Special Conditions: TCW Technologies, LLC; Piper Aircraft PA-32 Series Airplanes; Installation of Rechargeable Lithium Batteries, 35119-35122 [2018-15912]

Download as PDF Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Rules and Regulations addresses other important issues affecting clarity and general draftsmanship under any guidelines issued by the Attorney General. Section 3(c) of Executive Order 12988 requires Executive agencies to review regulations in light of applicable standards in section 3(a) and section 3(b) to determine whether they are met or it is unreasonable to meet one or more of them. DOE has completed the required review and determined that, to the extent permitted by law, the final rule meets the relevant standards of Executive Order 12988. daltland on DSKBBV9HB2PROD with RULES J. Treasury and General Government Appropriations Act, 2001 The Treasury and General Government Appropriations Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most disseminations of information to the public under guidelines established by each agency pursuant to general guidelines issued by OMB. OMB’s guidelines were published at 67 FR 8452 (February 22, 2002), and DOE’s guidelines were published at 67 FR 62446 (October 7, 2002). DOE has reviewed this final rule under the OMB and DOE guidelines and has concluded that it is consistent with applicable policies in those guidelines. K. Executive Order 13211 Executive Order 13211, ‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use,’’ 66 FR 28355 (May 22, 2001) requires Federal agencies to prepare and submit to the OMB, a Statement of Energy Effects for any proposed significant energy action. A ‘‘significant energy action’’ is defined as any action by an agency that promulgated or is expected to lead to promulgation of a final rule, and that: (1) Is a significant regulatory action under Executive Order 12866, or any successor order; and (2) is likely to have a significant adverse effect on the supply, distribution, or use of energy, or (3) is designated by the Administrator of OIRA as a significant energy action. For any proposed significant energy action, the agency must give a detailed statement of any adverse effects on energy supply, distribution, or use should the proposal be implemented, and of reasonable alternatives to the action and their expected benefits on energy supply, distribution, and use. This regulatory action, which is intended to streamline the application and approval process for small-scale natural gas exports, will not have a significant adverse effect on the supply, distribution, or use of energy, and VerDate Sep<11>2014 16:20 Jul 24, 2018 Jkt 244001 therefore is not a significant energy action. Accordingly, DOE has not prepared a Statement of Energy Effects. L. Congressional Notification As required by 5 U.S.C. 801, DOE will report to Congress on the promulgation of this rule prior to its effective date. The report will state that it has been determined that the rule is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). IV. Approval of the Office of the Secretary The Secretary of Energy has approved the publication of this final rule. List of Subjects in 10 CFR Part 590 Administrative practice and procedure, Exports, Natural gas, Reporting and recordkeeping requirements. Signed in Washington, DC, on July 19, 2018. Steven E. Winberg, Assistant Secretary, Office of Fossil Energy. For the reasons stated in the preamble, DOE amends part 590, chapter II of title 10, subchapter G, Code of Federal Regulations as set forth below: PART 590—ADMINISTRATIVE PROCEDURES WITH RESPECT TO THE IMPORT AND EXPORT OF NATURAL GAS 1. The authority citation for part 590 continues to read as follows: ■ Authority: Secs. 301(b), 402(f), and 644, Pub. L. 95–91, 91 Stat. 578, 585, and 599 (42 U.S.C. 7151(b), 7172(f), and 7254), Sec. 3, Act of June 21, 1938, c. 556, 52 Stat. 822 (15 U.S.C. 717b); E.O. 12009 (42 FR 46267, September 15, 1977); DOE Delegation Order Nos. 0204–111 and 0204–127 (49 FR 6684, February 22, 1984; 54 FR 11437, March 20, 1989). 2. Section 590.102 is amended by redesignating paragraph (p) as paragraph (q) and adding new paragraph (p) to read as follows: ■ § 590.102 Definitions. * * * * * (p) Small-scale natural gas export means an export of natural gas to nations with which there is not in effect a free trade agreement with the United States requiring national treatment for trade in natural gas and with which trade is not prohibited by U.S. law or policy, provided that the application for such export authority satisfies the following two criteria: (1) The application proposes to export natural gas in a volume up to and including 51.75 billion cubic feet per year, and PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 35119 (2) DOE’s approval of the application does not require an environmental impact statement or an environmental assessment under the National Environmental Policy Act, 42 U.S.C. 4321 et seq. * * * * * ■ 3. Section 590.208 is revised to read as follows: § 590.208 Small volume exports. (a) Small-scale natural gas exports. Small-scale natural gas exports are deemed to be consistent with the public interest under section 3(a) of the Natural Gas Act, 15 U.S.C. 717b(a). DOE will issue an export authorization upon receipt of any complete application to conduct small-scale natural gas exports. DOE’s regulations regarding notice of applications, 10 CFR 590.205, and procedures applicable to application proceedings, 10 CFR part 590, subpart C (10 CFR 590.303 to 10 CFR 590.317), are not applicable to small-scale natural gas exports. (b) Scientific, experimental, or other non-utility natural gas exports. Any person may export up to 100,000 cubic feet of natural gas (14.73 pounds per square inch at 60 degrees Fahrenheit) or the liquefied or compressed equivalent thereof, in a single shipment for scientific, experimental, or other nonutility gas use without prior authorization of the Assistant Secretary. [FR Doc. 2018–15903 Filed 7–24–18; 8:45 am] BILLING CODE 6450–01–P 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 Federal Aviation Administration (FAA), DOT. ACTION: Final special conditions; request for comments. AGENCY: 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. SUMMARY: E:\FR\FM\25JYR1.SGM 25JYR1 daltland on DSKBBV9HB2PROD with RULES 35120 Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Rules and Regulations 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 VerDate Sep<11>2014 16:20 Jul 24, 2018 Jkt 244001 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. 23–15–01–SC 1 .... 23–09–02–SC 2 .... 23–08–05–SC 3 .... Company/airplane model Kestrel Aircraft Company/ Model K–350. Cessna Aircraft Company/ Model 525C (CJ4). 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. 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 1 http://rgl.faa.gov/Regulatory_and_Guidance_ Library/rgSC.nsf/0/39B156C006 EB842E86257EF3004BB13C?Open Document&Highlight=installation%20of %20rechargeable%20lithium%20battery. 2 http://rgl.faa.gov/Regulatory_and_Guidance_ Library/rgSC.nsf/0/902232309C19F0 D4862575CB0045AC0D?Open Document&Highlight=installation%20 of%20rechargeable%20lithium%20battery. 3 http://rgl.faa.gov/Regulatory_and_Guidance_ Library/rgSC.nsf/0/28E630294 DCC27B986257513005968A3?Open Document&Highlight=installation%20of %20rechargeable%20lithium%20battery. PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 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 nickelcadmium (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 § 21.101, TCW must show that the PA–32 seriesairplanes, 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. 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 § 21.16. The FAA issues special conditions, as defined in § 11.19, under § 11.38 and they become part of the type certification basis under § 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 § 21.101. 4 http://rgl.faa.gov/Regulatory_and_Guidance_ Library/rgMakeModel.nsf/0/ 44c795c1c122b21286257d74004d1952/$FILE/ A3SO_Rev_33.pdf.pdf E:\FR\FM\25JYR1.SGM 25JYR1 Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Rules and Regulations 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. daltland on DSKBBV9HB2PROD with RULES 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 § 23.1353 were a rewording of the CAR requirements. Additional rulemaking activities—resulting from increased incidents of Ni-Cd battery fire or failures—incorporated § 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 VerDate Sep<11>2014 16:20 Jul 24, 2018 Jkt 244001 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 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 35121 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 § 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 E:\FR\FM\25JYR1.SGM 25JYR1 35122 Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Rules and Regulations requirements of § 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 § 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. daltland on DSKBBV9HB2PROD with RULES Note 1 to paragraph (9): Reference § 23.1353(h) for dispatch consideration. (10) The Instructions for Continued Airworthiness (ICA) required by § 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 VerDate Sep<11>2014 16:20 Jul 24, 2018 Jkt 244001 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 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 63 [EPA–HQ–OAR–2016–0442; FRL–9981–06– OAR] RIN 2060–AS92 National Emission Standards for Hazardous Air Pollutants From the Portland Cement Manufacturing Industry Residual Risk and Technology Review Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: This action finalizes the residual risk and technology review (RTR) conducted for the Portland Cement Manufacturing Industry source category regulated under national emission standards for hazardous air pollutants (NESHAP). These final amendments include no revisions to the numerical emission limits of the rule based on the RTR. The amendments reflect corrections and clarifications of the rule requirements and provisions. While the amendments do not result in reductions in emissions of hazardous air SUMMARY: PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 pollutants (HAP), this action results in improved monitoring, compliance, and implementation of the rule. DATES: This final action is effective on July 25, 2018. ADDRESSES: The Environmental Protection Agency (EPA) has established a docket for this action under Docket ID No. EPA–HQ–OAR–2016–0442. All documents in the docket are listed on the https://www.regulations.gov website. Although listed, some information is not publicly available, e.g., confidential business information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through https:// www.regulations.gov, or in hard copy at the EPA Docket Center, WJC West Building, Room Number 3334, 1301 Constitution Ave. NW, Washington, DC. The Public Reading Room hours of operation are 8:30 a.m. to 4:30 p.m. Eastern Standard Time (EST), Monday through Friday. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the Docket Center is (202) 566–1742. FOR FURTHER INFORMATION CONTACT: For questions about this final action, contact Mr. Brian Storey, Sector Policies and Programs Division (D243–04), Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711; telephone number: (919) 541– 1103; fax number: (919) 541–4991; and email address: storey.brian@epa.gov. For specific information regarding the risk modeling methodology, contact Mr. James Hirtz, Health and Environmental Impacts Division (C539–02), Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711; telephone number: (919) 541– 0881; fax number: (919) 541–0840; and email address: hirtz.james@epa.gov. For information about the applicability of the NESHAP to a particular entity, contact Ms. Sara Ayres, Office of Enforcement and Compliance Assurance, U.S. Environmental Protection Agency, U.S. EPA Region 5 (E–19J), 77 West Jackson Boulevard, Chicago, Illinois 60604; telephone number: (312) 353–6266; email address: ayres.sara@epa.gov. SUPPLEMENTARY INFORMATION: Preamble Acronyms and Abbreviations. We use multiple acronyms and terms in this preamble. While this list may not be exhaustive, to E:\FR\FM\25JYR1.SGM 25JYR1

Agencies

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


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 23

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


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

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SUMMARY: These special conditions are issued for the Piper Aircraft 
Model PA-32-series airplanes. These airplanes, as modified by TCW 
Technologies, LLC, will have a novel or unusual design feature 
associated with the installation of a rechargeable lithium battery. The 
applicable airworthiness regulations do not contain adequate or 
appropriate safety standards for this design feature.

[[Page 35120]]

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

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

ADDRESSES: Send comments identified by docket number FAA-2018-0678 
using any of the following methods:
     Federal eRegulations Portal: Go to http://www.regulations.gov and follow the online instructions for sending your 
comments electronically.
     Mail: Send comments to Docket Operations, M-30, U.S. 
Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room 
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery of Courier: Take comments to Docket 
Operations in Room W12-140 of the West Building Ground Floor at 1200 
New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at 202-493-2251.
    Privacy: The FAA will post all comments it receives, without 
change, to http://regulations.gov, including any personal information 
the commenter provides. Using the search function of the docket 
website, anyone can find and read the electronic form of all comments 
received into any FAA docket, including the name of the individual 
sending the comment (or signing the comment for an association, 
business, labor union, etc.). DOT's complete Privacy Act Statement can 
be found in the Federal Register published on April 11, 2000 (65 FR 
19477-19478), as well as at http://DocketsInfo.dot.gov.
    Docket: Background documents or comments received may be read at 
http://www.regulations.gov at any time. Follow the online instructions 
for accessing the docket or go to the Docket Operations in Room W12-140 
of the West Building Ground Floor at 1200 New Jersey Avenue SE, 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

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

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

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

Comments Invited

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

Background

    On May 5, 2017, TCW Technologies, LLC (TCW) applied for a 
supplemental type certificate (STC) to install a rechargeable lithium 
battery on Piper Aircraft Model PA-32-series airplanes. These airplanes 
are normal category airplanes with a maximum of 7 seats (including 
flightcrew), powered by a Lycoming O-540-series engine with 3,400 to 
3,600 pounds maximum takeoff weight, depending on the specific model.
    The current regulatory requirements for part 23 airplanes do not 
contain adequate requirements for use of rechargeable lithium batteries 
in airborne applications. This type of battery possesses certain 
failure and operational characteristics with maintenance requirements 
that differ significantly from that of the nickel-cadmium (Ni-Cd) and 
lead-acid rechargeable batteries currently approved in other normal, 
utility, acrobatic, and commuter category airplanes. Therefore, the FAA 
is issuing this special condition to address--
     All characteristics of the rechargeable lithium batteries 
and their installation that could affect safe operation of the modified 
PA-32-series airplanes; and
     Appropriate Instructions for Continued Airworthiness (ICA) 
that include maintenance requirements to ensure the availability of 
electrical power from the batteries when needed.

Type Certification Basis

    Under the provisions of Sec.  21.101, TCW must show that the PA-32 
series-airplanes, as changed, continue to meet the applicable 
provisions of the regulations incorporated by reference in Type 
Certificate Data Sheet (TCDS) No. A3SO \4\ or the applicable 
regulations in effect on the date of application for the change. The 
regulations incorporated by reference in the type certificate are 
commonly referred to as the ``original type certification basis.'' The 
regulations incorporated by reference are located in TCDS A3SO, pages 
24 through 28.
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    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