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

3921 

Vol. 87, No. 17 

Wednesday, January 26, 2022 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. FAA–2022–0056; Special 

Conditions No. 25–806–SC] 

Special Conditions: Peregrine; 

Installed Rechargeable Lithium 

Batteries 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions; request 

for comments. 

SUMMARY: These special conditions are 

issued for a supplemental type 

certificate to install rechargeable lithium 

batteries in the Emergency Exit Light 

(EEL) power supply on certain transport 

category airplanes. These airplanes, as 

modified by Peregrine, will have a novel 

or unusual design feature when 

compared to the state of technology 

envisioned in the airworthiness 

standards for transport category 

airplanes. This design feature is the 

installation of an EEL power supply that 

contains rechargeable lithium batteries. 

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: This action is effective on 

Peregrine on January 26, 2022. Send 

comments on or before March 14, 2022. 

ADDRESSES: Send comments identified 

by Docket No. FAA–2022–0056 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 or 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: Except for Confidential 

Business Information (CBI) as described 

in the following paragraph, and other 

information as described in 14 CFR 

11.35, the FAA will post all comments 

received without change to http://

www.regulations.gov/, including any 

personal information you provide. The 

FAA will also post a report 

summarizing each substantive verbal 

contact received about this proposal. 

Confidential Business Information: 

Confidential Business Information (CBI) 

is commercial or financial information 

that is both customarily and actually 

treated as private by its owner. Under 

the Freedom of Information Act (FOIA) 

(5 U.S.C. 552), CBI is exempt from 

public disclosure. If your comments 

responsive to this Notice contain 

commercial or financial information 

that is customarily treated as private, 

that you actually treat as private, and 

that is relevant or responsive to this 

Notice, it is important that you clearly 

designate the submitted comments as 

CBI. Please mark each page of your 

submission containing CBI as 

‘‘PROPIN.’’ The FAA will treat such 

marked submissions as confidential 

under the FOIA, and the indicated 

comments will not be placed in the 

public docket of this Notice. 

Submissions containing CBI should be 

sent to Nazih Khaouly, Aircraft Systems, 

AIR–623, Technical Innovation Policy 

Branch, Policy and Innovation Division, 

Aircraft Certification Service, Federal 

Aviation Administration, 2200 South 

216th Street, Des Moines, Washington 

98198; telephone and fax 206–231– 

3160; email nazih.khaouly@faa.gov. 

Comments the FAA receives, which are 

not specifically designated as CBI, will 

be placed in the public docket for this 

rulemaking. 

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 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: 

Nazih Khaouly, Aircraft Systems, AIR– 

623, Technical Innovation Policy 

Branch, Policy and Innovation Division, 

Aircraft Certification Service, Federal 

Aviation Administration, 2200 South 

216th Street, Des Moines, Washington 

98198; telephone and fax 206 231 3160; 

email nazih.khaouly@faa.gov. 

SUPPLEMENTARY INFORMATION: The 

substance of these special conditions 

has been published in the Federal 

Register for public comment in several 

prior instances with no substantive 

comments received. Therefore, the FAA 

has determined that prior public notice 

and comment are unnecessary, and 

finds that, for the same reason, good 

cause exists for adopting these special 

conditions upon publication in the 

Federal Register. 

Comments Invited 

The FAA invites 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. 

The FAA will consider all comments 

received by the closing date for 

comments. The FAA may change these 

special conditions based on the 

comments received. 

Background 

On January 22, 2021, Peregrine 

applied for a supplemental type 

certificate to install rechargeable lithium 

batteries in the ELL power supply. 

Peregrine wants to apply this STC to 

multiple transport category airplanes 

and may periodically amend this STC to 

expand its applicability to include 

additional transport category airplane 

makes and models. 

Type Certification Basis 

Under the provisions of title 14, Code 

of Federal Regulations (14 CFR) 21.101, 

Peregrine must show that airplanes, for 

which they make application to modify 

by STC no. ST01086DE, as changed, 

continue to meet the applicable 


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3922 Federal Register / Vol. 87, No. 17 / Wednesday, January 26, 2022 / Rules and Regulations 

provisions of the regulations listed in 

each airplane’s respective type 

certificate or the applicable regulations 

in effect on the date of application for 

the change except for earlier 

amendments as agreed upon by the 

FAA. 

If the Administrator finds that the 

applicable airworthiness regulations 

(i.e., 14 CFR part 25) do not contain 

adequate or appropriate safety standards 

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 airplane model for 

which they are issued. Should the 

applicant apply for an STC to modify 

any other model included on the same 

type certificate to incorporate the same 

novel or unusual design feature, these 

special conditions would also apply to 

the other model under § 21.101. 

In addition to the applicable 

airworthiness regulations and special 

conditions, the airplanes modified by 

STC no. ST01086DE 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 14 CFR 11.19, in accordance 

with § 11.38, and they become part of 

the type certification basis under 

§ 21.101 

Novel or Unusual Design Features 

The airplanes with STC no. 

ST01086DE will incorporate the 

following novel or unusual design 

feature: 

The installation of an EEL power 

supply that contains rechargeable 

lithium batteries. 

Discussion 

Rechargeable lithium batteries are 

considered to be a novel or unusual 

design feature in transport category 

airplanes, with respect to the 

requirements in § 25.1353. This type of 

battery has certain failure, operational, 

and maintenance characteristics that 

differ significantly from those of the 

nickel-cadmium and lead-acid 

rechargeable batteries currently 

approved for installation on transport 

category airplanes. These batteries 

introduce higher energy levels into 

airplane systems through new chemical 

compositions in various battery-cell 

sizes and construction. Interconnection 

of these cells in battery packs introduces 

failure modes that require unique design 

considerations, such as provisions for 

thermal management. 

Special Condition 1 requires that each 

individual cell within a battery be 

designed to maintain safe temperatures 

and pressures. Special Condition 2 

addresses these same issues but for the 

entire battery. Special Condition 2 

requires that the battery be designed to 

prevent propagation of a thermal event, 

such as self-sustained, uncontrolled 

increases in temperature or pressure 

from one cell to adjacent cells. 

Special Conditions 1 and 2 are 

intended to ensure that the cells and 

battery are designed to eliminate the 

potential for uncontrollable failures. 

However, a certain number of failures 

will occur due to various factors beyond 

the control of the designer. Therefore, 

other special conditions are intended to 

protect the airplane and its occupants if 

failure occurs. 

Special Conditions 3, 7, and 8 are selfexplanatory. Special Condition 4 

clarifies that the flammable-fluid fireprotection requirements of § 25.863 

apply to rechargeable lithium battery 

installations. Section 25.863 is 

applicable to areas of the airplane that 

could be exposed to flammable fluid 

leakage from airplane systems. 

Rechargeable lithium batteries contain 

electrolyte that is a flammable fluid. 

Special Condition 5 requires each 

rechargeable lithium battery installation 

to not damage surrounding structure or 

adjacent systems, equipment, or 

electrical wiring from corrosive fluids or 

gases that may escape in such a way as 

to cause a major or more severe failure 

condition. Special Condition 6 requires 

each rechargeable lithium battery 

installation to have provisions to 

prevent any hazardous effect on 

airplane structure or systems caused by 

the maximum amount of heat it can 

generate due to any failure of it or its 

individual cells. The means of meeting 

special conditions 5 and 6 may be the 

same, but they are independent 

requirements addressing different 

hazards. Special Condition 5 addresses 

corrosive fluids and gases, whereas 

special condition 6 addresses heat. 

Special Condition 9 requires 

rechargeable lithium batteries to have 

‘‘automatic’’ means, for charge rate and 

disconnect, due to the fast-acting nature 

of lithium battery chemical reactions. 

Manual intervention would not be 

timely or effective in mitigating the 

hazards associated with these batteries. 

These special conditions apply to all 

rechargeable lithium battery 

installations in lieu of § 25.1353(b)(1) 

through (4) at Amendment 25–123 or 

§ 25.1353(c)(1) through (4) at earlier 

amendments. Those regulations remain 

in effect for other battery installations. 

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. 

Applicability 

As discussed above, these special 

conditions are applicable to the airplane 

models listed on the approved model 

list (AML) of STC no. ST01086DE, 

which is available at rgl.faa.gov. All 

models listed in the AML must be 

evaluated and determined to comply 

with these special conditions. 

Additionally each new model added to 

the AML subsequently must also be 

evaluated and determined to comply 

with these special conditions. Should 

Peregrine apply at a later date for a 

change to STC no. ST01086DE to 

include any other model on the AML to 

incorporate the same novel or unusual 

design feature, these special conditions 

would apply to that model as well. 

Should Peregrine apply at a later date 

for another STC to modify any other 

model included on the type certificates 

of the models on the STC no. 

ST01086DE AML to incorporate the 

same novel or unusual design feature, 

these special conditions would also 

apply to that model as well. These 

special conditions are not applicable to 

those models in which special 

conditions for rechargeable lithium 

batteries have already been issued 

against the Type Certificate for that 

specific model. 

Conclusion 

This action only affects the 

installation of an EEL power supply that 

contains rechargeable lithium batteries 

on the airplane models listed on the 

AML of STC no. ST01086DE. It is not 

a rule of general applicability and 

affects only the applicant who will 

apply to the FAA for approval of these 

features on the airplanes. 

List of Subjects in 14 CFR Part 25 

Aircraft, Aviation safety, Reporting 

and recordkeeping requirements. 

Authority Citation 

The authority citation for these 

special conditions is as follows: 

Authority: 49 U.S.C. 106(f), 106(g), 40113, 

44701, 44702, 44704. 

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 airplane models listed on the 

approved model list of 


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Federal Register / Vol. 87, No. 17 / Wednesday, January 26, 2022 / Rules and Regulations 3923 

supplemental type certificate no. 

ST01086DE, as modified by Peregrine. 

In lieu of § 25.1353(b)(1) through (4) 

at amendment 25–123, or § 25.1353(c)(1) 

through (4) at earlier amendments, each 

rechargeable lithium battery installation 

must: 

1. Be designed to maintain safe cell 

temperatures and pressures under all 

foreseeable operating conditions to 

prevent fire and explosion. 

2. Be designed to prevent the 

occurrence of self-sustaining, 

uncontrollable increases in temperature 

or pressure, and automatically control 

the charge rate of each cell to protect 

against adverse operating conditions, 

such as cell imbalance, back charging, 

overcharging and overheating. 

3. Not emit explosive or toxic gases, 

either in normal operation or as a result 

of its failure that may accumulate in 

hazardous quantities within the 

airplane. 

4. Meet the requirements of § 25.863. 

5. Not damage surrounding structure 

or adjacent systems, equipment, or 

electrical wiring from corrosive fluids or 

gases that may escape in such a way as 

to cause a major or more-severe failure 

condition. 

6. Have provisions to prevent any 

hazardous effect on airplane structure or 

systems caused by the maximum 

amount of heat it can generate due to 

any failure of it or its individual cells. 

7. Have a failure sensing and warning 

system to alert the flight crew if its 

failure affects safe operation of the 

airplane. 

8. Have a monitoring and warning 

feature that alerts the flightcrew when 

its charge state falls below acceptable 

levels if its function is required for safe 

operation of the airplane. 

9. Have a means to automatically 

disconnect from its charging source in 

the event of an over-temperature 

condition, cell failure or battery failure. 

Note: A battery system consists of the 

battery, battery charger, and any protective 

monitoring and alerting circuitry or hardware 

inside or outside of the battery. It also 

includes vents (where necessary) and 

packaging. For the purpose of these special 

conditions, a battery and the battery system 

is referred to as a battery. 

Issued in Kansas City, Missouri, on January 

20, 2022. 

Patrick R. Mullen, 

Manager, Technical Innovation Policy 

Branch, Policy and Innovation Division, 

Aircraft Certification Service. 

[FR Doc. 2022–01443 Filed 1–25–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2022–0009; Project 

Identifier MCAI–2021–01459–R; Amendment 

39–21914; AD 2022–02–17] 

RIN 2120–AA64 

Airworthiness Directives; Airbus 

Helicopters Deutschland GmbH (AHD) 

Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for all 

Airbus Helicopters Deutschland GmbH 

(AHD) Model MBB–BK 117 C–2, MBB– 

BK 117 D–2, and MBB–BK 117 D–3 

helicopters. This AD was prompted by 

reports of engine flame out following 

prolonged operations in falling snow on 

helicopters with an inlet barrier filter 

(IBF) system installed. This AD requires 

revising the existing Rotorcraft Flight 

Manual (RFM) for your helicopter, as 

specified in a European Union Aviation 

Safety Agency (EASA) AD, which is 

incorporated by reference. The FAA is 

issuing this AD to address the unsafe 

condition on these products. 

DATES: This AD becomes effective 

February 10, 2022. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of February 10, 2022. 

The FAA must receive comments on 

this AD by March 14, 2022. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

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

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE, 

Washington, DC 20590. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For EASA material incorporated by 

reference (IBR) in this final rule, contact 

EASA, Konrad-Adenauer-Ufer 3, 50668 

Cologne, Germany; telephone +49 221 

8999 000; email ADs@easa.europa.eu; 

internet www.easa.europa.eu. You may 

find this IBR material on the EASA 

website at https://ad.easa.europa.eu. 

For Airbus Helicopters service 

information identified in this final rule, 

contact Airbus Helicopters, 2701 North 

Forum Drive, Grand Prairie, TX 75052; 

telephone (972) 641–0000 or (800) 232– 

0323; fax (972) 641–3775; or at https:// 

www.airbus.com/helicopters/services/ 

technical-support.html. You may view 

this material at the FAA, Office of the 

Regional Counsel, Southwest Region, 

10101 Hillwood Pkwy., Room 6N–321, 

Fort Worth, TX 76177. For information 

on the availability of this material at the 

FAA, call (817) 222–5110. Service 

information that is IBRed is also 

available in the AD docket at https://

www.regulations.gov by searching for 

and locating Docket No. FAA–2022– 

0009. 

Examining the AD Docket 

You may examine the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2022–0009; 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 

final rule, the EASA AD, any comments 

received, and other information. The 

street address for Docket Operations is 

listed above. Comments will be 

available in the AD docket shortly after 

receipt. 

FOR FURTHER INFORMATION CONTACT: Hal 

Jensen, Aerospace Engineer, Operational 

Safety Branch, Compliance & 

Airworthiness Division, FAA, 950 

L’Enfant Plaza N SW, Washington, DC 

20024; telephone (202) 267–9167; email 

hal.jensen@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

EASA, which is the Technical Agent 

for the Member States of the European 

Union, has issued EASA Emergency AD 

2021–0289–E, dated December 23, 2021 

(EASA AD 2021–0289–E), to correct an 

unsafe condition for all Airbus 

Helicopters Deutschland GmbH (AHD), 

formerly Eurocopter Deutschland 

GmbH; and Airbus Helicopters Inc., 

formerly American Eurocopter LLC, 

Model MBB–BK117 C–2, D–2, D–3, and 

D–3m helicopters, all variants, all serial 

numbers. 

This AD was prompted by reports of 

engine flame out following prolonged 

operations in falling snow with the IBF 

system installed. The FAA is issuing 

this AD to prevent partial icing of an 

IBF engine intake and engine flame out. 

The unsafe condition, if not addressed, 

could result in engine failure and 

reduced control of the helicopter, 

possibly resulting in damage to the 


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