 810.0223/98, dated August
may escape from any lithium ion battery airplane. The special conditions apply only
12, 1998, to the FAA. Application for
hsrobinson on PROD1PC76 with RULES

to lithium ion batteries and their


may damage surrounding structure or installations. The requirements of 14 CFR certification by the Joint Aviation
any adjacent systems, equipment or 25.1353(c) remain in effect for batteries and Authorities (JAA) of Europe had been
electrical wiring of the airplane in such battery installations of the Airbus A380–800 made on January 16, 1998, reference AI/
a way as to cause a major or more severe airplane that do not utilize lithium ion L 810.0019/98. In its letter to the FAA,
failure condition, in accordance with 14 batteries. Airbus requested an extension to the 5-

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Federal Register / Vol. 71, No. 239 / Wednesday, December 13, 2006 / Rules and Regulations 74759

year period for type certification in 93–574, the ‘‘Noise Control Act of down power to the avionics equipment
accordance with 14 CFR 21.17(c). 1972.’’ in one electrical equipment bay and
The request was for an extension to a Special conditions, as defined in 14 reconfiguring the airplane’s
7-year period, using the date of the CFR 11.19, are issued in accordance environmental control system (e.g.,
initial application letter to the JAA as with 14 CFR 11.38 and become part of shutting down the recirculation fan) to
the reference date. The reason given by the type certification basis in see whether the amount of smoke in the
Airbus for the request for extension is accordance with 14 CFR 21.17(a)(2). flightdeck or passenger compartment is
related to the technical challenges, Special conditions are initially reduced or eliminated. If these actions
complexity, and the number of new and applicable to the model for which they do not eliminate the smoke, the flight
novel features on the airplane. On are issued. Should the type certificate crew may turn the power back on in the
November 12, 1998, the Manager, for that model be amended later to one electrical equipment bay, shut it off
Aircraft Engineering Division, AIR–100, include any other model that in the other equipment bay, and
granted Airbus’ request for the 7-year incorporates the same novel or unusual reconfigure the environmental control
period, based on the date of application design feature, the special conditions system again to see whether the smoke
to the JAA. would also apply to the other model is now reduced or eliminated.
In its letter AI/LE–A 828.0040/99 under the provisions of 14 CFR 21.101. This approach may be acceptable for
Issue 3, dated July 20, 2001, Airbus Discussion of Novel or Unusual Design airplanes with no more than two
stated that its target date for type Features electrical equipment bays, both located
certification of the Model A380–800 has in the lower lobe. In that case, there are
The Airbus Model A380–800 airplane only two options: a fire in an electrical
been moved from May 2005, to January has novel or unusual design features
2006, to match the delivery date of the equipment bay is in either one or the
relative to airplanes previously other. However, for an airplane with
first production airplane. In a certificated under 14 CFR part 25. These
subsequent letter (AI/L 810.0223/98 electrical equipment bays located
design features include full-length below, on, and above decks, this
issue 3, dated January 7, 2006), Airbus passenger cabins on the main deck and
stated that its target date for type approach is not sufficient, because—in
the upper deck and electrical equipment the time it takes to determine the source
certification is October 2, 2006. In bays that are distributed throughout the
accordance with 14 CFR 21.17(d)(2), of smoke—a fire could spread and the
airplane—on the main deck and upper quantity of smoke could increase
Airbus chose a new application date of deck as well as in the lower lobe.
December 20, 1999, and requested that significantly.
Generally, transport category Furthermore, the ‘‘trial and error’’
the 7-year certification period which airplanes have one or two electrical approach raises concern over the lack of
had already been approved be equipment bays located in the lower informational awareness that a flight
continued. The FAA has reviewed the lobe, adjacent to pressure regulator/ crew would have should smoke
part 25 certification basis for the Model outflow valves. If there were a fire in an penetration occur. Many factors—
A380–800 airplane, and no changes are electrical equipment bay, any smoke including the airflow pattern,
required based on the new application would be drawn toward the outflow configuration changes in the
date. valves and be discharged from the environmental control system, potential
The Model A380–800 airplane will be airplane without entering occupied leak paths, and location of outflow/
an all-new, four-engine jet transport areas. In the Airbus Model A380–800, regulator valves—would make it
airplane with a full double-deck, two- the electrical equipment bays are difficult to identify a smoke source,
aisle cabin. The maximum takeoff distributed throughout the airplane. especially during flight or system
weight will be 1.235 million pounds Only those equipment bays located in transients, such as climbing/descending
with a typical three-class layout of 555 the lower lobe of the airplane are or changes in ventilation.
passengers. adjacent to pressure regulator/outflow Current regulations (§ 25.857) require
Type Certification Basis valves. that cargo compartments have a means
For this combination of electrical to exclude hazardous quantities of
Under the provisions of 14 CFR 21.17, equipment bays distributed throughout smoke or fire extinguishing agent from
Airbus must show that the Model A380– the airplane and a double deck penetrating into occupied areas of the
800 airplane meets the applicable passenger cabin, the applicable airplane. However, there are no
provisions of 14 CFR part 25, as airworthiness regulations do not contain requirements that address the following:
amended by Amendments 25–1 through adequate or appropriate safety standards • Preventing hazardous quantities of
25–98. If the Administrator finds that regarding fire protection. Based upon its smoke or extinguishing agent
the applicable airworthiness regulations review of incidents of smoke in the originating from the electrical
do not contain adequate or appropriate passenger cabin, the FAA determined equipment bays from penetrating into
safety standards for the Airbus A380– that an airplane with electrical occupied areas of the airplane;
800 airplane because of novel or equipment bays located below, on, and • Installing smoke or fire detectors in
unusual design features, special above the main deck of a double deck electrical equipment bays; or
conditions are prescribed under the airplane presents a greater risk of smoke • Preventing hazardous quantities of
provisions of 14 CFR 21.16. penetration than older designs with smoke or extinguishing agent
In addition to the applicable equipment bays only in the lower lobe originating on one deck from spreading
airworthiness regulations and special adjacent to pressure regulator/outflow to the other deck.
conditions, the Airbus Model A380–800 valves. The FAA believes that smoke
airplane must comply with the fuel vent In the event of a fire, airplanes with detectors are needed in all electrical
and exhaust emission requirements of older designs rely upon ‘‘trial and error’’ equipment bays on the A380 to ensure
hsrobinson on PROD1PC76 with RULES

14 CFR part 34 and the noise to determine whether the source of fire that the flightcrew can make an
certification requirements of 14 CFR or smoke is in the electrical equipment informed decision as to the source of
part 36. In addition, the FAA must issue bay. Typically, this involves the pilots smoke and can shut down the specific
a finding of regulatory adequacy following a procedure in the Airplane electrical equipment bay from which the
pursuant to section 611 of Public Law Flight Manual. It may involve shutting smoke is coming.

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74760 Federal Register / Vol. 71, No. 239 / Wednesday, December 13, 2006 / Rules and Regulations

These special conditions, therefore, toward the outflow valves and leave the the main deck, the upper deck, and the
require that there be a smoke or fire airplane without entering occupied lower lobe along with full-length
detection system in each electrical areas. The presence of electrical passenger cabins on the main deck and
equipment bay. They also include equipment bays on and above the main the upper deck. This combination raises
requirements to prevent propagation of deck presents a special challenge in the the possibility that smoke from a fire in
hazardous quantities of smoke or fire event of a fire and creates uncertainty as an electrical equipment bay will
extinguishing agent between or to whether smoke will penetrate into penetrate into the flightdeck or into one
throughout the passenger cabins on the occupied areas of the airplane. or both passenger cabins. As noted
main deck and the upper deck. To summarize, the FAA believes that above, the presence of smoke detectors
it is appropriate to impose these special in these equipment bays will ensure that
Discussion of Comments
conditions for the A380–800 because: the flight crew has sufficient situational
Notice of Proposed Special (1) The A380–800 is a large, double information to enable them to shut
Conditions No. 25–05–08–SC, deck airplane with multiple electrical down the correct electrical equipment
pertaining to fire protection for the equipment bays distributed throughout, bay and to prevent hazardous quantities
Airbus A380 airplane, was published in i.e., lower lobe, main deck, and upper of smoke from entering the flight deck
the Federal Register on August 9, 2005 deck. or passenger cabins.
(70 FR 46108). A comment was received (2) The A380–800 has electrical Based on the fact that the electrical
from the Boeing Company. equipment bays located above the lower distribution center on the A380 includes
Requested change 1: Boeing states lobe and not adjacent to pressure electrical equipment bays in locations
that two conditions must be met in regulator/outflow valves. where fire and smoke are more
order to issue Special Conditions and (3) The A380–800 has more than two hazardous to passengers, we believe that
that neither one is met in this case. electrical equipment bays. this special condition should apply not
Specifically, Boeing says that the (4) The A380–800 has electrical only to electrical equipment bays on the
distributed electrical equipment bays equipment bays located on or above passenger decks, but to all electrical
are not a novel or unusual design passenger decks or the flight deck. equipment bays. To do otherwise would
feature, because ‘‘There have been (5) An airplane with this combination not protect the entire electrical
remote electrical equipment bays on of electrical equipment bays and distribution system when such
many previously certificated airplane passenger decks presents a greater risk protection could be accomplished
models, and similar Special Conditions of smoke penetration than older designs readily.
have not been required.’’ In addition, with equipment bays only in the lower Requested change 3: Finally, Boeing
Boeing states that the current lobe, adjacent to pressure regulator/ comments that the proposed Special
regulations are adequate to ensure that outflow valves. Conditions add requirements for
remote electrical equipment bays are (6) For this combination of design detecting smoke and fire and for
safe. Boeing concludes, therefore, that features, the applicable airworthiness preventing penetration of smoke and
the proposed Special Conditions are regulations do not contain adequate or that such requirements have previously
neither necessary nor justified. appropriate safety standards regarding been associated with fire protection for
FAA response: The FAA does not fire protection. cargo compartments, but not for
agree. As stated above in the Discussion (7) All electrical equipment bays on
electrical equipment bays. According to
of Novel or Unusual Design Features, the A380 should contain smoke or fire
the commenter,
the FAA finds that both conditions detectors to ensure that in the event of
required for issuance of a special a fire in one equipment bay the flight There have been many issues raised with
condition are met: previous part 25 crew has sufficient situational the smoke quantities and test methods for
rulemaking did not envision distributed these tests, especially for cargo compartment
information to enable them to shut tests. None of these discussions have
electrical equipment bays on passenger down the correct electrical equipment included equipment bays as the location of
decks, and new standards are necessary bay. the test, or the materials in the equipment
to maintain the level of safety of part 25. Requested change 2: Boeing objects to bay as the fuel of the fire. Therefore, there is
The FAA requested that Boeing provide applying the proposed Special no agreement as to the detailed test
further corroboration of its comment Conditions ‘‘to all [electrical] equipment procedures for the proposed equipment bay
that ‘‘There have been remote electrical bays, not just the remote equipment detection tests.
equipment bays on many previously bay(s) that the FAA has determined to FAA response: This comment pertains
certificated airplane models, and similar be novel and inadequately covered by to how Airbus will show compliance
Special Conditions have not been the existing regulations. Applying this with the requirements to install a smoke
required.’’ Our review of the Special Condition to the main or fire detection system in each
information provided by Boeing equipment bay appears to be a form of electrical equipment bay and to prevent
indicates that the specific design general rulemaking via Special smoke originating from the electrical
features incorporated into certain Condition.’’ equipment bays from penetrating
Boeing models are not the same as those FAA response: The FAA does not between or throughout passenger cabins
on the Airbus A380. Specifically, the agree. We contacted the Boeing on the main deck and the upper deck.
A380 has multiple electrical equipment Company regarding its comment and We have discussed these issues with
bays distributed throughout the lower asked for clarification. It appears that Airbus and with specialists within the
lobe and on and above the main deck, Boeing’s comment was focused on European Aviation Safety Agency and
whereas Boeing airplanes have at most multiple electrical equipment bays have established appropriate test criteria
two electrical equipment bays, both located in the lower lobe and not the through the issue paper process.
located in the lower lobe. distributed electrical equipment bays in
hsrobinson on PROD1PC76 with RULES

Historically, electrical equipment the A380 design. However, it is not only Clarification
bays have been located in the lower the remote electrical equipment bays The FAA has revised the text in the
lobe, adjacent to pressure regulator/ which are a novel or unusual design Discussion of Novel or Unusual Design
outflow valves such that any smoke in feature. It is the combination of Features to clarify that the special
the equipment bay would be drawn electrical equipment bays distributed on conditions apply to propagation of

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Federal Register / Vol. 71, No. 239 / Wednesday, December 13, 2006 / Rules and Regulations 74761

smoke or extinguishing agents between deck sources. No sustained smoke DEPARTMENT OF TRANSPORTATION
or throughout the main deck and upper penetration beyond that from
deck passenger cabins. Similarly, we environmental control system transients Federal Aviation Administration
have revised the text of Special is permitted.
Condition a.2.(c) to clarify that smoke 14 CFR Part 71
(b) Penetration of the small quantity
from a source below the main deck must of smoke is a dynamic event, involving [Docket No. FAA–2006–25270; Airspace
not rise above armrest height on the either dissipation or mobility. Docket No. 06–ASO–9]
main deck. Dissipation is rapid dilution of the
Establishment of Class D Airspace;
Applicability smoke by ventilation air, and mobility is
Eastman, GA; Correction
As discussed above, these special rapid movement of the smoke into and
conditions are applicable to the Airbus out of the occupied area. In no case, AGENCY: Federal Aviation
A380–800 airplane. Should Airbus should there be formation of a light haze Administration (FAA), DOT.
apply at a later date for a change to the indicative of stagnant airflow, as this ACTION: Correcting amendment.
type certificate to include another would indicate that the ventilation
system is failing to meet the SUMMARY: This document contains a
model incorporating the same novel or correction to the final rule (FAA–2006–
unusual design features, these special requirements of § 25.831(b).
25270; 06–ASO–9), which was
conditions would apply to that model as (c) The smoke from a smoke source published in the Federal Register on
well under the provisions of § 21.101. below the main deck must not rise November 30, 2006 (71 FR 69191),
Conclusion above armrest height on the main deck. establishing Class D airspace at
(d) The smoke from a source on the Eastman, GA. This action corrects the
This action affects only certain novel
same deck or above the deck must effective date of the Class D airspace.
or unusual design features of the Airbus
A380–800 airplane. It is not a rule of dissipate rapidly via dilution with fresh DATES: Effective Date: December 13,
general applicability. air and be evacuated from the airplane. 2006.
A procedure must be included in the FOR FURTHER INFORMATION CONTACT:
List of Subjects in 14 CFR Part 25 Airplane Flight Manual to evacuate Mark D. Ward, Group Manager, System
Aircraft, Aviation safety, Reporting smoke from the occupied areas of the Support, Eastern Service Center, Federal
and recordkeeping requirements. airplane. In order to demonstrate that Aviation Administration, P.O. Box
■ The authority citation for these the quantity of smoke is small, a flight 20636, Atlanta, Georgia 30320;
special conditions is as follows: test must be conducted which simulates telephone (404) 305–5627.
the emergency procedures used in the SUPPLEMENTARY INFORMATION:
Authority: 49 U.S.C. 106(g), 40113, 44701,
event of a fire during flight, including
44702, 44704. Background
the use of Vmo/Mmo descent profiles and
The Special Conditions a simulated landing, if such conditions Federal Register Document 06–9232,
■ Accordingly, pursuant to the authority are specified in the emergency Docket No. FAA–2006–252760;
delegated to me by the Administrator, procedure. Airspace Docket 06–ASO–9, published
the following special conditions are b. Requirement for fire detection in on November 30, 2006 (71 FR 69191),
issued as part of the type certification electrical equipment bays: establishes Class D airspace at Eastman,
basis for the Airbus A380–800 airplane. GA. This action corrects the published
A smoke or fire detection system that docket.
a. Requirements to prevent complies with 14 CFR 25.858(c) and (d)
propagation of smoke or extinguishing Designations for Class D airspace are
must be provided for each electrical published in Paragraph 5000 of FAA
agents between or throughout main deck
equipment bay. Each system must Order 7400.9P, dated September 1,
and upper deck passenger cabins:
provide a visual indication to the flight 2006, and effective September 15, 2006,
1. To prevent such propagation, the
deck within one minute after the start of which is incorporated by reference in 14
following must be demonstrated:
(a) Means to prevent hazardous a fire in an electrical equipment bay. CFR 71.1. The Class D airspace
quantities of smoke or extinguishing Airplane tests must be conducted to designation listed in this document will
agent originating from the electrical show compliance with this requirement, be published subsequently in the Order.
equipment bays from incapacitating and the performance of the smoke or fire
detection system must be shown, in Need for Correction
passengers and crew, and
accordance with Advisory Circular 25– As published, the final rule contains
(b) Means to prevent hazardous
9A or by other means acceptable to the an error, which incorrectly states the
quantities of smoke or extinguishing
FAA. effective date of the Class D airspace.
agent originating from one deck from
Accordingly, pursuant to the authority
propagating to the other deck via vents, Issued in Renton, Washington, on
delegated to me, the effective date for
stairways, and joints in the floor/ceiling. November 30, 2006.
2. A ‘‘small quantity’’ of smoke may the establishment of Class D airspace at
Kevin Mullin, Eastman, GA, incorporated by reference
enter an occupied area only under the Acting Manager, Transport Airplane
following conditions: at § 71.1, 14 CFR 71.1, and published in
Directorate, Aircraft Certification Service. the Federal Register on November 30,
(a) The smoke enters occupied areas [FR Doc. E6–21191 Filed 12–12–06; 8:45 am]
during system transients 1 from below 2006 (71 FR 69191), is corrected by
BILLING CODE 4910–13–P making the following correcting
1 Transientairflow conditions may cause air amendment.
hsrobinson on PROD1PC76 with RULES

pressure differences between compartments, before pressurization ‘‘fly-through’’ during descent may
the ventilation and pressurization system is reduce air conditioning inflow. Similarly, in the
List of Subjects in 14 CFR Part 71
reconfigured. Additional transients occur during event of a fire, a small quantity of smoke that Airspace, incorporation by reference,
changes to system configurations such as pack shut- penetrates into an occupied area before the Navigation (air).
down, fan shut-down, or changes in cabin altitude; ventilation system is reconfigured would be
transition in bleed source change, such as from acceptable under certain conditions described ■ In consideration of the foregoing, the
intermediate stage to high stage bleed air; and cabin within this special condition. Federal Aviation Administration

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