80_FR_68494 80 FR 68281 - Special Conditions: Kestrel Aircraft Company, Model K-350 Turboprop, Lithium Batteries

80 FR 68281 - Special Conditions: Kestrel Aircraft Company, Model K-350 Turboprop, Lithium Batteries

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 80, Issue 213 (November 4, 2015)

Page Range68281-68284
FR Document2015-28125

This action proposes special conditions for the Kestrel Aircraft Company, Model K-350 Turboprop airplane. This airplane will have a novel or unusual design feature associated with the installation of a rechargeable lithium battery. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These proposed 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.

Federal Register, Volume 80 Issue 213 (Wednesday, November 4, 2015)
[Federal Register Volume 80, Number 213 (Wednesday, November 4, 2015)]
[Proposed Rules]
[Pages 68281-68284]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-28125]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 23

[Docket No. FAA-2015-5034; Notice No. 23-15-01-SC]


Special Conditions: Kestrel Aircraft Company, Model K-350 
Turboprop, Lithium Batteries

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed special conditions.

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

SUMMARY: This action proposes special conditions for the Kestrel 
Aircraft Company, Model K-350 Turboprop airplane. This airplane will 
have a novel or unusual design feature associated with the installation 
of a rechargeable lithium battery. The applicable airworthiness 
regulations do not contain adequate or appropriate safety standards for 
this design feature. These proposed 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: Send your comments on or before December 21, 2015.

ADDRESSES: Send comments identified by docket number FAA-2015-5034 
using any of the following methods:
    [squ] Federal eRegulations Portal: Go to http://www.regulations.gov 
and follow the online instructions for sending your comments 
electronically.
    [squ] 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.
    [squ] 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.
    [squ] Fax: Fax comments to Docket Operations at 202-493-2251.
    Privacy: The FAA will post all comments it receives, without 
change, to http://regulations.gov, including any personal information 
the commenter provides. Using the search function of the docket Web 
site, anyone can find and read the electronic form of all comments 
received into any FAA docket, including the name of the individual 
sending the comment (or signing the comment for an association, 
business, labor union, etc.). DOT's complete Privacy Act Statement can 
be found in the Federal Register published on April 11, 2000 (65 FR 
19477-19478), as well as at http://DocketsInfo.dot.gov.
    Docket: Background documents or comments received may be read at 
http://www.regulations.gov at any time. Follow the online instructions 
for accessing the docket or go to the Docket Operations in Room W12-140 
of the West Building Ground Floor at 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m., and 5 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Ruth Hirt, Federal Aviation 
Administration, Small Airplane Directorate, Aircraft Certification 
Service, 901 Locust; Kansas City, Missouri 64106; telephone (816) 329-
4108; facsimile (816) 329-4090.

SUPPLEMENTARY INFORMATION: 

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 ask 
that you send us two copies of written comments.
    We will consider all comments we receive on or before the closing 
date for comments. We will consider comments filed late if it is 
possible to do so without incurring expense or delay. We may change 
these special conditions based on the comments we receive.

[[Page 68282]]

Background

    On November 22, 2011, Kestrel Aircraft Company applied for a type 
certificate for their new Model K-350. The Kestrel Aircraft Company 
Model K-350 is a single-engine turboprop airplane with the primary 
structure constructed largely of carbon and epoxy composite material. 
The turboprop engine will be a Honeywell Model TPE331-14GR-801KT that 
is integrated with a Hartzell 4 bladed, 110-inch carbon composite 
propeller. The standard seating configuration offers a one plus five 
cabin (one pilot and five passengers). Alternate interior 
configurations will be available from two seats (cargo configuration) 
up to eight seats total. The K-350 will incorporate an integrated 
avionics system, retractable landing gear, and a conventional tail 
configuration.
    Specifications expected for the K-350 include the following:

 Maximum altitude: 31,000 Feet
 Maximum cruise speed: 320 Knots True Air Speed
 Maximum takeoff weight: 8,900 Pounds
 Maximum economy cruise: 1,200 Nautical Miles

    The K-350 will be certified for single-pilot operations under part 
91 and part 135 operating rules. The following operating conditions 
will be included:

 Day and Night Visual Flight Rules
 Instrument Flight Rules
 Flight Into Known Icing (Phase B certification)

    Kestrel Aircraft Company proposes to utilize a rechargeable lithium 
Main Battery on their new Model K-350 turboprop airplane. The current 
regulatory requirements for part 23 airplanes do not contain adequate 
requirements for the application of rechargeable lithium batteries in 
airborne applications. This type of battery possesses certain failure 
and operational characteristics with maintenance requirements that 
differ significantly from that of the nickel cadmium and lead acid 
rechargeable batteries currently approved in other normal, utility, 
acrobatic, and commuter category airplanes. Therefore, the FAA is 
proposing this special condition to require that (1) all 
characteristics of the rechargeable lithium batteries and their 
installation that could affect safe operation of the K-350 are 
addressed, and (2) appropriate Instructions for Continued Airworthiness 
that include maintenance requirements are established to ensure the 
availability of electrical power from the batteries when needed.

Type Certification Basis

    Under the provisions of 14 CFR 21.17, Kestrel Aircraft Company must 
show that the K-350 meets the applicable provisions of part 23, as 
amended by amendments 23-1 through 23-62 thereto.
    If the Administrator finds that the applicable airworthiness 
regulations (i.e., 14 CFR part 23) do not contain adequate or 
appropriate safety standards for the K-350 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 type certificate for that model be amended 
later to include any other model that incorporates 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 K-350 must comply with the fuel vent and exhaust 
emission requirements of 14 CFR part 34 and the noise certification 
requirements of 14 CFR part 36, and the FAA must issue a finding of 
regulatory adequacy under Sec.  611 of Public Law 92-574, the Noise 
Control Act of 1972.
    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.  21.17(a)(2).

Novel or Unusual Design Features

    The K-350 will incorporate the following novel or unusual design 
feature: Installation of a rechargeable lithium battery as the Main or 
Engine Start aircraft battery.

Discussion

    The current regulatory requirements for part 23 airplanes do not 
contain adequate requirements for the application of rechargeable 
lithium batteries in electrical system design. This type of battery 
possesses certain failures with operational characteristics and 
maintenance requirements that differ significantly from that of the 
nickel cadmium and lead acid rechargeable batteries currently approved 
in other normal, utility, acrobatic, and commuter category airplanes. 
Therefore, the FAA is proposing this special condition to require that 
(1) all characteristics of the rechargeable lithium batteries and their 
installation that could affect safe operation of the K-350 are 
addressed, and (2) appropriate Instructions for Continuous 
Airworthiness which include maintenance requirements are established to 
ensure the availability of electrical power from the batteries when 
needed.
    As previously mentioned, Kestrel Aircraft Company proposes to 
utilize a rechargeable lithium Main Battery on their new Model K-350 
turboprop airplane. At the Kestrel Preliminary Type Certification Board 
Meeting it was brought to the attention of the FAA that the Lithium 
battery used in the K-350 will be qualified to RTCA standards DO-311, 
titled Minimum Operational Performance Standards for Rechargeable 
Lithium Battery Systems. Additionally, on July 18, 2013, Kestrel 
advised the Civil Aviation Contingency Operations (CACO) that the 
battery will have Technical Standard Order Authorization for TSO C-
179a, titled Permanently Installed Rechargeable Lithium Cells, 
Batteries and Battery Systems. Finally, Kestrel plans to use the same 
manufacturer for both the lithium battery and the battery controller.
    Presently, there is limited experience with use of rechargeable 
lithium batteries 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 batteries. These problems include 
overcharging, over-discharging, and flammability of cell components, 
described in the following:
    1. Overcharging: In general, lithium batteries are significantly 
more susceptible to internal failures that can result in self-
sustaining increases in temperature and pressure (i.e., thermal 
runaway) than the nickel-cadmium or lead-acid counterparts. This is 
especially true for overcharging which causes heating and 
destabilization of the components of the cell, leading to the formation 
(by plating) of highly unstable metallic lithium. The metallic lithium 
may ignite, resulting in a fire or explosion. Finally, the severity of 
thermal runaway due to overcharging increases with increasing battery 
capacity and physical size.
    2. Over-discharging: Discharge of some types of lithium battery 
cells beyond a certain voltage (typically 2.4 volts) can cause 
corrosion of the electrodes of the cell, resulting in loss of battery 
capacity that cannot be reversed by recharging. This loss of capacity 
may not be detected by the simple voltage measurements commonly 
available to flight crews as a means of checking battery status, which 
is a problem shared with nickel-cadmium batteries.

[[Page 68283]]

    3. Flammability of Cell Components: Unlike nickel-cadmium and lead-
acid batteries, some types of lithium batteries use liquid electrolytes 
that are flammable. The electrolyte may 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 batteries raise 
concern about the use of these batteries in commercial aviation. The 
intent of the proposed special condition is to establish appropriate 
airworthiness standards for lithium battery installations in the K-350 
and to ensure, as required by Sec. Sec.  23.1309 and 23.601, that these 
battery installations are not hazardous or unreliable.

Applicability

    As previously discussed, these special conditions are applicable to 
the K-350. Should Kestrel Aircraft Company apply at a later date for a 
change to the type certificate to include another model incorporating 
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 of airplane. It is not a rule of general applicability.

List of Subjects in 14 CFR Part 23

    Aircraft, Aviation safety, Signs and symbols.


0
The authority citation for these special conditions is as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701, 44702, 44704.

The Proposed Special Conditions

0
Accordingly, the Federal Aviation Administration (FAA) proposes the 
following special conditions as part of the type certification basis 
for Kestrel Aircraft Company, Model K-350 Turboprop airplanes.
    1. Kestrel Aircraft Company, Model K-350 Turboprop, Lithium 
Batteries.
    The FAA proposes special conditions that adopt the following 
requirements:
    (a) The flammable fluid fire protection requirement is Sec.  
23.863. In the past, this rule was not applied to batteries of normal, 
utility, acrobatic, and commuter category airplanes since the 
electrolytes utilized in lead-acid batteries and nickel-cadmium 
batteries are not flammable.
    (b) New Instructions for Continuous Airworthiness that include 
maintenance requirements to ensure that batteries used as spares have 
been maintained in an appropriate state of charge and installed lithium 
batteries have been sufficiently charged at appropriate intervals. 
These instructions must also describe proper repairs, if allowed, and 
battery part number configuration control.
    (c) The applicant must conduct a system safety assessment for the 
failure condition classification of a failure of the battery charging 
and monitoring functionality (per Advisory Circular 23.1309-1E), and 
develop mitigation to preclude any adverse safety effects. Mitigation 
may include software, Airborne Electronic Hardware (AEH) or a 
combination of software and hardware, which should be developed to the 
appropriate Design Assurance Level(s) (DALs), respectively (per 
Advisory Circular 20-115C and Advisory Circular 20-152).
    (d) New requirements, listed in paragraph (e), address the hazards 
of overcharging and over-discharging that are unique to lithium 
batteries, which should be applied to all rechargeable lithium battery 
and battery installations on the Model K-350 airplane in lieu of the 
requirements of Sec.  23.1353(a)(b)(c)(d)(e), amendment 23-62.
    Note 1: These special conditions are not intended to replace Sec.  
23.1353(a)(b)(c)(d)(e) at amendment 23-62 in the certification basis of 
airplane K-350 series airplanes. These special conditions apply only to 
rechargeable lithium batteries and lithium battery systems and their 
installations. The requirements of Sec.  25.1353 at amendment 23-62 
remains in effect for batteries and battery installations on K-350 
series that do not use newly technologically developed batteries.
    (e) Rechargeable lithium batteries and battery installations on the 
Model K-350 airplane must be designed and installed as follows:
    (1) Safe cell temperatures and pressures must be maintained 
during--
    i. Normal operations;
    ii. Any probable failure conditions of charging or discharging or 
battery monitoring system;
    iii. Any failure of the charging or battery monitoring system not 
shown to be extremely remote.
    (2) The rechargeable lithium battery installation must be designed 
to preclude explosion or fire in the event of (e)(1)(ii) and 
(e)(1)(iii) failures.
    (3) Design of the rechargeable lithium batteries must preclude the 
occurrence of self-sustaining, uncontrolled increases in temperature or 
pressure.
    (4) No explosive or toxic gasses emitted by any rechargeable 
lithium battery in normal operation or as the result of any failure of 
the battery charging system, monitoring system, or battery installation 
which is not shown to be extremely remote, may accumulate in hazardous 
quantities within the airplane.
    (5) Installations of rechargeable lithium batteries must meet the 
requirements of Sec.  23.863(a) through (d) at amendment 23-34.
    (6) No corrosive fluids or gases that may escape from any 
rechargeable lithium battery may damage surrounding structure or any 
adjacent systems, equipment, electrical wiring, or the airplane in such 
a way as to cause a major or more severe failure condition, in 
accordance with Sec.  23.1309(c) at amendment 23-62 and applicable 
regulatory guidance.
    (7) Each rechargeable lithium battery installation must have 
provisions 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.
    (8) Rechargeable lithium battery installations must have--
    i. A system to automatically control the charging rate of the 
battery to prevent battery overheating and overcharging, or;
    ii. A battery temperature sensing and over-temperature warning 
system with a means for automatically disconnecting the battery from 
its charging source in the event of an over-temperature condition, or;
    iii. A battery failure sensing and warning system with a means for 
automatically disconnecting the battery from its charging source in the 
event of battery failure.
    (9) Any rechargeable lithium battery installation functionally 
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 (SOC) of 
the batteries has fallen below levels considered acceptable for 
dispatch of the airplane.
    (10) The Instructions for Continued Airworthiness required by Sec.  
23.1529 at amendment 23-26 must contain maintenance requirements to 
assure that the battery has been sufficiently charged at appropriate 
intervals specified by the battery manufacturer and the equipment 
manufacturer that contain the rechargeable lithium battery or 
rechargeable lithium battery system. This is required to ensure that 
lithium rechargeable batteries and lithium rechargeable battery systems 
will not degrade below specified ampere-hour

[[Page 68284]]

levels sufficient to power the aircraft system. The Instructions for 
Continued Airworthiness must also contain procedures for the 
maintenance of replacement batteries in spares storage to prevent the 
installation of batteries that have degraded charge retention ability 
or other damage due to prolonged storage at a low state of charge. 
Replacement batteries must be of the same manufacturer and part number 
as approved by the FAA.
    Note 2: 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.
    (11) In showing compliance with the proposed special conditions 
herein, paragraphs (e)(1) through (e)(8), and the RTCA document, 
Minimum Operational Performance Standards for Rechargeable Lithium 
Battery Systems, DO-311, may be used. The list of planned DO-311 tests 
should be documented in the certification or compliance plan and agreed 
to by the CACO. Alternate methods of compliance other than DO-311 tests 
must be coordinated with the directorate and CACO.

    Issued in Kansas City, Missouri, on October 28, 2015.
Robert Busto,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2015-28125 Filed 11-3-15; 8:45 am]
 BILLING CODE 4910-13-P



                                                                    Federal Register / Vol. 80, No. 213 / Wednesday, November 4, 2015 / Proposed Rules                                               68281

                                                                   TABLE A—LAMP-AND-BALLAST PAIRINGS AND FREQUENCY ADJUSTMENT FACTORS—Continued
                                                                                                                                Lamp type                                Frequency adjustment factor (b)
                                                                    Ballast type                                                                   Nominal lamp
                                                                                                               Lamp diameter and base                                   Low-frequency       High-frequency
                                                                                                                                                     wattage

                                                 Ballasts that operate straight-shaped lamps             T5 SO Mini-BP (Data             Sheet                 28                  0.95                    1.0
                                                   (commonly referred to as 4-foot miniature               60081–IEC–6640–5) *.
                                                   bipin standard output lamps) with miniature
                                                   bipin bases and a nominal length between
                                                   45 and 48 inches.
                                                 Ballasts that operate straight-shaped lamps             T5 HO Mini-BP (Data             Sheet                 54                  0.95                    1.0
                                                   (commonly referred to as 4-foot miniature               60081–IEC–6840–4) *.
                                                   bipin high output lamps) with miniature bipin
                                                   bases and a nominal length between 45
                                                   and 48 inches.
                                                 Sign ballasts that operate rapid-start lamps            T8 HO RDC (Data Sheet 7881–                           86                  0.92                    1.0
                                                   (commonly referred to as 8-foot high output             ANSI–1501–1) *.
                                                   lamps) with recessed double contact bases
                                                   and a nominal overall length of 96 inches.
                                                                                                         T12 HO RDC (Data Sheet 7881–                       110 †                  0.94                    1.0
                                                                                                           ANSI–1019–1) *.
                                                   MBP, Mini-BP, RDC, and SP represent medium bipin, miniature bipin, recessed double contact, and single pin, respectively.
                                                   A ballast must be tested with only one lamp type based on the ballast type description and lamp diameter it is designed and marketed to oper-
                                                 ate.
                                                    * Data Sheet corresponds to ANSI C78.81, ANSI C78.901, or IEC 60081 page number (incorporated by reference; see § 430.3).
                                                    ** No ANSI or IEC Data Sheet exists for 34 W T12 MBP U-shaped lamps. For ballasts designed to operate only T12 2-foot U-shaped lamps
                                                 with MBP bases and a nominal overall length between 22 and 25 inches, manufacturers should select a T12 U-shaped lamp designed and mar-
                                                 keted as having a nominal wattage of 34 W.
                                                   † Lamp type is commonly marketed as 110 W, however the ANSI C78.81 Data Sheet (incorporated by reference; see § 430.3) lists nominal
                                                 wattage of 113 W. Specifications for operation at 0.800 amperes (A) should be used for testing.


                                                 *      *     *       *      *                           DATES:  Send your comments on or                      on April 11, 2000 (65 FR 19477–19478),
                                                 [FR Doc. 2015–28077 Filed 11–3–15; 8:45 am]             before December 21, 2015.                             as well as at http://DocketsInfo.dot.gov.
                                                 BILLING CODE 6450–01–P                                  ADDRESSES: Send comments identified                     Docket: Background documents or
                                                                                                         by docket number FAA–2015–5034                        comments received may be read at
                                                                                                         using any of the following methods:                   http://www.regulations.gov at any time.
                                                 DEPARTMENT OF TRANSPORTATION                              b Federal eRegulations Portal: Go to                Follow the online instructions for
                                                                                                         http://www.regulations.gov and follow                 accessing the docket or go to the Docket
                                                 Federal Aviation Administration                         the online instructions for sending your              Operations in Room W12–140 of the
                                                                                                         comments electronically.                              West Building Ground Floor at 1200
                                                 14 CFR Part 23                                            b Mail: Send comments to Docket                     New Jersey Avenue SE., Washington,
                                                                                                         Operations, M–30, U.S. Department of                  DC, between 9 a.m., and 5 p.m., Monday
                                                 [Docket No. FAA–2015–5034; Notice No. 23–               Transportation (DOT), 1200 New Jersey                 through Friday, except Federal holidays.
                                                 15–01–SC]
                                                                                                         Avenue SE., Room W12–140, West                        FOR FURTHER INFORMATION CONTACT:
                                                 Special Conditions: Kestrel Aircraft                    Building Ground Floor, Washington, DC                 Ruth Hirt, Federal Aviation
                                                 Company, Model K–350 Turboprop,                         20590–0001.                                           Administration, Small Airplane
                                                 Lithium Batteries                                         b Hand Delivery or Courier: Take                    Directorate, Aircraft Certification
                                                                                                         comments to Docket Operations in                      Service, 901 Locust; Kansas City,
                                                 AGENCY: Federal Aviation                                Room W12–140 of the West Building                     Missouri 64106; telephone (816) 329–
                                                 Administration (FAA), DOT.                              Ground Floor at 1200 New Jersey                       4108; facsimile (816) 329–4090.
                                                 ACTION: Notice of proposed special                      Avenue SE., Washington, DC, between 9                 SUPPLEMENTARY INFORMATION:
                                                 conditions.                                             a.m., and 5 p.m., Monday through
                                                                                                         Friday, except Federal holidays.                      Comments Invited
                                                 SUMMARY:   This action proposes special                   b Fax: Fax comments to Docket                          We invite interested people to take
                                                 conditions for the Kestrel Aircraft                     Operations at 202–493–2251.                           part in this rulemaking by sending
                                                 Company, Model K–350 Turboprop                            Privacy: The FAA will post all                      written comments, data, or views. The
                                                 airplane. This airplane will have a novel               comments it receives, without change,                 most helpful comments reference a
                                                 or unusual design feature associated                    to http://regulations.gov, including any              specific portion of the special
                                                 with the installation of a rechargeable                 personal information the commenter                    conditions, explain the reason for any
                                                 lithium battery. The applicable                         provides. Using the search function of                recommended change, and include
                                                 airworthiness regulations do not contain                the docket Web site, anyone can find                  supporting data. We ask that you send
rmajette on DSK7SPTVN1PROD with PROPOSALS




                                                 adequate or appropriate safety standards                and read the electronic form of all                   us two copies of written comments.
                                                 for this design feature. These proposed                 comments received into any FAA                           We will consider all comments we
                                                 special conditions contain the                          docket, including the name of the                     receive on or before the closing date for
                                                 additional safety standards that the                    individual sending the comment (or                    comments. We will consider comments
                                                 Administrator considers necessary to                    signing the comment for an association,               filed late if it is possible to do so
                                                 establish a level of safety equivalent to               business, labor union, etc.). DOT’s                   without incurring expense or delay. We
                                                 that established by the existing                        complete Privacy Act Statement can be                 may change these special conditions
                                                 airworthiness standards.                                found in the Federal Register published               based on the comments we receive.


                                            VerDate Sep<11>2014   17:23 Nov 03, 2015   Jkt 238001   PO 00000   Frm 00014   Fmt 4702   Sfmt 4702   E:\FR\FM\04NOP1.SGM   04NOP1


                                                 68282              Federal Register / Vol. 80, No. 213 / Wednesday, November 4, 2015 / Proposed Rules

                                                 Background                                              Type Certification Basis                              Continuous Airworthiness which
                                                   On November 22, 2011, Kestrel                            Under the provisions of 14 CFR 21.17,              include maintenance requirements are
                                                 Aircraft Company applied for a type                     Kestrel Aircraft Company must show                    established to ensure the availability of
                                                 certificate for their new Model K–350.                  that the K–350 meets the applicable                   electrical power from the batteries when
                                                 The Kestrel Aircraft Company Model K–                   provisions of part 23, as amended by                  needed.
                                                                                                                                                                  As previously mentioned, Kestrel
                                                 350 is a single-engine turboprop                        amendments 23–1 through 23–62
                                                                                                                                                               Aircraft Company proposes to utilize a
                                                 airplane with the primary structure                     thereto.
                                                                                                                                                               rechargeable lithium Main Battery on
                                                 constructed largely of carbon and epoxy                    If the Administrator finds that the                their new Model K–350 turboprop
                                                 composite material. The turboprop                       applicable airworthiness regulations                  airplane. At the Kestrel Preliminary
                                                 engine will be a Honeywell Model                        (i.e., 14 CFR part 23) do not contain                 Type Certification Board Meeting it was
                                                 TPE331–14GR–801KT that is integrated                    adequate or appropriate safety standards              brought to the attention of the FAA that
                                                 with a Hartzell 4 bladed, 110-inch                      for the K–350 because of a novel or                   the Lithium battery used in the K–350
                                                 carbon composite propeller. The                         unusual design feature, special                       will be qualified to RTCA standards
                                                 standard seating configuration offers a                 conditions are prescribed under the                   DO–311, titled Minimum Operational
                                                 one plus five cabin (one pilot and five                 provisions of § 21.16.                                Performance Standards for Rechargeable
                                                 passengers). Alternate interior                            Special conditions are initially                   Lithium Battery Systems. Additionally,
                                                 configurations will be available from                   applicable to the model for which they                on July 18, 2013, Kestrel advised the
                                                 two seats (cargo configuration) up to                   are issued. Should the type certificate               Civil Aviation Contingency Operations
                                                 eight seats total. The K–350 will                       for that model be amended later to                    (CACO) that the battery will have
                                                 incorporate an integrated avionics                      include any other model that                          Technical Standard Order Authorization
                                                 system, retractable landing gear, and a                 incorporates the same or similar novel                for TSO C–179a, titled Permanently
                                                 conventional tail configuration.                        or unusual design feature, the special                Installed Rechargeable Lithium Cells,
                                                   Specifications expected for the K–350                 conditions would also apply to the other              Batteries and Battery Systems. Finally,
                                                 include the following:                                  model under § 21.101.                                 Kestrel plans to use the same
                                                 • Maximum altitude: 31,000 Feet                            In addition to the applicable                      manufacturer for both the lithium
                                                 • Maximum cruise speed: 320 Knots                       airworthiness regulations and special                 battery and the battery controller.
                                                   True Air Speed                                        conditions, the K–350 must comply                        Presently, there is limited experience
                                                 • Maximum takeoff weight: 8,900                         with the fuel vent and exhaust emission               with use of rechargeable lithium
                                                   Pounds                                                requirements of 14 CFR part 34 and the                batteries in applications involving
                                                 • Maximum economy cruise: 1,200                         noise certification requirements of 14                commercial aviation. However, other
                                                   Nautical Miles                                        CFR part 36, and the FAA must issue a                 users of this technology, ranging from
                                                   The K–350 will be certified for single-               finding of regulatory adequacy under                  wireless telephone manufacturers to the
                                                 pilot operations under part 91 and part                 § 611 of Public Law 92–574, the Noise                 electric vehicle industry, have noted
                                                 135 operating rules. The following                      Control Act of 1972.                                  safety problems with lithium batteries.
                                                 operating conditions will be included:                     The FAA issues special conditions, as              These problems include overcharging,
                                                 • Day and Night Visual Flight Rules                     defined in 14 CFR 11.19, in accordance                over-discharging, and flammability of
                                                 • Instrument Flight Rules                               with § 11.38, and they become part of                 cell components, described in the
                                                 • Flight Into Known Icing (Phase B                      the type-certification basis under                    following:
                                                   certification)                                        § 21.17(a)(2).                                           1. Overcharging: In general, lithium
                                                                                                                                                               batteries are significantly more
                                                    Kestrel Aircraft Company proposes to                 Novel or Unusual Design Features
                                                                                                                                                               susceptible to internal failures that can
                                                 utilize a rechargeable lithium Main                        The K–350 will incorporate the                     result in self-sustaining increases in
                                                 Battery on their new Model K–350                        following novel or unusual design                     temperature and pressure (i.e., thermal
                                                 turboprop airplane. The current                         feature: Installation of a rechargeable               runaway) than the nickel-cadmium or
                                                 regulatory requirements for part 23                     lithium battery as the Main or Engine                 lead-acid counterparts. This is
                                                 airplanes do not contain adequate                       Start aircraft battery.                               especially true for overcharging which
                                                 requirements for the application of                                                                           causes heating and destabilization of the
                                                 rechargeable lithium batteries in                       Discussion
                                                                                                                                                               components of the cell, leading to the
                                                 airborne applications. This type of                        The current regulatory requirements                formation (by plating) of highly unstable
                                                 battery possesses certain failure and                   for part 23 airplanes do not contain                  metallic lithium. The metallic lithium
                                                 operational characteristics with                        adequate requirements for the                         may ignite, resulting in a fire or
                                                 maintenance requirements that differ                    application of rechargeable lithium                   explosion. Finally, the severity of
                                                 significantly from that of the nickel                   batteries in electrical system design.                thermal runaway due to overcharging
                                                 cadmium and lead acid rechargeable                      This type of battery possesses certain                increases with increasing battery
                                                 batteries currently approved in other                   failures with operational characteristics             capacity and physical size.
                                                 normal, utility, acrobatic, and commuter                and maintenance requirements that                        2. Over-discharging: Discharge of
                                                 category airplanes. Therefore, the FAA                  differ significantly from that of the                 some types of lithium battery cells
                                                 is proposing this special condition to                  nickel cadmium and lead acid                          beyond a certain voltage (typically 2.4
                                                 require that (1) all characteristics of the             rechargeable batteries currently                      volts) can cause corrosion of the
                                                 rechargeable lithium batteries and their                approved in other normal, utility,                    electrodes of the cell, resulting in loss
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                                                 installation that could affect safe                     acrobatic, and commuter category                      of battery capacity that cannot be
                                                 operation of the K–350 are addressed,                   airplanes. Therefore, the FAA is                      reversed by recharging. This loss of
                                                 and (2) appropriate Instructions for                    proposing this special condition to                   capacity may not be detected by the
                                                 Continued Airworthiness that include                    require that (1) all characteristics of the           simple voltage measurements
                                                 maintenance requirements are                            rechargeable lithium batteries and their              commonly available to flight crews as a
                                                 established to ensure the availability of               installation that could affect safe                   means of checking battery status, which
                                                 electrical power from the batteries when                operation of the K–350 are addressed,                 is a problem shared with nickel-
                                                 needed.                                                 and (2) appropriate Instructions for                  cadmium batteries.


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                                                                    Federal Register / Vol. 80, No. 213 / Wednesday, November 4, 2015 / Proposed Rules                                          68283

                                                    3. Flammability of Cell Components:                  installed lithium batteries have been                 result of any failure of the battery
                                                 Unlike nickel-cadmium and lead-acid                     sufficiently charged at appropriate                   charging system, monitoring system, or
                                                 batteries, some types of lithium batteries              intervals. These instructions must also               battery installation which is not shown
                                                 use liquid electrolytes that are                        describe proper repairs, if allowed, and              to be extremely remote, may accumulate
                                                 flammable. The electrolyte may serve as                 battery part number configuration                     in hazardous quantities within the
                                                 a source of fuel for an external fire, if               control.                                              airplane.
                                                 there is a breach of the battery                           (c) The applicant must conduct a                      (5) Installations of rechargeable
                                                 container.                                              system safety assessment for the failure              lithium batteries must meet the
                                                    These problems experienced by users                  condition classification of a failure of              requirements of § 23.863(a) through (d)
                                                 of lithium batteries raise concern about                the battery charging and monitoring                   at amendment 23–34.
                                                 the use of these batteries in commercial                functionality (per Advisory Circular                     (6) No corrosive fluids or gases that
                                                 aviation. The intent of the proposed                    23.1309–1E), and develop mitigation to                may escape from any rechargeable
                                                 special condition is to establish                       preclude any adverse safety effects.                  lithium battery may damage
                                                 appropriate airworthiness standards for                 Mitigation may include software,                      surrounding structure or any adjacent
                                                 lithium battery installations in the K–                 Airborne Electronic Hardware (AEH) or                 systems, equipment, electrical wiring, or
                                                 350 and to ensure, as required by                       a combination of software and                         the airplane in such a way as to cause
                                                 §§ 23.1309 and 23.601, that these battery               hardware, which should be developed                   a major or more severe failure condition,
                                                 installations are not hazardous or                      to the appropriate Design Assurance                   in accordance with § 23.1309(c) at
                                                 unreliable.                                             Level(s) (DALs), respectively (per                    amendment 23–62 and applicable
                                                                                                         Advisory Circular 20–115C and                         regulatory guidance.
                                                 Applicability                                           Advisory Circular 20–152).                               (7) Each rechargeable lithium battery
                                                    As previously discussed, these special                  (d) New requirements, listed in                    installation must have provisions to
                                                 conditions are applicable to the K–350.                 paragraph (e), address the hazards of                 prevent any hazardous effect on
                                                 Should Kestrel Aircraft Company apply                   overcharging and over-discharging that                structure or essential systems that may
                                                 at a later date for a change to the type                are unique to lithium batteries, which                be caused by the maximum amount of
                                                 certificate to include another model                    should be applied to all rechargeable                 heat the battery can generate during a
                                                 incorporating the same novel or unusual                 lithium battery and battery installations             short circuit of the battery or of its
                                                 design feature, the special conditions                  on the Model K–350 airplane in lieu of                individual cells.
                                                 would apply to that model as well.                      the requirements of                                      (8) Rechargeable lithium battery
                                                                                                         § 23.1353(a)(b)(c)(d)(e), amendment 23–               installations must have—
                                                 Conclusion                                              62.                                                      i. A system to automatically control
                                                   This action affects only certain novel                   Note 1: These special conditions are               the charging rate of the battery to
                                                 or unusual design features on one model                 not intended to replace                               prevent battery overheating and
                                                 of airplane. It is not a rule of general                § 23.1353(a)(b)(c)(d)(e) at amendment                 overcharging, or;
                                                 applicability.                                          23–62 in the certification basis of                      ii. A battery temperature sensing and
                                                                                                         airplane K–350 series airplanes. These                over-temperature warning system with a
                                                 List of Subjects in 14 CFR Part 23                                                                            means for automatically disconnecting
                                                                                                         special conditions apply only to
                                                   Aircraft, Aviation safety, Signs and                  rechargeable lithium batteries and                    the battery from its charging source in
                                                 symbols.                                                lithium battery systems and their                     the event of an over-temperature
                                                                                                         installations. The requirements of                    condition, or;
                                                 ■ The authority citation for these                                                                               iii. A battery failure sensing and
                                                 special conditions is as follows:                       § 25.1353 at amendment 23–62 remains
                                                                                                         in effect for batteries and battery                   warning system with a means for
                                                   Authority: 49 U.S.C. 106(g), 40113, 44701,            installations on K–350 series that do not             automatically disconnecting the battery
                                                 44702, 44704.
                                                                                                         use newly technologically developed                   from its charging source in the event of
                                                                                                         batteries.                                            battery failure.
                                                 The Proposed Special Conditions
                                                                                                            (e) Rechargeable lithium batteries and                (9) Any rechargeable lithium battery
                                                 ■  Accordingly, the Federal Aviation                                                                          installation functionally required for
                                                                                                         battery installations on the Model K–
                                                 Administration (FAA) proposes the                                                                             safe operation of the airplane must
                                                                                                         350 airplane must be designed and
                                                 following special conditions as part of                                                                       incorporate a monitoring and warning
                                                                                                         installed as follows:
                                                 the type certification basis for Kestrel                   (1) Safe cell temperatures and                     feature that will provide an indication
                                                 Aircraft Company, Model K–350                           pressures must be maintained during—                  to the appropriate flight crewmembers
                                                 Turboprop airplanes.                                       i. Normal operations;                              whenever the State of Charge (SOC) of
                                                    1. Kestrel Aircraft Company, Model                      ii. Any probable failure conditions of             the batteries has fallen below levels
                                                 K–350 Turboprop, Lithium Batteries.                     charging or discharging or battery                    considered acceptable for dispatch of
                                                    The FAA proposes special conditions                  monitoring system;                                    the airplane.
                                                 that adopt the following requirements:                     iii. Any failure of the charging or                   (10) The Instructions for Continued
                                                    (a) The flammable fluid fire protection              battery monitoring system not shown to                Airworthiness required by § 23.1529 at
                                                 requirement is § 23.863. In the past, this              be extremely remote.                                  amendment 23–26 must contain
                                                 rule was not applied to batteries of                       (2) The rechargeable lithium battery               maintenance requirements to assure that
                                                 normal, utility, acrobatic, and commuter                installation must be designed to                      the battery has been sufficiently charged
                                                 category airplanes since the electrolytes               preclude explosion or fire in the event               at appropriate intervals specified by the
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                                                 utilized in lead-acid batteries and                     of (e)(1)(ii) and (e)(1)(iii) failures.               battery manufacturer and the equipment
                                                 nickel-cadmium batteries are not                           (3) Design of the rechargeable lithium             manufacturer that contain the
                                                 flammable.                                              batteries must preclude the occurrence                rechargeable lithium battery or
                                                    (b) New Instructions for Continuous                  of self-sustaining, uncontrolled                      rechargeable lithium battery system.
                                                 Airworthiness that include maintenance                  increases in temperature or pressure.                 This is required to ensure that lithium
                                                 requirements to ensure that batteries                      (4) No explosive or toxic gasses                   rechargeable batteries and lithium
                                                 used as spares have been maintained in                  emitted by any rechargeable lithium                   rechargeable battery systems will not
                                                 an appropriate state of charge and                      battery in normal operation or as the                 degrade below specified ampere-hour


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                                                 68284              Federal Register / Vol. 80, No. 213 / Wednesday, November 4, 2015 / Proposed Rules

                                                 levels sufficient to power the aircraft                 of operational data that determined                   Engine Certification Office, FAA, Engine
                                                 system. The Instructions for Continued                  certain RR RB211–535E4–37 engines                     & Propeller Directorate, 12 New England
                                                 Airworthiness must also contain                         have been operated to a more severe                   Executive Park, Burlington, MA 01803;
                                                 procedures for the maintenance of                       flight profile than is consistent with the            phone: 781–238–7754; fax: 781–238–
                                                 replacement batteries in spares storage                 flight profile used to establish the cyclic           7199; email: robert.green@faa.gov.
                                                 to prevent the installation of batteries                life limits for the rotating parts. This              SUPPLEMENTARY INFORMATION:
                                                 that have degraded charge retention                     proposed AD would require
                                                 ability or other damage due to                          recalculating the cyclic life for certain             Comments Invited
                                                 prolonged storage at a low state of                     engine life-limited rotating parts and                  We invite you to send any written
                                                 charge. Replacement batteries must be                   removing those parts that have exceeded               relevant data, views, or arguments about
                                                 of the same manufacturer and part                       their cyclic life limit within specified              this proposed AD. Send your comments
                                                 number as approved by the FAA.                          compliance times. We are proposing                    to an address listed under the
                                                   Note 2: The term ‘‘sufficiently                       this AD to prevent failure of life-limited            ADDRESSES section. Include ‘‘Docket No.
                                                 charged’’ means that the battery will                   rotating parts, which could result in                 FAA–2015–3778; Directorate Identifier
                                                 retain enough of a charge, expressed in                 uncontained parts release, damage to                  2015–NE–27–AD’’ at the beginning of
                                                 ampere-hours, to ensure that the battery                the engine, and damage to the airplane.               your comments. We specifically invite
                                                 cells will not be damaged. A battery cell               DATES: We must receive comments on                    comments on the overall regulatory,
                                                 may be damaged by lowering the charge                   this proposed AD by December 4, 2015.                 economic, environmental, and energy
                                                 below a point where there is a reduction                ADDRESSES: You may send comments by                   aspects of this proposed AD. We will
                                                 in the ability to charge and retain a full              any of the following methods:                         consider all comments received by the
                                                 charge. This reduction would be greater                    • Federal eRulemaking Portal: Go to                closing date and may amend this
                                                 than the reduction that may result from                 http://www.regulations.gov. Follow the                proposed AD based on those comments.
                                                 normal operational degradation.                         instructions for submitting comments.                   We will post all comments we
                                                   (11) In showing compliance with the                      • Mail: Docket Management Facility,                receive, without change, to http://
                                                 proposed special conditions herein,                     U.S. Department of Transportation, 1200               www.regulations.gov, including any
                                                 paragraphs (e)(1) through (e)(8), and the               New Jersey Avenue SE., West Building                  personal information you provide. We
                                                 RTCA document, Minimum Operational                      Ground Floor, Room W12–140,                           will also post a report summarizing each
                                                 Performance Standards for Rechargeable                  Washington, DC 20590–0001.                            substantive verbal contact with FAA
                                                 Lithium Battery Systems, DO–311, may                       • Hand Delivery: Deliver to Mail                   personnel concerning this proposed AD.
                                                 be used. The list of planned DO–311                     address above between 9 a.m. and 5
                                                                                                         p.m., Monday through Friday, except                   Discussion
                                                 tests should be documented in the
                                                 certification or compliance plan and                    Federal holidays.                                       The European Aviation Safety Agency
                                                 agreed to by the CACO. Alternate                           • Fax: 202–493–2251.                               (EASA), which is the Technical Agent
                                                 methods of compliance other than DO–                       For service information identified in              for the Member States of the European
                                                 311 tests must be coordinated with the                  this proposed AD, contact Rolls-Royce                 Community, has issued EASA AD 2015–
                                                 directorate and CACO.                                   plc, Corporate Communications, P.O.                   0148, dated July 23, 2015 (corrected July
                                                                                                         Box 31, Derby, England, DE24 8BJ;                     24, 2015), referred to hereinafter as ‘‘the
                                                   Issued in Kansas City, Missouri, on                   phone: 011–44–1332–242424; fax: 011–                  MCAI’’, to correct an unsafe condition
                                                 October 28, 2015.                                       44–1332–249936; email: http://                        for the specified products. The MCAI
                                                 Robert Busto,                                           www.rolls-royce.com/contact/civil_                    states:
                                                 Acting Manager, Small Airplane Directorate,             team.jsp; Internet: https://
                                                 Aircraft Certification Service.                                                                                 A review of operational flight data has
                                                                                                         customers.rolls-royce.com/public/                     revealed that some RB211–535 engines may
                                                 [FR Doc. 2015–28125 Filed 11–3–15; 8:45 am]             rollsroycecare. You may view this                     have been operated beyond the flight profile
                                                 BILLING CODE 4910–13–P                                  service information at the FAA, Engine                (FP) assumed by the operator when
                                                                                                         & Propeller Directorate, 12 New England               establishing the operational limits (life
                                                                                                         Executive Park, Burlington, MA. For                   limits) within which the corresponding
                                                 DEPARTMENT OF TRANSPORTATION                            information on the availability of this               critical parts are allowed to remain installed.
                                                                                                         material at the FAA, call 781–238–7125.                 This condition, if not corrected, may lead
                                                 Federal Aviation Administration                                                                               to critical part failure, possibly resulting in
                                                                                                         Examining the AD Docket                               release of high energy debris, damage to the
                                                 14 CFR Part 39                                            You may examine the AD docket on                    aeroplane and/or injury to the occupants.

                                                 [Docket No. FAA–2015–3778; Directorate                  the Internet at http://                                 To preclude failure of an engine life-
                                                 Identifier 2015–NE–27–AD]                               www.regulations.gov by searching for                  limited part, the MCAI specifies, and
                                                                                                         and locating Docket No. FAA–2015–                     this proposed AD would require,
                                                 RIN 2120–AA64                                           3778; or in person at the Docket                      recalculating the cyclic life for certain
                                                                                                         Operations office between 9 a.m. and 5                parts, and removing from service those
                                                 Airworthiness Directives; Rolls-Royce
                                                                                                         p.m., Monday through Friday, except                   parts that have exceeded their cyclic life
                                                 plc Turbofan Engines
                                                                                                         Federal holidays. The AD docket                       limit within specified compliance times.
                                                 AGENCY: Federal Aviation                                contains this proposed AD, the                        This proposed AD would establish a
                                                 Administration (FAA), DOT.                              mandatory continuing airworthiness                    new default Flight Profile G for RB211–
                                                 ACTION: Notice of proposed rulemaking                   information (MCAI), the regulatory                    535E4–37 engine life-limited parts. If,
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                                                 (NPRM).                                                 evaluation, any comments received, and                however, operators meet the
                                                                                                         other information. The address for the                requirements of Appendix 6 of RR Alert
                                                 SUMMARY:  We propose to adopt a new                     Docket Office (phone: 800–647–5527) is                Non-Modification Service Bulletin
                                                 airworthiness directive (AD) for all                    in the ADDRESSES section. Comments                    (NMSB) No. RB.211–72–AH972,
                                                 Rolls-Royce plc (RR) RB211–535E4–37,                    will be available in the AD docket                    Revision 3, dated August 28, 2015, they
                                                 RB211–535E4–B–37, and RB211–                            shortly after receipt.                                may operate to Flight Profile A or B.
                                                 535E4–C–37 turbofan engines. This                       FOR FURTHER INFORMATION CONTACT:                      You may obtain further information by
                                                 proposed AD was prompted by a review                    Robert Green, Aerospace Engineer,                     examining the MCAI in the AD docket


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Document Created: 2018-03-01 11:27:39
Document Modified: 2018-03-01 11:27:39
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed special conditions.
DatesSend your comments on or before December 21, 2015.
ContactRuth Hirt, Federal Aviation Administration, Small Airplane Directorate, Aircraft Certification Service, 901 Locust; Kansas City, Missouri 64106; telephone (816) 329- 4108; facsimile (816) 329-4090.
FR Citation80 FR 68281 
CFR AssociatedAircraft; Aviation Safety and Signs and Symbols

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