[Federal Register Volume 75, Number 113 (Monday, June 14, 2010)]
[Proposed Rules]
[Pages 33553-33556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-14195]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 23

[Docket No. CE307; Notice No. 23-10-01-SC]


Special Conditions: AeroMech, Incorporated; Hawker Beechcraft 
Corporation, Model B200 and Other Aircraft Listed in Table 1, Approved 
Model List (AML); Installation of MD835 Lithium Ion Battery

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed special conditions.

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

SUMMARY: This action proposes special conditions for the AeroMech, 
Incorporated; Hawker Beechcraft Corporation, model B200 and other part 
23 aircraft listed on the AML. These airplanes as modified by AeroMech, 
Incorporated will have a novel or unusual design feature(s) associated 
with installation of the Mid-Continent Instruments MD835 Lithium Ion 
(Li-ion) battery. The applicable airworthiness regulations do not 
contain adequate or appropriate safety standards for this design 
feature. These proposed special conditions contain the additional 
safety standards that the Administrator considers necessary to 
establish a level of safety equivalent to that established by the 
existing airworthiness standards.

DATES: We must receive your comments by July 14, 2010.

ADDRESSES: Mail two copies of your comments to: Federal Aviation 
Administration, Regional Counsel, ACE-7, 901 Locust, Room 506, Kansas 
City, Missouri 64106. You may deliver two copies to the Small Airplane 
Directorate at the above address. Mark your comments: Docket No. CE307. 
You may inspect comments in the Rules Docket weekdays, except Federal 
holidays, between 7:30 a.m. and 4 p.m.

FOR FURTHER INFORMATION CONTACT: James Brady, Regulations and Policy 
Branch, ACE-111, Federal Aviation Administration, Small Airplane 
Directorate, Aircraft Certification Service, 901 Locust, Kansas City, 
MO 64106; telephone (816) 329-4132; facsimile (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite interested persons to submit written data, views, or 
arguments as they desire. 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 file in the docket all comments we receive, as well as a 
report summarizing each substantive public contact with FAA personnel 
concerning these special conditions. You may inspect the docket before 
and after the comment closing date. If you wish to review the docket in 
person, go to the address in the ADDRESSES section of this preamble 
between 7:30 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays.
    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.
    If you want the FAA to acknowledge receipt of your comments on this 
proposal, include with your comments a pre-addressed, stamped postcard 
on which the docket number appears. We will stamp the date on the 
postcard and mail it back to you.

Background

    On September 18, 2009, AeroMech, Incorporated applied for a 
supplemental type certificate AML for installation of the Mid-Continent 
Instruments MD835 Li-ion battery in the Hawker Beechcraft Corporation, 
B200 and other aircraft listed on the AML. The AML covers part 23 
aircraft that currently use the PS-835 lead-acid emergency battery.
    The current regulatory requirements for part 23 airplanes do not 
contain adequate requirements for the application of Li-ion batteries 
in airborne applications. AeroMech, Incorporated proposes to replace an 
existing L-3 Communications PS-835 lead-acid emergency battery with a 
Mid-Continent Instruments MD835 Li-ion battery on part 23 aircraft 
currently equipped with the PS-835 battery. This type of battery 
possesses certain failure, operational, and maintenance characteristics 
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.

Type Certification Basis

    Under the provisions of Sec.  21.101, AeroMech, Incorporated must 
show that the Hawker Beechcraft Corporation B200 and other aircraft 
listed on the AML continue to meet the applicable provisions of the 
regulations incorporated by reference in the type certificate of each 
model listed and 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 certification basis for each model qualified 
for this modification is detailed below.

                                          Table 1--Approved Model List
----------------------------------------------------------------------------------------------------------------
                                                                                        Certification basis for
           Aircraft make                  Aircraft model                 TCDS                  alteration
----------------------------------------------------------------------------------------------------------------
Aero Vodochody....................  Ae 270....................  A58CE Rev 3..........  14 CFR part 23 amdt 23-
                                                                                        59, except for 14 CFR
                                                                                        23.1308.
Cessna............................  441.......................  A28CE................  14 CFR part 23 amdt 23-
                                                                                        59, except for 14 CFR
                                                                                        23.1308.

[[Page 33554]]

 
Cessna............................  401, 402, 411, 414, 421,    A7CE.................  14 CFR part 23 amdt 23-
                                     425.                                               59, except for 14 CFR
                                                                                        23.1308.
Cessna............................  501, 551..................  A27CE Rev 17.........  14 CFR part 23 amdt 23-
                                                                                        59, except for 14 CFR
                                                                                        23.1308.
Cessna............................  525, 525A, 525B,..........  A1WI Rev 17..........  14 CFR part 23 amdt 23-
                                                                                        59, except for 14 CFR
                                                                                        23.1308.
Cessna............................  510.......................  A00014WI Rev 3.......  14 CFR part 23 amdt 23-
                                                                                        59, except for 14 CFR
                                                                                        23.1308.
Dornier...........................  228-100/-101/-200/-201/-    A16EU................  14 CFR part 23 amdt 23-
                                     202/-212.                                          59, except for 14 CFR
                                                                                        23.1308.
Embraer...........................  EMB-500...................  A59CE Rev 0..........  14 CFR part 23 amdt 23-
                                                                                        59, except for 14 CFR
                                                                                        23.1308.
Embraer...........................  EMB-110P1, EMB110P2.......  A21SO Rev 6..........  14 CFR part 23 amdt 23-
                                                                                        59, except for 14 CFR
                                                                                        23.1308.
Hawker Beechcraft.................  C90, C90A, C90GT, B90,      3A20 Rev 69..........  14 CFR part 23 amdt 23-
                                     E90, H90, C90GTi.                                  59, except for 14 CFR
                                                                                        23.1308.
Hawker Beechcraft.................  200, 200C, 200CT, 200T,     A24CE Rev 98.........  14 CFR part 23 amdt 23-
                                     B200, B200C, B200CT,                               59, except for 14 CFR
                                     B200GT, B200CGT B200T,                             23.1308.
                                     300, 300LW, B300, B300C,
                                     1900C, 1900D.
Hawker Beechcraft.................  99, 99A, A99, A99A, B99,    A14CE Rev 37.........  14 CFR part 23 amdt 23-
                                     C99.                                               59, except for 14 CFR
                                                                                        23.1308.
Hawker Beechcraft.................  390.......................  A00010WI Rev 8.......  14 CFR part 23 amdt 23-
                                                                                        59, except for 14 CFR
                                                                                        23.1308.
Learjet...........................  23........................  A5CE Rev 10..........  14 CFR part 23 amdt 23-
                                                                                        59, except for 14 CFR
                                                                                        23.1308.
M7 Aerospace......................  SA226[dash]T,               A5SW Rev 26..........  14 CFR part 23 amdt 23-
                                     SA226[dash]AT,                                     59, except for 14 CFR
                                     SA227[dash]AT,                                     23.1308.
                                     SA227[dash]TT.
Pacific Aerospace.................  750XL.....................  A50CE Rev 3..........  14 CFR part 23 amdt 23-
                                                                                        59, except for 14 CFR
                                                                                        23.1308.
Piaggio...........................  P-180.....................  A59EU Rev 18.........  14 CFR part 23 amdt 23-
                                                                                        59, except for 14 CFR
                                                                                        23.1308.
Pilatus...........................  PC-12.....................  A78EU Rev 19.........  14 CFR part 23 amdt 23-
                                                                                        59, except for 14 CFR
                                                                                        23.1308.
Socata............................  TBM 700...................  A60EU Rev 18.........  14 CFR part 23 amdt 23-
                                                                                        59, except for 14 CFR
                                                                                        23.1308.
Twin Commander....................  680, 680E, 680F, 680FL,     2A4 Rev 47...........  14 CFR part 23 amdt 23-
                                     680T, 680V, 680W, 681,                             59, except for 14 CFR
                                     690, 690A, 690B, 690C,                             23.1308.
                                     690D, 695, 695A, 695B.
Viking Air........................  DHC-6-1/-100/-200/-300....  A9EA Rev 13..........  14 CFR part 23 amdt 23-
                                                                                        59, except for 14 CFR
                                                                                        23.1308.
----------------------------------------------------------------------------------------------------------------

    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 Hawker Beechcraft Corporation, 
B200 and other aircraft listed on the AML, 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 model for which 
they are issued. Should the applicant apply for a supplemental type 
certificate AML to modify any other model to incorporate the same or 
similar novel or unusual design feature, the special conditions would 
also apply to the other model under Sec.  21.101.

Novel or Unusual Design Features

    The Hawker Beechcraft Corporation, B200 and other aircraft listed 
on the AML will incorporate the following novel or unusual design 
features:
    AeroMech, Incorporated proposes to replace an existing L-3 
Communications PS-835 lead-acid emergency battery with a Mid-Continent 
Instruments MD835 Li-ion battery on part 23 aircraft currently equipped 
with the PS-835 battery. This type of battery possesses certain 
failure, operational characteristics, and maintenance requirements that 
differ significantly from that of the Ni-Cd and lead-acid rechargeable 
batteries currently approved in other normal, utility, acrobatic, and 
commuter category airplanes.

Discussion

    The applicable part 21 and part 23 airworthiness regulations 
governing the installation of batteries in general aviation airplanes, 
including Sec.  23.1353 were derived from Civil Air Regulations (CAR 3) 
as part of the recodification that established 14 CFR part 23. The 
battery requirements, which were identified as Sec.  23.1353, were 
basically a rewording of the CAR requirements that did not add any 
substantive technical requirements. An increase in incidents involving 
battery fires and failures that accompanied the increased use of Ni-Cd 
batteries in airplanes resulted in rulemaking activities on the battery 
requirements for business jet and commuter category airplanes. These 
regulations were incorporated into Sec.  23.1353(f) and (g), which 
apply only to Ni-Cd battery installations.
    The proposed use of Li-ion batteries on the Hawker Beechcraft 
Corporation, B200 and other aircraft listed on the AML has prompted the 
FAA to review the adequacy of the existing battery regulations with 
respect to that chemistry. As the result of this review, the FAA has 
determined that the existing regulations do not adequately address 
several failure, operational, and maintenance characteristics of Li-ion 
batteries that could affect safety of the

[[Page 33555]]

battery installation and the reliability of the electrical power supply 
on the Hawker Beechcraft Corporation, B200 and other aircraft listed on 
the AML.
    Li-ion batteries in general are significantly more susceptible to 
internal failures that can result in self-sustaining increases in 
temperature and pressure (i.e., thermal runaway) than their Ni-Cd and 
lead-acid counterparts. This is especially true for overcharging a Li- 
ion, which will likely result in explosion, fire, or both. Certain 
types of Li-ion batteries pose a potential safety problem because of 
the instability and flammability of the organic electrolyte employed by 
the cells of those batteries. The severity of thermal runaway increases 
with increasing battery capacity due to the higher amount of 
electrolyte in large batteries.
    If the discharge of the cells is below a typical voltage of 3.0 
volts on some versions of Li-ion batteries, they will subsequently no 
longer accept a charge. 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.
    Unlike Ni-Cd and lead-acid cells, some types of Li-ion cells employ 
electrolytes that are known to be flammable. This material can serve as 
a source of fuel for an external fire in the event of a breach of the 
cell container.
    The intent of these special conditions is to establish appropriate 
airworthiness standards for Li-ion battery installations in the Hawker 
Beechcraft Corporation, B200 and other aircraft listed on the AML. 
Special conditions also ensure, as required by Sec.  23.601, that these 
battery installations do not possess hazardous or unreliable design 
characteristics. These special conditions adopt the following 
requirements as a means of addressing these concerns:
    (1) Inclusion of those sections of Sec.  23.1353 that are 
applicable to Li-ion batteries.
    (2) Inclusion of the flammable fluid fire protection requirements 
of Sec.  23.863. In the past, this rule was not applied to the 
batteries of business jet or commuter category airplanes since the 
electrolytes utilized in lead-acid and Ni-Cd batteries are not 
considered to be flammable.
    (3) Addition of new requirements to address the potential hazards 
of overcharging and over discharging that are unique to Li-ion battery 
designs.
    (4) Addition of maintenance requirements to ensure that batteries 
used as spares are maintained in an appropriate state of charge (SOC).

Applicability

    As discussed above, these special conditions are applicable to the 
Hawker Beechcraft Corporation, B200 and other aircraft listed on the 
AML. Should AeroMech, Incorporated apply at a later date for a 
supplemental type certificate to modify any other model on the AML to 
incorporate the same novel or unusual design feature, the special 
conditions would apply to that model as well.

Conclusion

    This action affects only certain novel or unusual design features 
on the Hawker Beechcraft Corporation, B200 and other aircraft listed on 
the AML. It is not a rule of general applicability, and it affects only 
the applicant who applied to the FAA for approval of these features on 
the airplane.

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(g), 40113, and 44701; 14 CFR 21.16 and 
21.101; and 14 CFR 11.38 and 11.19.

The Proposed Special Conditions

    Accordingly, the Federal Aviation Administration (FAA) proposes the 
following special conditions as part of the type certification basis 
for Hawker Beechcraft Corporation, B200 and other aircraft listed on 
the AeroMech, Incorporated airplanes AML.
    The Federal Aviation Administration proposes that the following 
Special Conditions (SC) be applied to all part 23 airplanes equipped 
with MD-835 Li-ion batteries in lieu of the requirements of Sec.  
23.1353(a), (b), (c), (d), and (e), Amendment 23-49 through 23-59.
    SC 23.1353, Storage battery design and installation.
    Li-ion batteries and battery installations on part 23 airplanes 
equipped with existing PS-835 batteries must be designed and installed 
as follows:
    (1) Safe cell temperatures and pressures must be maintained during 
any probable charging or discharging condition, or during any failure 
of the charging or battery monitoring system not shown to be extremely 
remote. The Li-ion battery installation must be designed to preclude 
explosion or fire in the event of those failures.
    (2) Li-ion batteries must be designed to preclude the occurrence of 
self-sustaining, uncontrolled increases in temperature or pressure.
    (3) No explosive or toxic gasses emitted by any Li-ion battery in 
normal operation or as the result of any failure of the battery 
charging or monitoring system, or battery installation not shown to be 
extremely remote, may accumulate in hazardous quantities within the 
airplane.
    (4) Li-ion batteries that contain flammable fluids must comply with 
the flammable fluid fire protection requirements of Sec.  23.863(a) 
through (d).
    (5) No corrosive fluids or gases that may escape from any Li-ion 
battery may damage airplane structure or essential equipment.
    (6) Each Li-ion 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.
    (7) Li-ion battery installations must have--
    (i) A system to control the charging rate of the battery 
automatically so as to prevent battery overheating or overcharging, or
    (ii) 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
    (iii) 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.
    (8) Any Li-ion battery installation whose function is required for 
safe operation of the airplane must incorporate a monitoring and 
warning feature that will provide an indication to the appropriate 
flight crewmembers whenever the capacity and state of charge (SOC) of 
the batteries have fallen below levels considered acceptable for 
dispatch of the airplane.
    (9) The Instructions for Continued Airworthiness (ICA) must contain 
recommended manufacturer's maintenance and inspection requirements to 
ensure that batteries, including single cells, meet a safety function 
level essential to the aircraft's continued airworthiness.
    (i) The ICA must contain operating instructions and equipment 
limitations in an installation maintenance manual.
    (ii) The ICA must contain installation procedures and limitations 
in a maintenance manual sufficient to ensure that cells or batteries, 
when installed according to the installation procedures, still meet 
safety functional levels essential to the aircraft's

[[Page 33556]]

continued airworthiness. The limitations must identify any unique 
aspects of the installation.
    (iii) The ICA must contain corrective maintenance procedures to 
functionally check battery capacity at manufacturer's recommended 
inspection intervals.
    (iv) The ICA must contain scheduled servicing information to 
replace batteries at manufacturer's recommended replacement time.
    (v) The ICA must contain maintenance and inspection requirements to 
visually check for a battery and/or charger degradation.
    (10) Batteries in a rotating stock (spares) that have experienced 
degraded charge retention capability or other damage due to prolonged 
storage must be functionally checked at manufacturer's recommended 
inspection intervals.
    (11) If the Li-ion battery application contains software and/or 
complex hardware, in accordance with AC 20-115B and AC 20-152, they 
should be developed to the standards of DO-178B for software and DO-254 
for complex hardware.
    (12) The Li-ion battery must meet TSO C179.
    These special conditions are not intended to replace Sec.  23.1353 
in the certification basis of the Hawker Beechcraft Corporation, B200 
and other aircraft listed on the AML. These special conditions apply 
only to Li-ion batteries and battery installations. The battery 
requirements of Sec.  23.1353 would remain in effect for batteries and 
battery installations on Hawker Beechcraft Corporation, B200 and other 
aircraft listed on the AML that do not use Li-ion batteries.

    Issued in Kansas City, Missouri, on June 4, 2010.
Steven W. Thompson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-14195 Filed 6-11-10; 8:45 am]
BILLING CODE 4910-13-P