83 FR 3062 - Special Conditions: Preferred Improvements, LLC, Boeing Model DC3C Airplanes; Rechargeable Lithium Batteries
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 83, Issue 15 (January 23, 2018)
Federal Aviation Administration
Federal Register Volume 83, Issue 15 (January 23, 2018)
| Page Range | 3062-3064 | |
| FR Document | 2018-01102 |
[Federal Register Volume 83, Number 15 (Tuesday, January 23, 2018)] [Rules and Regulations] [Pages 3062-3064] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-01102] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 25 [Docket No. FAA-2018-0035; Special Conditions No. 25-714-SC] Special Conditions: Preferred Improvements, LLC, Boeing Model DC3C Airplanes; Rechargeable Lithium Batteries AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final special conditions; request for comments. ----------------------------------------------------------------------- SUMMARY: These special conditions are issued for Boeing Model DC3C airplanes as modified by Preferred Improvements, LLC. These airplanes will have a novel or unusual design feature when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. This design feature is rechargeable lithium ion backup battery packs installed on the airplanes. The applicable airworthiness regulations do not contain adequate or appropriate [[Page 3063]] 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: This action is effective on Preferred Improvements, LLC, on January 23, 2018. Send your comments by March 9, 2018. ADDRESSES: Send comments identified by docket number FAA-2018-0035 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 or Courier: Take comments to Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Fax: Fax comments to Docket Operations at 202-493-2251. Privacy: The FAA will post all comments it receives, without change, to http://www.regulations.gov/, including any personal information the commenter provides. Using the search function of the docket website, 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). 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 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: Nazih Khaouly, Airplane & Flight Crew Interface Section, AIR-671, Transport Standards Branch, Policy & Innovation Division, Aircraft Certification Service, Federal Aviation Administration, 1601 Lind Avenue SW, Renton, Washington 98057-3356; telephone (425) 227-2432; facsimile (425) 227-1320; email [email protected]. SUPPLEMENTARY INFORMATION: The FAA has determined that notice of, and opportunity for prior public comment on, these special conditions is impracticable because these procedures would significantly delay issuance of the design approval and thus delivery of the affected airplanes. In addition, the substance of these special conditions has been published in the Federal Register for public comment in several prior instances with no substantive comments received. The FAA, therefore, finds it unnecessary to delay the effective date, and finds good cause for making these special conditions effective upon publication in the Federal Register. 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 will consider all comments we receive by the closing date for comments. We may change these special conditions based on the comments we receive. Background On February 1, 2017, Preferred Improvements, LLC, applied for a supplemental type certificate to install a Saab Grintek Impi II tracking system on Boeing Model DC3C airplanes. The tracking system sends altitude and speed information to a ground station via a modem, which contains a rechargeable lithium ion battery. The Boeing Model DC3C airplane is a narrow-body transport category airplane powered by twin-turbine/piston wing-mounted engines. The airplane has a maximum takeoff weight of 26,900 pounds with seating for 2 crewmembers and 32 passengers. Type Certification Basis Under the provisions of title 14, Code of Federal Regulations (14 CFR) 21.101, Preferred Improvements, LLC, must show that the Boeing Model DC3C airplanes, as changed, continue to meet the applicable provisions of the regulations listed in Type Certificate No. A669, or the applicable regulations in effect on the date of application for the change, except for earlier amendments as agreed upon by the FAA. If the Administrator finds that the applicable airworthiness regulations (i.e., 14 CFR part 25) do not contain adequate or appropriate safety standards for these airplanes, as modified by Preferred Improvements, LLC, because of a novel or unusual design feature, special conditions are prescribed under the provisions of Sec. 21.16. Special conditions are initially applicable to the models for which they are issued. Should the applicant apply for a supplemental type certificate to modify any other models included on the same type certificates to incorporate the same novel or unusual design feature, these special conditions would also apply to the other models under Sec. 21.101. In addition to the applicable airworthiness regulations and special conditions, Boeing Model DC3C airplanes, as modified by Preferred Improvements, LLC, must comply with the fuel vent and exhaust emission requirements of 14 CFR part 34, and the noise certification requirements of 14 CFR part 36. The FAA issues special conditions, as defined in 14 CFR 11.19, in accordance with Sec. 11.38, and they become part of the type certification basis under Sec. 21.101. Novel or Unusual Design Features Boeing Model DC3C airplanes, as modified by Preferred Improvements, LLC, will incorporate the following novel or unusual design feature: airplane tracking system with a modem containing a rechargeable lithium ion battery. The battery system consists of the battery, battery charger, and any protective, monitoring, and alerting circuitry or hardware inside or outside of the battery. It also includes vents (where necessary) and packaging. For the purpose of these special conditions, a battery and battery system are referred to as a battery. Discussion Rechargeable lithium batteries are considered to be a novel or unusual design feature in transport category airplanes, with respect to the requirements in Sec. 25.1353. This type of battery has certain failure, operational, and maintenance characteristics that differ significantly from those of the nickel-cadmium and lead-acid rechargeable batteries currently approved for installation on transport category airplanes. These batteries introduce higher energy levels into airplane systems through new chemical compositions in various battery- cell sizes and construction. Interconnection of these cells in battery packs introduces failure modes that require unique design considerations, such as provisions for thermal management. [[Page 3064]] Special Condition 1 requires that each individual cell within a rechargeable lithium battery be designed to maintain safe temperatures and pressures. Special Condition 2 addresses these same issues but for the entire battery. Special Condition 2 requires the battery be designed to prevent propagation of a thermal event, such as self- sustained, uncontrolled increases in temperature or pressure from one cell to adjacent cells. Special Conditions 1 and 2 are intended to ensure that the cells and battery are designed to eliminate the potential for uncontrollable failures. However, a certain number of failures will occur due to various factors beyond the control of the designer. Therefore, other special conditions are intended to protect the airplane and its occupants if failure occurs. Special Conditions 3, 7, and 8 are self-explanatory. Special Condition 4 clarifies that the flammable fluid fire- protection requirements of Sec. 25.863 apply to rechargeable lithium battery installations. Section 25.863 is applicable to areas of the airplane that could be exposed to flammable fluid leakage from airplane systems. Rechargeable lithium batteries contain electrolyte that is a flammable fluid. Special Condition 5 requires each rechargeable lithium battery installation to not damage surrounding structure or adjacent systems, equipment, or electrical wiring from corrosive fluids or gases that may escape in such a way as to cause a major or more severe failure condition. Special Condition 6 requires each rechargeable lithium battery installation to have provisions to prevent any hazardous effect on airplane structure or systems caused by the maximum amount of heat it can generate due to any failure of it or its individual cells. The means of meeting special conditions 5 and 6 may be the same, but they are independent requirements addressing different hazards. Special Condition 5 addresses corrosive fluids and gases, whereas Special Condition 6 addresses heat. Special Condition 9 requires rechargeable lithium batteries to have ``automatic'' means due to the fast acting nature of lithium battery chemical reactions. Manual intervention would not be timely or effective in mitigating the hazards associated with these batteries. These conditions apply to all rechargeable lithium battery installations in lieu of Sec. 25.1353(b)(1) through (4) at amendment 25-123, or Sec. 25.1353(c)(1) through (4) at earlier amendments. These regulations will remain in effect for other battery installations on these airplanes. 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. Applicability As discussed above, these special conditions are applicable to Boeing Model DC3C airplanes as modified by Preferred Improvements, LLC. Should Preferred Improvements, LLC, apply at a later date for a supplemental type certificate to modify any other model included on Type Certificate No. A699 to incorporate the same novel or unusual design feature, these special conditions would apply to those models as well. Conclusion This action affects only a certain novel or unusual design feature on one model of airplane. It is not a rule of general applicability. List of Subjects in 14 CFR Part 25 Aircraft, Aviation safety, Reporting and recordkeeping requirements. The authority citation for these special conditions is as follows: Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701, 44702, 44704. 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 Boeing Model DC3C airplanes as modified by Preferred Improvements, LLC. Rechargeable Lithium Battery Installations In lieu of Sec. 25.1353(b)(1) through (4) at amendment 25-123, or Sec. 25.1353(c)(1) through (4) at earlier amendments, each rechargeable lithium battery installation must: 1. Be designed to maintain safe cell temperatures and pressures under all foreseeable operating conditions to prevent fire and explosion. 2. Be designed to prevent the occurrence of self-sustaining, uncontrollable increases in temperature or pressure, and automatically control the charge rate of each cell to protect against adverse operating conditions, such as cell imbalance, back charging, overcharging and overheating. 3. Not emit explosive or toxic gases, either in normal operation or as a result of its failure that may accumulate in hazardous quantities within the airplane. 4. Meet the requirements of Sec. 25.863. 5. Not damage surrounding structure or adjacent systems, equipment, or electrical wiring from corrosive fluids or gases that may escape in such a way as to cause a major or more-severe failure condition. 6. Have provisions to prevent any hazardous effect on airplane structure or systems caused by the maximum amount of heat it can generate due to any failure of it or its individual cells. 7. Have a failure sensing and warning system to alert the flight crew if its failure affects safe operation of the airplane. 8. If its function is required for safe operation of the airplane, have a monitoring and warning feature that alerts the flight crew when its charge state falls below acceptable levels. 9. Have a means to automatically disconnect from its charging source in the event of an over-temperature condition, cell failure or battery failure. Note: A battery system consists of the battery, battery charger and any protective, monitoring and alerting circuitry or hardware inside or outside of the battery. It also includes vents (where necessary) and packaging. For the purpose of this special condition, a battery and battery system are referred to as a battery. Issued in Renton, Washington, on January 17, 2018. Victor Wicklund, Manager, Transport Standards Branch, Policy & Innovation Division, Aircraft Certification Service. [FR Doc. 2018-01102 Filed 1-22-18; 8:45 am] BILLING CODE 4910-13-P
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prevented by circumstances beyond his continuation of coverage. If an that the request is approved by the
or her control from providing timely individual is removed from an employing office for enrollees who pay
documentation. enrollment pursuant to paragraph (e) or premiums monthly.
(2) Appropriate documentation (f) of this section, the individual may be (3) The family member’s removal
includes, but is not limited to, copies of eligible for a 31-day temporary under this paragraph (h) is considered a
birth certificates, marriage certificates, extension of coverage, conversion and/ cancellation under § 890.304(d) and
and, if applicable, other proof including or temporary continuation of coverage removed family members are not
that the individual lives with the in accordance with § 890.401 and eligible for temporary extension of
enrollee and that the enrollee is the subparts H and K of this part. Any coverage and conversion under
individual’s primary source of financial opportunity to enroll under § 890.401 § 890.401 or temporary continuation of
support. and subparts H and K shall not extend coverage under § 809.1103.
(3) The effective date of the removal beyond the date that opportunity would (4) If an eligible family member is
shall be prospective unless the record have ended if the individual had been removed under this paragraph (h), he or
shows that the enrollee or the removed removed on the date of loss of she may only regain coverage under the
individual has committed fraud or made eligibility. applicable self plus one or self and
an intentional misrepresentation of (1) Example. An enrollee and his family enrollment if requested by the
material fact as prohibited by the terms spouse divorce on May 4, 2017. The enrollee during the annual open season
of the plan. If fraud or intentional enrollee does not remove the former or within 60 days of the family member
misrepresentation of material fact is spouse from the enrollee’s self and losing other health insurance coverage.
found, the effective date of the removal family enrollment, so the former spouse The enrollee must also provide written
is the date of loss of eligibility. is receiving coverage but is not eligible. consent to reinstatement of coverage
(4) The enrollee or the removed In this example, the former spouse is from the family member and
individual may request reconsideration not eligible to receive an annuity listed demonstrate eligibility of the spouse or
of an employing office or OPM’s in § 890.805(2). If the employing office child as a family member to the
decision to remove the individual from later discovers the divorce, and removes employing office.
the enrollment within 60 days of an the spouse from the enrollment on June (5) If an employing office approves a
employing office or OPM’s initial 20, 2018, the former spouse is not request for removal, the employing
decision. The enrollee or the removed eligible for a 31-day extension of office must notify the enrollee and the
individual may request reconsideration coverage, conversion and/or temporary carrier of the removal immediately. For
of an employing office decision to the continuation of coverage because the removals under paragraph (h)(1)(ii) of
employing office or an OPM decision to regulatory window for election of 60 this section, the employing office must
OPM. The employing office or OPM, as days outlined in § 890.805(1) has also immediately notify the child of the
applicable, must notify the carrier when passed. The sixty-day window began on removal using the last known contact
a request for reconsideration of the the final date of the divorce, May 4, provided by the enrollee.
decision to remove the individual from 2017 and ended on July 3, 2017. [FR Doc. 2018–01174 Filed 1–22–18; 8:45 am]
the enrollment is made. The time limit (2) [Reserved] BILLING CODE 6325–63–P
for filing may be extended if the (h) Removal from enrollment: Eligible
enrollee or the removed individual family members. (1) An eligible family
shows that he or she was not notified of member may be removed from a self
the time limit and was not otherwise plus one or a self and family enrollment DEPARTMENT OF TRANSPORTATION
aware of it, or that he or she was if a request is submitted to the enrollee’s Federal Aviation Administration
prevented by circumstances beyond his employing office for approval at any
or her control from making the request time during the plan year in the 14 CFR Part 25
within the time limit. The request for following circumstances:
reconsideration must be made in writing (i) In the case of a spouse, if the [Docket No. FAA–2018–0035; Special
and must include the enrollee’s name, enrollee and his or her spouse provide Conditions No. 25–714–SC]
address, Social Security Number or a notarized request for removal.
(ii) In the case of a child who has Special Conditions: Preferred
other personal identification number,
reached the age of majority in the Improvements, LLC, Boeing Model
the individual’s name, the name of the
child’s state of residence (the enrollee’s DC3C Airplanes; Rechargeable Lithium
enrollee’s carrier, reason(s) for the
state of residence if the child’s is not Batteries
request, and, if applicable, the enrollee’s
retirement claim number. known), if the enrollee provides proof AGENCY: Federal Aviation
(5) The employing office or OPM, as that the child is no longer his or her Administration (FAA), DOT.
applicable, must issue a written notice dependent as described under ACTION: Final special conditions; request
of its final decision to the enrollee, and § 890.302(b). The enrollee shall also for comments.
notify the carrier of the decision within provide the last known contact
30 days of receipt of the request for information for the child. SUMMARY: These special conditions are
reconsideration. The notice must fully (iii) In the case of a child who has issued for Boeing Model DC3C airplanes
set forth the findings and conclusions reached the age of majority in the as modified by Preferred Improvements,
on which the decision was based. child’s state of residence, if the child LLC. These airplanes will have a novel
(6) If an enrollee or the removed provides a notarized request for removal or unusual design feature when
individual provides acceptable proof of to the employing office. compared to the state of technology
sradovich on DSK3GMQ082PROD with RULES
eligibility of an individual subsequent (2) For removals under paragraph envisioned in the airworthiness
to removal, coverage under the (h)(1) of this section the effective date is standards for transport category
enrollment shall be reinstated the first day of the third pay period airplanes. This design feature is
retroactively so that there is no gap in following the date the request is rechargeable lithium ion backup battery
coverage, as appropriate. approved by the employing office for packs installed on the airplanes. The
(g) Temporary extension of coverage, employees who pay bi-weekly and the applicable airworthiness regulations do
conversion and/or temporary second pay period following the date not contain adequate or appropriate
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Special Condition 1 requires that each remain in effect for other battery hazardous quantities within the
individual cell within a rechargeable installations on these airplanes. airplane.
lithium battery be designed to maintain These special conditions contain the 4. Meet the requirements of § 25.863.
safe temperatures and pressures. Special additional safety standards that the 5. Not damage surrounding structure
Condition 2 addresses these same issues Administrator considers necessary to or adjacent systems, equipment, or
but for the entire battery. Special establish a level of safety equivalent to electrical wiring from corrosive fluids or
Condition 2 requires the battery be that established by the existing gases that may escape in such a way as
designed to prevent propagation of a airworthiness standards. to cause a major or more-severe failure
thermal event, such as self-sustained, condition.
uncontrolled increases in temperature Applicability
6. Have provisions to prevent any
or pressure from one cell to adjacent As discussed above, these special hazardous effect on airplane structure or
cells. conditions are applicable to Boeing systems caused by the maximum
Special Conditions 1 and 2 are Model DC3C airplanes as modified by amount of heat it can generate due to
intended to ensure that the cells and Preferred Improvements, LLC. Should any failure of it or its individual cells.
battery are designed to eliminate the Preferred Improvements, LLC, apply at 7. Have a failure sensing and warning
potential for uncontrollable failures. a later date for a supplemental type system to alert the flight crew if its
However, a certain number of failures certificate to modify any other model failure affects safe operation of the
will occur due to various factors beyond included on Type Certificate No. A699 airplane.
the control of the designer. Therefore, to incorporate the same novel or 8. If its function is required for safe
other special conditions are intended to unusual design feature, these special operation of the airplane, have a
protect the airplane and its occupants if conditions would apply to those models monitoring and warning feature that
failure occurs. as well. alerts the flight crew when its charge
Special Conditions 3, 7, and 8 are self- state falls below acceptable levels.
explanatory. Conclusion
9. Have a means to automatically
Special Condition 4 clarifies that the This action affects only a certain disconnect from its charging source in
flammable fluid fire-protection novel or unusual design feature on one the event of an over-temperature
requirements of § 25.863 apply to model of airplane. It is not a rule of condition, cell failure or battery failure.
rechargeable lithium battery general applicability.
installations. Section 25.863 is Note: A battery system consists of the
applicable to areas of the airplane that List of Subjects in 14 CFR Part 25 battery, battery charger and any protective,
could be exposed to flammable fluid monitoring and alerting circuitry or hardware
Aircraft, Aviation safety, Reporting inside or outside of the battery. It also
leakage from airplane systems. and recordkeeping requirements. includes vents (where necessary) and
Rechargeable lithium batteries contain packaging. For the purpose of this special
electrolyte that is a flammable fluid. The authority citation for these
special conditions is as follows: condition, a battery and battery system are
Special Condition 5 requires each referred to as a battery.
rechargeable lithium battery installation Authority: 49 U.S.C. 106(f), 106(g), 40113,
to not damage surrounding structure or 44701, 44702, 44704. Issued in Renton, Washington, on January
adjacent systems, equipment, or 17, 2018.
The Special Conditions
electrical wiring from corrosive fluids or Victor Wicklund,
gases that may escape in such a way as Accordingly, pursuant to the Manager, Transport Standards Branch, Policy
to cause a major or more severe failure authority delegated to me by the & Innovation Division, Aircraft Certification
condition. Special Condition 6 requires Administrator, the following special Service.
each rechargeable lithium battery conditions are issued as part of the type [FR Doc. 2018–01102 Filed 1–22–18; 8:45 am]
installation to have provisions to certification basis for Boeing Model BILLING CODE 4910–13–P
prevent any hazardous effect on DC3C airplanes as modified by Preferred
airplane structure or systems caused by Improvements, LLC.
the maximum amount of heat it can Rechargeable Lithium Battery DEPARTMENT OF TRANSPORTATION
generate due to any failure of it or its Installations
individual cells. The means of meeting Federal Aviation Administration
special conditions 5 and 6 may be the In lieu of § 25.1353(b)(1) through (4)
same, but they are independent at amendment 25–123, or § 25.1353(c)(1) 14 CFR Part 39
requirements addressing different through (4) at earlier amendments, each [Docket No. FAA–2018–0015; Product
hazards. Special Condition 5 addresses rechargeable lithium battery installation Identifier 2017–CE–045–AD; Amendment
corrosive fluids and gases, whereas must: 39–19158; AD 2018–02–05]
Special Condition 6 addresses heat. 1. Be designed to maintain safe cell
temperatures and pressures under all RIN 2120–AA64
Special Condition 9 requires
rechargeable lithium batteries to have foreseeable operating conditions to
Airworthiness Directives; Piper
‘‘automatic’’ means due to the fast prevent fire and explosion.
Aircraft, Inc.
acting nature of lithium battery 2. Be designed to prevent the
chemical reactions. Manual intervention occurrence of self-sustaining, AGENCY: Federal Aviation
would not be timely or effective in uncontrollable increases in temperature Administration (FAA), DOT.
mitigating the hazards associated with or pressure, and automatically control ACTION: Final rule; request for
sradovich on DSK3GMQ082PROD with RULES
these batteries. the charge rate of each cell to protect comments.
These conditions apply to all against adverse operating conditions,
rechargeable lithium battery such as cell imbalance, back charging, SUMMARY: We are adopting a new
installations in lieu of § 25.1353(b)(1) overcharging and overheating. airworthiness directive (AD) for certain
through (4) at amendment 25–123, or 3. Not emit explosive or toxic gases, Piper Aircraft, Inc. Models PA–28–140,
§ 25.1353(c)(1) through (4) at earlier either in normal operation or as a result PA–28–150, PA–28–151, PA–28–160,
amendments. These regulations will of its failure that may accumulate in PA–28–161, PA–28–180, PA–28–181,
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Document Created: 2018-01-23 01:08:52
Document Modified: 2018-01-23 01:08:52
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final special conditions; request for comments. | |
| Dates | This action is effective on Preferred Improvements, LLC, on January 23, 2018. Send your comments by March 9, 2018. | |
| Contact | Nazih Khaouly, Airplane & Flight Crew Interface Section, AIR-671, Transport Standards Branch, Policy & Innovation Division, Aircraft Certification Service, Federal Aviation Administration, 1601 Lind Avenue SW, Renton, Washington 98057-3356; telephone (425) 227-2432; facsimile (425) 227-1320; email [email protected] | |
| FR Citation | 83 FR 3062 | |
| CFR Associated | Aircraft; Aviation Safety and Reporting and Recordkeeping Requirements |
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