81_FR_43597 81 FR 43469 - Special Conditions: Kestrel Aircraft Company, Model K-350 Turboprop, Lithium Batteries

81 FR 43469 - Special Conditions: Kestrel Aircraft Company, Model K-350 Turboprop, Lithium Batteries

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 81, Issue 128 (July 5, 2016)

Page Range43469-43471
FR Document2016-15765

These special conditions are issued 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 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 81 Issue 128 (Tuesday, July 5, 2016)
[Federal Register Volume 81, Number 128 (Tuesday, July 5, 2016)]
[Rules and Regulations]
[Pages 43469-43471]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-15765]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 23

[Docket No. FAA-2015-5034; Special Conditions No. 23-273-SC]


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions.

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

SUMMARY: These special conditions are issued 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 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: These special conditions are effective July 5, 2016 and are 
applicable on June 23, 2016.

FOR FURTHER INFORMATION CONTACT: Ruth Hirt, Federal Aviation 
Administration, Small Airplane Directorate, Aircraft Certification 
Service, Programs and Procedures Branch, ACE-114, 901 Locust, Room 301, 
Kansas City, MO 64106; telephone (816) 329-4108, facsimile (816) 329-
4090.

SUPPLEMENTARY INFORMATION:

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 plans 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 (Ni-Cd) and lead-
acid rechargeable batteries currently approved in other normal, 
utility, acrobatic, and commuter category airplanes. Therefore, the FAA 
is issuing 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

[[Page 43470]]

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 Ni-Cd and lead-acid rechargeable 
batteries currently approved in other normal, utility, acrobatic, and 
commuter category airplanes. Therefore, the FAA is issuing 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 plans 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-C179a,\1\ 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.
---------------------------------------------------------------------------

    \1\ http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgTSO.nsf/0/A3B77A692AE3FF9386257885004B079C?OpenDocument.
---------------------------------------------------------------------------

    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 Ni-Cd 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 Ni-Cd batteries.
    3. Flammability of Cell Components: Unlike Ni-Cd 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 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 neither hazardous nor unreliable.
    In showing compliance with the special conditions herein, 
paragraphs (a)(1) through (a)(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.

Discussion of Comments

    Notice of proposed special conditions No. 23-15-01-SC \2\ for the 
Kestrel Aircraft Company Model K-350 Turboprop airplanes was published 
in the Federal Register on November 4, 2015 (80 FR 68281). No comments 
were received, and the special conditions are adopted as proposed.
---------------------------------------------------------------------------

    \2\ https://www.regulations.gov/#!documentDetail;D=FAA-2015-
5034-0001.
---------------------------------------------------------------------------

Applicability

    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 
Model K-350 airplanes. These special conditions apply only to 
rechargeable lithium batteries and lithium battery systems and their 
installations. The requirements of Sec.  23.1353 at amendment 23-62 
remains in effect for batteries and battery installations on K-350 
series that do not use newly technologically developed batteries.
    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.
    Under standard practice, the effective date of final special 
conditions would be 30 days after the date of publication in the 
Federal Register; however, as the certification date for the Kestrel 
Aircraft Company Model K-350 Turboprop airplane is imminent, the FAA 
finds that good cause exists to make these special conditions effective 
upon issuance.

Conclusion

    This action affects only certain novel or unusual design features 
on one model of airplane. It is not a rule of general applicability and 
it affects only the applicant who applied to the FAA for approval of 
these features on the airplane.

List of Subjects in 14 CFR Part 23

    Aircraft, Aviation safety, Signs and symbols.

Citation

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

    Authority: 49 U.S.C. 106(g), 40113 and 44701; 14 CFR 21.16 and 
21.17; and 14 CFR 11.38 and 11.19.

The Special Conditions

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the following special conditions are issued as part of 
the type certification basis for Kestrel Aircraft Company, Model K-350 
Turboprop airplanes.
    1. Kestrel Aircraft Company, Model K-350 Turboprop, Lithium 
Batteries.
    The FAA issues special conditions that adopt the following 
requirements that must be applied to all rechargeable lithium battery 
and lithium battery installations in lieu of the requirements of Sec.  
23.1353(a)(b)(c)(d)(e), amendment 23-62:
    (a) Rechargeable lithium batteries and battery installations must 
be designed and installed as follows:
    (1) Safe cell temperatures and pressures must be maintained 
during--

[[Page 43471]]

    i. normal operations;
    ii. any probable failure conditions of charging or discharging or 
battery monitoring system; or
    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 
that 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;
    ii. a battery temperature sensing and over-temperature warning 
system with a means of automatically disconnecting the battery from its 
charging source in the event of an over-temperature condition; and
    iii. a battery failure sensing and warning system with a means of 
automatically disconnecting the battery from its charging source in the 
event of battery failure.
    (b) 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.
    (c) 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 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.

    Issued in Kansas City, Missouri, on June 23, 2016.
William Schinstock,
Acting Manager, Small Airplane Directorate Aircraft Certification 
Service.
[FR Doc. 2016-15765 Filed 7-1-16; 8:45 am]
BILLING CODE 4910-13-P



                                                                   Federal Register / Vol. 81, No. 128 / Tuesday, July 5, 2016 / Rules and Regulations                                         43469

                                              §§ 13.303 and 13.305       [Removed]                     equivalent to that established by the                 significantly from that of the nickel-
                                              ■   3. Remove §§ 13.303 and 13.305.                      existing airworthiness standards.                     cadmium (Ni-Cd) and lead-acid
                                                                                                       DATES: These special conditions are                   rechargeable batteries currently
                                              CHAPTER III—COMMERCIAL SPACE                                                                                   approved in other normal, utility,
                                              TRANSPORTATION, FEDERAL AVIATION
                                                                                                       effective July 5, 2016 and are applicable
                                                                                                       on June 23, 2016.                                     acrobatic, and commuter category
                                              ADMINISTRATION, DEPARTMENT OF
                                              TRANSPORTATION                                           FOR FURTHER INFORMATION CONTACT:                      airplanes. Therefore, the FAA is issuing
                                                                                                       Ruth Hirt, Federal Aviation                           this special condition to require that (1)
                                              PART 406—INVESTIGATIONS,                                 Administration, Small Airplane                        all characteristics of the rechargeable
                                              ENFORCEMENT, AND                                         Directorate, Aircraft Certification                   lithium batteries and their installation
                                              ADMINISTRATIVE REVIEW                                    Service, Programs and Procedures                      that could affect safe operation of the K–
                                                                                                       Branch, ACE–114, 901 Locust, Room                     350 are addressed, and (2) appropriate
                                              ■ 4. The authority citation for part 406                 301, Kansas City, MO 64106; telephone                 Instructions for Continued
                                              continues to read as follows:                            (816) 329–4108, facsimile (816) 329–                  Airworthiness that include maintenance
                                                  Authority: 51 U.S.C. 50901–50923.                    4090.                                                 requirements are established to ensure
                                                                                                                                                             the availability of electrical power from
                                              ■   5. Revise § 406.9(a) to read as follows:             SUPPLEMENTARY INFORMATION:                            the batteries when needed.
                                              § 406.9   Civil penalties.                               Background                                            Type Certification Basis
                                                 (a) Civil penalty liability. Under 51                   On November 22, 2011, Kestrel                          Under the provisions of 14 CFR 21.17,
                                              U.S.C. 50917(c), a person found by the                   Aircraft Company applied for a type                   Kestrel Aircraft Company must show
                                              FAA to have violated a requirement of                    certificate for their new Model K–350.                that the K–350 meets the applicable
                                              the Act, a regulation issued under the                   The Kestrel Aircraft Company Model K–                 provisions of part 23, as amended by
                                              Act, or any term or condition of a                       350 is a single-engine turboprop                      amendments 23–1 through 23–62
                                              license or permit issued or transferred                  airplane with the primary structure                   thereto.
                                              under the Act, is liable to the United                   constructed largely of carbon and epoxy                  If the Administrator finds that the
                                              States for a civil penalty of not more                   composite material. The turboprop                     applicable airworthiness regulations
                                              than $225,867 for each violation. A                      engine will be a Honeywell Model                      (i.e., 14 CFR part 23) do not contain
                                              separate violation occurs for each day                   TPE331–14GR–801KT that is integrated                  adequate or appropriate safety standards
                                              the violation continues.                                 with a Hartzell 4 bladed, 110-inch                    for the K–350 because of a novel or
                                              *      *     *     *     *                               carbon composite propeller. The                       unusual design feature, special
                                                Issued under authority provided by 28                  standard seating configuration offers a               conditions are prescribed under the
                                              U.S.C. 2461 and 49 U.S.C. 106(f), 44701(a),              one plus five cabin (one pilot and five               provisions of § 21.16.
                                              and 46301 in Washington, DC, on June 23,                 passengers). Alternate interior                          Special conditions are initially
                                              2016.                                                    configurations will be available from                 applicable to the model for which they
                                              Michael P. Huerta,                                       two seats (cargo configuration) up to                 are issued. Should the type certificate
                                              Administrator.                                           eight seats total. The K–350 will                     for that model be amended later to
                                              [FR Doc. 2016–15744 Filed 7–1–16; 8:45 am]               incorporate an integrated avionics                    include any other model that
                                              BILLING CODE 4910–13–P
                                                                                                       system, retractable landing gear, and a               incorporates the same or similar novel
                                                                                                       conventional tail configuration.                      or unusual design feature, the special
                                                                                                         Specifications expected for the K–350               conditions would also apply to the other
                                              DEPARTMENT OF TRANSPORTATION                             include the following:                                model under § 21.101.
                                                                                                       • Maximum altitude: 31,000 Feet                          In addition to the applicable
                                              Federal Aviation Administration                          • Maximum cruise speed: 320 Knots                     airworthiness regulations and special
                                                                                                         True Air Speed                                      conditions, the K–350 must comply
                                              14 CFR Part 23                                           • Maximum takeoff weight: 8,900                       with the fuel vent and exhaust emission
                                                                                                         Pounds                                              requirements of 14 CFR part 34 and the
                                              [Docket No. FAA–2015–5034; Special
                                              Conditions No. 23–273–SC]
                                                                                                       • Maximum economy cruise: 1,200                       noise certification requirements of 14
                                                                                                         Nautical Miles                                      CFR part 36, and the FAA must issue a
                                              Special Conditions: Kestrel Aircraft                       The K–350 will be certified for single-             finding of regulatory adequacy under
                                              Company, Model K–350 Turboprop,                          pilot operations under part 91 and part               § 611 of Public Law 92–574, the Noise
                                              Lithium Batteries                                        135 operating rules. The following                    Control Act of 1972.
                                                                                                       operating conditions will be included:                   The FAA issues special conditions, as
                                              AGENCY:  Federal Aviation                                                                                      defined in 14 CFR 11.19, in accordance
                                              Administration (FAA), DOT.                               • Day and Night Visual Flight Rules
                                                                                                       • Instrument Flight Rules                             with § 11.38, and they become part of
                                              ACTION: Final special conditions.                        • Flight Into Known Icing (Phase B                    the type-certification basis under
                                                                                                         certification)                                      § 21.17(a)(2).
                                              SUMMARY:   These special conditions are
                                              issued for the Kestrel Aircraft Company,                   Kestrel Aircraft Company plans to                   Novel or Unusual Design Features
                                              Model K–350 Turboprop airplane. This                     utilize a rechargeable lithium main                     The K–350 will incorporate the
                                              airplane will have a novel or unusual                    battery on their new Model K–350                      following novel or unusual design
                                              design feature associated with the                       turboprop airplane. The current                       feature:
                                              installation of a rechargeable lithium                   regulatory requirements for part 23                     Installation of a rechargeable lithium
sradovich on DSK3GDR082PROD with RULES




                                              battery. The applicable airworthiness                    airplanes do not contain adequate                     battery as the main or engine start
                                              regulations do not contain adequate or                   requirements for the application of                   aircraft battery.
                                              appropriate safety standards for this                    rechargeable lithium batteries in
                                              design feature. These special conditions                 airborne applications. This type of                   Discussion
                                              contain the additional safety standards                  battery possesses certain failure and                   The current regulatory requirements
                                              that the Administrator considers                         operational characteristics with                      for part 23 airplanes do not contain
                                              necessary to establish a level of safety                 maintenance requirements that differ                  adequate requirements for the


                                         VerDate Sep<11>2014   16:06 Jul 01, 2016   Jkt 238001   PO 00000   Frm 00007   Fmt 4700   Sfmt 4700   E:\FR\FM\05JYR1.SGM   05JYR1


                                              43470                Federal Register / Vol. 81, No. 128 / Tuesday, July 5, 2016 / Rules and Regulations

                                              application of rechargeable lithium                      lithium. The metallic lithium may                     lithium batteries and lithium battery
                                              batteries in electrical system design.                   ignite, resulting in a fire or explosion.             systems and their installations. The
                                              This type of battery possesses certain                   Finally, the severity of thermal runaway              requirements of § 23.1353 at amendment
                                              failures with operational characteristics                due to overcharging increases with                    23–62 remains in effect for batteries and
                                              and maintenance requirements that                        increasing battery capacity and physical              battery installations on K–350 series
                                              differ significantly from that of the Ni-                size.                                                 that do not use newly technologically
                                              Cd and lead-acid rechargeable batteries                     2. Over-discharging: Discharge of                  developed batteries.
                                              currently approved in other normal,                      some types of lithium battery cells                      As previously discussed, these special
                                              utility, acrobatic, and commuter                         beyond a certain voltage (typically 2.4               conditions are applicable to the K–350.
                                              category airplanes. Therefore, the FAA                   volts) can cause corrosion of the                     Should Kestrel Aircraft Company apply
                                              is issuing this special condition to                     electrodes of the cell, resulting in loss             at a later date for a change to the type
                                              require that (1) all characteristics of the              of battery capacity that cannot be                    certificate to include another model
                                              rechargeable lithium batteries and their                 reversed by recharging. This loss of                  incorporating the same novel or unusual
                                              installation that could affect safe                      capacity may not be detected by the                   design feature, the special conditions
                                              operation of the K–350 are addressed,                    simple voltage measurements                           would apply to that model as well.
                                              and (2) appropriate Instructions for                     commonly available to flight crews as a                  Under standard practice, the effective
                                              Continuous Airworthiness which                           means of checking battery status, which               date of final special conditions would
                                              include maintenance requirements are                     is a problem shared with Ni-Cd                        be 30 days after the date of publication
                                              established to ensure the availability of                batteries.                                            in the Federal Register; however, as the
                                              electrical power from the batteries when                    3. Flammability of Cell Components:                certification date for the Kestrel Aircraft
                                              needed.                                                  Unlike Ni-Cd and lead-acid batteries,                 Company Model K–350 Turboprop
                                                 As previously mentioned, Kestrel                      some types of lithium batteries use
                                              Aircraft Company plans to utilize a                                                                            airplane is imminent, the FAA finds
                                                                                                       liquid electrolytes that are flammable.               that good cause exists to make these
                                              rechargeable lithium main battery on                     The electrolyte may serve as a source of
                                              their new Model K–350 turboprop                                                                                special conditions effective upon
                                                                                                       fuel for an external fire, if there is a              issuance.
                                              airplane. At the Kestrel Preliminary                     breach of the battery container.
                                              Type Certification Board Meeting it was                     These problems experienced by users                Conclusion
                                              brought to the attention of the FAA that                 of lithium batteries raise concern about
                                              the lithium battery used in the K–350                                                                            This action affects only certain novel
                                                                                                       the use of these batteries in commercial
                                              will be qualified to RTCA standards                                                                            or unusual design features on one model
                                                                                                       aviation. The intent of the special
                                              DO–311, titled Minimum Operational                                                                             of airplane. It is not a rule of general
                                                                                                       condition is to establish appropriate
                                              Performance Standards for Rechargeable                                                                         applicability and it affects only the
                                                                                                       airworthiness standards for lithium
                                              Lithium Battery Systems. Additionally,                                                                         applicant who applied to the FAA for
                                                                                                       battery installations in the K–350 and to
                                              on July 18, 2013, Kestrel advised the                                                                          approval of these features on the
                                                                                                       ensure, as required by §§ 23.1309 and
                                              Civil Aviation Contingency Operations                                                                          airplane.
                                                                                                       23.601, that these battery installations
                                              (CACO) that the battery will have                        are neither hazardous nor unreliable.                 List of Subjects in 14 CFR Part 23
                                              Technical Standard Order Authorization                      In showing compliance with the
                                              for TSO–C179a,1 titled Permanently                       special conditions herein, paragraphs                   Aircraft, Aviation safety, Signs and
                                              Installed Rechargeable Lithium Cells,                    (a)(1) through (a)(8), and the RTCA                   symbols.
                                              Batteries and Battery Systems. Finally,                  document, Minimum Operational                         Citation
                                              Kestrel plans to use the same                            Performance Standards for Rechargeable
                                              manufacturer for both the lithium                        Lithium Battery Systems, DO–311, may                  ■ The authority citation for these
                                              battery and the battery controller.                      be used. The list of planned DO–311                   special conditions is as follows:
                                                 Presently, there is limited experience                tests should be documented in the                       Authority: 49 U.S.C. 106(g), 40113 and
                                              with use of rechargeable lithium                         certification or compliance plan and                  44701; 14 CFR 21.16 and 21.17; and 14 CFR
                                              batteries in applications involving                      agreed to by the CACO. Alternate                      11.38 and 11.19.
                                              commercial aviation. However, other                      methods of compliance other than DO–                  The Special Conditions
                                              users of this technology, ranging from                   311 tests must be coordinated with the
                                              wireless telephone manufacturers to the                  directorate and CACO.                                    Accordingly, pursuant to the
                                              electric vehicle industry, have noted                                                                          authority delegated to me by the
                                              safety problems with lithium batteries.                  Discussion of Comments                                Administrator, the following special
                                              These problems include overcharging,                       Notice of proposed special conditions               conditions are issued as part of the type
                                              over-discharging, and flammability of                    No. 23–15–01–SC 2 for the Kestrel                     certification basis for Kestrel Aircraft
                                              cell components, described in the                        Aircraft Company Model K–350                          Company, Model K–350 Turboprop
                                              following:                                               Turboprop airplanes was published in                  airplanes.
                                                 1. Overcharging: In general, lithium                  the Federal Register on November 4,                      1. Kestrel Aircraft Company, Model
                                              batteries are significantly more                         2015 (80 FR 68281). No comments were                  K–350 Turboprop, Lithium Batteries.
                                              susceptible to internal failures that can                received, and the special conditions are                 The FAA issues special conditions
                                              result in self-sustaining increases in                   adopted as proposed.                                  that adopt the following requirements
                                              temperature and pressure (i.e., thermal                                                                        that must be applied to all rechargeable
                                                                                                       Applicability
                                              runaway) than the Ni-Cd or lead-acid                                                                           lithium battery and lithium battery
                                              counterparts. This is especially true for                  These special conditions are not
                                                                                                       intended to replace                                   installations in lieu of the requirements
                                              overcharging which causes heating and
sradovich on DSK3GDR082PROD with RULES




                                                                                                       § 23.1353(a)(b)(c)(d)(e) at amendment                 of § 23.1353(a)(b)(c)(d)(e), amendment
                                              destabilization of the components of the                                                                       23–62:
                                              cell, leading to the formation (by                       23–62 in the certification basis of Model
                                                                                                       K–350 airplanes. These special                           (a) Rechargeable lithium batteries and
                                              plating) of highly unstable metallic                                                                           battery installations must be designed
                                                                                                       conditions apply only to rechargeable
                                                1 http://rgl.faa.gov/Regulatory_and_Guidance_
                                                                                                                                                             and installed as follows:
                                              Library/rgTSO.nsf/0/A3B77A692AE3FF9386257885               2 https://www.regulations.gov/#!document               (1) Safe cell temperatures and
                                              004B079C?OpenDocument.                                   Detail;D=FAA-2015-5034-0001.                          pressures must be maintained during—


                                         VerDate Sep<11>2014   17:25 Jul 01, 2016   Jkt 238001   PO 00000   Frm 00008   Fmt 4700   Sfmt 4700   E:\FR\FM\05JYR1.SGM   05JYR1


                                                                   Federal Register / Vol. 81, No. 128 / Tuesday, July 5, 2016 / Rules and Regulations                                          43471

                                                 i. normal operations;                                 whenever the State of Charge (SOC) of                 DATES:  This action is effective on
                                                 ii. any probable failure conditions of                the batteries has fallen below levels                 JAMCO America, Inc., on July 5, 2016.
                                              charging or discharging or battery                       considered acceptable for dispatch of                 We must receive your comments August
                                              monitoring system; or                                    the airplane.                                         19, 2016.
                                                 iii. any failure of the charging or                      (c) The Instructions for Continued                 FOR FURTHER INFORMATION CONTACT: John
                                              battery monitoring system not shown to                   Airworthiness required by § 23.1529 at                Shelden, FAA, Airframe and Cabin
                                              be extremely remote.                                     amendment 23–26 must contain                          Safety Branch, ANM–115,Transport
                                                 (2) The rechargeable lithium battery                  maintenance requirements to assure that               Airplane Directorate, Aircraft
                                              installation must be designed to                         the battery has been sufficiently charged             Certification Service, 1601 Lind Avenue
                                              preclude explosion or fire in the event                  at appropriate intervals specified by the             SW., Renton, Washington 98057–3356;
                                              of (e)(1)(ii) and (e)(1)(iii) failures.                  battery manufacturer and the equipment                telephone (425) 227–2785; facsimile
                                                 (3) Design of the rechargeable lithium                manufacturer that contain the                         (425) 227–1320.
                                              batteries must preclude the occurrence                   rechargeable lithium battery or                       SUPPLEMENTARY INFORMATION: On March
                                              of self-sustaining, uncontrolled                         rechargeable lithium battery system.                  16, 2016, the Federal Register published
                                              increases in temperature or pressure.                    This is required to ensure that lithium               a document designated as ‘‘Docket No.
                                                 (4) No explosive or toxic gasses                      rechargeable batteries and lithium                    FAA–2015–8298; Special Conditions
                                              emitted by any rechargeable lithium                      rechargeable battery systems will not                 No. 25–611–SC,’’ (81 FR 13969). That
                                              battery in normal operation or as the                    degrade below specified ampere-hour                   document issued special conditions
                                              result of any failure of the battery                     levels sufficient to power the aircraft               pertaining to dynamic test requirements
                                              charging system, monitoring system, or                   system. The Instructions for Continued                for single-occupant oblique (side-facing)
                                              battery installation that is not shown to                Airworthiness must also contain                       seats with inflatable restraints on Boeing
                                              be extremely remote, may accumulate in                   procedures for the maintenance of                     Model 777–300ER airplanes. As
                                              hazardous quantities within the                          replacement batteries in spares storage               published, the special conditions are
                                              airplane.                                                to prevent the installation of batteries              incomplete. The applicant was aware of
                                                 (5) Installations of rechargeable                     that have degraded charge retention                   the complete set of conditions at the
                                              lithium batteries must meet the                          ability or other damage due to                        time of the original, incomplete
                                              requirements of § 23.863(a) through (d)                  prolonged storage at a low state of                   publication.
                                              at amendment 23–34.                                      charge. Replacement batteries must be
                                                 (6) No corrosive fluids or gases that                 of the same manufacturer and part                     Correction
                                              may escape from any rechargeable                         number as approved by the FAA.                          The following special conditions
                                              lithium battery may damage                                                                                     replace the entire special conditions
                                                                                                         Issued in Kansas City, Missouri, on June
                                              surrounding structure or any adjacent                                                                          section of the final special conditions
                                                                                                       23, 2016.
                                              systems, equipment, electrical wiring, or                                                                      document [FR Doc. 2016–05995 Filed
                                                                                                       William Schinstock,
                                              the airplane in such a way as to cause                                                                         3–15–16; 8:45 a.m.], published on
                                              a major or more severe failure condition,                Acting Manager, Small Airplane Directorate
                                                                                                       Aircraft Certification Service.                       March 16, 2016 (81 FR 13969). The
                                              in accordance with § 23.1309(c) at                                                                             introductory language was previously
                                                                                                       [FR Doc. 2016–15765 Filed 7–1–16; 8:45 am]
                                              amendment 23–62 and applicable                                                                                 published and is not changed.
                                              regulatory guidance.                                     BILLING CODE 4910–13–P

                                                 (7) Each rechargeable lithium battery                                                                       The Special Conditions
                                              installation must have provisions to                                                                           ■ Accordingly, pursuant to the authority
                                              prevent any hazardous effect on                          DEPARTMENT OF TRANSPORTATION
                                                                                                                                                             delegated to me by the Administrator,
                                              structure or essential systems that may                  Federal Aviation Administration                       the following special conditions are
                                              be caused by the maximum amount of                                                                             issued as part of the type certification
                                              heat the battery can generate during a                   14 CFR Part 25                                        basis for Boeing Model 777–300ER
                                              short circuit of the battery or of its                                                                         airplanes modified by JAMCO.
                                              individual cells.                                        [Docket No. FAA–2015–8298; Special
                                                 (8) Rechargeable lithium battery                      Conditions No. 25–611–SC]                             Oblique (Side-Facing) Seats Special
                                              installations must have—                                                                                       Conditions
                                                 i. a system to automatically control                  Special Conditions: JAMCO America,
                                                                                                       Inc., Boeing Model 777–300ER,                           In addition to the requirements of
                                              the charging rate of the battery to                                                                            § 25.562:
                                              prevent battery overheating and                          Dynamic Test Requirements for Single-
                                              overcharging;                                            Occupant Oblique (Side-Facing) Seats                  1. Head Injury Criteria (HIC)
                                                 ii. a battery temperature sensing and                 With Inflatable Restraints
                                                                                                                                                                Compliance with § 25.562(c)(5) is
                                              over-temperature warning system with a                   AGENCY:  Federal Aviation                             required, except that, if the
                                              means of automatically disconnecting                     Administration (FAA), DOT.                            anthropomorphic test device (ATD) has
                                              the battery from its charging source in                  ACTION: Final special condition; request              no apparent contact with the seat and
                                              the event of an over-temperature                         for comments; corrections.                            related structure but has contact with an
                                              condition; and                                                                                                 airbag, a HIC unlimited score in excess
                                                 iii. a battery failure sensing and                    SUMMARY:  This document corrects                      of 1000 is acceptable, provided the
                                              warning system with a means of                           omissions in docket no. FAA–2015–                     HIC15 score (calculated in accordance
                                              automatically disconnecting the battery                  8298, special conditions no. 25–611–SC,               with 49 CFR 571.208) for that contact is
                                              from its charging source in the event of                 which was published in the Federal                    less than 700.
sradovich on DSK3GDR082PROD with RULES




                                              battery failure.                                         Register on March 16, 2016 (81 FR
                                                 (b) Any rechargeable lithium battery                  13969). The special conditions in the                 2. Body-to-Wall/Furnishing Contact
                                              installation functionally required for                   published document are incomplete.                       If a seat is installed aft of structure
                                              safe operation of the airplane must                      This correction replaces the entire                   (e.g. interior wall or furnishings) that
                                              incorporate a monitoring and warning                     special conditions section from that                  does not provide a homogenous contact
                                              feature that will provide an indication                  which appeared in the original Federal                surface for the expected range of
                                              to the appropriate flight crewmembers                    Register publication.                                 occupants and yaw angles, then


                                         VerDate Sep<11>2014   16:06 Jul 01, 2016   Jkt 238001   PO 00000   Frm 00009   Fmt 4700   Sfmt 4700   E:\FR\FM\05JYR1.SGM   05JYR1



Document Created: 2016-07-01 23:50:15
Document Modified: 2016-07-01 23:50:15
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal special conditions.
DatesThese special conditions are effective July 5, 2016 and are applicable on June 23, 2016.
ContactRuth Hirt, Federal Aviation Administration, Small Airplane Directorate, Aircraft Certification Service, Programs and Procedures Branch, ACE-114, 901 Locust, Room 301, Kansas City, MO 64106; telephone (816) 329-4108, facsimile (816) 329- 4090.
FR Citation81 FR 43469 
CFR AssociatedAircraft; Aviation Safety and Signs and Symbols

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR