81_FR_83336 81 FR 83112 - Special Conditions: Pilatus Aircraft, Ltd., Model PC-12, PC-12/45, and PC-12/47 Airplanes, Lithium Batteries

81 FR 83112 - 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 224 (November 21, 2016)

Page Range83112-83114
FR Document2016-28013

These special conditions are issued 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 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 224 (Monday, November 21, 2016)
[Federal Register Volume 81, Number 224 (Monday, November 21, 2016)]
[Rules and Regulations]
[Pages 83112-83114]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-28013]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 23

[Docket No. FAA-2016-9001; Special Conditions No. 23-278-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: Final special conditions.

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

SUMMARY: These special conditions are issued 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 
special conditions contain the additional safety standards that the 
Administrator considers necessary to establish a level of safety 
equivalent to that established by the existing airworthiness standards.

DATES: These special conditions are effective November 21, 2016 and are 
applicable on November 10, 2016.

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:

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, and PC-12/47 airplanes. The Model PC-12, PC-
12/45, and 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 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 issuing 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 airplanes, 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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    \1\ http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgMakeModel.nsf/0/6BCB00B1F3CA4EF886257FED0069EF2D?OpenDocument.
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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 PC-12/
47 airplanes 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 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.
    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

[[Page 83113]]

also apply to the other model 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 features: 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 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 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. 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 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.
    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 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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    (d) New requirements, in the 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.
    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.

Discussion of Comments

    Notice of proposed special conditions No. 23-16-02-SC for the 
Pilatus Aircraft, Ltd., Model PC-12, PC-12/45, and PC-12/47 Airplanes, 
Lithium Batteries was published in the Federal Register on August 24, 
2016 (81 FR 57810). No comments were received, and the special 
conditions are adopted as proposed.

Applicability

    The 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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    \5\ http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgMakeModel.nsf/0/6BCB00B1F3CA4EF886257FED0069EF2D?OpenDocument.
---------------------------------------------------------------------------

    Under standard practice, the effective date of final special 
conditions would be 30 days after the date of publication in the 
Federal Register; however, as the certification date for the Pilatus 
Aircraft, Ltd., Model PC-12, PC-12/45, and PC-12/47 airplanes is 
imminent, the FAA finds that good cause exists to make

[[Page 83114]]

these special conditions effective upon issuance.

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.

List of Subjects in 14 CFR Part 23

    Aircraft, Aviation safety, Signs and symbols.

Citation

    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 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: 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 geographic ACO. Alternate methods of compliance other than DO-311 
tests must be coordinated with the directorate and geographic ACO.

    Issued in Kansas City, Missouri, on November 10, 2016.
Mel Johnson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-28013 Filed 11-18-16; 8:45 am]
 BILLING CODE 4910-13-P



                                                  83112            Federal Register / Vol. 81, No. 224 / Monday, November 21, 2016 / Rules and Regulations

                                                  Executive Orders 13563 and 12866,                       eligibility requests, OPM may limit the               adequate requirements for the
                                                  Regulatory Review                                       coverage of intermittent employees                    application of rechargeable lithium
                                                    This rule has been reviewed by the                    under a health benefits plan to the                   batteries in airborne applications. This
                                                  Office of Management and Budget in                      periods of time during which they are                 type of battery possesses certain failure
                                                  accordance with Executive Orders                        in a pay status.                                      and operational characteristics with
                                                  13563 and 12866.                                        *     *      *    *     *                             maintenance requirements that differ
                                                                                                          [FR Doc. 2016–27901 Filed 11–18–16; 8:45 am]          significantly from that of the nickel-
                                                  Federalism                                              BILLING CODE 6325–63–P                                cadmium (Ni-Cd) and lead-acid
                                                     We have examined this rule in                                                                              rechargeable batteries currently
                                                  accordance with Executive Order 13132,                                                                        approved in other normal, utility,
                                                  ‘‘Federalism,’’ and have determined that                DEPARTMENT OF TRANSPORTATION                          acrobatic, and commuter category
                                                  this rule will not have any negative                                                                          airplanes. Therefore, the FAA is issuing
                                                  impact on the rights, roles and                         Federal Aviation Administration                       this special condition to address (1) all
                                                  responsibilities of State, local, or tribal                                                                   characteristics of the rechargeable
                                                  governments.                                            14 CFR Part 23                                        lithium batteries and their installation
                                                                                                          [Docket No. FAA–2016–9001; Special                    that could affect safe operation of the
                                                  List of Subjects in 5 CFR Part 890                                                                            modified Model PC–12, PC–12/45, and
                                                                                                          Conditions No. 23–278–SC]
                                                    Administrative practice and                                                                                 PC–12/47 airplanes, and (2) appropriate
                                                  procedure, Government employees,                        Special Conditions: Pilatus Aircraft,                 Instructions for Continued
                                                  Health facilities, Health insurance,                    Ltd., Model PC–12, PC–12/45, and PC–                  Airworthiness (ICAW) that include
                                                  Health professions, Hostages, Iraq,                     12/47 Airplanes, Lithium Batteries                    maintenance requirements to ensure the
                                                  Kuwait, Lebanon, Military personnel,                                                                          availability of electrical power from the
                                                  Reporting and recordkeeping                             AGENCY:  Federal Aviation                             batteries when needed.
                                                  requirements, Retirement.                               Administration (FAA), DOT.
                                                                                                          ACTION: Final special conditions.                     Type Certification Basis
                                                  U.S. Office of Personnel Management.
                                                  Beth F. Cobert,                                         SUMMARY:   These special conditions are                  Under the provisions of § 21.101,
                                                  Acting Director.                                        issued for the Pilatus Aircraft, Ltd.,                Finnoff Aviation must show that the
                                                                                                          Model PC–12, PC–12/45, and PC–12/47                   Model PC–12, PC–12/45, and PC–12/47
                                                    Accordingly, OPM is amending 5 CFR                                                                          airplanes, as changed, continue to meet
                                                  part 890 as follows:                                    airplanes. This airplane as modified by
                                                                                                          Finnoff Aviation will have a novel or                 the applicable provisions of the
                                                                                                          unusual design feature associated with                regulations incorporated by reference in
                                                  PART 890—FEDERAL EMPLOYEES
                                                                                                          the installation of a rechargeable lithium            Type Certificate No. A78EU 1 or the
                                                  HEALTH BENEFITS PROGRAM
                                                                                                          battery. The applicable airworthiness                 applicable regulations in effect on the
                                                  ■ 1. The authority citation for part 890                regulations do not contain adequate or                date of application for the change.
                                                  continues to read as follows:                           appropriate safety standards for this                    If the Administrator finds that the
                                                    Authority: 5 U.S.C. 8913; Sec. 890.301                design feature. These special conditions              applicable airworthiness regulations
                                                  also issued under sec. 311 of Pub. L. 111–03,           contain the additional safety standards               (i.e., 14 CFR part 23) do not contain
                                                  123 Stat. 64; Sec. 890.111 also issued under            that the Administrator considers                      adequate or appropriate safety standards
                                                  section 1622(b) of Pub. L. 104–106, 110 Stat.           necessary to establish a level of safety              for the Model PC–12, PC–12/45, and
                                                  521; Sec. 890.112 also issued under section             equivalent to that established by the                 PC–12/47 airplanes because of a novel
                                                  1 of Pub. L. 110–279, 122 Stat. 2604; 5 U.S.C.          existing airworthiness standards.                     or unusual design feature, special
                                                  8913; Sec. 890.803 also issued under 50                 DATES: These special conditions are                   conditions are prescribed under the
                                                  U.S.C. 403p, 22 U.S.C. 4069c and 4069c–1;                                                                     provisions of § 21.16.
                                                                                                          effective November 21, 2016 and are
                                                  subpart L also issued under sec. 599C of Pub.
                                                  L. 101–513, 104 Stat. 2064, as amended; Sec.            applicable on November 10, 2016.                         In addition to the applicable
                                                  890.102 also issued under sections 11202(f),            FOR FURTHER INFORMATION CONTACT:                      airworthiness regulations and special
                                                  11232(e), 11246 (b) and (c) of Pub. L. 105–             Ruth Hirt, Federal Aviation                           conditions, the Model PC–12, PC–12/45,
                                                  33, 111 Stat. 251; and section 721 of Pub. L.           Administration, Programs and                          and PC–12/47 airplanes must comply
                                                  105–261, 112 Stat. 2061.                                Procedures, ACE–114, Small Airplane                   with the fuel vent and exhaust emission
                                                  ■ 2. Section 890.102 is amended by                      Directorate, Aircraft Certification                   requirements of 14 CFR part 34 and the
                                                  revising paragraphs (h) and (i) to read as              Service, 901 Locust; Kansas City,                     noise certification requirements of 14
                                                  follows:                                                Missouri 64106; telephone (816) 329–                  CFR part 36.
                                                                                                          4108; facsimile (816) 329–4090.                          The FAA issues special conditions, as
                                                  § 890.102   Coverage.                                   SUPPLEMENTARY INFORMATION:                            defined in 14 CFR 11.19, in accordance
                                                  *      *    *      *    *                                                                                     with § 11.38, and they become part of
                                                     (h) Notwithstanding paragraphs (c)(1)                Background                                            the type-certification basis under
                                                  and (2) of this section, an employee who                  On September 28, 2015, Finnoff                      § 21.101.
                                                  is in a position identified by OPM that                 Aviation applied for a supplemental                      Special conditions are initially
                                                  provides emergency response services                    type certificate for installation of a                applicable to the model for which they
                                                  for wildland fire protection is eligible to             rechargeable lithium battery in the                   are issued. Should the applicant apply
                                                  be enrolled in a health benefits plan                   Model PC–12, PC–12/45, and PC–12/47                   for a supplemental type certificate to
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  under this part.                                        airplanes. The Model PC–12, PC–12/45,                 modify any other model included on the
                                                     (i) Notwithstanding paragraphs (c)(1)                and PC–12/47 airplanes are single-                    same type certificate to incorporate the
                                                  through (3) of this section, upon request               engine turboprop-powered business                     same or similar novel or unusual design
                                                  by the employing agency, OPM may                        aircraft that can accommodate up to                   feature, the special conditions would
                                                  grant eligibility to employees                          nine passengers with a take-off weight
                                                  performing similar types of emergency                   up to 10,450 pounds.                                    1 http://rgl.faa.gov/Regulatory_and_Guidance_
                                                  response services to enroll in a health                   The current regulatory requirements                 Library/rgMakeModel.nsf/0/6BCB00B1F3CA4EF8
                                                  benefits plan under this part. In granting              for part 23 airplanes do not contain                  86257FED0069EF2D?OpenDocument.



                                             VerDate Sep<11>2014   17:02 Nov 18, 2016   Jkt 241001   PO 00000   Frm 00006   Fmt 4700   Sfmt 4700   E:\FR\FM\21NOR1.SGM   21NOR1


                                                                   Federal Register / Vol. 81, No. 224 / Monday, November 21, 2016 / Rules and Regulations                                            83113

                                                  also apply to the other model under                     fuel for an external fire, if there is a              Advisory Circular AC 20–115C 3 and
                                                  § 21.101.                                               breach of the battery container.                      Advisory Circular AC 20–152).4
                                                                                                             4. Cell Internal Defects: The                        (d) New requirements, in the special
                                                  Novel or Unusual Design Features
                                                                                                          rechargeable lithium batteries and                    conditions section, address the hazards
                                                     The Model PC–12, PC–12/45, and PC–                   rechargeable battery systems have a                   of overcharging and over-discharging
                                                  12/47 airplanes will incorporate the                    history of undetected cell internal                   that are unique to lithium batteries,
                                                  following novel or unusual design                       defects. These defects may or may not                 which should be applied to all
                                                  features: Installation of a rechargeable                be detected during normal operational                 rechargeable lithium battery and battery
                                                  lithium battery as the main or engine                   evaluation, test, and validation. This                installations on the Model PC–12, PC–
                                                  start aircraft battery.                                 may lead to unsafe conditions when                    12/45, and PC–12/47 airplanes in lieu of
                                                  Discussion                                              operating in service.                                 the requirements of
                                                                                                             5. Extreme Temperatures: Exposure to               § 23.1353(a)(b)(c)(d)(e), amendment 23–
                                                     Presently, there is limited experience
                                                                                                          an extreme temperature environment                    49.
                                                  with use of rechargeable lithium
                                                                                                          has the potential to create major                       These special conditions are not
                                                  batteries and rechargeable lithium
                                                                                                          hazards. Care must be taken to ensure                 intended to replace
                                                  battery systems in applications
                                                                                                          that the lithium battery remains within               § 23.1353(a)(b)(c)(d)(e) at amendment
                                                  involving commercial aviation.
                                                                                                          the manufacturer’s recommended                        23–49 in the certification basis of Model
                                                  However, other users of this technology,
                                                                                                          specification.                                        PC–12, PC–12/45, and PC–12/47
                                                  ranging from personal computers,
                                                                                                             These problems experienced by users                airplanes. These special conditions
                                                  wireless telephone manufacturers to the
                                                                                                          of lithium batteries raise concern about              apply only to rechargeable lithium
                                                  electric vehicle industry, have noted
                                                                                                          the use of these batteries in commercial              batteries and lithium battery systems
                                                  safety problems with rechargeable
                                                  lithium batteries. These problems                       aviation. The intent of the special                   and their installations. The
                                                  include overcharging, over-discharging,                 condition is to establish appropriate                 requirements of § 25.1353 at amendment
                                                  flammability of cell components, cell                   airworthiness standards for lithium                   23–49 remains in effect for batteries and
                                                  internal defects, and during exposure to                battery installations in the Model PC–                battery installations on Model PC–12,
                                                  extreme temperatures that are described                 12, PC–12/45, and PC–12/47 airplanes                  PC–12/45, and PC–12/47 airplanes that
                                                  in the following paragraphs.                            and to ensure, as required by §§ 23.1309              do not use rechargeable lithium
                                                     1. Overcharging: In general,                         and 23.601, that these battery                        batteries.
                                                  rechargeable lithium batteries are                      installations are neither hazardous nor               Discussion of Comments
                                                  significantly more susceptible than their               unreliable.
                                                                                                             In summary, the lithium battery                      Notice of proposed special conditions
                                                  Ni-Cd or lead-acid counterparts to
                                                                                                          installation will consider the following              No. 23–16–02–SC for the Pilatus
                                                  thermal runway, which is an internal
                                                                                                          items:                                                Aircraft, Ltd., Model PC–12, PC–12/45,
                                                  failure that can result in self-sustaining
                                                                                                                                                                and PC–12/47 Airplanes, Lithium
                                                  increases in temperature and pressure.                     (a) The flammable fluid fire protection
                                                                                                                                                                Batteries was published in the Federal
                                                  This is especially true for overcharging                requirement is § 23.863. In the past, this
                                                                                                                                                                Register on August 24, 2016 (81 FR
                                                  which causes heating and                                rule was not applied to batteries of
                                                                                                                                                                57810). No comments were received,
                                                  destabilization of the components of the                normal, utility, acrobatic, and commuter
                                                                                                                                                                and the special conditions are adopted
                                                  cell, leading to the formation (by                      category airplanes since the electrolytes
                                                                                                                                                                as proposed.
                                                  plating) of highly unstable metallic                    utilized in Ni-Cd and lead-acid batteries
                                                  lithium. The metallic lithium can ignite,               are not flammable.                                    Applicability
                                                  resulting in a self-sustaining fire or                     (b) New Instructions for Continuous                   The special conditions are applicable
                                                  explosion. Finally, the severity of                     Airworthiness that include maintenance                to the Model PC–12, PC–12/45, and PC–
                                                  thermal runaway due to overcharging                     requirements to ensure that batteries                 12/47 airplanes. Should Finnoff
                                                  increases with increasing battery                       used as spares have been maintained in                Aviation apply at a later date for a
                                                  capacity due to the higher amount of                    an appropriate state of charge and                    supplemental type certificate to modify
                                                  electrolyte in large batteries.                         installed lithium batteries have been                 any other model included on Type
                                                     2. Over-discharging: Discharge of                    sufficiently charged at appropriate                   Certificate No. A78EU 5 to incorporate
                                                  some types of lithium battery cells                     intervals. These instructions must also               the same novel or unusual design
                                                  beyond a certain voltage (typically 2.4                 describe proper repairs, if allowed, and              feature, the special conditions would
                                                  volts) can cause corrosion of the                       battery part number configuration                     apply to that model as well.
                                                  electrodes of the cell, resulting in loss               control.                                                 Under standard practice, the effective
                                                  of battery capacity that cannot be                         (c) The applicant must conduct a                   date of final special conditions would
                                                  reversed by recharging. This loss of                    system safety assessment for the failure              be 30 days after the date of publication
                                                  capacity may not be detected by the                     condition classification of a failure of              in the Federal Register; however, as the
                                                  simple voltage measurements                             the battery charging and monitoring                   certification date for the Pilatus Aircraft,
                                                  commonly available to flight crews as a                 functionality (per Advisory Circular AC               Ltd., Model PC–12, PC–12/45, and PC–
                                                  means of checking battery status, which                 23.1309–1E),2 and develop mitigation to               12/47 airplanes is imminent, the FAA
                                                  is a problem shared with Ni-Cd                          preclude any adverse safety effects.                  finds that good cause exists to make
                                                  batteries. In addition, over-discharging                Mitigation may include software,
                                                  has the potential to lead to an unsafe                  Airborne Electronic Hardware (AEH) or
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                                                                                                                                                                  3 http://rgl.faa.gov/Regulatory_and_Guidance_
                                                  condition (creation of dendrites that                   a combination of software and                         Library/rgAdvisoryCircular.nsf/0/e35fbc0060e
                                                  could result in internal short circuit                  hardware, which should be developed                   2159186257bbe00719fb3/$FILE/AC20-115C.pdf.
                                                  during the recharging cycle).                           to the appropriate Design Assurance                     4 http://rgl.faa.gov/Regulatory_and_Guidance

                                                     3. Flammability of Cell Components:                                                                        _Library/rgAdvisoryCircular.nsf/0/6d4ae0bf1b
                                                                                                          Level(s) (DALs), respectively (per                    de3579862570360055d119/$FILE/AC%2020-
                                                  Unlike Ni-Cd and lead-acid batteries,
                                                                                                                                                                152.pdf.
                                                  some types of lithium batteries use                       2 http://rgl.faa.gov/Regulatory_and_Guidance          5 http://rgl.faa.gov/Regulatory_and_Guidance
                                                  liquid electrolytes that are flammable.                 _Library/rgAdvisoryCircular.nsf/0/719e41e1d26         _Library/rgMakeModel.nsf/0/6BCB00B1F3CA4EF88
                                                  The electrolyte may serve as a source of                099108625795d005d5302/$FILE/23.1309-1E.pdf.           6257FED0069EF2D?OpenDocument.



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                                                  83114            Federal Register / Vol. 81, No. 224 / Monday, November 21, 2016 / Rules and Regulations

                                                  these special conditions effective upon                 systems, equipment, electrical wiring, or             a charge, expressed in ampere-hours, to
                                                  issuance.                                               the airplane in such a way as to cause                ensure that the battery cells will not be
                                                                                                          a major or more severe failure condition,             damaged. A battery cell may be damaged by
                                                  Conclusion                                                                                                    lowering the charge below a point where
                                                                                                          in accordance with § 23.1309(c) at
                                                                                                                                                                there is a reduction in the ability to charge
                                                    This action affects only certain novel                amendment 23–62 and applicable                        and retain a full charge. This reduction
                                                  or unusual design features on one model                 regulatory guidance.                                  would be greater than the reduction that may
                                                  series of airplanes. It is not a rule of                   (7) Each rechargeable lithium battery              result from normal operational degradation.
                                                  general applicability and it affects only               installation must have provisions to
                                                                                                                                                                  (11) In showing compliance with the
                                                  the applicant who applied to the FAA                    prevent any hazardous effect on
                                                                                                                                                                proposed special conditions herein,
                                                  for approval of these features on the                   structure or essential systems that may
                                                                                                                                                                paragraphs (1) through (8), and the
                                                  airplane.                                               be caused by the maximum amount of
                                                                                                                                                                RTCA document, Minimum Operational
                                                                                                          heat the battery can generate during a
                                                  List of Subjects in 14 CFR Part 23                                                                            Performance Standards for Rechargeable
                                                                                                          short circuit of the battery or of its
                                                    Aircraft, Aviation safety, Signs and                                                                        Lithium Battery Systems, DO–311, may
                                                                                                          individual cells.
                                                  symbols.                                                   (8) Rechargeable lithium battery                   be used. The list of planned DO–311
                                                                                                          installations must have—                              tests should be documented in the
                                                  Citation                                                   i. A system to automatically control               certification or compliance plan and
                                                    The authority citation for these                      the charging rate of the battery to                   agreed to by the geographic ACO.
                                                  special conditions is as follows:                       prevent battery overheating and                       Alternate methods of compliance other
                                                                                                          overcharging, or;                                     than DO–311 tests must be coordinated
                                                    Authority: 49 U.S.C. 106(g), 40113 and                                                                      with the directorate and geographic
                                                  44701; 14 CFR 21.16 and 21.101; and 14 CFR                 ii. A battery temperature sensing and
                                                  11.38 and 11.19.                                        over-temperature warning system with a                ACO.
                                                                                                          means for automatically disconnecting                   Issued in Kansas City, Missouri, on
                                                  The Special Conditions                                  the battery from its charging source in               November 10, 2016.
                                                     Accordingly, pursuant to the                         the event of an over-temperature                      Mel Johnson,
                                                  authority delegated to me by the                        condition, or;                                        Acting Manager, Small Airplane Directorate,
                                                  Administrator, the following special                       iii. A battery failure sensing and                 Aircraft Certification Service.
                                                  conditions are issued as part of the type               warning system with a means for                       [FR Doc. 2016–28013 Filed 11–18–16; 8:45 am]
                                                  certification basis for Pilatus Aircraft,               automatically disconnecting the battery               BILLING CODE 4910–13–P
                                                  Ltd., Model PC–12, PC–12/45, and PC–                    from its charging source in the event of
                                                  12/47 airplanes modified by Finnoff                     battery failure.
                                                  Aviation.                                                  (9) Any rechargeable lithium battery               DEPARTMENT OF COMMERCE
                                                     1. Installation of Lithium Batteries                 installation functionally required for
                                                  must show compliance to the following                   safe operation of the airplane must                   Bureau of Industry and Security
                                                  requirements:                                           incorporate a monitoring and warning
                                                     (1) Safe cell temperatures and                       feature that will provide an indication               15 CFR Parts 770 and 774
                                                  pressures must be maintained during—                    to the appropriate flight crewmembers
                                                                                                          whenever the State of Charge (SOC) of                 [Docket No. 151030999–6552–02]
                                                     i. Normal operations;
                                                     ii. Any probable failure conditions of               the batteries has fallen below levels                 RIN 0694–AG76
                                                  charging or discharging or battery                      considered acceptable for dispatch of
                                                  monitoring system;                                      the airplane.                                         Clarifications and Revisions to Military
                                                     iii. Any failure of the charging or                     (10) The Instructions for Continued                Aircraft, Gas Turbine Engines and
                                                  battery monitoring system not shown to                  Airworthiness required by § 23.1529 at                Related Items License Requirements
                                                  be extremely remote.                                    amendment 23–26 must contain
                                                                                                          maintenance requirements to assure that               AGENCY:  Bureau of Industry and
                                                     (2) The rechargeable lithium battery                                                                       Security, Department of Commerce.
                                                  installation must be designed to                        the battery has been sufficiently charged
                                                                                                          at appropriate intervals specified by the             ACTION: Final rule.
                                                  preclude explosion or fire in the event
                                                  of (1)(ii) and (1)(iii) failures.                       battery manufacturer and the equipment                SUMMARY:   This rule modifies the
                                                     (3) Design of the rechargeable lithium               manufacturer that contain the                         Commerce Control List (CCL) entries for
                                                  batteries must preclude the occurrence                  rechargeable lithium battery or                       two types of items: Military aircraft and
                                                  of self-sustaining, uncontrolled                        rechargeable lithium battery system.                  related items, and military gas turbine
                                                  increases in temperature or pressure.                   This is required to ensure that lithium               engines and related items. The rule adds
                                                     (4) No explosive or toxic gasses                     rechargeable batteries and lithium                    clarifying text to the descriptions of the
                                                  emitted by any rechargeable lithium                     rechargeable battery systems will not                 types of military aircraft controlled on
                                                  battery in normal operation or as the                   degrade below specified ampere-hour                   the CCL. The lists of items that are
                                                  result of any failure of the battery                    levels sufficient to power the aircraft               subject only to the anti-terrorism reason
                                                  charging system, monitoring system, or                  system. The Instructions for Continued                for control are clarified and expanded.
                                                  battery installation which is not shown                 Airworthiness must also contain                       This rule, which is being published
                                                  to be extremely remote, may accumulate                  procedures for the maintenance of                     simultaneously with a rule by the
                                                  in hazardous quantities within the                      replacement batteries in spares storage               Department of State, is based on a
                                                  airplane.                                               to prevent the installation of batteries              review of Categories VIII and XIX of the
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                                                     (5) Installations of rechargeable                    that have degraded charge retention                   United States Munitions List (USML).
                                                  lithium batteries must meet the                         ability or other damage due to                        This rule and the related Department of
                                                  requirements of § 23.863(a) through (d)                 prolonged storage at a low state of                   State rule are part of a plan to review
                                                  at amendment 23–34.                                     charge. Replacement batteries must be                 rules published as part of the Export
                                                     (6) No corrosive fluids or gases that                of the same manufacturer and part                     Control Reform Initiative (ECRI). This
                                                  may escape from any rechargeable                        number as approved by the FAA.                        rule also furthers the retrospective
                                                  lithium battery may damage                               Note: The term ‘‘sufficiently charged’’              regulatory review directed by the
                                                  surrounding structure or any adjacent                   means that the battery will retain enough of          President in Executive Order 13563.


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Document Created: 2018-02-14 08:33:51
Document Modified: 2018-02-14 08:33:51
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal special conditions.
DatesThese special conditions are effective November 21, 2016 and are applicable on November 10, 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 83112 
CFR AssociatedAircraft; Aviation Safety and Signs and Symbols

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