81_FR_69858 81 FR 69663 - Special Conditions: Beechcraft, Model A36, Bonanza Airplanes; as Modified by Avionics Design Services, Ltd.; Installation of Rechargeable Lithium Battery

81 FR 69663 - Special Conditions: Beechcraft, Model A36, Bonanza Airplanes; as Modified by Avionics Design Services, Ltd.; Installation of Rechargeable Lithium Battery

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 81, Issue 195 (October 7, 2016)

Page Range69663-69666
FR Document2016-24343

These special conditions are issued for the Beechcraft, Model A36, Bonanza airplane. This airplane, as modified by Avionics Design Services, Ltd., will have a novel or unusual design feature associated with the use of a replacement option of a lithium battery instead of nickel-cadmium and lead-acid rechargeable batteries. 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 195 (Friday, October 7, 2016)
[Federal Register Volume 81, Number 195 (Friday, October 7, 2016)]
[Rules and Regulations]
[Pages 69663-69666]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-24343]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 23

[Docket No. FAA-2016-9224; Special Conditions No. 23-277-SC]


Special Conditions: Beechcraft, Model A36, Bonanza Airplanes; as 
Modified by Avionics Design Services, Ltd.; Installation of 
Rechargeable Lithium Battery

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

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SUMMARY: These special conditions are issued for the Beechcraft, Model 
A36, Bonanza airplane. This airplane, as modified by Avionics Design 
Services, Ltd., will have a novel or unusual

[[Page 69664]]

design feature associated with the use of a replacement option of a 
lithium battery instead of nickel-cadmium and lead-acid rechargeable 
batteries. 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: The effective date of these special conditions is October 7, 
2016.
    We must receive your comments by November 21, 2016.

ADDRESSES: Send comments identified by docket number FAA-2016-9224 
using any of the following methods:
     Federal eRegulations Portal: Go to http://www.regulations.gov and follow the online instructions for sending your 
comments electronically.
     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.
     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.
     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: Quentin Coon, Federal Aviation 
Administration, Aircraft Certification Service, Small Airplane 
Directorate, ACE-112, 901 Locust, Room 301, Kansas City, MO; telephone 
(816) 329-4168; facsimile (816) 329-4090.

SUPPLEMENTARY INFORMATION: The FAA has determined that notice and 
opportunity for prior public comment hereon are impracticable because 
these procedures would significantly delay issuance of the approval 
design and thus delivery of the affected aircraft. In addition, the FAA 
has determined, in accordance with 5 U.S. C. 553(b)(3)(B) and 
553(d)(3), that notice and opportunity for prior public comment hereon 
are unnecessary because the substance of these special conditions has 
been subject to the public comment process in several prior instances 
with no substantive comments received. The FAA therefore finds that 
good cause exists for making these special conditions effective upon 
issuance.

------------------------------------------------------------------------
         Special conditions No.               Company/airplane model
------------------------------------------------------------------------
23-15-01-SC \1\........................  Kestrel Aircraft Company/Model
                                          K-350.
23-09-02SC \2\.........................  Cessna Aircraft Company/Model
                                          525C (CJ4).
23-08-05-SC \3\........................  Spectrum Aeronautical, LLC/
                                          Model 40.
------------------------------------------------------------------------

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.
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    \1\ http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgSC.nsf/0/39B156C006EB842E86257EF3004BB13C?OpenDocument&Highlight=installation%20of%20rechargeable%20lithium%20battery.
    \2\ http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgSC.nsf/0/902232309C19F0D4862575CB0045AC0D?OpenDocument&Highlight=installation%20of%20rechargeable%20lithium%20battery.
    \3\ http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgSC.nsf/0/28E630294DCC27B986257513005968A3?OpenDocument&Highlight=installation%20of%20rechargeable%20lithium%20battery.
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    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 17, 2015, Avionics Design Services, Ltd., (Avionics) 
applied for a supplemental type certificate (STC) to install a 
rechargeable lithium battery on the Model A36 Bonanza airplane. The 
Model A36 airplane is a normal category airplane, powered by a single-
piston engine that drives an aircraft propeller, with passenger seating 
up to six (6) and a maximum takeoff weight of 3600 pounds.
    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 A36 airplane, 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 Title 14, Code of Federal Regulations (CFR) 
21.101, Avionics must show that the Model A36 airplane, as changed, 
continues to meet the applicable provisions of the regulations 
incorporated by reference in Type Certificate Data Sheet No. 3A15 \4\ 
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 A36 airplane because of a 
novel or unusual design feature, special conditions are prescribed 
under the provisions of Sec.  21.16.
    In addition to the applicable airworthiness regulations and special 
conditions, the Model A36 airplane 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 Sec.  11.19, under 
Sec.  11.38 and they become part of the type certification basis under 
Sec.  21.101.
    Special conditions are initially applicable to the models for which 
they

[[Page 69665]]

are issued. Should the applicant apply for an STC to modify any other 
model included on the same type certificate to incorporate the same 
novel or unusual design feature, these special conditions would also 
apply to the other model under Sec.  21.101.

Novel or Unusual Design Features

    The Beechcraft Model A36 airplane will incorporate the following 
novel or unusual design features:
    The installation of a rechargeable lithium battery as a main or 
engine start aircraft battery.

Discussion

    The applicable part 23 airworthiness regulations governing the 
installation of batteries in general aviation airplanes, including 
Sec.  23.1353, were derived from Civil Air Regulations (CAR) 3 as part 
of the recodification that established 14 CFR part 23. The battery 
requirements, which are identified in Sec.  23.1353, were a rewording 
of the CAR requirements that did not add any substantive technical 
requirements. An increase in incidents involving battery fires and 
failures that accompanied the increased use of Ni-Cd batteries in 
aircraft resulted in rulemaking activities on the battery requirements 
for small airplanes. These regulations were incorporated into Sec.  
23.1353(f) and (g), which apply only to Ni-Cd battery installations.
    The introduction of lithium batteries into aircraft raises some 
concern about associated battery or cell monitoring systems and the 
impact to the electrical system when monitoring components fail. 
Associated battery or cell monitoring systems (e.g., temperature, state 
of charge, etc.) should be evaluated with respect the expected extremes 
in the aircraft operating environment.
    Lithium batteries typically have different electrical impedance 
characteristics than Ni-Cd or lead-acid batteries. Avionics needs to 
evaluate other components of the aircraft electrical system with 
respect to these characteristics.
    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 rechargeable lithium batteries. These problems include 
overcharging, over-discharging, flammability of cell components, cell 
internal defects, and during exposure to extreme temperatures that are 
described in the following paragraphs.
    1. Overcharging: In general, rechargeable lithium batteries are 
significantly more susceptible than their Ni-Cd or lead-acid 
counterparts to thermal runway, which is an internal failure that can 
result in self-sustaining increases in temperature and pressure. 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 
can ignite, resulting in a self-sustaining fire or explosion. Finally, 
the severity of thermal runaway due to overcharging increases with 
increasing battery capacity due to the higher amount of electrolyte in 
large batteries.
    2. Over-discharging: Discharge of some types of rechargeable 
lithium battery cells beyond the manufacturer's recommended 
specification 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--a problem shared with Ni-Cd batteries. In 
addition, over-discharging has the potential to lead to an unsafe 
condition (creation of dendrites that could result in internal short 
circuit during the recharging cycle).
    3. Flammability of Cell Components: Unlike Ni-Cd and lead-acid 
batteries, some types of rechargeable lithium batteries use liquid 
electrolytes that are flammable. The electrolyte can 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 an unsafe 
condition during in service operation.
    5. Extreme Temperatures: Exposure to an extreme temperature 
environment has the potential to create major hazards. Care must be 
taken to ensure that the lithium battery remains within the 
manufacturer's recommended specification.
    These problems experienced by users of lithium batteries raise 
concern about the use of lithium batteries in aviation. The intent of 
the proposed special condition is to establish appropriate 
airworthiness standards for lithium battery installations in the Model 
A36 airplanes and to ensure, as required by Sec. Sec.  23.1309 and 
23.601, that these battery installations are not hazardous or 
unreliable.

Applicability

    The special conditions are applicable to the Model A36 airplane. 
Should Avionics apply at a later date for an STC to modify any other 
model included on Type Certificate No. 3A15, to incorporate the same 
novel or unusual design feature, the special conditions would apply to 
that model as well.

Conclusion

    This action affects only certain novel or unusual design features 
on the Model A36 airplane. It is not a rule of general applicability 
and affects only the applicant who applied to the FAA for approval of 
these features on the airplane.
    The substance of these special conditions has been subjected to the 
notice and comment period in several prior instances and has been 
derived without substantive change from those previously issued. It is 
unlikely that prior public comment would result in a significant change 
from the subject contained herein. Therefore, notice and opportunity 
for prior public comment hereon are unnecessary and the FAA finds good 
cause, in accordance with 5 U.S. Code Sec. Sec.  553(b)(3)(B) and 
553(d)(3), making these special conditions effective upon issuance. The 
FAA is requesting comments to allow interested persons to submit views 
that may not have been submitted in response to the prior opportunities 
for comment described above.

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 
21.101; 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 supplemental type certification basis for Beechcraft, Model A36 
airplanes modified by Avionics Design Services, Ltd.

1. Installation of Lithium Battery

    The FAA adopts that the following special conditions be applied to 
lithium battery installations on the Model A36 airplanes in lieu of the 
requirements Sec.  23.1353(a)(b)(c)(d)(e), amendment 49.

[[Page 69666]]

    Lithium battery installations on the Model A36 airplanes must be 
designed and installed as follows:
    a. Safe cell temperatures and pressures must be maintained during 
any probable charging or discharging condition, or during any failure 
of the charging or battery monitoring system not shown to be extremely 
remote. The lithium battery installation must be designed to preclude 
explosion or fire in the event of those failures.
    b. Lithium batteries must be designed to preclude the occurrence of 
self-sustaining, uncontrolled increases in temperature or pressure.
    c. No explosive or toxic gasses emitted by any lithium battery in 
normal operation or as the result of any failure of the battery 
charging or monitoring system, or battery installation not shown to be 
extremely remote, may accumulate in hazardous quantities within the 
airplane.
    d. Lithium batteries that contain flammable fluids must comply with 
the flammable fluid fire protection requirements of 14 CFR 23.863(a) 
through (d).
    e. No corrosive fluids or gases that may escape from any lithium 
battery may damage airplane structure or essential equipment.
    f. Each 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.
    g. Lithium battery installations must have--
    (1) A system to control the charging rate of the battery 
automatically to prevent battery overheating or overcharging, or
    (2) A battery temperature sensing and over-temperature warning 
system with a means for automatically disconnecting the battery from 
its charging source in the event of an over-temperature condition or,
    (3) A battery failure sensing and warning system with a means for 
automatically disconnecting the battery from its charging source in the 
event of battery failure.
    h. Any 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 capacity and state of charge of the batteries 
have fallen below levels considered acceptable for dispatch of the 
airplane.
    i. The ICAW must contain recommended manufacturer's maintenance and 
inspection requirements to ensure that batteries, including single 
cells, meet a functionally safe level essential to the aircraft's 
continued airworthiness.
    (1) The ICAW must contain operating instructions and equipment 
limitations in an installation maintenance manual.
    (2) The ICAW must contain installation procedures and limitations 
in a maintenance manual, sufficient to ensure that cells or batteries, 
when installed according to the installation procedures, still meet 
safety functional levels essential to the aircraft's continued 
airworthiness. The limitations must identify any unique aspects of the 
installation.
    (3) The ICAW must contain corrective maintenance procedures to 
check battery capacity at manufacturer's recommended inspection 
intervals.
    (4) The ICAW must contain scheduled servicing information to 
replace batteries at manufacturer's recommended replacement time.
    (5) The ICAW must contain maintenance and inspection requirements 
how to check visually for battery and charger degradation.
    j. Batteries in a rotating stock (spares) that have degraded charge 
retention capability or other damage due to prolonged storage must be 
checked at manufacturer's recommended inspection intervals.
    k. If the lithium battery application contains software and/or 
complex hardware, in accordance with AC 20-115 \5\ and AC 20-152,\6\ 
they should be developed to the standards of DO-178 for software and 
DO-254 for complex hardware.
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    Compliance with the requirements of this Special Condition must be 
shown by test or analysis, with the concurrence of the New York 
Aircraft Certification Office.

    Issued in Kansas City, Missouri on September 28, 2016.
William Schinstock,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-24343 Filed 10-6-16; 8:45 am]
 BILLING CODE 4910-13-P



                                                                   Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Rules and Regulations                                              69663

                                                frequently you would like to receive                    Amendment Number 2, Revision 1, on                    2016 (81 FR 47691) is effective October
                                                emails (daily, weekly, or monthly).                     February 1, 2016.                                     7, 2016.
                                                                                                           Amendment Number 2, Revision 1,                    FOR FURTHER INFORMATION CONTACT:
                                                List of Subjects in 10 CFR Part 72
                                                                                                        Effective Date: February 1, 2016.                     Michael T. Wilson, Policy Analyst,
                                                   Administrative practice and                             Amendment Number 3 Effective Date:                    Office of Regulatory Policy, Farm
                                                procedure, Criminal penalties,                          July 25, 2013, superseded by                             Credit Administration, McLean, VA
                                                Hazardous waste, Indians,                               Amendment Number 3, Revision 1, on                       22102–5090, (703) 883–4124, TTY
                                                Intergovernmental relations, Manpower                   February 1, 2016.                                        (703) 883–4056,
                                                training programs, Nuclear energy,                         Amendment Number 3, Revision 1,
                                                Nuclear materials, Occupational safety                  Effective Date: February 1, 2016.                     or
                                                and health, Penalties, Radiation                           Amendment Number 4 Effective Date:                 Autumn Agans, Attorney-Advisor,
                                                protection, Reporting and recordkeeping                 April 14, 2015.                                          Office of General Counsel, Farm
                                                requirements, Security measures, Spent                     Amendment Number 5 Effective Date:                    Credit Administration, McLean, VA
                                                fuel, Whistleblowing.                                   June 29, 2015.                                           22102–5090, (703) 883–4020, TTY
                                                   For the reasons set out in the                          Amendment Number 6 Effective Date:                    (703) 883–4056.
                                                preamble and under the authority of the                 December 21, 2016.                                    SUPPLEMENTARY INFORMATION: The Farm
                                                Atomic Energy Act of 1954, as amended;                     SAR Submitted by: NAC                              Credit Administration amended our
                                                the Energy Reorganization Act of 1974,                  International, Inc.                                   regulations to reflect changes to the
                                                as amended; the Nuclear Waste Policy                       SAR Title: Final Safety Analysis                   FCA’s organizational structure and
                                                Act of 1982, as amended; and 5 U.S.C.                   Report for the MAGNASTOR® System.                     correct the zip code for the field office
                                                552 and 553; the NRC is adopting the                       Docket Number: 72–1031.                            located in Irving, TX. In addition,
                                                following amendments to 10 CFR part                        Certificate Expiration Date: February
                                                72:                                                                                                           references in our regulations to various
                                                                                                        4, 2029.                                              FCA offices, which have changed, have
                                                                                                           Model Number: MAGNASTOR®.                          been revised. We also re-ordered the list
                                                PART 72—LICENSING
                                                REQUIREMENTS FOR THE                                    *     *     *     *     *                             of FCA offices into a more logical
                                                INDEPENDENT STORAGE OF SPENT                              Dated at Rockville, Maryland, this 23rd day         progression that is consistent with
                                                NUCLEAR FUEL, HIGH-LEVEL                                of September, 2016.                                   FCA’s organizational chart. In
                                                RADIOACTIVE WASTE, AND                                    For the Nuclear Regulatory Commission.              accordance with 12 U.S.C. 2252, the
                                                REACTOR-RELATED GREATER THAN                                                                                  effective date of the final rule is no
                                                                                                        Glenn M. Tracy,
                                                CLASS C WASTE                                                                                                 earlier than 30 days from the date of
                                                                                                        Acting Executive Director for Operations.             publication in the Federal Register
                                                ■ 1. The authority citation for part 72                 [FR Doc. 2016–24317 Filed 10–6–16; 8:45 am]           during which either or both Houses of
                                                continues to read as follows:                           BILLING CODE 7590–01–P                                Congress are in session. Based on the
                                                  Authority: Atomic Energy Act of 1954,                                                                       records of the sessions of Congress, the
                                                secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182,                                                               effective date of the regulations is
                                                183, 184, 186, 187, 189, 223, 234, 274 (42              FARM CREDIT ADMINISTRATION                            October 7, 2016.
                                                U.S.C. 2071, 2073, 2077, 2092, 2093, 2095,
                                                2099, 2111, 2201, 2210e, 2232, 2233, 2234,                                                                    (12 U.S.C. 2252(a)(9) and (10))
                                                                                                        12 CFR Parts 600, 602, 603, and 606
                                                2236, 2237, 2238, 2273, 2282, 2021); Energy                                                                   Dale L. Aultman,
                                                Reorganization Act of 1974, secs. 201, 202,             RIN 3052–AD17
                                                                                                                                                              Secretary, Farm Credit Administration Board.
                                                206, 211 (42 U.S.C. 5841, 5842, 5846, 5851);
                                                National Environmental Policy Act of 1969               FCA Organization; Updates and                         [FR Doc. 2016–24313 Filed 10–6–16; 8:45 am]
                                                (42 U.S.C. 4332); Nuclear Waste Policy Act              Technical Corrections                                 BILLING CODE 6705–01–P
                                                of 1982, secs. 117(a), 132, 133, 134, 135, 137,
                                                141, 145(g), 148, 218(a) (42 U.S.C. 10137(a),           AGENCY:   Farm Credit Administration.
                                                10152, 10153, 10154, 10155, 10157, 10161,               ACTION:   Notice of effective date.
                                                10165(g), 10168, 10198(a)); 44 U.S.C. 3504                                                                    DEPARTMENT OF TRANSPORTATION
                                                note.                                                   SUMMARY:   The Farm Credit                            Federal Aviation Administration
                                                ■ 2. In § 72.214, Certificate of                        Administration (FCA, we, Agency or
                                                Compliance 1031 is revised to read as                   our) amended our regulations to reflect               14 CFR Part 23
                                                follows:                                                changes to the FCA’s organizational
                                                                                                        structure and correct the zip code for                [Docket No. FAA–2016–9224; Special
                                                § 72.214 List of approved spent fuel                    the field office located in Irving, TX. In            Conditions No. 23–277–SC]
                                                storage casks.
                                                                                                        addition, references in our regulations
                                                *     *     *     *     *                               to various FCA offices, which have                    Special Conditions: Beechcraft, Model
                                                  Certificate Number: 1031.                             changed, have been revised. We also re-               A36, Bonanza Airplanes; as Modified
                                                  Initial Certificate Effective Date:                   ordered the list of FCA offices into a                by Avionics Design Services, Ltd.;
                                                February 4, 2009, superseded by Initial                 more logical progression that is                      Installation of Rechargeable Lithium
                                                Certificate, Revision 1, on February 1,                                                                       Battery
                                                                                                        consistent with FCA’s organizational
                                                2016.
                                                                                                        chart. In accordance with the law, the                AGENCY:  Federal Aviation
                                                  Initial Certificate, Revision 1, Effective
                                                Date: February 1, 2016.                                 effective date of the rule is no earlier              Administration (FAA), DOT.
                                                  Amendment Number 1 Effective Date:                    than 30 days from the date of
                                                                                                                                                              ACTION: Final special conditions; request
mstockstill on DSK3G9T082PROD with RULES




                                                August 30, 2010, superseded by                          publication in the Federal Register
                                                                                                                                                              for comments.
                                                Amendment Number 1, Revision 1, on                      during which either or both Houses of
                                                February 1, 2016.                                       Congress are in session.                              SUMMARY:   These special conditions are
                                                  Amendment Number 1, Revision 1,                       DATES: Effective Date: Under the                      issued for the Beechcraft, Model A36,
                                                Effective Date: February 1, 2016.                       authority of 12 U.S.C. 2252, the                      Bonanza airplane. This airplane, as
                                                  Amendment Number 2 Effective Date:                    regulation amending 12 CFR parts 600,                 modified by Avionics Design Services,
                                                January 30, 2012, superseded by                         602, 603, and 606 published on July 22,               Ltd., will have a novel or unusual


                                           VerDate Sep<11>2014   18:29 Oct 06, 2016   Jkt 241001   PO 00000   Frm 00005   Fmt 4700   Sfmt 4700   E:\FR\FM\07OCR1.SGM   07OCR1


                                                69664              Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Rules and Regulations

                                                design feature associated with the use of               Service, Small Airplane Directorate,                  lithium battery on the Model A36
                                                a replacement option of a lithium                       ACE–112, 901 Locust, Room 301,                        Bonanza airplane. The Model A36
                                                battery instead of nickel-cadmium and                   Kansas City, MO; telephone (816) 329–                 airplane is a normal category airplane,
                                                lead-acid rechargeable batteries. The                   4168; facsimile (816) 329–4090.                       powered by a single-piston engine that
                                                applicable airworthiness regulations do                 SUPPLEMENTARY INFORMATION: The FAA                    drives an aircraft propeller, with
                                                not contain adequate or appropriate                     has determined that notice and                        passenger seating up to six (6) and a
                                                safety standards for this design feature.               opportunity for prior public comment                  maximum takeoff weight of 3600
                                                These special conditions contain the                    hereon are impracticable because these                pounds.
                                                additional safety standards that the                    procedures would significantly delay                     The current regulatory requirements
                                                Administrator considers necessary to                    issuance of the approval design and                   for part 23 airplanes do not contain
                                                establish a level of safety equivalent to               thus delivery of the affected aircraft. In            adequate requirements for the
                                                that established by the existing                        addition, the FAA has determined, in                  application of rechargeable lithium
                                                airworthiness standards.                                accordance with 5 U.S. C. 553(b)(3)(B)                batteries in airborne applications. This
                                                DATES: The effective date of these                      and 553(d)(3), that notice and                        type of battery possesses certain failure
                                                special conditions is October 7, 2016.                  opportunity for prior public comment                  and operational characteristics with
                                                   We must receive your comments by                     hereon are unnecessary because the                    maintenance requirements that differ
                                                November 21, 2016.                                      substance of these special conditions                 significantly from that of the nickel-
                                                ADDRESSES: Send comments identified                     has been subject to the public comment                cadmium (Ni-Cd) and lead-acid
                                                by docket number FAA–2016–9224                          process in several prior instances with               rechargeable batteries currently
                                                using any of the following methods:                     no substantive comments received. The                 approved in other normal, utility,
                                                   • Federal eRegulations Portal: Go to                 FAA therefore finds that good cause                   acrobatic, and commuter category
                                                http://www.regulations.gov and follow                   exists for making these special                       airplanes. Therefore, the FAA is
                                                the online instructions for sending your                conditions effective upon issuance.                   proposing this special condition to
                                                comments electronically.                                                                                      address (1) all characteristics of the
                                                                                                         Special condi-                                       rechargeable lithium batteries and their
                                                   • Mail: Send comments to Docket                         tions No.          Company/airplane model
                                                Operations, M–30, U.S. Department of                                                                          installation that could affect safe
                                                Transportation (DOT), 1200 New Jersey                   23–15–01–           Kestrel Aircraft Company/         operation of the modified Model A36
                                                Avenue SE., Room W12–140, West                            SC 1.               Model K–350.                    airplane, and (2) appropriate
                                                Building Ground Floor, Washington,                      23–09–02SC 2        Cessna Aircraft Company/          Instructions for Continued
                                                DC, 20590–0001.                                                               Model 525C (CJ4).               Airworthiness (ICAW) that include
                                                   • Hand Delivery of Courier: Take                     23–08–05–           Spectrum Aeronautical, LLC/       maintenance requirements to ensure the
                                                                                                          SC 3.               Model 40.                       availability of electrical power from the
                                                comments to Docket Operations in
                                                Room W12–140 of the West Building                                                                             batteries when needed.
                                                Ground Floor at 1200 New Jersey                         Comments Invited
                                                                                                                                                              Type Certification Basis
                                                Avenue SE., Washington, DC, between 9                      We invite interested people to take
                                                a.m. and 5 p.m., Monday through                         part in this rulemaking by sending                       Under the provisions of Title 14, Code
                                                Friday, except Federal holidays.                        written comments, data, or views. The                 of Federal Regulations (CFR) 21.101,
                                                   • Fax: Fax comments to Docket                        most helpful comments reference a                     Avionics must show that the Model A36
                                                Operations at 202–493–2251.                             specific portion of the special                       airplane, as changed, continues to meet
                                                   Privacy: The FAA will post all                       conditions, explain the reason for any                the applicable provisions of the
                                                comments it receives, without change,                   recommended change, and include                       regulations incorporated by reference in
                                                to http://regulations.gov, including any                supporting data. We ask that you send                 Type Certificate Data Sheet No. 3A15 4
                                                personal information the commenter                      us two copies of written comments.                    or the applicable regulations in effect on
                                                provides. Using the search function of                     We will consider all comments we                   the date of application for the change.
                                                the docket Web site, anyone can find                    receive on or before the closing date for                If the Administrator finds that the
                                                and read the electronic form of all                     comments. We will consider comments                   applicable airworthiness regulations
                                                comments received into any FAA                          filed late if it is possible to do so                 (i.e., 14 CFR part 23) do not contain
                                                docket, including the name of the                       without incurring expense or delay. We                adequate or appropriate safety standards
                                                individual sending the comment (or                      may change these special conditions                   for the Model A36 airplane because of
                                                signing the comment for an association,                 based on the comments we receive.                     a novel or unusual design feature,
                                                business, labor union, etc.). DOT’s                                                                           special conditions are prescribed under
                                                                                                        Background                                            the provisions of § 21.16.
                                                complete Privacy Act Statement can be
                                                found in the Federal Register published                   On September 17, 2015, Avionics                        In addition to the applicable
                                                on April 11, 2000 (65 FR 19477–19478),                  Design Services, Ltd., (Avionics)                     airworthiness regulations and special
                                                as well as at http://DocketsInfo.dot.gov.               applied for a supplemental type                       conditions, the Model A36 airplane
                                                   Docket: Background documents or                      certificate (STC) to install a rechargeable           must comply with the fuel vent and
                                                comments received may be read at                                                                              exhaust emission requirements of 14
                                                http://www.regulations.gov at any time.
                                                                                                          1 http://rgl.faa.gov/Regulatory_and_Guidance_
                                                                                                                                                              CFR part 34 and the noise certification
                                                                                                        Library/rgSC.nsf/0/39B156C006EB842E86257EF            requirements of 14 CFR part 36.
                                                Follow the online instructions for                      3004BB13C?OpenDocument&Highlight=installation
                                                accessing the docket or go to the Docket                %20of%20rechargeable%20lithium%20battery.                The FAA issues special conditions, as
                                                Operations in Room W12–140 of the                         2 http://rgl.faa.gov/Regulatory_and_Guidance_       defined in § 11.19, under § 11.38 and
                                                                                                                                                              they become part of the type
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                                                West Building Ground Floor at 1200                      Library/rgSC.nsf/0/902232309C19F0D4862575
                                                                                                        CB0045AC0D?OpenDocument&Highlight=                    certification basis under § 21.101.
                                                New Jersey Avenue SE., Washington,                      installation%20of%20rechargeable%20lithium
                                                DC, between 9 a.m. and 5 p.m., Monday                   %20battery.
                                                                                                                                                                 Special conditions are initially
                                                through Friday, except Federal holidays.                  3 http://rgl.faa.gov/Regulatory_and_Guidance_       applicable to the models for which they
                                                                                                        Library/rgSC.nsf/0/28E630294DCC27
                                                FOR FURTHER INFORMATION CONTACT:
                                                                                                        B986257513005968A3?OpenDocument&Highlight=              4 http://rgl.faa.gov/Regulatory_and_Guidance_
                                                Quentin Coon, Federal Aviation                          installation%20of%20rechargeable%20lithium            Library/rgMakeModel.nsf/0/360C62B668
                                                Administration, Aircraft Certification                  %20battery.                                           F4C1878625801B0069FB5F?OpenDocument.



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                                                                   Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Rules and Regulations                                           69665

                                                are issued. Should the applicant apply                     1. Overcharging: In general,                       installations are not hazardous or
                                                for an STC to modify any other model                    rechargeable lithium batteries are                    unreliable.
                                                included on the same type certificate to                significantly more susceptible than their
                                                                                                                                                              Applicability
                                                incorporate the same novel or unusual                   Ni-Cd or lead-acid counterparts to
                                                design feature, these special conditions                thermal runway, which is an internal                    The special conditions are applicable
                                                would also apply to the other model                     failure that can result in self-sustaining            to the Model A36 airplane. Should
                                                under § 21.101.                                         increases in temperature and pressure.                Avionics apply at a later date for an STC
                                                                                                        This is especially true for overcharging              to modify any other model included on
                                                Novel or Unusual Design Features                                                                              Type Certificate No. 3A15, to
                                                                                                        which causes heating and
                                                   The Beechcraft Model A36 airplane                    destabilization of the components of the              incorporate the same novel or unusual
                                                will incorporate the following novel or                 cell, leading to the formation (by                    design feature, the special conditions
                                                unusual design features:                                plating) of highly unstable metallic                  would apply to that model as well.
                                                   The installation of a rechargeable                   lithium. The metallic lithium can ignite,
                                                lithium battery as a main or engine start                                                                     Conclusion
                                                                                                        resulting in a self-sustaining fire or
                                                aircraft battery.                                       explosion. Finally, the severity of                      This action affects only certain novel
                                                                                                        thermal runaway due to overcharging                   or unusual design features on the Model
                                                Discussion
                                                                                                        increases with increasing battery                     A36 airplane. It is not a rule of general
                                                   The applicable part 23 airworthiness                 capacity due to the higher amount of                  applicability and affects only the
                                                regulations governing the installation of               electrolyte in large batteries.                       applicant who applied to the FAA for
                                                batteries in general aviation airplanes,                   2. Over-discharging: Discharge of                  approval of these features on the
                                                including § 23.1353, were derived from                  some types of rechargeable lithium                    airplane.
                                                Civil Air Regulations (CAR) 3 as part of                battery cells beyond the manufacturer’s                  The substance of these special
                                                the recodification that established 14                  recommended specification can cause                   conditions has been subjected to the
                                                CFR part 23. The battery requirements,                  corrosion of the electrodes of the cell,              notice and comment period in several
                                                which are identified in § 23.1353, were                 resulting in loss of battery capacity that            prior instances and has been derived
                                                a rewording of the CAR requirements                     cannot be reversed by recharging. This                without substantive change from those
                                                that did not add any substantive                        loss of capacity may not be detected by               previously issued. It is unlikely that
                                                technical requirements. An increase in                  the simple voltage measurements                       prior public comment would result in a
                                                incidents involving battery fires and                   commonly available to flight crews as a               significant change from the subject
                                                failures that accompanied the increased                 means of checking battery status—a                    contained herein. Therefore, notice and
                                                use of Ni-Cd batteries in aircraft resulted             problem shared with Ni-Cd batteries. In               opportunity for prior public comment
                                                in rulemaking activities on the battery                 addition, over-discharging has the                    hereon are unnecessary and the FAA
                                                requirements for small airplanes. These                 potential to lead to an unsafe condition              finds good cause, in accordance with 5
                                                regulations were incorporated into                      (creation of dendrites that could result              U.S. Code §§ 553(b)(3)(B) and 553(d)(3),
                                                § 23.1353(f) and (g), which apply only to               in internal short circuit during the                  making these special conditions
                                                Ni-Cd battery installations.                            recharging cycle).                                    effective upon issuance. The FAA is
                                                   The introduction of lithium batteries                   3. Flammability of Cell Components:                requesting comments to allow interested
                                                into aircraft raises some concern about                 Unlike Ni-Cd and lead-acid batteries,                 persons to submit views that may not
                                                associated battery or cell monitoring                   some types of rechargeable lithium                    have been submitted in response to the
                                                systems and the impact to the electrical                batteries use liquid electrolytes that are            prior opportunities for comment
                                                system when monitoring components                       flammable. The electrolyte can serve as               described above.
                                                fail. Associated battery or cell                        a source of fuel for an external fire, if
                                                monitoring systems (e.g., temperature,                  there is a breach of the battery                      List of Subjects in 14 CFR Part 23
                                                state of charge, etc.) should be evaluated              container.                                              Aircraft, Aviation safety, Signs and
                                                with respect the expected extremes in                      4. Cell Internal Defects: The                      symbols.
                                                the aircraft operating environment.                     rechargeable lithium batteries and
                                                   Lithium batteries typically have                                                                           Citation
                                                                                                        rechargeable battery systems have a
                                                different electrical impedance                          history of undetected cell internal                   ■ The authority citation for these
                                                characteristics than Ni-Cd or lead-acid                 defects. These defects may or may not                 special conditions is as follows:
                                                batteries. Avionics needs to evaluate                   be detected during normal operational                   Authority: 49 U.S.C. 106(g), 40113 and
                                                other components of the aircraft                        evaluation, test and validation. This                 44701; 14 CFR 21.16 and 21.101; and 14 CFR
                                                electrical system with respect to these                 may lead to an unsafe condition during                11.38 and 11.19.
                                                characteristics.                                        in service operation.
                                                   Presently, there is limited experience                  5. Extreme Temperatures: Exposure to               The Special Conditions
                                                with use of rechargeable lithium                        an extreme temperature environment                      Accordingly, pursuant to the
                                                batteries and rechargeable lithium                      has the potential to create major                     authority delegated to me by the
                                                battery systems in applications                         hazards. Care must be taken to ensure                 Administrator, the following special
                                                involving commercial aviation.                          that the lithium battery remains within               conditions are issued as part of the
                                                However, other users of this technology,                the manufacturer’s recommended                        supplemental type certification basis for
                                                ranging from personal computers,                        specification.                                        Beechcraft, Model A36 airplanes
                                                wireless telephone manufacturers to the                    These problems experienced by users                modified by Avionics Design Services,
                                                electric vehicle industry, have noted                   of lithium batteries raise concern about              Ltd.
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                                                safety problems with rechargeable                       the use of lithium batteries in aviation.
                                                lithium batteries. These problems                       The intent of the proposed special                    1. Installation of Lithium Battery
                                                include overcharging, over-discharging,                 condition is to establish appropriate                    The FAA adopts that the following
                                                flammability of cell components, cell                   airworthiness standards for lithium                   special conditions be applied to lithium
                                                internal defects, and during exposure to                battery installations in the Model A36                battery installations on the Model A36
                                                extreme temperatures that are described                 airplanes and to ensure, as required by               airplanes in lieu of the requirements
                                                in the following paragraphs.                            §§ 23.1309 and 23.601, that these battery             § 23.1353(a)(b)(c)(d)(e), amendment 49.


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                                                69666              Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Rules and Regulations

                                                   Lithium battery installations on the                   i. The ICAW must contain                            DEPARTMENT OF TRANSPORTATION
                                                Model A36 airplanes must be designed                    recommended manufacturer’s
                                                and installed as follows:                               maintenance and inspection                            Federal Aviation Administration
                                                   a. Safe cell temperatures and                        requirements to ensure that batteries,
                                                pressures must be maintained during                     including single cells, meet a                        14 CFR Part 39
                                                any probable charging or discharging                    functionally safe level essential to the              [Docket No. FAA–2016–3986; Directorate
                                                condition, or during any failure of the                 aircraft’s continued airworthiness.                   Identifier 2015–NM–147–AD; Amendment
                                                charging or battery monitoring system                     (1) The ICAW must contain operating                 39–18661; AD 2016–19–12]
                                                not shown to be extremely remote. The                   instructions and equipment limitations                RIN 2120–AA64
                                                lithium battery installation must be                    in an installation maintenance manual.
                                                designed to preclude explosion or fire in                                                                     Airworthiness Directives; The Boeing
                                                the event of those failures.                              (2) The ICAW must contain
                                                                                                        installation procedures and limitations               Company Airplanes
                                                   b. Lithium batteries must be designed
                                                to preclude the occurrence of self-                     in a maintenance manual, sufficient to                AGENCY:  Federal Aviation
                                                sustaining, uncontrolled increases in                   ensure that cells or batteries, when                  Administration (FAA), DOT.
                                                temperature or pressure.                                installed according to the installation               ACTION: Final rule.
                                                   c. No explosive or toxic gasses                      procedures, still meet safety functional
                                                                                                        levels essential to the aircraft’s                    SUMMARY:   We are adopting a new
                                                emitted by any lithium battery in
                                                                                                        continued airworthiness. The                          airworthiness directive (AD) for certain
                                                normal operation or as the result of any
                                                                                                        limitations must identify any unique                  The Boeing Company Model 747–400,
                                                failure of the battery charging or                                                                            747–400D, and 747–400F series
                                                monitoring system, or battery                           aspects of the installation.
                                                                                                                                                              airplanes. This AD was prompted by a
                                                installation not shown to be extremely                    (3) The ICAW must contain corrective
                                                                                                                                                              determination that a certain fastener
                                                remote, may accumulate in hazardous                     maintenance procedures to check
                                                                                                                                                              type in the fuel tank walls has
                                                quantities within the airplane.                         battery capacity at manufacturer’s
                                                                                                                                                              insufficient bond to the structure, and
                                                   d. Lithium batteries that contain                    recommended inspection intervals.
                                                                                                                                                              an electrical wiring short could cause
                                                flammable fluids must comply with the                     (4) The ICAW must contain scheduled                 arcing to occur at the ends of fasteners
                                                flammable fluid fire protection                         servicing information to replace                      in the fuel tanks. This AD requires the
                                                requirements of 14 CFR 23.863(a)                        batteries at manufacturer’s                           installation of new clamps and
                                                through (d).                                            recommended replacement time.                         polytetrafluoroethylene (TFE) sleeves on
                                                   e. No corrosive fluids or gases that                                                                       the wire bundles of the front spars and
                                                                                                          (5) The ICAW must contain
                                                may escape from any lithium battery                                                                           rear spars of the wings. This AD also
                                                                                                        maintenance and inspection
                                                may damage airplane structure or                                                                              requires inspecting the existing TFE
                                                                                                        requirements how to check visually for
                                                essential equipment.                                                                                          sleeves under the wire bundle clamps
                                                                                                        battery and charger degradation.
                                                   f. Each lithium battery installation                                                                       for correct installation, and replacement
                                                must have provisions to prevent any                       j. Batteries in a rotating stock (spares)           if necessary. We are issuing this AD to
                                                hazardous effect on structure or                        that have degraded charge retention                   prevent potential ignition sources in the
                                                essential systems that may be caused by                 capability or other damage due to                     fuel tank in the event of a lightning
                                                the maximum amount of heat the                          prolonged storage must be checked at                  strike or high-powered short circuit, and
                                                battery can generate during a short                     manufacturer’s recommended                            consequent fire or explosion.
                                                circuit of the battery or of its individual             inspection intervals.
                                                                                                                                                              DATES: This AD is effective November
                                                cells.                                                    k. If the lithium battery application               14, 2016.
                                                   g. Lithium battery installations must                contains software and/or complex                         The Director of the Federal Register
                                                have—                                                   hardware, in accordance with AC 20–                   approved the incorporation by reference
                                                   (1) A system to control the charging                 115 5 and AC 20–152,6 they should be                  of a certain publication listed in this AD
                                                rate of the battery automatically to                    developed to the standards of DO–178                  as of November 14, 2016.
                                                prevent battery overheating or                          for software and DO–254 for complex                   ADDRESSES: For service information
                                                overcharging, or                                        hardware.                                             identified in this final rule, contact
                                                   (2) A battery temperature sensing and                  Compliance with the requirements of                 Boeing Commercial Airplanes,
                                                over-temperature warning system with a                  this Special Condition must be shown                  Attention: Data & Services Management,
                                                means for automatically disconnecting                   by test or analysis, with the concurrence             P.O. Box 3707, MC 2H–65, Seattle, WA
                                                the battery from its charging source in                 of the New York Aircraft Certification                98124–2207; telephone: 206–544–5000,
                                                the event of an over-temperature                        Office.                                               extension 1; fax: 206–766–5680;
                                                condition or,                                                                                                 Internet: https://
                                                   (3) A battery failure sensing and                      Issued in Kansas City, Missouri on
                                                                                                                                                              www.myboeingfleet.com. You may view
                                                warning system with a means for                         September 28, 2016.
                                                                                                                                                              this referenced service information at
                                                automatically disconnecting the battery                 William Schinstock,                                   the FAA, Transport Airplane
                                                from its charging source in the event of                Acting Manager, Small Airplane Directorate,           Directorate, 1601 Lind Avenue SW.,
                                                battery failure.                                        Aircraft Certification Service.                       Renton, WA. For information on the
                                                   h. Any lithium battery installation                  [FR Doc. 2016–24343 Filed 10–6–16; 8:45 am]           availability of this material at the FAA,
                                                functionally required for safe operation                BILLING CODE 4910–13–P                                call 425–227–1221. It is also available
                                                of the airplane, must incorporate a                                                                           on the Internet at http://
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                                                monitoring and warning feature that                       5 http://rgl.faa.gov/Regulatory_and_Guidance_       www.regulations.gov by searching for
                                                will provide an indication to the                       Library/rgAdvisoryCircular.nsf/0/E35FBC0060           and locating Docket No. FAA–2016–
                                                appropriate flight crewmembers,                         E2159186257BBE00719FB3?OpenDocument&                  3986.
                                                whenever the capacity and state of                      Highlight=ac%2020–115b.
                                                charge of the batteries have fallen below
                                                                                                          6 http://rgl.faa.gov/Regulatory_and_Guidance_
                                                                                                                                                              Examining the AD Docket
                                                                                                        Library/rgAdvisoryCircular.nsf/0/6D4AE0BF
                                                levels considered acceptable for                        1BDE3579862570360055D119?Open                           You may examine the AD docket on
                                                dispatch of the airplane.                               Document&Highlight=ac%2020–152.                       the Internet at http://


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Document Created: 2018-02-13 16:31:29
Document Modified: 2018-02-13 16:31:29
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; request for comments.
DatesThe effective date of these special conditions is October 7, 2016.
ContactQuentin Coon, Federal Aviation Administration, Aircraft Certification Service, Small Airplane Directorate, ACE-112, 901 Locust, Room 301, Kansas City, MO; telephone (816) 329-4168; facsimile (816) 329-4090.
FR Citation81 FR 69663 
CFR AssociatedAircraft; Aviation Safety and Signs and Symbols

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