83_FR_35262 83 FR 35119 - Special Conditions: TCW Technologies, LLC; Piper Aircraft PA-32 Series Airplanes; Installation of Rechargeable Lithium Batteries

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 Range35119-35122
FR Document2018-15912

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.

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

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.
------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \4\ http://rgl.faa.gov/Regulatory_and_Guidance_Library/
rgMakeModel.nsf/0/44c795c1c122b21286257d74004d1952/$FILE/
A3SO_Rev_33.pdf.pdf
---------------------------------------------------------------------------

    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


                                             35120             Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Rules and Regulations

                                             These special conditions contain the                     comment are unnecessary because the                   weight, depending on the specific
                                             additional safety standards the                          substance of these special conditions                 model.
                                             Administrator considers necessary to                     has been subjected to the public                        The current regulatory requirements
                                             establish a level of safety equivalent to                comment process in several prior                      for part 23 airplanes do not contain
                                             that established by the existing                         instances with no substantive comments                adequate requirements for use of
                                             airworthiness standards.                                 received. It is unlikely that prior public            rechargeable lithium batteries in
                                             DATES: The effective date of these                       comment would result in a significant                 airborne applications. This type of
                                             special conditions is July 25, 2018.                     change from the substance contained                   battery possesses certain failure and
                                               We must receive your comments by                       herein. The FAA therefore finds that                  operational characteristics with
                                             September 10, 2018.                                      good cause exists for making these                    maintenance requirements that differ
                                             ADDRESSES: Send comments identified                      special conditions effective upon                     significantly from that of the nickel-
                                             by docket number FAA–2018–0678                           issuance. The FAA is requesting                       cadmium (Ni-Cd) and lead-acid
                                             using any of the following methods:                      comments to allow interested persons to               rechargeable batteries currently
                                               • Federal eRegulations Portal: Go to                   submit views that may not have been                   approved in other normal, utility,
                                             http://www.regulations.gov and follow                    submitted in response to the prior                    acrobatic, and commuter category
                                             the online instructions for sending your                 opportunities for comment.                            airplanes. Therefore, the FAA is issuing
                                             comments electronically.                                                                                       this special condition to address—
                                               • Mail: Send comments to Docket
                                                                                                      Special conditions
                                                                                                             No.              Company/airplane model          • All characteristics of the
                                             Operations, M–30, U.S. Department of                                                                           rechargeable lithium batteries and their
                                             Transportation (DOT), 1200 New Jersey                    23–15–01–SC 1 ....   Kestrel Aircraft Company/        installation that could affect safe
                                                                                                                             Model K–350.                   operation of the modified PA–32–series
                                             Avenue SE, Room W12–140, West                            23–09–02–SC 2 ....   Cessna Aircraft Company/
                                             Building Ground Floor, Washington, DC                                           Model 525C (CJ4).              airplanes; and
                                             20590–0001.                                              23–08–05–SC 3 ....   Spectrum Aeronautical, LLC/        • Appropriate Instructions for
                                               • Hand Delivery of Courier: Take                                              Model 40.                      Continued Airworthiness (ICA) that
                                             comments to Docket Operations in                                                                               include maintenance requirements to
                                             Room W12–140 of the West Building                        Comments Invited                                      ensure the availability of electrical
                                             Ground Floor at 1200 New Jersey                                                                                power from the batteries when needed.
                                                                                                         We invite interested people to take
                                             Avenue SE, Washington, DC, between 9                     part in this rulemaking by sending                    Type Certification Basis
                                             a.m. and 5 p.m., Monday through                          written comments, data, or views. The
                                             Friday, except Federal holidays.                                                                                  Under the provisions of § 21.101,
                                                                                                      most helpful comments reference a
                                               • Fax: Fax comments to Docket                          specific portion of the special
                                                                                                                                                            TCW must show that the PA–32 series-
                                             Operations at 202–493–2251.                                                                                    airplanes, as changed, continue to meet
                                                                                                      conditions, explain the reason for any                the applicable provisions of the
                                               Privacy: The FAA will post all                         recommended change, and include
                                             comments it receives, without change,                                                                          regulations incorporated by reference in
                                                                                                      supporting data. We ask that you send                 Type Certificate Data Sheet (TCDS) No.
                                             to http://regulations.gov, including any                 us two copies of written comments.
                                             personal information the commenter                                                                             A3SO 4 or the applicable regulations in
                                             provides. Using the search function of                      We will consider all comments we                   effect on the date of application for the
                                             the docket website, anyone can find and                  receive on or before the closing date for             change. The regulations incorporated by
                                             read the electronic form of all comments                 comments. We will consider comments                   reference in the type certificate are
                                             received into any FAA docket,                            filed late if it is possible to do so                 commonly referred to as the ‘‘original
                                             including the name of the individual                     without incurring expense or delay. We                type certification basis.’’ The regulations
                                             sending the comment (or signing the                      may change these special conditions                   incorporated by reference are located in
                                             comment for an association, business,                    based on the comments we receive.                     TCDS A3SO, pages 24 through 28.
                                             labor union, etc.). DOT’s complete                       Background                                               If the Administrator finds that the
                                             Privacy Act Statement can be found in                                                                          applicable airworthiness regulations
                                             the Federal Register published on April                     On May 5, 2017, TCW Technologies,                  (i.e., 14 CFR part 23) do not contain
                                             11, 2000 (65 FR 19477–19478), as well                    LLC (TCW) applied for a supplemental                  adequate or appropriate safety standards
                                             as at http://DocketsInfo.dot.gov.                        type certificate (STC) to install a                   for the PA–32–series airplanes because
                                               Docket: Background documents or                        rechargeable lithium battery on Piper                 of a novel or unusual design feature,
                                             comments received may be read at                         Aircraft Model PA–32–series airplanes.                special conditions are prescribed under
                                             http://www.regulations.gov at any time.                  These airplanes are normal category                   the provisions of § 21.16.
                                             Follow the online instructions for                       airplanes with a maximum of 7 seats                      The FAA issues special conditions, as
                                             accessing the docket or go to the Docket                 (including flightcrew), powered by a                  defined in § 11.19, under § 11.38 and
                                             Operations in Room W12–140 of the                        Lycoming O–540–series engine with                     they become part of the type
                                             West Building Ground Floor at 1200                       3,400 to 3,600 pounds maximum takeoff                 certification basis under § 21.101.
                                             New Jersey Avenue SE, Washington,                                                                                 Special conditions are initially
                                             DC, between 9 a.m. and 5 p.m., Monday                      1 http://rgl.faa.gov/Regulatory_and_Guidance_
                                                                                                                                                            applicable to the models for which they
                                                                                                      Library/rgSC.nsf/0/39B156C006                         are issued. Should the applicant apply
                                             through Friday, except Federal holidays.                 EB842E86257EF3004BB13C?Open
                                             FOR FURTHER INFORMATION CONTACT:                         Document&Highlight=installation%20of                  for an STC to modify any other model(s)
                                             Ruth Hirt, Federal Aviation                              %20rechargeable%20lithium%20battery.                  included on the same type certificate to
                                             Administration, Aircraft Certification                     2 http://rgl.faa.gov/Regulatory_and_Guidance_       incorporate the same novel or unusual
                                                                                                      Library/rgSC.nsf/0/902232309C19F0                     design feature, the FAA would apply
                                             Service, Small Airplane Directorate,
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                                                                                                      D4862575CB0045AC0D?Open
                                             AIR–694, 901 Locust, Room 301, Kansas                    Document&Highlight=installation%20
                                                                                                                                                            these special conditions to the other
                                             City, MO; telephone (816) 329–4108;                      of%20rechargeable%20lithium%20battery.                model(s) under § 21.101.
                                             facsimile (816)–329–4090.                                  3 http://rgl.faa.gov/Regulatory_and_Guidance_

                                                                                                      Library/rgSC.nsf/0/28E630294                            4 http://rgl.faa.gov/Regulatory_and_Guidance_
                                             SUPPLEMENTARY INFORMATION:                               DCC27B986257513005968A3?Open                          Library/rgMakeModel.nsf/0/
                                               The FAA has determined that notice                     Document&Highlight=installation%20of                  44c795c1c122b21286257d74004d1952/$FILE/
                                             and opportunity for prior public                         %20rechargeable%20lithium%20battery.                  A3SO_Rev_33.pdf.pdf



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                                                               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
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                                                                                                                                                            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:
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                                             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
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal special conditions; request for comments.
DatesThe effective date of these special conditions is July 25, 2018.
ContactRuth 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 Citation83 FR 35119 
CFR AssociatedAircraft; Aviation Safety and Signs and Symbols

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