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NTSB · Safety Recommendation

Safety Recommendation A-14-119

Recommendation

TO THE FEDERAL AVIATION ADMINISTRATION: Provide your certification engineers with written guidance and training to ensure that (1) assumptions, data sources, and analytical techniques are fully identified and justified in applicants’ safety assessments for designs incorporating new technology and (2) an appropriate level of conservatism is included in the analysis or design, consistent with the intent of Advisory Circular 25.1309 (Arsenal draft).

Safety Issue and Context

On January 7, 2013, about 1021 eastern standard time, smoke was discovered by cleaning personnel in the aft cabin of a Japan Airlines (JAL) Boeing 787-8, JA829J, which was parked at a gate at General Edward Lawrence Logan International Airport (BOS), Boston, Massachusetts. About the same time, a maintenance manager in the cockpit observed that the auxiliary power unit (APU) had automatically shut down. Shortly afterward, a mechanic opened the aft electronic equipment bay and found heavy smoke coming from the lid of the APU battery case and a fire with two distinct flames at the electrical connector on the front of the case.

None of the 183 passengers and 11 crewmembers were aboard the airplane at the time, and none of the maintenance or cleaning personnel aboard the airplane was injured. Aircraft rescue and firefighting personnel responded, and one firefighter received minor injuries. The airplane had arrived from Narita International Airport, Narita, Japan, as a regularly scheduled passenger flight operated as JAL flight 008 and conducted under the provisions of 14 Code of Federal Regulations (CFR) Part 129.

Response History

December 2, 2025 · NTSB Correspondence · FAA

We note that AC 25.1309-1B contains the recommended guidance for certification engineers. We are also aware that, in 2020, the FAA revised its system safety class for FAA engineers and recurrent training for designated engineering representatives to include the system safety aspects cited in this recommendation, a discussion of the 2013 787 battery fire event, and materials related to the justification of critical assumptions in safety assessments. We believe these actions satisfy the intent of this recommendation. Consequently, the Board has voted to classify Safety Recommendation A-14-119 CLOSED—ACCEPTABLE ACTION.

January 10, 2025 · Recipient Response · FAA

-From Michael G. Whitaker, Administrator: The FAA published the System Safety Assessments (SSA) Final Rule in the Federal Register on August 27, 2024 (89 FR 68706). This rule addresses the risk from latent failures, including control systems jams and the risk of wear-related failures, by modifying § 25.671, General, and § 25.1309, Equipment, Systems, and Installations. Additionally, the FAA has issued three new Advisory Circulars (ACs) and amended two existing ACs to provide guidance material for acceptable means, but not the only means, of showing compliance with the regulations in this final rule. These ACs are available in the public docket for this rulemaking:

• AC 25.671–1, Control Systems – General. • AC 25.901–1, Safety Assessment of Powerplant Installations. • AC 25.933–1, Unwanted In-Flight Thrust Reversal of Turbojet Thrust Reversers. • AC 25.629–1C, Aeroelastic Stability Substantiation of Transport Category Airplanes. • AC 25.1309–1B, System Design and Analysis.

The final rule addresses these recommendations by revising § 25.671(c)

Read Recommendation

Recommendation Facts

Status
Closed - Acceptable Action
Issued
December 1, 2014
Priority
CLASS II
Recipient
FAA
Adopted
November 21, 2014
Closed
December 2, 2025
Related Investigation
DCA13IA037
Related Report
AIR-14-01
, requiring the inclusion of certification maintenance requirements in the airworthiness limitation section, providing guidance on assessing wear-related failures as part of the SSA, and establishing guidance contained in AC 25.1309–1B.

I believe the FAA has addressed the intent of Safety Recommendations A-99-22, A-99-23, A-02- 51, and A-14-119, and consider our actions complete.

December 30, 2024 · NTSB Correspondence · FAA

We are aware that, on August 30, 2024, you published final AC 25.1309-1B, “System Design and Analysis,” which includes guidance for airplane manufacturers, modifiers, foreign regulatory authorities, and FAA aircraft certification service engineers and designees regarding acceptable means for complying with Title 14 Code of Federal Regulations (14 CFR) 25.1309, “Equipment, Systems, and Installations.” We note that Revision B is based on updates you have made to section 25.1309 and includes more substantive guidance on safety analysis methods than Version A and emphasizes that applicants need to document certain technical details and failure modes, and pilot response times to them.

We believe the guidance in AC 25.1309-1B is consistent with what was proposed in the draft and responsive to this recommendation. Pending revisions to the system safety class for FAA engineers and recurrent training for FAA engineering designees that are consistent with this updated guidance, Safety Recommendation A-14-119 remains classified OPEN-- ACCEPTABLE RESPONSE.

February 15, 2024 · NTSB Correspondence · FAA

In our March 2, 2023, comments responding to your “System Safety Assessments” NPRM, we informed you that finalizing the revisions proposed in draft AC 25.1309-1B, which contains the recommended guidance for certification engineers, would satisfy Safety Recommendation A-14-119.

We continue to support your proposed draft AC 25.1309-1B and look forward to reviewing the published guidance. In the meantime, Safety Recommendation A-14-119 remains classified OPEN-- ACCEPTABLE RESPONSE.

August 10, 2023 · Recipient Response · FAA

-From Polly Trottenberg, Acting Administrator: The FAA published the SSA Notice of Proposed Rulemaking in the Federal Register on December 8, 2022 (87 FR 75424), and public comments closed on March 8, 2023. This 14 CFR Part 25 amendment will address the risk from latent failures, including control systems jams and the risk of wear-related failures, by modifying § 25.671, General, and § 25.1309, Equipment, Systems, and Installations. On August 30, 2022, we released the following new and revised advisory circulars (AC) for public comment:

• AC 25.1309-1B, System Design and Analysis (revised); • AC 25.629-1C, Aeroelastic Stability Substantiation of Transport Category Airplanes (revised); • AC 25.671, Control Systems (new); • AC 25.901, Safety Assessment of Powerplant Installations (new); and • AC 25.933, Powerplant Reversing Systems (new).

We anticipate publishing the SSA Final Rule and associated ACs by July 2024.

I will keep the Board informed of the FAA’s progress on Safety Recommendations A-99-22, A-99-23, A-02-51, and A-14-119 and anticipate providing an update by May 31, 2024.

April 19, 2023 · NTSB Correspondence · FAA

In our March 2, 2023, comments responding to your “System Safety Assessments” NPRM, we informed you that finalizing the revisions proposed in draft AC 25.1309-1B, which contains the recommended guidance for certification engineers, will satisfy Safety Recommendation A-14-119. Pending timely publication of a final AC that is consistent with the draft, Safety Recommendation A-14-119 is classified OPEN-- ACCEPTABLE RESPONSE.

We also said in our NPRM response that finalizing the revisions proposed in draft AC-25.1309-1B, which contains guidance that informs applicants, certification engineers, and engineering designees about the use of traceability principles in aircraft development and certification programs, will satisfy Safety Recommendation A-14-121. Pending timely publication of a final AC that is consistent with the draft, Safety Recommendation A-14-121 remains classified Open—Acceptable Response.

Our March 2023 NPRM response further said that revising the FAA’s web-based training course for certification engineers and engineering designees to reflect the guidance contained in draft AC-25.1309-1B will satisfy Safety Recommendation A-14-122. Pending our review of the revised training, Safety Recommendation A-14-122 remains classified Open—Acceptable Response.

Prior to the FAA publishing draft AC-25.1309-1B for public comment, your staff provided an advance copy of the draft guidance for my staff to review. In our August 30, 2022, letter regarding this recommendation, we said that we supported the revisions proposed in draft AC-25.1309-1B, and publishing a final AC that is consistent with the draft will satisfy Safety Recommendation A-14-123, assuming no substantive changes are made. In our March 2023 NPRM comments, we informed you that finalizing the revisions proposed in draft AC 25.1309 1B will not complete the actions needed to satisfy Safety Recommendation A-14-123.

We believe the guidance contained in draft AC 25.1309-1B will help ensure that applicants discuss key assumptions related to safety-significant failure conditions, their validation, and their traceability to requirements and proposed methods of compliance during certification planning meetings for type designs involving special conditions. Therefore, we believe the guidance contained in the draft AC, if finalized, will represent an acceptable alternate solution to this recommendation. Pending timely publication of a final AC that is consistent with the draft, Safety Recommendation A-14-123 is classified Open—Acceptable Alternate Response.

March 2, 2023 · NTSB Correspondence · FAA

The National Transportation Safety Board (NTSB) has reviewed the Federal Aviation Administration’s (FAA) notice of proposed rulemaking (NPRM) titled, “System Safety Assessments,” which was published at 87 Federal Register 75424 on December 8, 2022. We welcome the opportunity to provide comments on this NPRM, in which the FAA proposes to amend certain airworthiness regulations to standardize the criteria for conducting safety assessments for systems, including flight controls and powerplants, installed on transport-category airplanes.

According to the NPRM, the proposed action addresses a congressional mandate, safety recommendations from the NTSB, industry working groups safety analyses, and updates to regulations and provides insight to new regulations related to system safety. The NPRM also moves the United States closer to harmonizing Title 14 Code of Federal Regulations (CFR) 25.1309 with European Aviation Safety Agency Certification Specification-25. The intended effect of this proposed action is to improve aviation safety by making system safety certification requirements more comprehensive and consistent. The NTSB has long recognized the need for system safety assessments to improve safety in aircraft design.

The following comments discuss 10 safety recommendations issued to the FAA regarding issues addressed in the NPRM and accompanying draft advisory circulars (ACs).

Training and Guidance for FAA Certification Engineers and Engineering Designees

Safety Recommendation A-14-119 asked the FAA to provide its certification engineers with written guidance and training to ensure that (1) assumptions, data sources, and analytical techniques are fully identified and justified in applicants’ safety assessments for designs incorporating new technology and (2) an appropriate level of conservatism is included in the analysis or design, consistent with the intent of AC 25.1309 (Arsenal draft). Footnote: Following the January 7, 2013, battery fire incident involving a Japan Airlines Boeing 787-8 in Boston, Massachusetts, we issued Safety Recommendations A-14-119 and A 14 121 through -123 regarding system safety and certification.

Safety Recommendation A-14-119 is currently classified Open—Unacceptable Response. For more information about this investigation’s findings, see NTSB. 2014. Auxiliary Power Unit Battery Fire, Japan Airlines Boeing 787-8, JA829J, Boston, Massachusetts, January 7, 2013, Aircraft Incident Report AIR-14/01. Washington, DC: NTSB. Our review of draft AC-25.1309-1B, System Design and Analysis, found that it is responsive to Safety Recommendation A-14-119 with respect to providing written guidance to FAA certification engineers.

Safety Recommendation A-14-121 asked the FAA to develop written guidance for its certification engineers and engineering designees about the use of traceability principles to verify that the methods of compliance proposed by type certification applicants for special conditions involving new technology are correct and complete. Footnote: Safety Recommendations A-14-221 through -223 are classified Open—Acceptable Response. Our review of draft AC-25.1309-1B indicates that it will inform applicants, certification engineers, and engineering designees about the use of traceability principles in aircraft development and certification programs, which is also noted in the NPRM.

Publication of AC 25.1309 1B as proposed will likely satisfy Safety Recommendation A-14-121.

Safety Recommendation A-14-122 asked the FAA to provide training to its certification engineers and engineering designees on the subjects discussed in the guidance developed and issued in response to Safety Recommendation A-14-121. Safety Recommendation A-14-123 asked the FAA to require applicants to discuss key assumptions related to safety-significant failure conditions, their validation, and their traceability to requirements and proposed methods of compliance during certification planning meetings for type designs involving special conditions.

In a January 26, 2022, response concerning these recommendations, the FAA reported plans to review and revise its web-based training provided to certification specialists and designees after the revisions proposed in draft AC 25.1309-1B are finalized.

Finalizing the revisions proposed in AC 25.1309 1B will not complete the actions needed to satisfy Safety Recommendations A-14-122 and -123; however, publication of the revised AC as proposed will enable the FAA to complete the revisions to its web-based training provided to certification specialists and designees needed to satisfy these recommendations.

August 30, 2022 · Recipient Response · FAA

-From Billy Nolen, Acting Administrator: The FAA continues to prioritize the publication of the Notice of Proposed Rulemaking (NPRM) for the System Safety Assessment (SSA) rule currently in its final internal coordination with an anticipated publication date by December 31, 2022, to meet the requirements of The Aircraft Certification, Safety, and Accountability Act. The part 25 amendment will address the risk from latent failures and includes control systems jams and modifications to 14 CFR § 25.671, General, and § 25.1309, Equipment, Systems, and Installations, to address the risk of wear-related failures.

Concurrent with the SSA NPRM, the FAA will release the following new and revised draft advisory circulars (AC) for public comment:

• AC 25.1309-1B, System Design and Analysis (revised); • AC 25.629-1C, Aeroelastic Stability Substantiation of Transport Category Airplanes (revised); • AC 25.671, Control Systems (new); • AC 25.901, Safety Assessment of Powerplant Installations (new): and • AC 25.933, Powerplant Reversing Systems (new).

I will keep the Board informed of the FAA’s progress on safety recommendations A-99-22 and -23, A-02-51, and A-14-119, and anticipate providing an update by June 30, 2023.

February 18, 2022 · NTSB Correspondence · FAA

We continue to believe your updated system safety class for FAA engineers and recurrent training for designated engineering representatives are an effective interim step until the revised AC 25.1309 has been published, and you have revised the training, as necessary, to ensure that it is consistent with the guidance in the revised AC. We are concerned, however, with the continued delays associated with the System Safety Assessment rulemaking project and associated guidance.

Pending release of the revised AC with the recommended guidance, and the provision of adequate training on the revisions for all of your certification engineers and engineering designees, Safety Recommendation A 14-119 is classified OPEN-- UNACCEPTABLE RESPONSE.

July 26, 2021 · Recipient Response · FAA

-From Steve Dickson, Administrator: This is in further response to Safety Recommendations A-99-22 and -23 issued by the Board on April 16, 1999; A-02-51 issued on January 8, 2003; and A-14-119 issued on December 1, 2014, and supplements all of our previous letters. These safety recommendations are from two accidents and one incident. We have grouped these safety recommendations together to provide a consistent response to the Board because each will be addressed by the publication of the same rulemaking and guidance material.

A-99-22 and -23 were issued as a result of the accident that occurred on September 8, 1994, about 1903:23 Eastern Daylight Time, when USAir (now US Airways) flight 427, a Boeing 737-3B7 (737-300), N513AU, crashed while maneuvering to land at Pittsburgh International Airport, (PIT), Pittsburgh, Pennsylvania. Flight 427 was operating under the provisions of Title 14, Code of Federal Regulations (CFR) part 121 as a scheduled domestic passenger flight from Chicago-O’Hare International Airport, (ORD), Chicago, Illinois, to Pittsburgh. The flight departed about 1810, with 2 pilots, 3 flight attendants, and 127 passengers on board.

The airplane entered an uncontrolled descent and impacted terrain near Aliquippa, Pennsylvania. All 132 people on board were killed, and the airplane was destroyed by impact forces and fire. Visual meteorological conditions prevailed for the flight, which operated on an instrument flight rules flight plan.

A-02-51 was issued as a result of the accident that occurred on January 31, 2000, about 1621 Pacific Standard Time, when Alaska Airlines, Inc., flight 261, a McDonnell Douglas MD-83, N963AS, crashed into the Pacific Ocean about 2.7 miles north of Anacapa Island, California. The 2 pilots, 3 cabin crewmembers, and 83 passengers on board were killed, and the airplane was destroyed by impact forces.

Flight 261 was operating as a scheduled international passenger flight under the provisions of part 121 from Lic Gustavo Diaz Ordaz International Airport (PVR), Puerto Vallarta, Mexico, to Seattle-Tacoma International Airport (SEA), Seattle, Washington, with an intermediate stop planned at San Francisco International Airport (SFO), San Francisco, California. Visual meteorological conditions prevailed for the flight, which operated on an instrument flight rules flight plan.

A-14-119 was issued as a result of the January 7, 2013, incident in which a Japan Airlines (JAL) Boeing 787-8, JA8297, was parked at a gate at General Edward Lawrence Logan International Airport, (BOS), Boston, Massachusetts and maintenance personnel observed smoke coming from the lid of the auxiliary power unit battery case, as well as a fire with two distinct flames at the electrical connector on the front of the case. No passengers or crewmembers were aboard the airplane at the time, and none of the maintenance or cleaning personnel aboard the airplane were injured.

The airplane had arrived from Narita International Airport (NRT), Narita, Japan, as a regularly scheduled passenger flight operated as JAL flight 008 and conducted under the provisions of 14 CFR part 129.

The Federal Aviation Administration (FAA) is continuing to review and coordinate a notice of proposed rulemaking (NPRM) to incorporate the Aviation Rulemaking Advisory Committee recommendations for revising 14 CFR § 25.671, General, and § 25.1309, Equipment, Systems, and Installations, to address the risk from latent failures, including control systems jams, as well the risk of wear-related failures. The anticipated publication date for public comment is by the end of calendar year 2021. This date was delayed as a result of other rulemaking priorities. Concurrent with the NPRM, the FAA will release the following new and revised draft advisory circulars (AC) for public comment:

• AC 25.1309-1A, System Design and Analysis (revised), • AC 25.629-1C, Aeroelastic Stability Substantiation of Transport Category Airplanes (revised), • AC 25.671, Control Systems (new), • AC 25.901, Safety Assessment of Powerplant Installations (new), and • AC 25.933, Powerplant Reversing Systems (new).

This rulemaking and the corresponding changes to the above ACs are responsive to all four subject safety recommendations.

Furthermore, specific to Safety Recommendation A-14-119, we are currently training our engineers and Designated Engineering Representatives (DER) through our System Safety class and DER Recurrent Training on the system safety aspects cited in this recommendation. After the final revision to AC 25.1309-1A is published, we will update this training, if necessary, for any content changes.

I will keep the Board informed of the FAA’s progress on these safety recommendations and anticipate providing an update by July 31, 2022.

May 26, 2020 · NTSB Correspondence · FAA

We note that your agency’s system safety class for FAA engineers and recurrent training for designated engineering representatives now includes training on the system safety aspects highlighted in this recommendation; a discussion of the January 7, 2013, Boeing 787 battery fire event; and material related to the justification of critical assumptions in safety assessments. We also note that, once the revision to AC 25.1309 has been published, you plan to revise the training, as necessary, to ensure that it is consistent with the guidance in the revised AC.

Although the delays associated with revising this AC are concerning, we believe the training that you have implemented is an effective interim step. Pending release of the revised AC with the recommended guidance, and the provision of adequate training on the revisions for all of your certification engineers and engineering designees, Safety Recommendation A-14-119 remains classified OPEN--ACCEPTABLE RESPONSE.

February 18, 2020 · Recipient Response · FAA

-From Steve Dickson, Administrator: The FAA System Safety class for FAA engineers and recurrent training for Designated Engineering Representatives now includes training on the system safety aspects cited in this safety recommendation and a discussion of the January 7, 20 I 3, Boeing 787 battery fire event and materials related to justification of critical assumptions in safety assessments. The training will be revised, if necessary, for any content changes in the final published version of AC 25.1309-IA.

I will keep the Board informed of the FAA's progress on these recommendations and anticipate providing an update by December 2020.

January 25, 2018 · NTSB Correspondence · FAA

We note that, on May 11, 2010, you received the final recommendations of your Aviation Rulemaking Advisory Committee (ARAC) for revisions to 14 CFR sections 25.671 and 25.1309, and in the 7½ years since then, you have been preparing a notice of proposed rulemaking (NPRM) for these revisions. We further note that your ARAC recommended concurrent issuance of a revision to AC 25.1309-1A, “System Design and Analysis.”

The revised AC will provide guidance for showing compliance with the proposed revisions to sections 25.671 and 25.1309, as well as guidance to justify assumptions, data sources, and analytical techniques in safety assessments, and it will advise that extra conservatism be built into the analysis or design when the analytical process is variable or uncertain. The revised AC will also emphasize the importance of including safety critical assumptions in safety assessments to address new technologies that involve intrinsically hazardous equipment.

Although you originally intended to publish the NPRM in December 2012, assessing the costs and benefits of the proposed rule has taken considerably longer than you originally expected; as a result, the NPRM and AC revisions have been delayed. We note from your current letter that you are not able to provide an estimated publication date for the NPRM and draft changes to AC 25.1309-1A and that, as an interim measure, you will continue to use issue papers, as you have for many years, to apply the analysis techniques that will be in the NPRM and revised AC to assess failure conditions for all new type certification programs.

Although we believe that the NPRM, the resulting final rule, and the revisions to AC 25.1309 1A will satisfy Safety Recommendations A-99-22 and -23, we remain disappointed with the slow pace of progress. Using issue papers to apply the revisions has been an effective interim step, but these recommendations are now 19 years old and there is still no NPRM scheduled for publication to address them, let alone a final rule. Pending publication of the NPRM and a resulting final rule, and of revisions to AC 25.1309 1A that include the recommend requirements, Safety Recommendations A 99 22 and 23 remain classified “Open—Unacceptable Response.”

Similarly, although the revisions to AC 25.1309-1A will likely satisfy Safety Recommendation A 02 51, it is 15 years old. Pending prompt issuance of the final rule and appropriate revisions being made to the AC, Safety Recommendation A-02-51 remains classified “Open—Unacceptable Response.” In your February 24, 2015, letter about Safety Recommendation A-14-119, you indicated that paragraph 11.h of AC 25.1309 (Arsenal draft) provides guidance to justify assumptions, data sources, and analytical techniques in safety assessments and also advises that extra conservatism be built into the analysis or design when there is variability or uncertainty in the analytical process.

You also indicated that the draft AC did not specifically emphasize the importance of including all safety critical assumptions in a safety assessment. At that time, you planned to review the guidance to determine what revisions were necessary to specifically address new technologies that also involve intrinsically hazardous equipment, and you planned to train your engineers and engineering designees about the revised guidance once the revision was finished.

Pending release of the revised AC with guidance on including the safety-critical assumptions in safety assessments and on new technologies that also involve intrinsically hazardous equipment, and the provision of adequate training on the revisions for all of your certification engineers and engineering designees, Safety Recommendation A 14 119 remains classified OPEN--ACCEPTABLE RESPONSE.

November 16, 2017 · Recipient Response · FAA

-From Michael P. Huerta, Administrator: As noted in our previous letters to the Board, the Federal Aviation Administration (FAA) tasked the Aviation Rulemaking Advisory Committee (ARAC) with recommending refinements to safety rules and guidance concerning these four recommendations.

In 2010. the ARAC made recommendations to the FAA to revise Title 14. Code of Federal Regulations§§ 25.671and25.1309, and associated guidance material to further mitigate the risk from latent failures, including control systems jams, as well as the risk of wear-related failures. The ARAC recommendations address the issues raised in all four safety recommendations for future new airplane designs. For existing airplane designs, we have addressed these systems failures through airworthiness directives and continuously monitor this fleet to correct any new issues that arise through our continued operational safety process.

For future airplanes and those currently being certified, the FAA applies the analysis of failure conditions to all new type certification programs through issue papers, and will continue this practice on new certification projects, as applicable, until publication of our fin al rule and guidance. We initiated a rulemaking project in 20 11 to incorporate the ARAC recommendations for revising §§ 25.671 and 25.1309, applicable to new airplane designs and significant changes to existing designs.

Assessing costs and benefits of the proposed rule took longer than expected and issuance of the Notice of Proposed Rulemaking (NPRM), entitled System Safety Assessments, and associated guidance was delayed. As a result, we cannot provide an estimated publication date for the NPRM and draft changes to Advisory Circular (AC) 25.1309- l A at this time.

We continue to work toward issuance of a NPRM to revise §§ 25.67 l and 25.1309. The NPRM is in internal executive level coordination. The ARAC has recommended concurrent issuance of a revision to AC 25.1309-1 A, System Design and Analysis. In addition to providing guidance for showing compliance with the proposed revisions to §§ 25.671 and 25.1309. the revised AC will include guidance to justify assumptions. data sources, and analytical techniques in safety assessments, and advise that extra conservatism be built into the analysis or design when there is variability or uncertainty in the analytical process.

The AC will also emphasize including safety-critical assumptions in the safety assessment to address new technologies that involve intrinsically hazardous equipment. The FAA will train our engineers and engineering designees accordingly once there is a final published version of the revised AC.

I will keep the Board informed of the FAA's progress on rulemaking and the AC to address these recommendations and provide an update by October 31, 2018.

September 28, 2016 · NTSB Correspondence · FAA

In your February 24, 2015, letter about this recommendation, you indicated that paragraph 11.h of AC 25.1309 (Arsenal draft) provides guidance to justify assumptions, data sources, and analytical techniques in safety assessments and also advises that extra conservatism be built into the analysis or design when there is variability or uncertainty in the analytical process. You also indicated that the draft AC did not specifically emphasize including all safety critical assumptions in a safety assessment.

At that time, you planned to revise the guidance after a review to determine what revisions may be necessary to specifically address new technologies that also involve intrinsically hazardous equipment, and you planned to train your engineers and engineering designees about the revised guidance once the revision was finished. We note that you continue to work towards issuing the revised AC, which you plan to publish for public comment later this year.

Pending your release and our review of the revised AC with guidance on including the safety-critical assumptions in safety assessments and on new technologies that also involve intrinsically hazardous equipment, Safety Recommendation A 14 119 remains classified OPEN—ACCEPTABLE RESPONSE.

July 6, 2016 · Recipient Response · FAA

-Michael P. Huerta, Administrator: As noted in our previous response, draft Advisory Circular (AC) 25.1309 Arsenal provides guidance to justify assumptions, data sources, and analytical techniques in safety assessments and also advises that extra conservatism be built into the analysis or design when there is variability or uncertainty in the analytical process. This guidance will be included in a revised version of AC 25.1309. This AC will also emphasize including safety-critical assumptions in the safety assessment to address new technologies that involve intrinsically hazardous equipment.

The FAA continues to work towards issuance of this revised AC, which we plan on publishing for public comment in late 2016. We will train our engineers and engineering designees accordingly once there is a final published version of the revised AC.

May 12, 2016 · NTSB Correspondence · FAA

CC# 201600220, dated May 12, 2016: The National Transportation Safety Board (NTSB) has reviewed the Federal Aviation Administration’s (FAA) notice of proposed rulemaking (NPRM) titled “Revision of Airworthiness Standards for Normal, Utility, Acrobatic, and Commuter Category Airplanes,” which was published at 81 Federal Register (FR) 13451 on March 14, 2016. The NPRM proposes to amend airworthiness standards for normal, utility, acrobatic, and commuter-category airplanes by removing prescriptive design requirements and replacing them with performance based airworthiness standards.

The proposed standards would also replace the current weight and propulsion divisions in small airplane regulations with performance- and risk based divisions for airplanes with a maximum seating capacity of 19 passengers or less and a maximum takeoff weight of 19,000 lbs. or less. In addition, the NPRM proposes to adopt additional airworthiness standards to address certification for flight in icing conditions, enhanced stall characteristics, and minimum control speed to prevent departure from controlled flight for multiengine airplanes.

On April 8, 2016, the FAA also published on its website draft Advisory Circular (AC) 23.10 titled “FAA Accepted Means of Compliance Process for 14 [Code of Federal Regulations] CFR Part 23.” The draft AC provides guidance on how to submit a proposed means of compliance (MOC) with Part 23 for acceptance by the Administrator in accordance with proposed section 23.10, “Accepted Means of Compliance,” in the NPRM. This letter provides comments on the NPRM. We will submit separate comments regarding draft AC 23.10.

Related Safety Recommendations and Investigations We issued safety recommendations to the FAA and investigated accidents/incidents related to the following topics discussed in the NPRM: Certification One of the FAA’s stated goals in this rulemaking is to encourage the introduction of new and innovative technology. Our investigation of the January 7, 2013, fire in the aft cabin of a Japan Airlines Boeing 787-8, JA829J, which was parked at a gate at General Edward Lawrence Logan International Airport, Boston, Massachusetts, focused on issues related to the safety of new technology introduced to aviation (specifically, new lithium-ion battery applications).

Manufacturers and subtier vendors developed design and oversight criteria to be applied and then presented the criteria to the FAA. We found that there was insufficient guidance and education for FAA certification engineers during the type certification process to ensure compliance with applicable requirements. As a result, on December 1, 2014, we issued the following safety recommendations to the FAA: A-14-119

Provide your certification engineers with written guidance and training to ensure that (1) assumptions, data sources, and analytical techniques are fully identified and justified in applicants’ safety assessments for designs incorporating new technology and (2) an appropriate level of conservatism is included in the analysis or design, consistent with the intent of [AC] 25.1309 (Arsenal draft). [Classified “Open—Acceptable Response”] A-14-121

Develop written guidance for your certification engineers and engineering designees about the use of traceability principles to verify that the methods of compliance proposed by type certification applicants for special conditions involving new technology are correct and complete. [Classified “Open—Acceptable Response”] A-14-122 Once the guidance requested in Safety Recommendation A-14-121 has been issued, provide training to your certification engineers and engineering designees on the subjects discussed in the guidance. [Classified “Open—Acceptable Response”] A-14-123

Require applicants to discuss key assumptions related to safety-significant failure conditions, their validation, and their traceability to requirements and proposed methods of compliance during certification planning meetings for type designs involving special conditions. [Classified “Open—Acceptable Response”] We are concerned that with the revisions proposed in the NPRM, and procedures proposed in draft AC 23.10, the FAA’s certification engineering staff will face increased demands to evaluate new technologies, and the FAA may face challenges similar to those encountered with the certification of the lithium-ion batteries in the Boeing 787.

April 30, 2015 · NTSB Correspondence · FAA

The National Transportation Safety Board (NTSB) has reviewed the Federal Aviation Administration’s (FAA) notice of proposed special conditions titled “Special Conditions: Honda Aircraft Company, Model HA-420 HondaJet, Lithium-Ion Batteries,” which was published in 80 Federal Register 19889 on April 14, 2015.

As the FAA states in its notice, the applicable airworthiness regulations contained in 14 Code of Federal Regulations Part 23 do not include adequate or appropriate safety standards for the HondaJet’s installation of lithium-ion (Li-ion) batteries, which possess certain failure, operational characteristics, and maintenance requirements that differ significantly from that of nickel cadmium and lead acid rechargeable batteries. The proposed special conditions contain the additional safety standards that the FAA administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

In 2014, in connection with our investigation of the January 7, 2013, auxiliary power unit Li-ion battery fire on board a Japan Airlines Boeing 787, the NTSB issued two sets of safety recommendations (A-14-32 through -36 and A-113 through -127) to the FAA addressing Li-ion batteries to be used on transport-category airplanes, which are subject to Part 25 regulations, and the certification of new technology. The safety intent of these recommendations also apply to Li-ion battery installations in general aviation airplane types such as the HondaJet.

We believe that the proposed special conditions are generally adequate but that proof of their effectiveness is in the applicants’ methods of compliance. The NTSB notes that some of the special conditions need more detail to promote an equivalent level of safety, as intended. For example, proposed paragraph e states “no corrosive fluids or gasses that may escape from any Li-ion battery may damage surrounding airplane structure or adjacent essential equipment.” The NTSB believes that this special condition should explicitly indicate electrical wiring in the list of items that could be damaged.

During the investigations of the 787 events, damage to wiring, in addition to structure and equipment, was observed. Proposed paragraph f states that the applicant must provide provision for each installed Li-ion battery to prevent any hazardous effect on structure or essential systems that may be caused by the maximum amount of heat the battery can generate during a short circuit of the battery or of its individual cells. The NTSB believes that provisions must be established to prevent hazardous effects from the maximum heat generated during a battery failure event, regardless of failure mode.

Short circuits, as a general class of abuse, can vary in severity and may not represent a worst case scenario. Proposed paragraph g states that Li-ion battery installations must have the following: (1) A system to control the charging rate of the battery automatically so as to prevent battery overheating or overcharging; or (2) 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 (3) 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.

The NTSB believes that “and” should replace “or” between subparagraphs (1) and (2) as well as between subparagraphs (2) and (3). Further, consistent with Safety Recommendations A-14-115 and -116, paragraph g should include a provision for monitoring temperatures and voltages at the individual cell level throughout the operating temperature range.

Safety Recommendation A-14-115 asks the FAA to “work with aviation industry experts to develop or modify existing safety standards related to the design of permanently installed lithium-ion batteries to require monitoring of individual cell temperature and voltage and recording of exceedances to prevent internal cell damage during operations under the most extreme operating temperatures and currents.”

Once the requested guidance has been issued, Safety Recommendation A-14-116 asks the FAA to “require type certification applicants to demonstrate that the battery monitoring system maintains each individual cell within safe temperature limits at the most extreme battery operating temperatures and the heaviest electrical current loads approved for operation.” This monitoring is to ensure that battery installations prevent hazardous conditions resulting from overcharge but also mitigate the severity of failure conditions that cannot be prevented exclusively via charging controls such as exposure to excessive temperature in operation or internal short circuiting.

Such a modification to the proposed language would reflect a level of safety equivalent to Li-ion installations in transport-category aircraft, which the NTSB believes is also appropriate for Part 23 aircraft such as HondaJet. Additionally, subparagraphs (2) and (3) are more likely to identify problems after they occur, whereas subparagraph (1) is more preventive.

Proposed paragraph j states “batteries in a rotating stock (spares) that have experienced degraded charge retention capability or other damage due to prolonged storage must be functionally checked at manufacturers’ recommended inspection intervals.” The NTSB notes that recent special conditions for transport-category aircraft state that “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 at a low state of charge.”

We believe the proposed special conditions should be revised to include provisions for preventive maintenance while in storage, where appropriate, to highlight the potential risk of installing an improperly maintained battery in an aircraft even if it passes the functional checks, which could lead to a thermal runaway condition in operation due to preexisting, undetectable damage.

The NTSB notes that another set of recent special conditions for transport-category aircraft included the provision that “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.” The proposed special conditions for the Model HA-420 HondaJet do not include this provision. We believe that a similar provision should be added to provide an equivalent level of safety for all Li-ion batteries and installations for all categories of aircraft.

Finally, as reflected in Safety Recommendations A-14-32 and A-14-33, we believe that applicable tests should replicate the battery installation on an aircraft and be conducted under conditions that produce the most severe outcome. As the FAA determines compliance with the special conditions, please ensure that these recommendations are taken into account.

Safety Recommendation A-14-32 asks the FAA to “develop abuse tests that subject a single cell within a permanently installed, rechargeable lithium-ion battery to thermal runaway and demonstrate that the battery installation mitigates all hazardous effects of propagation to other cells and the release of electrolyte, fire, or explosive debris outside the battery case. The tests should replicate the battery installation on the aircraft and be conducted under conditions that produce the most severe outcome.” Safety Recommendation A-14-33 asks the FAA to “require aircraft manufacturers to perform the tests [requested in Safety Recommendation A-14-

April 16, 2015 · NTSB Correspondence · FAA

We acknowledge that paragraph 11.h of AC 25.1309 (Arsenal draft) contains guidance to justify assumptions, data sources, and analytical techniques, and that extra conservatism should be built into the analysis or the design when there is variability or uncertainty in the analytical process. We agree with you that the draft AC does not specifically emphasize including the safety-critical assumptions in the safety assessment.

We note that you plan to revise the guidance after a review to determine what revisions may be necessary to specifically address new technologies that also involve intrinsically hazardous equipment, and that you plan to train your engineers and engineering designees about the revised guidance, once the revision is finished. Pending completion of all these actions, Safety Recommendation A-14-119 is classified OPEN—ACCEPTABLE RESPONSE.

February 24, 2015 · Recipient Response · FAA

-From Michael P. Huerta, Administrator: We understand and concur with the Board's rationale leading to this recommendation. As the Board observed, paragraph 1l.h of draft Advisory Circular (AC) 25.1309-Arsenal does contain guidance to justify assumptions, data sources, and analytical techniques. The draft AC also advises that extra conservatism should be built into the analysis or the design when there is variability or uncertainty in the analytical process. However, the draft AC does not specifically emphasize capturing in the safety assessment the safety critical assumptions and validation thereof.

Further guidance may be necessary to specifically address new technologies that also involve intrinsically hazardous equipment such as large energy supply devices. We plan to review our guidance materials to determine any needed improvements, and to provide training to our engineers and engineering designees accordingly.