83 FR 35119 - Special Conditions: TCW Technologies, LLC; Piper Aircraft PA-32 Series Airplanes; Installation of Rechargeable Lithium Batteries

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 83, Issue 143 (July 25, 2018)

Page Range		35119-35122
FR Document		2018-15912

These special conditions are issued for the Piper Aircraft Model PA-32-series airplanes. These airplanes, as modified by TCW Technologies, LLC, 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 the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

Federal Register, Volume 83 Issue 143 (Wednesday, July 25, 2018)

[Federal Register Volume 83, Number 143 (Wednesday, July 25, 2018)]
[Rules and Regulations]
[Pages 35119-35122]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-15912]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 23

[Docket No. FAA-2018-0678; Special Conditions No. 23-290-SC]

Special Conditions: TCW Technologies, LLC; Piper Aircraft PA-32
Series Airplanes; Installation of Rechargeable Lithium Batteries

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

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SUMMARY: These special conditions are issued for the Piper Aircraft
Model PA-32-series airplanes. These airplanes, as modified by TCW
Technologies, LLC, 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.

[[Page 35120]]

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

DATES: The effective date of these special conditions is July 25, 2018.
We must receive your comments by September 10, 2018.

ADDRESSES: Send comments identified by docket number FAA-2018-0678
using any of the following methods:
Federal eRegulations Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
Mail: Send comments to Docket Operations, M-30, U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
Hand Delivery of Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
Fax: Fax comments to Docket Operations at 202-493-2251.
Privacy: The FAA will post all comments it receives, without
change, to http://regulations.gov, including any personal information
the commenter provides. Using the search function of the docket
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), as well as at http://DocketsInfo.dot.gov.
Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Ruth Hirt, Federal Aviation
Administration, Aircraft Certification Service, Small Airplane
Directorate, AIR-694, 901 Locust, Room 301, Kansas City, MO; telephone
(816) 329-4108; facsimile (816)-329-4090.

SUPPLEMENTARY INFORMATION:
The FAA has determined that notice and opportunity for prior public
comment are unnecessary because the substance of these special
conditions has been subjected to the public comment process in several
prior instances with no substantive comments received. It is unlikely
that prior public comment would result in a significant change from the
substance contained herein. The FAA therefore finds that good cause
exists for making these special conditions effective upon issuance. The
FAA is requesting comments to allow interested persons to submit views
that may not have been submitted in response to the prior opportunities
for comment.

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

We invite interested people to take part in this rulemaking by
sending written comments, data, or views. The most helpful comments
reference a specific portion of the special conditions, explain the
reason for any recommended change, and include supporting data. We ask
that you send us two copies of written comments.
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\1\ http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgSC.nsf/0/39B156C006EB842E86257EF3004BB13C?OpenDocument&Highlight=installation%20of%20rechargeable%20lithium%20battery.
\2\ http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgSC.nsf/0/902232309C19F0D4862575CB0045AC0D?OpenDocument&Highlight=installation%20of%20rechargeable%20lithium%20battery.
\3\ http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgSC.nsf/0/28E630294DCC27B986257513005968A3?OpenDocument&Highlight=installation%20of%20rechargeable%20lithium%20battery.
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We will consider all comments we receive on or before the closing
date for comments. We will consider comments filed late if it is
possible to do so without incurring expense or delay. We may change
these special conditions based on the comments we receive.

Background

On May 5, 2017, TCW Technologies, LLC (TCW) applied for a
supplemental type certificate (STC) to install a rechargeable lithium
battery on Piper Aircraft Model PA-32-series airplanes. These airplanes
are normal category airplanes with a maximum of 7 seats (including
flightcrew), powered by a Lycoming O-540-series engine with 3,400 to
3,600 pounds maximum takeoff weight, depending on the specific model.
The current regulatory requirements for part 23 airplanes do not
contain adequate requirements for use 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--
All characteristics of the rechargeable lithium batteries
and their installation that could affect safe operation of the modified
PA-32-series airplanes; and
Appropriate Instructions for Continued Airworthiness (ICA)
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, TCW must show that the PA-32
series-airplanes, as changed, continue to meet the applicable
provisions of the regulations incorporated by reference in Type
Certificate Data Sheet (TCDS) No. A3SO \4\ or the applicable
regulations in effect on the date of application for the change. The
regulations incorporated by reference in the type certificate are
commonly referred to as the ``original type certification basis.'' The
regulations incorporated by reference are located in TCDS A3SO, pages
24 through 28.
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\4\ http://rgl.faa.gov/Regulatory_and_Guidance_Library/
rgMakeModel.nsf/0/44c795c1c122b21286257d74004d1952/$FILE/
A3SO_Rev_33.pdf.pdf
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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 PA-32-series airplanes because of
a novel or unusual design feature, special conditions are prescribed
under the provisions of Sec. 21.16.
The FAA issues special conditions, as defined in Sec. 11.19, under
Sec. 11.38 and they become part of the type certification basis under
Sec. 21.101.
Special conditions are initially applicable to the models for which
they are issued. Should the applicant apply for an STC to modify any
other model(s) included on the same type certificate to incorporate the
same novel or unusual design feature, the FAA would apply these special
conditions to the other model(s) under Sec. 21.101.

[[Page 35121]]

Novel or Unusual Design Features

The Piper PA-32-series airplanes will incorporate the following
novel or unusual design features:
The installation of a rechargeable lithium battery as backup power
for avionics systems.

Discussion

The applicable regulations governing the installation of batteries
in general aviation airplanes were derived from Civil Air Regulations
(CAR) 3 as part of the recodification that established 14 CFR part 23.
The battery requirements identified in Sec. 23.1353 were a rewording
of the CAR requirements. Additional rulemaking activities--resulting
from increased incidents of Ni-Cd battery fire or failures--
incorporated Sec. 23.1353(f) and (g), amendments 23-20 and 23-21,
respectively. The FAA did not envision the introduction of lithium
battery installations at the time these regulations were published.
The proposed use of rechargeable lithium batteries prompted the FAA
to review the adequacy of these existing regulations. We determined the
existing regulations do not adequately address the safety of lithium
battery installations.
Current experience with rechargeable lithium batteries in
commercial or general aviation is limited. However, other users of this
technology--ranging from personal computers, to wireless telephone
manufacturers, to the electric vehicle industry--have noted safety
problems with rechargeable lithium batteries. These problems, as
described in the following paragraphs, include overcharging, over-
discharging, flammability of cell components, cell internal defects,
and hazards resulting from exposure to extreme temperatures.
1. Overcharging: In general, rechargeable lithium batteries are
significantly more susceptible than their Ni-Cd or lead-acid
counterparts to thermal runway, which is an internal failure that can
result in self-sustaining increases in temperature and pressure. This
is especially true for overcharging, which causes heating and
destabilization of the components of the cell, leading to the formation
(by plating) of highly unstable metallic lithium. The metallic lithium
can ignite, resulting in a self-sustaining fire or explosion. Finally,
the severity of thermal runaway due to overcharging increases with
increasing battery capacity due to the higher amount of electrolyte in
large batteries.
2. Over-discharging: Discharge of some types of rechargeable
lithium battery cells beyond the manufacturer's recommended
specification can cause corrosion of the electrodes of the cell,
resulting in loss of battery capacity that cannot be reversed by
recharging. This loss of capacity may not be detected by the simple
voltage measurements commonly available to flight crews as a means of
checking battery status--a problem shared with Ni-Cd batteries. In
addition, over-discharging has the potential to lead to an unsafe
condition (creation of dendrites that could result in internal short
circuit during the recharging cycle).
3. Flammability of Cell Components: Unlike Ni-Cd and lead-acid
batteries, some types of rechargeable lithium batteries use liquid
electrolytes that are flammable. The electrolyte can serve as a source
of fuel for an external fire, if there is a breach of the battery
container.
4. Cell Internal Defects: The rechargeable lithium batteries and
rechargeable battery systems have a history of undetected cell internal
defects. These defects may or may not be detected during normal
operational evaluation, test, and validation. This may lead to an
unsafe condition during in-service operation.
5. Extreme Temperatures: Exposure to an extreme temperature
environment has the potential to create major hazards. Care must be
taken to ensure that the lithium battery remains within the
manufacturer's recommended specification.

Applicability

As discussed above, these special conditions are applicable to the
PA-32-series airplanes. Should TCW apply at a later date for a
supplemental type certificate to modify any other model added to Type
Certificate No. A3SO with the same novel or unusual design feature, the
FAA would apply these special conditions to that model as well.

Conclusion

This action affects only certain novel or unusual design features
on the PA-32-series airplanes. It is not a rule of general
applicability and affects only the applicant who applied to the FAA for
approval of these features on the airplane.
The substance of these special conditions has been subjected to the
notice and comment period in several prior instances and has been
derived without substantive change from those previously issued. It is
unlikely that prior public comment would result in a significant change
from the subject contained herein. Therefore, notice and opportunity
for prior public comment hereon are unnecessary and the FAA finds good
cause, in accordance with 5 U.S.C. 553(b)(3)(B) and 553(d)(3), for
making these special conditions effective upon issuance. The FAA is
requesting comments to allow interested persons to submit views that
may not have been submitted in response to the prior opportunities for
comment described above.

List of Subjects in 14 CFR Part 23

Aircraft, Aviation safety, Signs and symbols.

Citation

The authority citation for these special conditions is as follows:

Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701-44702, 44704;
Pub. L. 113-53, 127 Stat 584 (49 U.S.C. 44704) note; 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 Piper Aircraft PA-32-series airplanes
modified by TCW Technologies, LLC.

1. Installation of Lithium Battery

The FAA adopts the following special conditions for lithium battery
installations on Piper Aircraft PA-32-series airplanes in lieu of the
requirements in Sec. 23.1353(a), (b), (c), (d), and (e), amendment 23-
62.
Lithium battery installations on PA-32-series airplanes must be
designed and installed as follows:
(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; and
iii. Any failure of the charging or battery monitoring system shown
to not be extremely remote.
(2) The rechargeable lithium battery installation must be designed
to preclude explosion or fire in the event of a failure under
(1)(1)(ii) and (1)(1)(iii) above.
(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 shown to not be extremely remote, may accumulate
in hazardous quantities within the airplane.
(5) Installations of rechargeable lithium batteries must meet the

[[Page 35122]]

requirements of Sec. 23.863(a) through (d), 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, 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 a system
to automatically control the charging rate of the battery to prevent
battery overheating and overcharging, and either:
i. 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
ii. 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, the function of
which is required for safe operation of the aircraft, must incorporate
a monitoring and warning feature that will provide an indication to the
appropriate flight crewmembers whenever the state of charge of the
batteries has fallen below levels considered acceptable for dispatch of
the aircraft.

Note 1 to paragraph (9): Reference Sec. 23.1353(h) for dispatch
consideration.

(10) The Instructions for Continued Airworthiness (ICA) required by
Sec. 23.1529 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. The lithium rechargeable batteries and lithium
rechargeable battery systems must not degrade below specified ampere-
hour levels sufficient to power the aircraft system. The ICA must also
contain procedures for the maintenance of replacement batteries to
prevent the installation of batteries that have degraded charge
retention ability or other damage due to prolonged storage at a low
state of charge. Replacement batteries must be of the same manufacturer
and part number as approved by the FAA.

Note 2 to paragraph (10): Maintenance requirements include
procedures that check battery capacity, charge degradation at
manufacturers recommended inspection intervals, and replace
batteries at manufacturer's recommended replacement schedule/time to
prevent age-related degradation.

Note 3 to paragraph (10): The term ``sufficiently charged''
means that the battery must retain enough charge, expressed in
ampere-hours, to ensure that the battery cells will not be damaged.
A battery cell may be damaged by low charge (i.e., below certain
level), resulting in 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.

Note 4 to paragraph (10): Replacement battery in spares storage
may be subject to prolonged storage at a low state of charge.

Issued in Kansas City, Missouri on July 19, 2018.
Pat Mullen,
Manager, Small Airplane Standards Branch, Aircraft Certification
Service.
[FR Doc. 2018-15912 Filed 7-24-18; 8:45 am]
BILLING CODE 4910-13-P

Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Rules and Regulations 35119

addresses other important issues therefore is not a significant energy (2) DOE’s approval of the application
affecting clarity and general action. Accordingly, DOE has not does not require an environmental
draftsmanship under any guidelines prepared a Statement of Energy Effects. impact statement or an environmental
issued by the Attorney General. Section assessment under the National
L. Congressional Notification
3(c) of Executive Order 12988 requires Environmental Policy Act, 42 U.S.C.
Executive agencies to review regulations As required by 5 U.S.C. 801, DOE will 4321 et seq.
in light of applicable standards in report to Congress on the promulgation * * * * *
section 3(a) and section 3(b) to of this rule prior to its effective date.
■ 3. Section 590.208 is revised to read
determine whether they are met or it is The report will state that it has been
determined that the rule is not a ‘‘major as follows:
unreasonable to meet one or more of
them. DOE has completed the required rule’’ as defined by 5 U.S.C. 804(2). § 590.208 Small volume exports.
review and determined that, to the IV. Approval of the Office of the (a) Small-scale natural gas exports.
extent permitted by law, the final rule Secretary Small-scale natural gas exports are
meets the relevant standards of deemed to be consistent with the public
Executive Order 12988. The Secretary of Energy has approved
the publication of this final rule. interest under section 3(a) of the Natural
J. Treasury and General Government Gas Act, 15 U.S.C. 717b(a). DOE will
Appropriations Act, 2001 List of Subjects in 10 CFR Part 590 issue an export authorization upon
Administrative practice and receipt of any complete application to
The Treasury and General
Government Appropriations Act, 2001 procedure, Exports, Natural gas, conduct small-scale natural gas exports.
(44 U.S.C. 3516 note) provides for Reporting and recordkeeping DOE’s regulations regarding notice of
agencies to review most disseminations requirements. applications, 10 CFR 590.205, and
of information to the public under procedures applicable to application
Signed in Washington, DC, on July 19, proceedings, 10 CFR part 590, subpart C
guidelines established by each agency 2018.
pursuant to general guidelines issued by (10 CFR 590.303 to 10 CFR 590.317), are
Steven E. Winberg, not applicable to small-scale natural gas
OMB.
Assistant Secretary, Office of Fossil Energy. exports.
OMB’s guidelines were published at
67 FR 8452 (February 22, 2002), and For the reasons stated in the (b) Scientific, experimental, or other
DOE’s guidelines were published at 67 preamble, DOE amends part 590, non-utility natural gas exports. Any
FR 62446 (October 7, 2002). DOE has chapter II of title 10, subchapter G, Code person may export up to 100,000 cubic
reviewed this final rule under the OMB of Federal Regulations as set forth feet of natural gas (14.73 pounds per
and DOE guidelines and has concluded below: square inch at 60 degrees Fahrenheit) or
that it is consistent with applicable the liquefied or compressed equivalent
policies in those guidelines. PART 590—ADMINISTRATIVE thereof, in a single shipment for
PROCEDURES WITH RESPECT TO scientific, experimental, or other non-
K. Executive Order 13211 THE IMPORT AND EXPORT OF utility gas use without prior
Executive Order 13211, ‘‘Actions NATURAL GAS authorization of the Assistant Secretary.
Concerning Regulations That [FR Doc. 2018–15903 Filed 7–24–18; 8:45 am]
Significantly Affect Energy Supply, ■ 1. The authority citation for part 590
BILLING CODE 6450–01–P
Distribution, or Use,’’ 66 FR 28355 (May continues to read as follows:
22, 2001) requires Federal agencies to Authority: Secs. 301(b), 402(f), and 644,
prepare and submit to the OMB, a Pub. L. 95–91, 91 Stat. 578, 585, and 599 (42
U.S.C. 7151(b), 7172(f), and 7254), Sec. 3, Act DEPARTMENT OF TRANSPORTATION
Statement of Energy Effects for any
of June 21, 1938, c. 556, 52 Stat. 822 (15
proposed significant energy action. A Federal Aviation Administration
U.S.C. 717b); E.O. 12009 (42 FR 46267,
‘‘significant energy action’’ is defined as September 15, 1977); DOE Delegation Order
any action by an agency that Nos. 0204–111 and 0204–127 (49 FR 6684, 14 CFR Part 23
promulgated or is expected to lead to February 22, 1984; 54 FR 11437, March 20,
promulgation of a final rule, and that: 1989). [Docket No. FAA–2018–0678; Special
(1) Is a significant regulatory action Conditions No. 23–290–SC]
■ 2. Section 590.102 is amended by
under Executive Order 12866, or any redesignating paragraph (p) as Special Conditions: TCW
successor order; and (2) is likely to have paragraph (q) and adding new paragraph Technologies, LLC; Piper Aircraft PA–
a significant adverse effect on the (p) to read as follows: 32 Series Airplanes; Installation of
supply, distribution, or use of energy, or
Rechargeable Lithium Batteries
(3) is designated by the Administrator of § 590.102 Definitions.
OIRA as a significant energy action. For * * * * * AGENCY: Federal Aviation
any proposed significant energy action, (p) Small-scale natural gas export Administration (FAA), DOT.
the agency must give a detailed means an export of natural gas to ACTION: Final special conditions; request
statement of any adverse effects on nations with which there is not in effect for comments.
energy supply, distribution, or use a free trade agreement with the United
should the proposal be implemented, States requiring national treatment for SUMMARY: These special conditions are
and of reasonable alternatives to the trade in natural gas and with which issued for the Piper Aircraft Model PA–
action and their expected benefits on trade is not prohibited by U.S. law or 32-series airplanes. These airplanes, as
energy supply, distribution, and use. modified by TCW Technologies, LLC,
daltland on DSKBBV9HB2PROD with RULES

policy, provided that the application for
This regulatory action, which is such export authority satisfies the will have a novel or unusual design
intended to streamline the application following two criteria: feature associated with the installation
and approval process for small-scale (1) The application proposes to export of a rechargeable lithium battery. The
natural gas exports, will not have a natural gas in a volume up to and applicable airworthiness regulations do
significant adverse effect on the supply, including 51.75 billion cubic feet per not contain adequate or appropriate
distribution, or use of energy, and year, and safety standards for this design feature.

VerDate Sep<11>2014 16:20 Jul 24, 2018 Jkt 244001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\25JYR1.SGM 25JYR1

Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Rules and Regulations 35121

Novel or Unusual Design Features recommended specification can cause finds good cause, in accordance with 5
The Piper PA–32–series airplanes will corrosion of the electrodes of the cell, U.S.C. 553(b)(3)(B) and 553(d)(3), for
incorporate the following novel or resulting in loss of battery capacity that making these special conditions
unusual design features: cannot be reversed by recharging. This effective upon issuance. The FAA is
The installation of a rechargeable loss of capacity may not be detected by requesting comments to allow interested
lithium battery as backup power for the simple voltage measurements persons to submit views that may not
avionics systems. commonly available to flight crews as a have been submitted in response to the
means of checking battery status—a prior opportunities for comment
Discussion problem shared with Ni-Cd batteries. In described above.
The applicable regulations governing addition, over-discharging has the
List of Subjects in 14 CFR Part 23
the installation of batteries in general potential to lead to an unsafe condition
(creation of dendrites that could result Aircraft, Aviation safety, Signs and
aviation airplanes were derived from
in internal short circuit during the symbols.
Civil Air Regulations (CAR) 3 as part of
the recodification that established 14 recharging cycle). Citation
CFR part 23. The battery requirements 3. Flammability of Cell Components:
Unlike Ni-Cd and lead-acid batteries, The authority citation for these
identified in § 23.1353 were a rewording special conditions is as follows:
of the CAR requirements. Additional some types of rechargeable lithium
rulemaking activities—resulting from batteries use liquid electrolytes that are Authority: 49 U.S.C. 106(f), 106(g), 40113,
flammable. The electrolyte can serve as 44701–44702, 44704; Pub. L. 113–53, 127
increased incidents of Ni-Cd battery fire Stat 584 (49 U.S.C. 44704) note; 14 CFR 21.16
or failures—incorporated § 23.1353(f) a source of fuel for an external fire, if
and 21.101; and 14 CFR 11.38 and 11.19.
and (g), amendments 23–20 and 23–21, there is a breach of the battery
respectively. The FAA did not envision container. The Special Conditions
4. Cell Internal Defects: The
the introduction of lithium battery Accordingly, pursuant to the
rechargeable lithium batteries and
installations at the time these authority delegated to me by the
rechargeable battery systems have a Administrator, the following special
regulations were published.
history of undetected cell internal conditions are issued as part of the type
The proposed use of rechargeable
defects. These defects may or may not certification basis for Piper Aircraft PA–
lithium batteries prompted the FAA to
be detected during normal operational 32–series airplanes modified by TCW
review the adequacy of these existing
evaluation, test, and validation. This Technologies, LLC.
regulations. We determined the existing
may lead to an unsafe condition during
regulations do not adequately address 1. Installation of Lithium Battery
in-service operation.
the safety of lithium battery 5. Extreme Temperatures: Exposure to
installations. The FAA adopts the following special
an extreme temperature environment conditions for lithium battery
Current experience with rechargeable
has the potential to create major installations on Piper Aircraft PA–32–
lithium batteries in commercial or
hazards. Care must be taken to ensure series airplanes in lieu of the
general aviation is limited. However,
that the lithium battery remains within requirements in § 23.1353(a), (b), (c), (d),
other users of this technology—ranging
the manufacturer’s recommended and (e), amendment 23–62.
from personal computers, to wireless
specification. Lithium battery installations on PA–
telephone manufacturers, to the electric
vehicle industry—have noted safety Applicability 32–series airplanes must be designed
problems with rechargeable lithium and installed as follows:
As discussed above, these special (1) Safe cell temperatures and
batteries. These problems, as described conditions are applicable to the PA–32– pressures must be maintained during—
in the following paragraphs, include series airplanes. Should TCW apply at i. Normal operations;
overcharging, over-discharging, a later date for a supplemental type ii. Any probable failure conditions of
flammability of cell components, cell certificate to modify any other model charging or discharging or battery
internal defects, and hazards resulting added to Type Certificate No. A3SO monitoring system; and
from exposure to extreme temperatures. with the same novel or unusual design iii. Any failure of the charging or
1. Overcharging: In general, feature, the FAA would apply these battery monitoring system shown to not
rechargeable lithium batteries are special conditions to that model as well. be extremely remote.
significantly more susceptible than their (2) The rechargeable lithium battery
Ni-Cd or lead-acid counterparts to Conclusion
installation must be designed to
thermal runway, which is an internal This action affects only certain novel preclude explosion or fire in the event
failure that can result in self-sustaining or unusual design features on the PA– of a failure under (1)(1)(ii) and (1)(1)(iii)
increases in temperature and pressure. 32–series airplanes. It is not a rule of above.
This is especially true for overcharging, general applicability and affects only (3) Design of the rechargeable lithium
which causes heating and the applicant who applied to the FAA batteries must preclude the occurrence
destabilization of the components of the for approval of these features on the of self-sustaining, uncontrolled
cell, leading to the formation (by airplane. increases in temperature or pressure.
plating) of highly unstable metallic The substance of these special (4) No explosive or toxic gasses
lithium. The metallic lithium can ignite, conditions has been subjected to the emitted by any rechargeable lithium
resulting in a self-sustaining fire or notice and comment period in several battery in normal operation or as the
explosion. Finally, the severity of prior instances and has been derived result of any failure of the battery
thermal runaway due to overcharging without substantive change from those
daltland on DSKBBV9HB2PROD with RULES

charging system, monitoring system, or
increases with increasing battery previously issued. It is unlikely that battery installation, which is shown to
capacity due to the higher amount of prior public comment would result in a not be extremely remote, may
electrolyte in large batteries. significant change from the subject accumulate in hazardous quantities
2. Over-discharging: Discharge of contained herein. Therefore, notice and within the airplane.
some types of rechargeable lithium opportunity for prior public comment (5) Installations of rechargeable
battery cells beyond the manufacturer’s hereon are unnecessary and the FAA lithium batteries must meet the

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35122 Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Rules and Regulations

requirements of § 23.863(a) through (d), other damage due to prolonged storage pollutants (HAP), this action results in
amendment 23–34. at a low state of charge. Replacement improved monitoring, compliance, and
(6) No corrosive fluids or gases that batteries must be of the same implementation of the rule.
may escape from any rechargeable manufacturer and part number as DATES: This final action is effective on
lithium battery, may damage approved by the FAA. July 25, 2018.
surrounding structure or any adjacent Note 2 to paragraph (10): Maintenance ADDRESSES: The Environmental
systems, equipment, electrical wiring, or requirements include procedures that check Protection Agency (EPA) has established
the airplane in such a way as to cause battery capacity, charge degradation at a docket for this action under Docket ID
a major or more severe failure condition, manufacturers recommended inspection No. EPA–HQ–OAR–2016–0442. All
in accordance with § 23.1309, intervals, and replace batteries at documents in the docket are listed on
amendment 23–62, and applicable manufacturer’s recommended replacement
the https://www.regulations.gov
regulatory guidance. schedule/time to prevent age-related
degradation. website. Although listed, some
(7) Each rechargeable lithium battery information is not publicly available,
installation must have provisions to Note 3 to paragraph (10): The term e.g., confidential business information
prevent any hazardous effect on ‘‘sufficiently charged’’ means that the battery or other information whose disclosure is
structure or essential systems that may must retain enough charge, expressed in restricted by statute. Certain other
be caused by the maximum amount of ampere-hours, to ensure that the battery cells material, such as copyrighted material,
heat the battery can generate during a will not be damaged. A battery cell may be is not placed on the internet and will be
short circuit of the battery or of its damaged by low charge (i.e., below certain
publicly available only in hard copy
individual cells. level), resulting in a reduction in the ability
to charge and retain a full charge. This form. Publicly available docket
(8) Rechargeable lithium battery materials are available either
reduction would be greater than the
installations must have a system to reduction that may result from normal electronically through https://
automatically control the charging rate operational degradation. www.regulations.gov, or in hard copy at
of the battery to prevent battery the EPA Docket Center, WJC West
overheating and overcharging, and Note 4 to paragraph (10): Replacement Building, Room Number 3334, 1301
either: battery in spares storage may be subject to Constitution Ave. NW, Washington, DC.
i. A battery temperature sensing and prolonged storage at a low state of charge.
The Public Reading Room hours of
over-temperature warning system with a operation are 8:30 a.m. to 4:30 p.m.
Issued in Kansas City, Missouri on July 19,
means for automatically disconnecting 2018. Eastern Standard Time (EST), Monday
the battery from its charging source in through Friday. The telephone number
Pat Mullen,
the event of an over-temperature for the Public Reading Room is (202)
Manager, Small Airplane Standards Branch,
condition; or 566–1744, and the telephone number for
Aircraft Certification Service.
ii. A battery failure sensing and the Docket Center is (202) 566–1742.
[FR Doc. 2018–15912 Filed 7–24–18; 8:45 am]
warning system with a means for
BILLING CODE 4910–13–P FOR FURTHER INFORMATION CONTACT: For
automatically disconnecting the battery
questions about this final action, contact
from its charging source in the event of
Mr. Brian Storey, Sector Policies and
battery failure.
ENVIRONMENTAL PROTECTION Programs Division (D243–04), Office of
(9) Any rechargeable lithium battery
AGENCY Air Quality Planning and Standards,
installation, the function of which is
U.S. Environmental Protection Agency,
required for safe operation of the
40 CFR Part 63 Research Triangle Park, North Carolina
aircraft, must incorporate a monitoring
27711; telephone number: (919) 541–
and warning feature that will provide an [EPA–HQ–OAR–2016–0442; FRL–9981–06– 1103; fax number: (919) 541–4991; and
indication to the appropriate flight OAR]
email address: storey.brian@epa.gov.
crewmembers whenever the state of
RIN 2060–AS92 For specific information regarding the
charge of the batteries has fallen below
risk modeling methodology, contact Mr.
levels considered acceptable for National Emission Standards for James Hirtz, Health and Environmental
dispatch of the aircraft. Hazardous Air Pollutants From the Impacts Division (C539–02), Office of
Note 1 to paragraph (9): Reference Portland Cement Manufacturing Air Quality Planning and Standards,
§ 23.1353(h) for dispatch consideration. Industry Residual Risk and U.S. Environmental Protection Agency,
(10) The Instructions for Continued Technology Review Research Triangle Park, North Carolina
Airworthiness (ICA) required by AGENCY: Environmental Protection 27711; telephone number: (919) 541–
§ 23.1529 must contain maintenance Agency (EPA). 0881; fax number: (919) 541–0840; and
requirements to assure that the battery ACTION: Final rule.
email address: hirtz.james@epa.gov. For
has been sufficiently charged at information about the applicability of
appropriate intervals specified by the SUMMARY: This action finalizes the the NESHAP to a particular entity,
battery manufacturer and the equipment residual risk and technology review contact Ms. Sara Ayres, Office of
manufacturer that contain the (RTR) conducted for the Portland Enforcement and Compliance
rechargeable lithium battery or Cement Manufacturing Industry source Assurance, U.S. Environmental
rechargeable lithium battery system. category regulated under national Protection Agency, U.S. EPA Region 5
The lithium rechargeable batteries and emission standards for hazardous air (E–19J), 77 West Jackson Boulevard,
lithium rechargeable battery systems pollutants (NESHAP). These final Chicago, Illinois 60604; telephone
must not degrade below specified amendments include no revisions to the number: (312) 353–6266; email address:
daltland on DSKBBV9HB2PROD with RULES

ampere-hour levels sufficient to power numerical emission limits of the rule ayres.sara@epa.gov.
the aircraft system. The ICA must also based on the RTR. The amendments SUPPLEMENTARY INFORMATION:
contain procedures for the maintenance reflect corrections and clarifications of Preamble Acronyms and
of replacement batteries to prevent the the rule requirements and provisions. Abbreviations. We use multiple
installation of batteries that have While the amendments do not result in acronyms and terms in this preamble.
degraded charge retention ability or reductions in emissions of hazardous air While this list may not be exhaustive, to

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Document Created: 2018-07-25 00:44:01
Document Modified: 2018-07-25 00:44:01

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		The effective date of these special conditions is July 25, 2018.
Contact		Ruth Hirt, Federal Aviation Administration, Aircraft Certification Service, Small Airplane Directorate, AIR-694, 901 Locust, Room 301, Kansas City, MO; telephone (816) 329-4108; facsimile (816)-329-4090.
FR Citation		83 FR 35119
CFR Associated		Aircraft; Aviation Safety and Signs and Symbols

83 FR 35119 - Special Conditions: TCW Technologies, LLC; Piper Aircraft PA-32 Series Airplanes; Installation of Rechargeable Lithium Batteries

DEPARTMENT OF TRANSPORTATIONFederal Aviation Administration

Federal Register Volume 83, Issue 143 (July 25, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration