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.

Rules and Regulations Federal Register

38011 

Vol. 83, No. 150 

Friday, August 3, 2018 

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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 

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 


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battery systems in the Model SF50. The 

SF50 is a normal category single-enginejet 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 nickelcadmium (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 § 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: 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 

Installation.

§ 23.1353(h). 

Exemptions 

Exemption No. 9948, dated October 

23, 2009, §§ 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, § 23.177(b), Use of electric roll 

trim for static lateral stability. 

Exemption No. 16970, dated June 23, 

2016, § 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 § 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 § 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 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 § 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. 


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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 

§ 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 selfsustaining, 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 

§ 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 

§ 23.1309(c) at amendment 23–62—or 

commensurate § 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 

§ 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 

Airworthiness (ICA) required by 

§ 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 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2018–0720; Product 

Identifier 2017–SW–012–AD; Amendment 

39–19348; AD 2018–16–08] 

RIN 2120–AA64 

Airworthiness Directives; Leonardo 

S.p.A. Helicopters (Type Certificate 

Previously Held By Finmeccanica 

S.p.A., AgustaWestland S.p.A) 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for 

Leonardo S.p.A. (Leonardo) Model 

A109E, A109S, and AW109SP 

helicopters with an oil cooler fan 

assembly (fan assembly) installed. This 

AD requires inspecting each oil cooler 

system pulley assembly (pulley 

assembly) bearing and replacing each 

fan assembly. This AD is prompted by 

reports of degraded pulley assembly 

bearings. The actions of this AD are 

intended to correct an unsafe condition 

on these products. 

DATES: This AD becomes effective 

August 20, 2018. 

We must receive comments on this 

AD by October 2, 2018. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Docket: Go to 

http://www.regulations.gov. Follow the 

online instructions for sending your 

comments electronically. 

• Fax: 202–493–2251. 

• Mail: Send comments to the U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE, Washington, DC 

20590–0001. 

• Hand Delivery: Deliver to the 

‘‘Mail’’ address between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. 

Examining the AD Docket 

You may examine the AD docket on 

the internet at http://

www.regulations.gov by searching for 

and locating Docket No. FAA–2018– 

0720; or in person at Docket Operations 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

The AD docket contains this AD, the 

European Aviation Safety Agency 

(EASA) AD, the economic evaluation, 

any comments received, and other 

information. The street address for 

Docket Operations (telephone 800- 647– 

5527) is in the ADDRESSES section. 

Comments will be available in the AD 

docket shortly after receipt. 

For service information identified in 

this final rule, contact Leonardo S.p.A. 

Helicopters, Matteo Ragazzi, Head of 

Airworthiness, Viale G.Agusta 520, 

21017 C.Costa di Samarate (Va) Italy; 

telephone +39–0331–711756; fax +39– 

0331–229046; or at http://

www.leonardocompany.com/-/bulletins. 

You may review the referenced service 

information at the FAA, Office of the 

Regional Counsel, Southwest Region, 

10101 Hillwood Pkwy, Room 6N–321, 

Fort Worth, TX 76177. 

FOR FURTHER INFORMATION CONTACT: Eric 

Haight, Aviation Safety Engineer, 

Regulations and Policy Section, 

Rotorcraft Standards Branch, FAA, 

10101 Hillwood Pkwy., Fort Worth, TX 

76177; telephone (817) 222 5110; email 

eric.haight@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety, and 

we did not provide you with notice and 

an opportunity to provide your 

comments prior to it becoming effective. 

However, we invite you to participate in 

this rulemaking by submitting written 

comments, data, or views. We also 

invite comments relating to the 

economic, environmental, energy, or 

federalism impacts that resulted from 

adopting this AD. The most helpful 

comments reference a specific portion of 

the AD, explain the reason for any 

recommended change, and include 

supporting data. To ensure the docket 

does not contain duplicate comments, 

commenters should send only one copy 

of written comments, or if comments are 

filed electronically, commenters should 

submit them only one time. We will file 

in the docket all comments that we 

receive, as well as a report summarizing 

each substantive public contact with 

FAA personnel concerning this 

rulemaking during the comment period. 

We will consider all the comments we 

receive and may conduct additional 

rulemaking based on those comments. 

Discussion 

EASA, which is the Technical Agent 

for the Member States of the European 

Union, has issued EASA Emergency AD 

No. 2017–0046–E, dated March 10, 

2017, to correct an unsafe condition for 

Leonardo (previously Finmeccanica 

S.p.A, AgustaWestland S.p.A.) Model 

A109E, A109LUH, A109S, and 


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