Federal Register / Vol. 81, No. 128 / Tuesday, July 5, 2016 / Rules and Regulations 43469 

§§ 13.303 and 13.305 [Removed] 

■ 3. Remove §§ 13.303 and 13.305. 

CHAPTER III—COMMERCIAL SPACE 

TRANSPORTATION, FEDERAL AVIATION 

ADMINISTRATION, DEPARTMENT OF 

TRANSPORTATION 

PART 406—INVESTIGATIONS, 

ENFORCEMENT, AND 

ADMINISTRATIVE REVIEW 

■ 4. The authority citation for part 406 

continues to read as follows: 

Authority: 51 U.S.C. 50901–50923. 

■ 5. Revise § 406.9(a) to read as follows: 

§ 406.9 Civil penalties. 

(a) Civil penalty liability. Under 51 

U.S.C. 50917(c), a person found by the 

FAA to have violated a requirement of 

the Act, a regulation issued under the 

Act, or any term or condition of a 

license or permit issued or transferred 

under the Act, is liable to the United 

States for a civil penalty of not more 

than $225,867 for each violation. A 

separate violation occurs for each day 

the violation continues. 

* * * * * 

Issued under authority provided by 28 

U.S.C. 2461 and 49 U.S.C. 106(f), 44701(a), 

and 46301 in Washington, DC, on June 23, 

2016. 

Michael P. Huerta, 

Administrator. 

[FR Doc. 2016–15744 Filed 7–1–16; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 23 

[Docket No. FAA–2015–5034; Special 

Conditions No. 23–273–SC] 

Special Conditions: Kestrel Aircraft 

Company, Model K–350 Turboprop, 

Lithium Batteries 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions. 

SUMMARY: These special conditions are 

issued for the Kestrel Aircraft Company, 

Model K–350 Turboprop 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 

that the Administrator considers 

necessary to establish a level of safety 

equivalent to that established by the 

existing airworthiness standards. 

DATES: These special conditions are 

effective July 5, 2016 and are applicable 

on June 23, 2016. 

FOR FURTHER INFORMATION CONTACT: 

Ruth Hirt, Federal Aviation 

Administration, Small Airplane 

Directorate, Aircraft Certification 

Service, Programs and Procedures 

Branch, ACE–114, 901 Locust, Room 

301, Kansas City, MO 64106; telephone 

(816) 329–4108, facsimile (816) 329– 

4090. 

SUPPLEMENTARY INFORMATION: 

Background 

On November 22, 2011, Kestrel 

Aircraft Company applied for a type 

certificate for their new Model K–350. 

The Kestrel Aircraft Company Model K– 

350 is a single-engine turboprop 

airplane with the primary structure 

constructed largely of carbon and epoxy 

composite material. The turboprop 

engine will be a Honeywell Model 

TPE331–14GR–801KT that is integrated 

with a Hartzell 4 bladed, 110-inch 

carbon composite propeller. The 

standard seating configuration offers a 

one plus five cabin (one pilot and five 

passengers). Alternate interior 

configurations will be available from 

two seats (cargo configuration) up to 

eight seats total. The K–350 will 

incorporate an integrated avionics 

system, retractable landing gear, and a 

conventional tail configuration. 

Specifications expected for the K–350 

include the following: 

• Maximum altitude: 31,000 Feet 

• Maximum cruise speed: 320 Knots 

True Air Speed 

• Maximum takeoff weight: 8,900 

Pounds 

• Maximum economy cruise: 1,200 

Nautical Miles 

The K–350 will be certified for singlepilot operations under part 91 and part 

135 operating rules. The following 

operating conditions will be included: 

• Day and Night Visual Flight Rules 

• Instrument Flight Rules 

• Flight Into Known Icing (Phase B 

certification) 

Kestrel Aircraft Company plans to 

utilize a rechargeable lithium main 

battery on their new Model K–350 

turboprop airplane. The current 

regulatory requirements for part 23 

airplanes do not contain adequate 

requirements for the application 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 require that (1) 

all characteristics of the rechargeable 

lithium batteries and their installation 

that could affect safe operation of the K– 

350 are addressed, and (2) appropriate 

Instructions for Continued 

Airworthiness that include maintenance 

requirements are established to ensure 

the availability of electrical power from 

the batteries when needed. 

Type Certification Basis 

Under the provisions of 14 CFR 21.17, 

Kestrel Aircraft Company must show 

that the K–350 meets the applicable 

provisions of part 23, as amended by 

amendments 23–1 through 23–62 

thereto. 

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 K–350 because of a novel or 

unusual design feature, special 

conditions are prescribed under the 

provisions of § 21.16. 

Special conditions are initially 

applicable to the model for which they 

are issued. Should the type certificate 

for that model be amended later to 

include any other model that 

incorporates the same or similar novel 

or unusual design feature, the special 

conditions would also apply to the other 

model under § 21.101. 

In addition to the applicable 

airworthiness regulations and special 

conditions, the K–350 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, and the FAA must issue a 

finding of regulatory adequacy under 

§ 611 of Public Law 92–574, the Noise 

Control Act of 1972. 

The FAA issues special conditions, as 

defined in 14 CFR 11.19, in accordance 

with § 11.38, and they become part of 

the type-certification basis under 

§ 21.17(a)(2). 

Novel or Unusual Design Features 

The K–350 will incorporate the 

following novel or unusual design 

feature: 

Installation of a rechargeable lithium 

battery as the main or engine start 

aircraft battery. 

Discussion 

The current regulatory requirements 

for part 23 airplanes do not contain 

adequate requirements for the 


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43470 Federal Register / Vol. 81, No. 128 / Tuesday, July 5, 2016 / Rules and Regulations 

1http://rgl.faa.gov/Regulatory_and_Guidance_

Library/rgTSO.nsf/0/A3B77A692AE3FF9386257885

004B079C?OpenDocument. 

2https://www.regulations.gov/#!document

Detail;D=FAA-2015-5034-0001. 

application of rechargeable lithium 

batteries in electrical system design. 

This type of battery possesses certain 

failures with operational characteristics 

and maintenance requirements that 

differ significantly from that of the NiCd 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 

require that (1) all characteristics of the 

rechargeable lithium batteries and their 

installation that could affect safe 

operation of the K–350 are addressed, 

and (2) appropriate Instructions for 

Continuous Airworthiness which 

include maintenance requirements are 

established to ensure the availability of 

electrical power from the batteries when 

needed. 

As previously mentioned, Kestrel 

Aircraft Company plans to utilize a 

rechargeable lithium main battery on 

their new Model K–350 turboprop 

airplane. At the Kestrel Preliminary 

Type Certification Board Meeting it was 

brought to the attention of the FAA that 

the lithium battery used in the K–350 

will be qualified to RTCA standards 

DO–311, titled Minimum Operational 

Performance Standards for Rechargeable 

Lithium Battery Systems. Additionally, 

on July 18, 2013, Kestrel advised the 

Civil Aviation Contingency Operations 

(CACO) that the battery will have 

Technical Standard Order Authorization 

for TSO–C179a,1 titled Permanently 

Installed Rechargeable Lithium Cells, 

Batteries and Battery Systems. Finally, 

Kestrel plans to use the same 

manufacturer for both the lithium 

battery and the battery controller. Presently, there is limited experience 

with use of rechargeable lithium 

batteries in applications involving 

commercial aviation. However, other 

users of this technology, ranging from 

wireless telephone manufacturers to the 

electric vehicle industry, have noted 

safety problems with lithium batteries. 

These problems include overcharging, 

over-discharging, and flammability of 

cell components, described in the 

following: 1. Overcharging: In general, lithium 

batteries are significantly more 

susceptible to internal failures that can 

result in self-sustaining increases in 

temperature and pressure (i.e., thermal 

runaway) than the Ni-Cd or lead-acid 

counterparts. 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 may 

ignite, resulting in a fire or explosion. 

Finally, the severity of thermal runaway 

due to overcharging increases with 

increasing battery capacity and physical 

size. 

2. Over-discharging: Discharge of 

some types of lithium battery cells 

beyond a certain voltage (typically 2.4 

volts) 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, which 

is a problem shared with Ni-Cd 

batteries. 

3. Flammability of Cell Components: 

Unlike Ni-Cd and lead-acid batteries, 

some types of lithium batteries use 

liquid electrolytes that are flammable. 

The electrolyte may serve as a source of 

fuel for an external fire, if there is a 

breach of the battery container. These problems experienced by users 

of lithium batteries raise concern about 

the use of these batteries in commercial 

aviation. The intent of the special 

condition is to establish appropriate 

airworthiness standards for lithium 

battery installations in the K–350 and to 

ensure, as required by §§ 23.1309 and 

23.601, that these battery installations 

are neither hazardous nor unreliable. 

In showing compliance with the 

special conditions herein, paragraphs 

(a)(1) through (a)(8), and the RTCA 

document, Minimum Operational 

Performance Standards for Rechargeable 

Lithium Battery Systems, DO–311, may 

be used. The list of planned DO–311 

tests should be documented in the 

certification or compliance plan and 

agreed to by the CACO. Alternate 

methods of compliance other than DO– 

311 tests must be coordinated with the 

directorate and CACO. 

Discussion of Comments 

Notice of proposed special conditions 

No. 23–15–01–SC2 for the Kestrel 

Aircraft Company Model K–350 

Turboprop airplanes was published in 

the Federal Register on November 4, 

2015 (80 FR 68281). No comments were 

received, and the special conditions are 

adopted as proposed. 

Applicability 

These special conditions are not 

intended to replace 

§ 23.1353(a)(b)(c)(d)(e) at amendment 

23–62 in the certification basis of Model 

K–350 airplanes. These special 

conditions apply only to rechargeable 

lithium batteries and lithium battery 

systems and their installations. The 

requirements of § 23.1353 at amendment 

23–62 remains in effect for batteries and 

battery installations on K–350 series 

that do not use newly technologically 

developed batteries. 

As previously discussed, these special 

conditions are applicable to the K–350. 

Should Kestrel Aircraft Company 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 special conditions 

would apply to that model as well. 

Under standard practice, the effective 

date of final special conditions would 

be 30 days after the date of publication 

in the Federal Register; however, as the 

certification date for the Kestrel Aircraft 

Company Model K–350 Turboprop 

airplane is imminent, the FAA finds 

that good cause exists to make these 

special conditions effective upon 

issuance. 

Conclusion 

This action affects only certain novel 

or unusual design features on one model 

of airplane. 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 21.17; 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 Kestrel Aircraft 

Company, Model K–350 Turboprop 

airplanes. 

1. Kestrel Aircraft Company, Model 

K–350 Turboprop, Lithium Batteries. 

The FAA issues special conditions 

that adopt the following requirements 

that must be applied to all rechargeable 

lithium battery and lithium battery 

installations in lieu of the requirements 

of § 23.1353(a)(b)(c)(d)(e), amendment 

23–62: 

(a) Rechargeable lithium batteries and 

battery installations must be designed 

and installed as follows: 

(1) Safe cell temperatures and 

pressures must be maintained during— 


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Federal Register / Vol. 81, No. 128 / Tuesday, July 5, 2016 / Rules and Regulations 43471 

i. normal operations; 

ii. any probable failure conditions of 

charging or discharging or battery 

monitoring system; or 

iii. any failure of the charging or 

battery monitoring system not shown to 

be extremely remote. 

(2) The rechargeable lithium battery 

installation must be designed to 

preclude explosion or fire in the event 

of (e)(1)(ii) and (e)(1)(iii) failures. 

(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 that is not shown to 

be extremely remote, may accumulate in 

hazardous quantities within the 

airplane. 

(5) Installations of rechargeable 

lithium batteries must meet the 

requirements of § 23.863(a) through (d) 

at 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(c) at 

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— 

i. a system to automatically control 

the charging rate of the battery to 

prevent battery overheating and 

overcharging; 

ii. a battery temperature sensing and 

over-temperature warning system with a 

means of automatically disconnecting 

the battery from its charging source in 

the event of an over-temperature 

condition; and 

iii. a battery failure sensing and 

warning system with a means of 

automatically disconnecting the battery 

from its charging source in the event of 

battery failure. 

(b) Any rechargeable lithium battery 

installation functionally 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 State of Charge (SOC) of 

the batteries has fallen below levels 

considered acceptable for dispatch of 

the airplane. 

(c) The Instructions for Continued 

Airworthiness required by § 23.1529 at 

amendment 23–26 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. 

This is required to ensure that lithium 

rechargeable batteries and lithium 

rechargeable battery systems will not 

degrade below specified ampere-hour 

levels sufficient to power the aircraft 

system. The Instructions for Continued 

Airworthiness must also contain 

procedures for the maintenance of 

replacement batteries in spares storage 

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. 

Issued in Kansas City, Missouri, on June 

23, 2016. 

William Schinstock, 

Acting Manager, Small Airplane Directorate 

Aircraft Certification Service. 

[FR Doc. 2016–15765 Filed 7–1–16; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. FAA–2015–8298; Special 

Conditions No. 25–611–SC] 

Special Conditions: JAMCO America, 

Inc., Boeing Model 777–300ER, 

Dynamic Test Requirements for SingleOccupant Oblique (Side-Facing) Seats 

With Inflatable Restraints 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special condition; request 

for comments; corrections. 

SUMMARY: This document corrects 

omissions in docket no. FAA–2015– 

8298, special conditions no. 25–611–SC, 

which was published in the Federal 

Register on March 16, 2016 (81 FR 

13969). The special conditions in the 

published document are incomplete. 

This correction replaces the entire 

special conditions section from that 

which appeared in the original Federal 

Register publication. 

DATES: This action is effective on 

JAMCO America, Inc., on July 5, 2016. 

We must receive your comments August 

19, 2016. 

FOR FURTHER INFORMATION CONTACT: John 

Shelden, FAA, Airframe and Cabin 

Safety Branch, ANM–115,Transport 

Airplane Directorate, Aircraft 

Certification Service, 1601 Lind Avenue 

SW., Renton, Washington 98057–3356; 

telephone (425) 227–2785; facsimile 

(425) 227–1320. 

SUPPLEMENTARY INFORMATION: On March 

16, 2016, the Federal Register published 

a document designated as ‘‘Docket No. 

FAA–2015–8298; Special Conditions 

No. 25–611–SC,’’ (81 FR 13969). That 

document issued special conditions 

pertaining to dynamic test requirements 

for single-occupant oblique (side-facing) 

seats with inflatable restraints on Boeing 

Model 777–300ER airplanes. As 

published, the special conditions are 

incomplete. The applicant was aware of 

the complete set of conditions at the 

time of the original, incomplete 

publication. 

Correction 

The following special conditions 

replace the entire special conditions 

section of the final special conditions 

document [FR Doc. 2016–05995 Filed 

3–15–16; 8:45 a.m.], published on 

March 16, 2016 (81 FR 13969). The 

introductory language was previously 

published and is not changed. 

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 Boeing Model 777–300ER 

airplanes modified by JAMCO. 

Oblique (Side-Facing) Seats Special 

Conditions 

In addition to the requirements of 

§ 25.562: 

1. Head Injury Criteria (HIC) 

Compliance with § 25.562(c)(5) is 

required, except that, if the 

anthropomorphic test device (ATD) has 

no apparent contact with the seat and 

related structure but has contact with an 

airbag, a HIC unlimited score in excess 

of 1000 is acceptable, provided the 

HIC15 score (calculated in accordance 

with 49 CFR 571.208) for that contact is 

less than 700. 

2. Body-to-Wall/Furnishing Contact 

If a seat is installed aft of structure 

(e.g. interior wall or furnishings) that 

does not provide a homogenous contact 

surface for the expected range of 

occupants and yaw angles, then 


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