83_FR_38161 83 FR 38011 - Special Conditions: Cirrus Design Corporation; Model SF50 Airplane; Installation of Rechargeable Lithium Batteries

83 FR 38011 - Special Conditions: Cirrus Design Corporation; Model SF50 Airplane; Installation of Rechargeable Lithium Batteries

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 83, Issue 150 (August 3, 2018)

Page Range38011-38014
FR Document2018-16609

These special conditions are issued for the Cirrus Design Corporation Model SF50 airplane. This airplane 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 150 (Friday, August 3, 2018)
[Federal Register Volume 83, Number 150 (Friday, August 3, 2018)]
[Rules and Regulations]
[Pages 38011-38014]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-16609]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

========================================================================


Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Rules 
and Regulations

[[Page 38011]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 23

[Docket No. FAA-2018-0697; Special Conditions No. 23-289-SC]


Special Conditions: Cirrus Design Corporation; Model SF50 
Airplane; 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 Cirrus Design 
Corporation Model SF50 airplane. This airplane 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.

DATES: The effective date of these special conditions is August 3, 
2018.
    We must receive your comments by September 17, 2018.

ADDRESSES: Send comments identified by docket number FAA-2018-0697 
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: James Brady, Federal Aviation 
Administration, Aircraft Certification Service, Small Airplane 
Directorate, AIR-691, 901 Locust, Room 301, Kansas City, MO; telephone 
(816) 329-4132; 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
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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.
---------------------------------------------------------------------------

    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.
    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 October 19, 2017, Cirrus Design Corporation (Cirrus) applied for 
a change to Type Certificate No. A00018CH for installation of 
rechargeable lithium batteries and

[[Page 38012]]

battery systems in the Model SF50. The SF50 is a normal category 
single-engine-jet airplane powered by a Williams International Model 
FJ33-5A turbofan engine capable of carrying eight occupants including 
one pilot, with a maximum takeoff weight of 6,000 pounds and a maximum 
operating altitude 28,000 feet.
    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 applying this special condition to address--
     All characteristics of the rechargeable lithium batteries 
and their installation that could affect safe operation of the modified 
SF50 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, Cirrus must show that the 
SF50 airplane, as changed, continues to meet the applicable provisions 
of the regulations incorporated by reference in Type Certificate Data 
Sheet (TCDS) No. A00018CH \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 in TCDS No. A00018CH are as follows:

Title 14 Code of Federal Regulations

    14 CFR part 23, effective February 1, 1965, as amended by 
amendments 23-1 through 23-62.
    14 CFR part 34, effective September 10, 1990, as amended by 
amendments 34-1 through 34-5A.
    14 CFR part 36, effective December 1, 1969, as amended by 
amendments 36-1 through 36-28.

Special Conditions

    23-261-SC, issued September 4, 2013, Inflatable Three-Point 
Restraint Safety Belt with an Integrated Airbag Device.
    23-267-SC, issued September 14, 2015, Full Authority Digital Engine 
Control System.
    23-272-SC, issued December 2, 2015, Auto Throttle.
    23-275-SC, issued July 6, 2016, Whole Airplane Parachute Recovery 
System.

               Equivalent Level of Safety (ELOS) Findings
------------------------------------------------------------------------
       ELOS No., date and subject          Regulation requiring an ELOS
------------------------------------------------------------------------
ACE-14-06, dated April 10, 2014:         Sec.  Sec.   23.1559, 23.1567.
 Electronic Placards.
ACE-15-04, dated October 17, 2016:       Sec.   23.729(f).
 Landing Gear Warning Horn.
ACE-15-14, dated June 25, 2015: Cockpit  Sec.   23.781(b).
 Control Knob Shape.
TC6444CH-A-F-2, dated July 12, 2016:     Sec.   23.221.
 Spin Requirements.
TC06444CH-A-F-5, dated July 15, 2016:    Sec.  Sec.   23.45, 23.51,
 Amendment 62 Corrections.                23.63, 23.67, 23.73, 23.77,
                                          23.161, 23.181, 23.221,
                                          23.251, 23.253, 23.571,
                                          23.785, 23.831, 23.1195,
                                          23.1197, 23.1199, 23.1201,
                                          23.1527, 23.1545, 23.1583.OW>
TC6444CH-A-S-11, dated June 23, 2016:    Sec.   23.1353(h).
 Storage Battery Design and
 Installation.
------------------------------------------------------------------------

Exemptions
---------------------------------------------------------------------------

    \4\ http://rgl.faa.gov/Regulatory_and_Guidance_Library/
rgMakeModel.nsf/0/4ec2ccf1759afb61862581860056ef39/$FILE/
A00018CH_Rev_3.pdf.
---------------------------------------------------------------------------

    Exemption No. 9948, dated October 23, 2009, Sec. Sec.  23.562(b) 
and 23.785(a), Installation of seats limited to occupants weighing 90 
pounds or less.
    Exemption No. 11092, dated October 23, 2014, Sec.  23.177(b), Use 
of electric roll trim for static lateral stability.
    Exemption No. 16970, dated June 23, 2016, Sec.  23.1419(a), 61-knot 
stall speed with critical ice accretions.
    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 SF50 airplane because of a novel 
or unusual design feature, special conditions are prescribed under the 
provisions of Sec.  21.16.
    In addition to the applicable airworthiness regulations and special 
conditions, the SF50 must comply with the fuel vent and exhaust 
emission requirements of 14 CFR part 34 and the noise certification 
requirements of 14 CFR part 36.
    The FAA issues special conditions, as defined in Sec.  11.19, under 
Sec.  11.38 and they become part of the type certification basis under 
Sec.  21.101.
    Special conditions are initially applicable to the models for which 
they are issued. Should the type certificate for that model be amended 
later to include any other model that incorporates the same novel or 
unusual design feature, or should any other model already included on 
the same type certificate be modified to incorporate the same novel or 
unusual design feature, the FAA would apply these special conditions to 
the other model(s).

Novel or Unusual Design Features

    The Cirrus SF50 airplane will incorporate the following novel or 
unusual design features: The installation of a rechargeable lithium 
battery as a main or engine start airplane battery.

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.

[[Page 38013]]

    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 
SF50 airplane. Should Cirrus apply at a later date for a change to the 
type certificate to include another model incorporating 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 SF50 airplane. It is not a rule of general applicability and 
affects only the applicant who applied to the FAA for approval of these 
features on the airplane.
    The substance of these special conditions has been subjected to the 
notice and comment period in several prior instances and has been 
derived without substantive change from those previously issued. It is 
unlikely that prior public comment would result in a significant change 
from the subject contained herein. Therefore, notice and opportunity 
for prior public comment hereon are unnecessary and the FAA finds good 
cause, in accordance with 5 U.S.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 the Cirrus Design Corporation Model 
SF50 airplane.

1. Installation of Lithium Battery

    In lieu of the requirements in Sec.  23.1353 (a), (b), (c), (d), 
and (e), amendment 23-62, rechargeable lithium battery installations on 
the Cirrus Model SF50 must be designed and installed as follows:
    (1) Maintain safe cell temperatures and pressures during--
    i. Normal operations;
    ii. Any probable failure conditions of charging or discharging or 
battery monitoring system;
    iii. Any failure of the charging or battery monitoring system shown 
to not be extremely remote.
    (2) Prevent explosion or fire in the event of a failure under 
(1)(ii) and (1)(iii) above.
    (3) Prevent the occurrence of self-sustaining, uncontrolled 
increases in temperature or pressure.
    (4) Not emit explosive or toxic gases in hazardous quantities 
within the airplane either in normal operation or as a result of any 
failure.
    (5) Comply with the requirements of Sec.  23.863(a) through (d) at 
amendment 23-62.
    (6) Escaped corrosive fluids or gases shall not damage surrounding 
structure or any adjacent systems, equipment, electrical wiring, or the 
airplane in such a way as to cause a major or more severe failure 
condition, in accordance with Sec.  23.1309(c) at amendment 23-62--or 
commensurate Sec.  23.1309 paragraphs of older amendment--and 
applicable regulatory guidance.
    (7) The maximum amount of heat resulting from a short circuit of 
the battery or internal cell, or any other failure, shall not have any 
hazardous effect on structure or essential systems.
    (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.


[[Page 38014]]


    (10) The Instructions for Continued Airworthiness (ICA) required by 
Sec.  23.1529 must contain maintenance requirements to ensure 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 a 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 25, 2018.
Pat Mullen,
Manager, Small Airplane Standards Branch, Aircraft Certification 
Service.
[FR Doc. 2018-16609 Filed 8-2-18; 8:45 am]
 BILLING CODE 4910-13-P



                                                                                                                                                                                                                            38011

                                           Rules and Regulations                                                                                                                          Federal Register
                                                                                                                                                                                          Vol. 83, No. 150

                                                                                                                                                                                          Friday, August 3, 2018



                                           This section of the FEDERAL REGISTER                                    that established by the existing                                       the Federal Register published on April
                                           contains regulatory documents having general                            airworthiness standards.                                               11, 2000 (65 FR 19477–19478), as well
                                           applicability and legal effect, most of which                           DATES: The effective date of these                                     as at http://DocketsInfo.dot.gov.
                                           are keyed to and codified in the Code of                                special conditions is August 3, 2018.
                                           Federal Regulations, which is published under                                                                                                    Docket: Background documents or
                                                                                                                     We must receive your comments by                                     comments received may be read at
                                           50 titles pursuant to 44 U.S.C. 1510.
                                                                                                                   September 17, 2018.                                                    http://www.regulations.gov at any time.
                                           The Code of Federal Regulations is sold by                              ADDRESSES: Send comments identified                                    Follow the online instructions for
                                           the Superintendent of Documents.                                        by docket number FAA–2018–0697                                         accessing the docket or go to the Docket
                                                                                                                   using any of the following methods:                                    Operations in Room W12–140 of the
                                                                                                                     • Federal eRegulations Portal: Go to                                 West Building Ground Floor at 1200
                                           DEPARTMENT OF TRANSPORTATION                                            http://www.regulations.gov and follow                                  New Jersey Avenue SE., Washington,
                                                                                                                   the online instructions for sending your                               DC, between 9 a.m. and 5 p.m., Monday
                                           Federal Aviation Administration                                         comments electronically.                                               through Friday, except Federal holidays.
                                                                                                                     • Mail: Send comments to Docket
                                           14 CFR Part 23                                                          Operations, M–30, U.S. Department of                                   FOR FURTHER INFORMATION CONTACT:
                                           [Docket No. FAA–2018–0697; Special                                      Transportation (DOT), 1200 New Jersey                                  James Brady, Federal Aviation
                                           Conditions No. 23–289–SC]                                               Avenue SE, Room W12–140, West                                          Administration, Aircraft Certification
                                                                                                                   Building Ground Floor, Washington, DC                                  Service, Small Airplane Directorate,
                                           Special Conditions: Cirrus Design                                       20590–0001.                                                            AIR–691, 901 Locust, Room 301, Kansas
                                           Corporation; Model SF50 Airplane;                                         • Hand Delivery of Courier: Take                                     City, MO; telephone (816) 329–4132;
                                           Installation of Rechargeable Lithium                                    comments to Docket Operations in                                       facsimile (816) 329–4090.
                                           Batteries                                                               Room W12–140 of the West Building
                                                                                                                   Ground Floor at 1200 New Jersey                                        SUPPLEMENTARY INFORMATION:     The FAA
                                           AGENCY:  Federal Aviation                                               Avenue SE, Washington, DC, between 9                                   has determined that notice and
                                           Administration (FAA), DOT.                                              a.m. and 5 p.m., Monday through                                        opportunity for prior public comment
                                           ACTION: Final special conditions; request                               Friday, except Federal holidays.                                       are unnecessary because the substance
                                           for comments.                                                             • Fax: Fax comments to Docket                                        of these special conditions has been
                                                                                                                   Operations at 202–493–2251.                                            subjected to the public comment
                                           SUMMARY:   These special conditions are                                   Privacy: The FAA will post all                                       process in several prior instances with
                                           issued for the Cirrus Design Corporation                                comments it receives, without change,                                  no substantive comments received. It is
                                           Model SF50 airplane. This airplane will                                 to http://regulations.gov, including any                               unlikely that prior public comment
                                           have a novel or unusual design feature                                  personal information the commenter                                     would result in a significant change
                                           associated with the installation of a                                   provides. Using the search function of                                 from the substance contained herein.
                                           rechargeable lithium battery. The                                       the docket website, anyone can find and                                The FAA therefore finds that good cause
                                           applicable airworthiness regulations do                                 read the electronic form of all comments                               exists for making these special
                                           not contain adequate or appropriate                                     received into any FAA docket,                                          conditions effective upon issuance. The
                                           safety standards for this design feature.                               including the name of the individual                                   FAA is requesting comments to allow
                                           These special conditions contain the                                    sending the comment (or signing the                                    interested persons to submit views that
                                           additional safety standards the                                         comment for an association, business,                                  may not have been submitted in
                                           Administrator considers necessary to                                    labor union, etc.). DOT’s complete                                     response to the prior opportunities for
                                           establish a level of safety equivalent to                               Privacy Act Statement can be found in                                  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                                                        written comments, data, or views. The                                     We will consider all comments we
                                             We invite interested people to take                                   most helpful comments reference a                                      receive on or before the closing date for
                                           part in this rulemaking by sending                                      specific portion of the special                                        comments. We will consider comments
                                                                                                                   conditions, explain the reason for any                                 filed late if it is possible to do so
                                             1 http://rgl.faa.gov/Regulatory_and_Guidance_                         recommended change, and include                                        without incurring expense or delay. We
                                           Library/rgSC.nsf/0/39B156C006E                                          supporting data. We ask that you send                                  may change these special conditions
                                           B842E86257EF3004BB13C?                                                                                                                         based on the comments we receive.
                                           OpenDocument&Highlight=                                                 us two copies of written comments.
amozie on DSK3GDR082PROD with RULES




                                           installation%20of%20rechargeable                                                                                                               Background
                                           %20lithium%20battery.                                                      3 http://rgl.faa.gov/Regulatory_and_Guidance_
                                             2 http://rgl.faa.gov/Regulatory_and_Guidance_                                                                                                  On October 19, 2017, Cirrus Design
                                                                                                                   Library/rgSC.nsf/0/28E630294DCC
                                           Library/rgSC.nsf/0/902232309C19
                                                                                                                   27B986257513005968A3?                                                  Corporation (Cirrus) applied for a
                                           F0D4862575CB0045AC0D?
                                           OpenDocument&Highlight=                                                 OpenDocument&Highlight=                                                change to Type Certificate No.
                                           installation%20of%20rechargeable                                        installation%20of%20rechargeable                                       A00018CH for installation of
                                           %20lithium%20battery.                                                   %20lithium%20battery.                                                  rechargeable lithium batteries and


                                      VerDate Sep<11>2014        23:08 Aug 02, 2018        Jkt 244001      PO 00000       Frm 00001       Fmt 4700      Sfmt 4700      E:\FR\FM\03AUR1.SGM       03AUR1


                                           38012               Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Rules and Regulations

                                           battery systems in the Model SF50. The                    • All characteristics of the                        Title 14 Code of Federal Regulations
                                           SF50 is a normal category single-engine-                rechargeable lithium batteries and their
                                           jet airplane powered by a Williams                      installation that could affect safe                      14 CFR part 23, effective February 1,
                                           International Model FJ33–5A turbofan                    operation of the modified SF50                        1965, as amended by amendments 23–
                                           engine capable of carrying eight                        airplanes; and                                        1 through 23–62.
                                           occupants including one pilot, with a                     • Appropriate Instructions for                         14 CFR part 34, effective September
                                           maximum takeoff weight of 6,000                         Continued Airworthiness (ICA) that                    10, 1990, as amended by amendments
                                           pounds and a maximum operating                          include maintenance requirements to                   34–1 through 34–5A.
                                                                                                   ensure the availability of electrical
                                           altitude 28,000 feet.                                                                                            14 CFR part 36, effective December 1,
                                                                                                   power from the batteries when needed.
                                              The current regulatory requirements                                                                        1969, as amended by amendments 36–
                                           for part 23 airplanes do not contain                    Type Certification Basis                              1 through 36–28.
                                           adequate requirements for use of                          Under the provisions of § 21.101,                   Special Conditions
                                           rechargeable lithium batteries in                       Cirrus must show that the SF50
                                           airborne applications. This type of                     airplane, as changed, continues to meet                 23–261–SC, issued September 4,
                                           battery possesses certain failure and                   the applicable provisions of the                      2013, Inflatable Three-Point Restraint
                                           operational characteristics with                        regulations incorporated by reference in              Safety Belt with an Integrated Airbag
                                           maintenance requirements that differ                    Type Certificate Data Sheet (TCDS) No.                Device.
                                           significantly from that of the nickel-                  A00018CH 4 or the applicable                            23–267–SC, issued September 14,
                                           cadmium (Ni-Cd) and lead-acid                           regulations in effect on the date of                  2015, Full Authority Digital Engine
                                                                                                   application for the change. The                       Control System.
                                           rechargeable batteries currently
                                                                                                   regulations incorporated by reference in
                                           approved in other normal, utility,                                                                              23–272–SC, issued December 2, 2015,
                                                                                                   the type certificate are commonly
                                           acrobatic, and commuter category                        referred to as the ‘‘original type                    Auto Throttle.
                                           airplanes. Therefore, the FAA is                        certification basis.’’ The regulations                  23–275–SC, issued July 6, 2016,
                                           applying this special condition to                      incorporated by reference in TCDS No.                 Whole Airplane Parachute Recovery
                                           address—                                                A00018CH are as follows:                              System.
                                                                                              EQUIVALENT LEVEL OF SAFETY (ELOS) FINDINGS
                                                                   ELOS No., date and subject                                                        Regulation requiring an ELOS

                                           ACE–14–06, dated April 10, 2014: Electronic Placards ..........................      §§ 23.1559, 23.1567.
                                           ACE–15–04, dated October 17, 2016: Landing Gear Warning Horn ......                  § 23.729(f).
                                           ACE–15–14, dated June 25, 2015: Cockpit Control Knob Shape ...........               § 23.781(b).
                                           TC6444CH–A–F–2, dated July 12, 2016: Spin Requirements ................              § 23.221.
                                           TC06444CH–A–F–5, dated July 15, 2016: Amendment 62 Corrections                       §§ 23.45, 23.51, 23.63, 23.67, 23.73, 23.77, 23.161, 23.181, 23.221,
                                                                                                                                   23.251, 23.253, 23.571, 23.785, 23.831, 23.1195, 23.1197, 23.1199,
                                                                                                                                   23.1201, 23.1527, 23.1545, 23.1583.OW≤
                                           TC6444CH–A–S–11, dated June 23, 2016: Storage Battery Design and                     § 23.1353(h).
                                             Installation.



                                           Exemptions                                              the fuel vent and exhaust emission                    battery as a main or engine start airplane
                                              Exemption No. 9948, dated October                    requirements of 14 CFR part 34 and the                battery.
                                           23, 2009, §§ 23.562(b) and 23.785(a),                   noise certification requirements of 14
                                                                                                                                                         Discussion
                                           Installation of seats limited to occupants              CFR part 36.
                                                                                                     The FAA issues special conditions, as                  The applicable regulations governing
                                           weighing 90 pounds or less.                                                                                   the installation of batteries in general
                                              Exemption No. 11092, dated October                   defined in § 11.19, under § 11.38 and
                                                                                                   they become part of the type                          aviation airplanes were derived from
                                           23, 2014, § 23.177(b), Use of electric roll                                                                   Civil Air Regulations (CAR) 3 as part of
                                           trim for static lateral stability.                      certification basis under § 21.101.
                                                                                                     Special conditions are initially                    the recodification that established 14
                                              Exemption No. 16970, dated June 23,                                                                        CFR part 23. The battery requirements
                                                                                                   applicable to the models for which they
                                           2016, § 23.1419(a), 61-knot stall speed                                                                       identified in § 23.1353 were a rewording
                                                                                                   are issued. Should the type certificate
                                           with critical ice accretions.                                                                                 of the CAR requirements. Additional
                                                                                                   for that model be amended later to
                                              If the Administrator finds that the                                                                        rulemaking activities—resulting from
                                                                                                   include any other model that
                                           applicable airworthiness regulations                                                                          increased incidents of Ni-Cd battery fire
                                                                                                   incorporates the same novel or unusual
                                           (i.e., 14 CFR part 23) do not contain                                                                         or failures—incorporated § 23.1353(f)
                                                                                                   design feature, or should any other
                                           adequate or appropriate safety standards                                                                      and (g), amendments 23–20 and 23–21,
                                                                                                   model already included on the same
                                           for the SF50 airplane because of a novel                                                                      respectively. The FAA did not envision
                                                                                                   type certificate be modified to
                                           or unusual design feature, special                                                                            the introduction of lithium battery
                                                                                                   incorporate the same novel or unusual
                                           conditions are prescribed under the                                                                           installations at the time these
                                                                                                   design feature, the FAA would apply
                                           provisions of § 21.16.                                                                                        regulations were published.
                                                                                                   these special conditions to the other
                                              In addition to the applicable                                                                                 The proposed use of rechargeable
                                                                                                   model(s).
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                                           airworthiness regulations and special                                                                         lithium batteries prompted the FAA to
                                           conditions, the SF50 must comply with                   Novel or Unusual Design Features                      review the adequacy of these existing
                                             4 http://rgl.faa.gov/Regulatory_and_Guidance_
                                                                                                     The Cirrus SF50 airplane will                       regulations. We determined the existing
                                           Library/rgMakeModel.nsf/0/
                                                                                                   incorporate the following novel or                    regulations do not adequately address
                                           4ec2ccf1759afb61862581860056ef39/$FILE/                 unusual design features: The                          the safety of lithium battery
                                           A00018CH_Rev_3.pdf.                                     installation of a rechargeable lithium                installations.


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                                                               Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Rules and Regulations                                           38013

                                              Current experience with rechargeable                 has the potential to create major                     battery installations on the Cirrus Model
                                           lithium batteries in commercial or                      hazards. Care must be taken to ensure                 SF50 must be designed and installed as
                                           general aviation is limited. However,                   that the lithium battery remains within               follows:
                                           other users of this technology—ranging                  the manufacturer’s recommended                           (1) Maintain safe cell temperatures
                                           from personal computers, to wireless                    specification.                                        and pressures during—
                                           telephone manufacturers, to the electric                                                                         i. Normal operations;
                                           vehicle industry—have noted safety                      Applicability                                            ii. Any probable failure conditions of
                                           problems with rechargeable lithium                        As discussed above, these special                   charging or discharging or battery
                                           batteries. These problems, as described                 conditions are applicable to the SF50                 monitoring system;
                                           in the following paragraphs, include                    airplane. Should Cirrus apply at a later                 iii. Any failure of the charging or
                                           overcharging, over-discharging,                         date for a change to the type certificate             battery monitoring system shown to not
                                           flammability of cell components, cell                   to include another model incorporating                be extremely remote.
                                           internal defects, and hazards resulting                 the same novel or unusual design                         (2) Prevent explosion or fire in the
                                           from exposure to extreme temperatures.                  feature, the FAA would apply these                    event of a failure under (1)(ii) and
                                              1. Overcharging: In general,                         special conditions to that model as well.             (1)(iii) above.
                                           rechargeable lithium batteries are                                                                               (3) Prevent the occurrence of self-
                                           significantly more susceptible than their               Conclusion                                            sustaining, uncontrolled increases in
                                           Ni-Cd or lead-acid counterparts to                         This action affects only certain novel             temperature or pressure.
                                           thermal runway, which is an internal                    or unusual design features on the SF50                   (4) Not emit explosive or toxic gases
                                           failure that can result in self-sustaining              airplane. It is not a rule of general                 in hazardous quantities within the
                                           increases in temperature and pressure.                  applicability and affects only the                    airplane either in normal operation or as
                                           This is especially true for overcharging,               applicant who applied to the FAA for                  a result of any failure.
                                           which causes heating and                                approval of these features on the                        (5) Comply with the requirements of
                                           destabilization of the components of the                airplane.                                             § 23.863(a) through (d) at amendment
                                           cell, leading to the formation (by                         The substance of these special                     23–62.
                                           plating) of highly unstable metallic                    conditions has been subjected to the                     (6) Escaped corrosive fluids or gases
                                           lithium. The metallic lithium can ignite,               notice and comment period in several                  shall not damage surrounding structure
                                           resulting in a self-sustaining fire or                  prior instances and has been derived                  or any adjacent systems, equipment,
                                           explosion. Finally, the severity of                     without substantive change from those                 electrical wiring, or the airplane in such
                                           thermal runaway due to overcharging                     previously issued. It is unlikely that                a way as to cause a major or more severe
                                           increases with increasing battery                       prior public comment would result in a                failure condition, in accordance with
                                           capacity due to the higher amount of                    significant change from the subject                   § 23.1309(c) at amendment 23–62—or
                                           electrolyte in large batteries.                         contained herein. Therefore, notice and               commensurate § 23.1309 paragraphs of
                                              2. Over-discharging: Discharge of                    opportunity for prior public comment                  older amendment—and applicable
                                           some types of rechargeable lithium                      hereon are unnecessary and the FAA                    regulatory guidance.
                                           battery cells beyond the manufacturer’s                 finds good cause, in accordance with 5                   (7) The maximum amount of heat
                                           recommended specification can cause                     U.S.C. 553(b)(3)(B) and 553(d)(3), for                resulting from a short circuit of the
                                           corrosion of the electrodes of the cell,                making these special conditions                       battery or internal cell, or any other
                                           resulting in loss of battery capacity that              effective upon issuance. The FAA is                   failure, shall not have any hazardous
                                           cannot be reversed by recharging. This                  requesting comments to allow interested               effect on structure or essential systems.
                                           loss of capacity may not be detected by                 persons to submit views that may not                     (8) Rechargeable lithium battery
                                           the simple voltage measurements                         have been submitted in response to the                installations must have a system to
                                           commonly available to flight crews as a                 prior opportunities for comment                       automatically control the charging rate
                                           means of checking battery status—a                      described above.                                      of the battery to prevent battery
                                           problem shared with Ni-Cd batteries. In                                                                       overheating and overcharging, and
                                           addition, over-discharging has the                      List of Subjects in 14 CFR Part 23                    either—
                                           potential to lead to an unsafe condition                  Aircraft, Aviation safety, Signs and                   i. A battery temperature sensing and
                                           (creation of dendrites that could result                symbols.                                              over-temperature warning system with a
                                           in internal short circuit during the                                                                          means for automatically disconnecting
                                                                                                   Citation                                              the battery from its charging source in
                                           recharging cycle).
                                              3. Flammability of Cell Components:                    The authority citation for these                    the event of an over-temperature
                                           Unlike Ni-Cd and lead-acid batteries,                   special conditions is as follows:                     condition; or
                                           some types of rechargeable lithium                                                                               ii. A battery failure sensing and
                                                                                                     Authority: 49 U.S.C. 106(f), 106(g), 40113,
                                           batteries use liquid electrolytes that are              44701–44702, 44704; Pub. L. 113–53, 127
                                                                                                                                                         warning system with a means for
                                           flammable. The electrolyte can serve as                 Stat 584 (49 U.S.C. 44704) note; 14 CFR 21.16         automatically disconnecting the battery
                                           a source of fuel for an external fire, if               and 21.101; and 14 CFR 11.38 and 11.19.               from its charging source in the event of
                                           there is a breach of the battery                                                                              battery failure.
                                                                                                   The Special Conditions                                   (9) Any rechargeable lithium battery
                                           container.
                                              4. Cell Internal Defects: The                          Accordingly, pursuant to the                        installation, the function of which is
                                           rechargeable lithium batteries and                      authority delegated to me by the                      required for safe operation of the
                                           rechargeable battery systems have a                     Administrator, the following special                  aircraft, must incorporate a monitoring
                                           history of undetected cell internal                     conditions are issued as part of the type             and warning feature that will provide an
                                           defects. These defects may or may not                   certification basis for the Cirrus Design             indication to the appropriate flight
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                                           be detected during normal operational                   Corporation Model SF50 airplane.                      crewmembers whenever the state of
                                           evaluation, test, and validation. This                                                                        charge of the batteries has fallen below
                                           may lead to an unsafe condition during                  1. Installation of Lithium Battery                    levels considered acceptable for
                                           in-service operation.                                      In lieu of the requirements in                     dispatch of the aircraft.
                                              5. Extreme Temperatures: Exposure to                 § 23.1353 (a), (b), (c), (d), and (e),                   Note 1 to paragraph (9): Reference
                                           an extreme temperature environment                      amendment 23–62, rechargeable lithium                 § 23.1353(h) for dispatch consideration.



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                                           38014               Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Rules and Regulations

                                              (10) The Instructions for Continued                  DEPARTMENT OF TRANSPORTATION                          any comments received, and other
                                           Airworthiness (ICA) required by                                                                               information. The street address for
                                           § 23.1529 must contain maintenance                      Federal Aviation Administration                       Docket Operations (telephone 800- 647–
                                           requirements to ensure that the battery                                                                       5527) is in the ADDRESSES section.
                                           has been sufficiently charged at                        14 CFR Part 39                                        Comments will be available in the AD
                                           appropriate intervals specified by the                  [Docket No. FAA–2018–0720; Product                    docket shortly after receipt.
                                           battery manufacturer and the equipment                  Identifier 2017–SW–012–AD; Amendment                     For service information identified in
                                           manufacturer that contain the                           39–19348; AD 2018–16–08]                              this final rule, contact Leonardo S.p.A.
                                           rechargeable lithium battery or                                                                               Helicopters, Matteo Ragazzi, Head of
                                                                                                   RIN 2120–AA64
                                           rechargeable lithium battery system.                                                                          Airworthiness, Viale G.Agusta 520,
                                           The lithium rechargeable batteries and                  Airworthiness Directives; Leonardo                    21017 C.Costa di Samarate (Va) Italy;
                                           lithium rechargeable battery systems                    S.p.A. Helicopters (Type Certificate                  telephone +39–0331–711756; fax +39–
                                                                                                   Previously Held By Finmeccanica                       0331–229046; or at http://
                                           must not degrade below specified
                                                                                                   S.p.A., AgustaWestland S.p.A)                         www.leonardocompany.com/-/bulletins.
                                           ampere-hour levels sufficient to power
                                                                                                                                                         You may review the referenced service
                                           the aircraft system. The ICA must also                  AGENCY:  Federal Aviation                             information at the FAA, Office of the
                                           contain procedures for the maintenance                  Administration (FAA), Department of                   Regional Counsel, Southwest Region,
                                           of replacement batteries to prevent the                 Transportation (DOT).                                 10101 Hillwood Pkwy, Room 6N–321,
                                           installation of batteries that have                                                                           Fort Worth, TX 76177.
                                                                                                   ACTION: Final rule; request for
                                           degraded charge retention ability or                    comments.                                             FOR FURTHER INFORMATION CONTACT: Eric
                                           other damage due to prolonged storage                                                                         Haight, Aviation Safety Engineer,
                                           at a low state of charge. Replacement                   SUMMARY:   We are adopting a new                      Regulations and Policy Section,
                                           batteries must be of the same                           airworthiness directive (AD) for                      Rotorcraft Standards Branch, FAA,
                                           manufacturer and part number as                         Leonardo S.p.A. (Leonardo) Model                      10101 Hillwood Pkwy., Fort Worth, TX
                                           approved by the FAA.                                    A109E, A109S, and AW109SP                             76177; telephone (817) 222 5110; email
                                             Note 2 to paragraph (10): Maintenance
                                                                                                   helicopters with an oil cooler fan                    eric.haight@faa.gov.
                                           requirements include procedures that check              assembly (fan assembly) installed. This
                                                                                                                                                         SUPPLEMENTARY INFORMATION:
                                           battery capacity, charge degradation at                 AD requires inspecting each oil cooler
                                           manufacturers recommended inspection                    system pulley assembly (pulley                        Comments Invited
                                           intervals, and replace batteries at                     assembly) bearing and replacing each                     This AD is a final rule that involves
                                           manufacturer’s recommended replacement                  fan assembly. This AD is prompted by                  requirements affecting flight safety, and
                                           schedule/time to prevent age-related                    reports of degraded pulley assembly                   we did not provide you with notice and
                                           degradation.                                            bearings. The actions of this AD are                  an opportunity to provide your
                                                                                                   intended to correct an unsafe condition               comments prior to it becoming effective.
                                              Note 3 to paragraph (10): The term                   on these products.                                    However, we invite you to participate in
                                           ‘‘sufficiently charged’’ means that the battery         DATES: This AD becomes effective                      this rulemaking by submitting written
                                           must retain enough charge, expressed in                 August 20, 2018.                                      comments, data, or views. We also
                                           ampere-hours, to ensure that the battery cells            We must receive comments on this                    invite comments relating to the
                                           will not be damaged. A battery cell may be              AD by October 2, 2018.                                economic, environmental, energy, or
                                           damaged by low charge (i.e., below a certain
                                                                                                   ADDRESSES: You may send comments by                   federalism impacts that resulted from
                                           level), resulting in a reduction in the ability
                                                                                                   any of the following methods:                         adopting this AD. The most helpful
                                           to charge and retain a full charge. This
                                                                                                     • Federal eRulemaking Docket: Go to                 comments reference a specific portion of
                                           reduction would be greater than the
                                                                                                   http://www.regulations.gov. Follow the                the AD, explain the reason for any
                                           reduction that may result from normal
                                           operational degradation.
                                                                                                   online instructions for sending your                  recommended change, and include
                                                                                                   comments electronically.                              supporting data. To ensure the docket
                                             Note 4 to paragraph (10): Replacement                   • Fax: 202–493–2251.                                does not contain duplicate comments,
                                           battery in spares storage may be subject to               • Mail: Send comments to the U.S.                   commenters should send only one copy
                                           prolonged storage at a low state of charge.             Department of Transportation, Docket                  of written comments, or if comments are
                                                                                                   Operations, M–30, West Building                       filed electronically, commenters should
                                             Issued in Kansas City, Missouri, on July 25,          Ground Floor, Room W12–140, 1200                      submit them only one time. We will file
                                           2018.                                                   New Jersey Avenue SE, Washington, DC                  in the docket all comments that we
                                           Pat Mullen,                                             20590–0001.                                           receive, as well as a report summarizing
                                           Manager, Small Airplane Standards Branch,                 • Hand Delivery: Deliver to the                     each substantive public contact with
                                           Aircraft Certification Service.                         ‘‘Mail’’ address between 9 a.m. and                   FAA personnel concerning this
                                           [FR Doc. 2018–16609 Filed 8–2–18; 8:45 am]              5 p.m., Monday through Friday, except                 rulemaking during the comment period.
                                                                                                   Federal holidays.                                     We will consider all the comments we
                                           BILLING CODE 4910–13–P
                                                                                                                                                         receive and may conduct additional
                                                                                                   Examining the AD Docket
                                                                                                                                                         rulemaking based on those comments.
                                                                                                     You may examine the AD docket on
                                                                                                   the internet at http://                               Discussion
                                                                                                   www.regulations.gov by searching for                    EASA, which is the Technical Agent
                                                                                                   and locating Docket No. FAA–2018–                     for the Member States of the European
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                                                                                                   0720; or in person at Docket Operations               Union, has issued EASA Emergency AD
                                                                                                   between 9 a.m. and 5 p.m., Monday                     No. 2017–0046–E, dated March 10,
                                                                                                   through Friday, except Federal holidays.              2017, to correct an unsafe condition for
                                                                                                   The AD docket contains this AD, the                   Leonardo (previously Finmeccanica
                                                                                                   European Aviation Safety Agency                       S.p.A, AgustaWestland S.p.A.) Model
                                                                                                   (EASA) AD, the economic evaluation,                   A109E, A109LUH, A109S, and


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Document Created: 2018-11-06 10:34:47
Document Modified: 2018-11-06 10:34:47
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 August 3, 2018.
ContactJames Brady, Federal Aviation Administration, Aircraft Certification Service, Small Airplane Directorate, AIR-691, 901 Locust, Room 301, Kansas City, MO; telephone (816) 329-4132; facsimile (816) 329-4090.
FR Citation83 FR 38011 
CFR AssociatedAircraft; Aviation Safety and Signs and Symbols

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