81_FR_57974 81 FR 57810 - Special Conditions: Pilatus Aircraft, Ltd., Model PC-12, PC-12/45, and PC-12/47 Airplanes, Lithium Batteries

81 FR 57810 - Special Conditions: Pilatus Aircraft, Ltd., Model PC-12, PC-12/45, and PC-12/47 Airplanes, Lithium Batteries

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 81, Issue 164 (August 24, 2016)

Page Range57810-57812
FR Document2016-20273

This action proposes special conditions for the Pilatus Aircraft, Ltd., Model PC-12, PC-12/45, and PC-12/47 airplanes. This airplane as modified by Finnoff Aviation 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 81 Issue 164 (Wednesday, August 24, 2016) 
[Federal Register Volume 81, Number 164 (Wednesday, August 24, 2016)]
[Proposed Rules]
[Pages 57810-57812]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20273]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 23

[Docket No. FAA-2016-9001; Notice No. 23-16-02-SC]


Special Conditions: Pilatus Aircraft, Ltd., Model PC-12, PC-12/
45, and PC-12/47 Airplanes, Lithium Batteries

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed special conditions.

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SUMMARY: This action proposes special conditions for the Pilatus 
Aircraft, Ltd., Model PC-12, PC-12/45, and PC-12/47 airplanes. This 
airplane as modified by Finnoff Aviation 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 October 11, 2016.

ADDRESSES: Send comments identified by docket number FAA-2016-9001 
using any of the following methods:
    [square] Federal eRegulations Portal: Go to http://www.regulations.gov and follow the online instructions for sending your 
comments electronically.
    [square] 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.
    [square] Hand Delivery of 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.
    [square] 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, Programs and Procedures, ACE-114, 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.

Background

    On September 28, 2015, Finnoff Aviation applied for a supplemental 
type certificate for installation of a rechargeable lithium battery in 
the Model PC-12, PC-12/45, PC-12/47 airplanes. The Model PC-12, PC-12/
45, PC-12/47 airplanes are single-engine turboprop-powered business 
aircraft that can accommodate up to nine passengers with a take-off 
weight up to 10,450 lbs.
    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 proposing this special condition to 
address (1) all characteristics of the rechargeable lithium batteries 
and their installation that could affect safe operation of the modified 
Model PC-12, PC-12/45, and PC-12/47 airplanes, and (2) appropriate 
Instructions for Continued Airworthiness (ICAW) that include 
maintenance requirements to ensure the availability of electrical power 
from the batteries when needed.

Type Certification Basis

    Under the provisions of Sec.  21.101, Finnoff Aviation must show 
that the Model PC-12, PC-12/45, and PC-12/47, as changed, continue to 
meet the applicable provisions of the regulations incorporated by 
reference in Type Certificate No. A78EU \1\ or the applicable 
regulations in effect on the date of application for the change.
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    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 Model PC-12, PC-12/45, and

[[Page 57811]]

PC-12/47 airplanes because of a novel or unusual design feature, 
special conditions are prescribed under the provisions of Sec.  21.16.
    Special conditions are initially applicable to the model for which 
they are issued. Should the applicant apply for a supplemental type 
certificate to modify any other model included on the same type 
certificate to incorporate the same or similar novel or unusual design 
feature, the special conditions would also apply to the other model 
under Sec.  21.101.
    In addition to the applicable airworthiness regulations and special 
conditions, the Model PC-12, PC-12/45, and PC-12/47 airplanes must 
comply with the fuel vent and exhaust emission requirements of 14 CFR 
part 34 and the noise certification requirements of 14 CFR part 36.
    The FAA issues special conditions, as defined in 14 CFR 11.19, in 
accordance with Sec.  11.38, and they become part of the type-
certification basis under Sec.  21.101.

Novel or Unusual Design Features

    The Model PC-12, PC-12/45, and PC-12/47 airplanes will incorporate 
the following novel or unusual design feature: Installation of a 
rechargeable lithium battery as the main or engine start aircraft 
battery.

Discussion

    Presently, there is limited experience with use of rechargeable 
lithium batteries and rechargeable lithium battery systems in 
applications involving commercial aviation. However, other users of 
this technology, ranging from personal computers, wireless telephone 
manufacturers to the electric vehicle industry, have noted safety 
problems with lithium batteries. These problems include overcharging, 
over-discharging, flammability of cell components, and cell internal 
defects described in the following paragraphs:
    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 due to a 
higher amount of electrolyte in large batteries.
    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.
    4. Cell Internal Defects: The rechargeable lithium batteries and 
rechargeable battery systems have a history of undetected cell internal 
defects. These defects may or may not be detected during normal 
operational evaluation, test, and validation. This may lead to unsafe 
conditions when operating in service.
    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 Model 
PC-12, PC-12/45, and PC-12/47 airplanes and to ensure, as required by 
Sec. Sec.  23.1309 and 23.601, that these battery installations are 
neither hazardous nor unreliable.
    In summary, the lithium battery installation will consider the 
following items:
    (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 Ni-Cd and lead-acid 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 AC 23.1309-1E \2\), 
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 AC 20-115C \3\ and Advisory Circular AC 20-152 \4\).
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    \2\ http://rgl.faa.gov/Regulatory_and_Guidance_Library/
rgAdvisoryCircular.nsf/0/719e41e1d26099108625795d005d5302/$FILE/
23.1309-1E.pdf.
    \3\ http://rgl.faa.gov/Regulatory_and_Guidance_Library/
rgAdvisoryCircular.nsf/0/e35fbc0060e2159186257bbe00719fb3/$FILE/
AC20-115C.pdf.
    \4\ http://rgl.faa.gov/Regulatory_and_Guidance_Library/
rgAdvisoryCircular.nsf/0/6d4ae0bf1bde3579862570360055d119/$FILE/
AC%2020-152.pdf.
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    (d) New requirements, in the proposed special conditions section, 
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 PC-
12, PC-12/45, and PC-12/47 airplanes in lieu of the requirements of 
Sec.  23.1353(a)(b)(c)(d)(e), amendment 23-49.

    Note 1: These special conditions are not intended to replace 
Sec.  23.1353(a)(b)(c)(d)(e) at amendment 23-49 in the certification 
basis of Model PC-12, PC-12/45, and PC-12/47 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 23-49 remains in effect for batteries and 
battery installations on Model PC-12, PC-12/45, and PC-12/47 
airplanes that do not use rechargeable lithium batteries.

Applicability

    As discussed above, these special conditions are applicable to the 
Model PC-12, PC-12/45, and PC-12/47 airplanes. Should Finnoff Aviation 
apply at a later date for a supplemental type certificate to modify any 
other model included on Type Certificate No. A78EU \5\ to incorporate 
the same novel or unusual design feature, the special conditions would 
apply to that model as well.
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Conclusion

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

[[Page 57812]]

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 Pilatus Aircraft, Ltd., Model PC-12, PC-12/45, and PC-12/47 
airplanes modified by Finnoff Aviation.
    1. Installation of Lithium Batteries must show compliance to the 
following requirements:
    (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 (1)(ii) and (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 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 (1) through (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 Denver ACO. Alternate methods of compliance other than DO-311 tests 
must be coordinated with the directorate and Denver ACO.

    Issued in Kansas City, Missouri, on August 18, 2016.
Pat Mullen,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-20273 Filed 8-23-16; 8:45 am]
 BILLING CODE 4910-13-P

57810 Federal Register / Vol. 81, No. 164 / Wednesday, August 24, 2016 / Proposed Rules Area of Application. Survey area plus: of safety equivalent to that established conditions, explain the reason for any Michigan: by the existing airworthiness standards. recommended change, and include Alpena DATES: Send your comments on or supporting data. We ask that you send Calhoun before October 11, 2016. us two copies of written comments. Crawford We will consider all comments we Grand Traverse ADDRESSES: Send comments identified by docket number FAA–2016–9001 receive on or before the closing date for Huron Iosco using any of the following methods: comments. We will consider comments Kent b Federal eRegulations Portal: Go to filed late if it is possible to do so Leelanau http://www.regulations.gov and follow without incurring expense or delay. We Ottawa the online instructions for sending your may change these special conditions Saginaw comments electronically. based on the comments we receive. Washtenaw b Mail: Send comments to Docket Background Wayne Ohio: Operations, M–30, U.S. Department of Transportation (DOT), 1200 New Jersey On September 28, 2015, Finnoff Ottawa Aviation applied for a supplemental Avenue SE., Room W12–140, West * * * * * Building Ground Floor, Washington, DC type certificate for installation of a TEXAS 20590–0001. rechargeable lithium battery in the b Hand Delivery of Courier: Take Model PC–12, PC–12/45, PC–12/47 * * * * * comments to Docket Operations in airplanes. The Model PC–12, PC–12/45, Nueces Room W12–140 of the West Building PC–12/47 airplanes are single-engine Survey Area Ground Floor at 1200 New Jersey turboprop-powered business aircraft Texas: Avenue SE., Washington, DC between 9 that can accommodate up to nine Nueces a.m. and 5 p.m., Monday through passengers with a take-off weight up to Area of Application. Survey area plus: Friday, except Federal holidays. 10,450 lbs. b Fax: Fax comments to Docket The current regulatory requirements * * * * * Operations at 202–493–2251. for part 23 airplanes do not contain Texas: Privacy: The FAA will post all adequate requirements for the Bee comments it receives, without change, application of rechargeable lithium Calhoun batteries in airborne applications. This Cameron to http://regulations.gov, including any personal information the commenter type of battery possesses certain failure Kleberg provides. Using the search function of and operational characteristics with San Patricio Webb the docket Web site, anyone can find maintenance requirements that differ and read the electronic form of all significantly from that of the nickel- * * * * * cadmium (Ni-Cd) and lead-acid comments received into any FAA [FR Doc. 2016–20179 Filed 8–23–16; 8:45 am] docket, including the name of the rechargeable batteries currently BILLING CODE 6325–39–P individual sending the comment (or approved in other normal, utility, signing the comment for an association, acrobatic, and commuter category business, labor union, etc.). DOT’s airplanes. Therefore, the FAA is DEPARTMENT OF TRANSPORTATION complete Privacy Act Statement can be proposing this special condition to found in the Federal Register published address (1) all characteristics of the Federal Aviation Administration on April 11, 2000 (65 FR 19477–19478), rechargeable lithium batteries and their as well as at http://DocketsInfo.dot.gov. installation that could affect safe 14 CFR Part 23 Docket: Background documents or operation of the modified Model PC–12, [Docket No. FAA–2016–9001; Notice No. 23– comments received may be read at PC–12/45, and PC–12/47 airplanes, and 16–02–SC] http://www.regulations.gov at any time. (2) appropriate Instructions for Follow the online instructions for Continued Airworthiness (ICAW) that Special Conditions: Pilatus Aircraft, accessing the docket or go to the Docket include maintenance requirements to Ltd., Model PC–12, PC–12/45, and PC– Operations in Room W12–140 of the ensure the availability of electrical 12/47 Airplanes, Lithium Batteries West Building Ground Floor at 1200 power from the batteries when needed. AGENCY: Federal Aviation New Jersey Avenue SE., Washington, Type Certification Basis Administration (FAA), DOT. DC, between 9 a.m., and 5 p.m., Monday through Friday, except Federal holidays. Under the provisions of § 21.101, ACTION: Notice of proposed special Finnoff Aviation must show that the FOR FURTHER INFORMATION CONTACT: conditions. Model PC–12, PC–12/45, and PC–12/47, Ruth Hirt, Federal Aviation as changed, continue to meet the SUMMARY: This action proposes special Administration, Programs and applicable provisions of the regulations conditions for the Pilatus Aircraft, Ltd., Procedures, ACE–114, Small Airplane incorporated by reference in Type Model PC–12, PC–12/45, and PC–12/47 Directorate, Aircraft Certification Certificate No. A78EU 1 or the airplanes. This airplane as modified by Service, 901 Locust; Kansas City, applicable regulations in effect on the Finnoff Aviation will have a novel or Missouri 64106; telephone (816) 329– date of application for the change. unusual design feature associated with 4108; facsimile (816) 329–4090. mstockstill on DSK3G9T082PROD with PROPOSALS If the Administrator finds that the the installation of a rechargeable lithium SUPPLEMENTARY INFORMATION: applicable airworthiness regulations battery. The applicable airworthiness Comments Invited (i.e., 14 CFR part 23) do not contain regulations do not contain adequate or adequate or appropriate safety standards appropriate safety standards for this We invite interested people to take for the Model PC–12, PC–12/45, and design feature. These proposed special part in this rulemaking by sending conditions contain the additional safety written comments, data, or views. The 1 http://rgl.faa.gov/Regulatory_and_Guidance_ standards that the Administrator most helpful comments reference a Library/rgMakeModel.nsf/0/6BCB00B1F3CA4 considers necessary to establish a level specific portion of the special EF886257FED0069EF2D?OpenDocument. VerDate Sep<11>2014 19:02 Aug 23, 2016 Jkt 238001 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\24AUP1.SGM 24AUP1

Federal Register / Vol. 81, No. 164 / Wednesday, August 24, 2016 / Proposed Rules 57811 PC–12/47 airplanes because of a novel 2. Over-discharging: Discharge of 23.1309–1E 2), and develop mitigation to or unusual design feature, special some types of lithium battery cells preclude any adverse safety effects. conditions are prescribed under the beyond a certain voltage (typically 2.4 Mitigation may include software, provisions of § 21.16. volts) can cause corrosion of the Airborne Electronic Hardware (AEH) or Special conditions are initially electrodes of the cell, resulting in loss a combination of software and applicable to the model for which they of battery capacity that cannot be hardware, which should be developed are issued. Should the applicant apply reversed by recharging. This loss of to the appropriate Design Assurance for a supplemental type certificate to capacity may not be detected by the Level(s) (DALs), respectively (per modify any other model included on the simple voltage measurements Advisory Circular AC 20–115C 3 and same type certificate to incorporate the commonly available to flight crews as a Advisory Circular AC 20–152 4). same or similar novel or unusual design means of checking battery status, which (d) New requirements, in the feature, the special conditions would is a problem shared with Ni-Cd proposed special conditions section, also apply to the other model under batteries. address the hazards of overcharging and § 21.101. 3. Flammability of Cell Components: over-discharging that are unique to In addition to the applicable Unlike Ni-Cd and lead-acid batteries, lithium batteries, which should be airworthiness regulations and special some types of lithium batteries use applied to all rechargeable lithium conditions, the Model PC–12, PC–12/45, liquid electrolytes that are flammable. battery and battery installations on the and PC–12/47 airplanes must comply The electrolyte may serve as a source of Model PC–12, PC–12/45, and PC–12/47 with the fuel vent and exhaust emission fuel for an external fire, if there is a airplanes in lieu of the requirements of requirements of 14 CFR part 34 and the breach of the battery container. § 23.1353(a)(b)(c)(d)(e), amendment 23– noise certification requirements of 14 49. 4. Cell Internal Defects: The CFR part 36. The FAA issues special conditions, as rechargeable lithium batteries and Note 1: These special conditions are not defined in 14 CFR 11.19, in accordance rechargeable battery systems have a intended to replace § 23.1353(a)(b)(c)(d)(e) at history of undetected cell internal amendment 23–49 in the certification basis of with § 11.38, and they become part of Model PC–12, PC–12/45, and PC–12/47 the type-certification basis under defects. These defects may or may not be detected during normal operational airplanes. These special conditions apply § 21.101. only to rechargeable lithium batteries and evaluation, test, and validation. This lithium battery systems and their Novel or Unusual Design Features may lead to unsafe conditions when installations. The requirements of § 25.1353 The Model PC–12, PC–12/45, and PC– operating in service. at amendment 23–49 remains in effect for 12/47 airplanes will incorporate the These problems experienced by users batteries and battery installations on Model following novel or unusual design of lithium batteries raise concern about PC–12, PC–12/45, and PC–12/47 airplanes feature: Installation of a rechargeable the use of these batteries in commercial that do not use rechargeable lithium lithium battery as the main or engine aviation. The intent of the special batteries. start aircraft battery. condition is to establish appropriate airworthiness standards for lithium Applicability Discussion battery installations in the Model PC– As discussed above, these special Presently, there is limited experience 12, PC–12/45, and PC–12/47 airplanes conditions are applicable to the Model with use of rechargeable lithium and to ensure, as required by §§ 23.1309 PC–12, PC–12/45, and PC–12/47 batteries and rechargeable lithium and 23.601, that these battery airplanes. Should Finnoff Aviation battery systems in applications installations are neither hazardous nor apply at a later date for a supplemental involving commercial aviation. unreliable. type certificate to modify any other However, other users of this technology, In summary, the lithium battery model included on Type Certificate No. ranging from personal computers, installation will consider the following A78EU 5 to incorporate the same novel wireless telephone manufacturers to the items: or unusual design feature, the special electric vehicle industry, have noted (a) The flammable fluid fire protection conditions would apply to that model as safety problems with lithium batteries. requirement is § 23.863. In the past, this well. These problems include overcharging, rule was not applied to batteries of over-discharging, flammability of cell Conclusion normal, utility, acrobatic, and commuter components, and cell internal defects category airplanes since the electrolytes This action affects only certain novel described in the following paragraphs: utilized in Ni-Cd and lead-acid batteries or unusual design features on one model 1. Overcharging: In general, lithium series of airplanes. It is not a rule of are not flammable. batteries are significantly more general applicability and it affects only susceptible to internal failures that can (b) New Instructions for Continuous the applicant who applied to the FAA result in self-sustaining increases in Airworthiness that include maintenance for approval of these features on the temperature and pressure (i.e., thermal requirements to ensure that batteries airplane. runaway) than the Ni-Cd or lead-acid used as spares have been maintained in counterparts. This is especially true for an appropriate state of charge and 2 http://rgl.faa.gov/Regulatory_and_Guidance_ overcharging which causes heating and installed lithium batteries have been Library/rgAdvisoryCircular.nsf/0/719e41e1d destabilization of the components of the sufficiently charged at appropriate 26099108625795d005d5302/$FILE/23.1309-1E.pdf. cell, leading to the formation (by intervals. These instructions must also 3 http://rgl.faa.gov/Regulatory_and_Guidance_ mstockstill on DSK3G9T082PROD with PROPOSALS plating) of highly unstable metallic describe proper repairs, if allowed, and Library/rgAdvisoryCircular.nsf/0/e35 battery part number configuration fbc0060e2159186257bbe00719fb3/$FILE/AC20- lithium. The metallic lithium may 115C.pdf. ignite, resulting in a fire or explosion. control. 4 http://rgl.faa.gov/Regulatory_and_Guidance_ Finally, the severity of thermal runaway (c) The applicant must conduct a Library/rgAdvisoryCircular.nsf/0/6d4ae0bf1 due to overcharging increases with system safety assessment for the failure bde3579862570360055d119/$FILE/AC%2020- condition classification of a failure of 152.pdf. increasing battery capacity and due to a 5 http://rgl.faa.gov/Regulatory_and_Guidance_ higher amount of electrolyte in large the battery charging and monitoring Library/rgMakeModel.nsf/0/6BCB00B1F3CA4EF batteries. functionality (per Advisory Circular AC 886257FED0069EF2D?OpenDocument. VerDate Sep<11>2014 19:02 Aug 23, 2016 Jkt 238001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\24AUP1.SGM 24AUP1

57812 Federal Register / Vol. 81, No. 164 / Wednesday, August 24, 2016 / Proposed Rules List of Subjects in 14 CFR Part 23 i. A system to automatically control the 311 tests must be coordinated with the charging rate of the battery to prevent battery directorate and Denver ACO. Aircraft, Aviation safety, Signs and overheating and overcharging, or; symbols. ii. A battery temperature sensing and over- Issued in Kansas City, Missouri, on August ■ The authority citation for these temperature warning system with a means for 18, 2016. special conditions is as follows: automatically disconnecting the battery from Pat Mullen, Authority: 49 U.S.C. 106(g), 40113, 44701, its charging source in the event of an over- Acting Manager, Small Airplane Directorate, 44702, 44704. temperature condition, or; Aircraft Certification Service. iii. A battery failure sensing and warning [FR Doc. 2016–20273 Filed 8–23–16; 8:45 am] The Proposed Special Conditions system with a means for automatically BILLING CODE 4910–13–P disconnecting the battery from its charging ■ Accordingly, the Federal Aviation source in the event of battery failure. Administration (FAA) proposes the following special conditions as part of (9) Any rechargeable lithium battery DEPARTMENT OF HEALTH AND the type certification basis for Pilatus installation functionally required for HUMAN SERVICES Aircraft, Ltd., Model PC–12, PC–12/45, safe operation of the airplane must and PC–12/47 airplanes modified by incorporate a monitoring and warning Food and Drug Administration Finnoff Aviation. feature that will provide an indication 1. Installation of Lithium Batteries to the appropriate flight crewmembers 21 CFR Parts 16 and 511 must show compliance to the following whenever the State of Charge (SOC) of requirements: [Docket No. FDA–2011–N–0079] the batteries has fallen below levels (1) Safe cell temperatures and considered acceptable for dispatch of Disqualification of a Clinical pressures must be maintained during— the airplane. i. Normal operations; Investigator (10) The Instructions for Continued ii. Any probable failure conditions of Airworthiness required by § 23.1529 at AGENCY: Food and Drug Administration, charging or discharging or battery amendment 23–26 must contain HHS. monitoring system; maintenance requirements to assure that ACTION: Proposed rule. iii. Any failure of the charging or the battery has been sufficiently charged battery monitoring system not shown to SUMMARY: The Food and Drug at appropriate intervals specified by the be extremely remote. Administration (FDA) is proposing to (2) The rechargeable lithium battery battery manufacturer and the equipment manufacturer that contain the amend the regulations for new animal installation must be designed to drugs for investigational use to expand preclude explosion or fire in the event rechargeable lithium battery or rechargeable lithium battery system. the scope of clinical investigator of (1)(ii) and (1)(iii) failures. disqualification to include ineligibility (3) Design of the rechargeable lithium This is required to ensure that lithium rechargeable batteries and lithium to conduct nonclinical laboratory batteries must preclude the occurrence studies. Currently, when the of self-sustaining, uncontrolled rechargeable battery systems will not degrade below specified ampere-hour Commissioner of Food and Drugs (the increases in temperature or pressure. Commissioner) determines that an (4) No explosive or toxic gasses levels sufficient to power the aircraft system. The Instructions for Continued investigator is ineligible to receive a emitted by any rechargeable lithium Airworthiness must also contain new animal drug for investigational use, battery in normal operation or as the procedures for the maintenance of the investigator also is ineligible to result of any failure of the battery replacement batteries in spares storage conduct any clinical investigation that charging system, monitoring system, or to prevent the installation of batteries supports an application for a research or battery installation which is not shown that have degraded charge retention marketing permit for products regulated to be extremely remote, may accumulate ability or other damage due to by FDA. Under this proposal, when the in hazardous quantities within the prolonged storage at a low state of Commissioner determines that an airplane. (5) Installations of rechargeable charge. Replacement batteries must be investigator is ineligible to receive a lithium batteries must meet the of the same manufacturer and part new animal drug for investigational use, requirements of § 23.863(a) through (d) number as approved by the FAA. the investigator also will be ineligible to at amendment 23–34. conduct any nonclinical study intended Note 2: The term ‘‘sufficiently charged’’ to support an application for a research (6) No corrosive fluids or gases that means that the battery will retain enough of may escape from any rechargeable a charge, expressed in ampere-hours, to or marketing permit for a new animal lithium battery may damage ensure that the battery cells will not be drug. This proposal is intended to help surrounding structure or any adjacent damaged. A battery cell may be damaged by ensure adequate protection of animal systems, equipment, electrical wiring, or lowering the charge below a point where research subjects and the quality and the airplane in such a way as to cause there is a reduction in the ability to charge integrity of data submitted to FDA. and retain a full charge. This reduction DATES: Submit either electronic or a major or more severe failure condition, would be greater than the reduction that may written comments on the proposed rule in accordance with § 23.1309(c) at result from normal operational degradation. amendment 23–62 and applicable by November 22, 2016. See section VII regulatory guidance. (11) In showing compliance with the of this document for the proposed (7) Each rechargeable lithium battery proposed special conditions herein, effective date of a final rule based on installation must have provisions to paragraphs (1) through (8), and the this document. mstockstill on DSK3G9T082PROD with PROPOSALS prevent any hazardous effect on RTCA document, Minimum Operational ADDRESSES: You may submit comments structure or essential systems that may Performance Standards for Rechargeable as follows: be caused by the maximum amount of Lithium Battery Systems, DO–311, may heat the battery can generate during a be used. The list of planned DO–311 Electronic Submissions short circuit of the battery or of its tests should be documented in the Submit electronic comments in the individual cells. certification or compliance plan and following way: (8) Rechargeable lithium battery agreed to by the Denver ACO. Alternate • Federal eRulemaking Portal: http:// installations must have— methods of compliance other than DO– www.regulations.gov. Follow the VerDate Sep<11>2014 19:02 Aug 23, 2016 Jkt 238001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\24AUP1.SGM 24AUP1


Document Created: 2016-08-24 03:02:39
Document Modified: 2016-08-24 03:02:39
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 October 11, 2016.
ContactRuth Hirt, Federal Aviation Administration, Programs and Procedures, ACE-114, Small Airplane Directorate, Aircraft Certification Service, 901 Locust; Kansas City, Missouri 64106; telephone (816) 329-4108; facsimile (816) 329-4090.
FR Citation81 FR 57810 
CFR AssociatedAircraft; Aviation Safety and Signs and Symbols
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