Federal Register / Vol. 87, No. 66 / Wednesday, April 6, 2022 / Rules and Regulations 19789 

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 April 

1, 2022. 

Patrick R. Mullen, 

Manager, Technical Innovation Policy 

Branch, Policy and Innovation Division, 

Aircraft Certification Service. 

[FR Doc. 2022–07254 Filed 4–5–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. FAA–2022–0277; Special 

Conditions No. 25–814–SC] 

Special Conditions: Peregrine, Textron 

Aviation Model 400A Airplane; 

Rechargeable Lithium Batteries 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions; request 

for comments. 

SUMMARY: These special conditions are 

issued for the Textron Aviation 

(Textron) Model 400A airplane. This 

airplane, 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 a main ship rechargeable lithum 

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: This action is effective on 

Peregrine on April 6, 2022. Send 

comments on or before May 23, 2022. 

ADDRESSES: Send comments identified 

by Docket No. FAA–2022–0277 using 

any of the following methods: 

• Federal eRegulations Portal: Go to 

https://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 title 14, 

Code of Federal Regulations (14 CFR) 

11.35, the FAA will post all comments 

received without change to https://

www.regulations.gov/, including any 

personal information you provide. The 

FAA will also post a report 

summarizing each substantive verbal 

contact received about these special 

conditions. 

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 these special conditions 

contain commercial or financial 

information that is customarily treated 

as private, that you actually treat as 

private, and that is relevant or 

responsive to these special conditions, 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 these special 

conditions. 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 these special 

conditions. 

Docket: Background documents or 

comments received may be read at 

https://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 

finds, pursuant to § 11.38(b), that new 

comments are unlikely, and notice and 

comment prior to this publication are 

unnecessary. 

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 November 30, 2021, Peregrine 

applied for a supplemental type 

certificate for the installation of a True 

Blue Power TB40 main ship 

rechargeable lithium battery in the 

Model 400A airplane. The Textron 

Model 400A airplane is a twin-engine 

transport category business jet, with a 

maxium passenger capacity of 11, and 


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19790 Federal Register / Vol. 87, No. 66 / Wednesday, April 6, 2022 / Rules and Regulations 

has a maximum takeoff weight of 16,300 

pounds. 

Type Certification Basis 

Under the provisions of title 14, Code 

of Federal Regulations (14 CFR) 21.101, 

Peregrine must show that the Model 

400A airplane, as changed, continues to 

meet the applicable provisions of the 

regulations listed in Type Certificate No. 

A16SW 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 

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

adequate or appropriate safety standards 

for the Peregrine Model 400A airplane 

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 applicant apply 

for a supplemental type certificate 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 Textron Model 400A 

airplane 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 Textron Model 400A airplane 

will incorporate the following novel or 

unusual design features: 

Installation of True Blue Power TB40 

main ship rechargeable lithium battery. 

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 Textron 

Model 400A airplane. Should Peregrine 

apply at a later date for a supplemental 

type certificate to modify any other 

model included on Type Certificate No. 

A16SW to incorporate the same novel or 

unusual design feature, these special 

conditions would apply to that model as 

well. 

Conclusion 

This action affects only a certain 

novel or unusual design feature on one 

model of airplane. It is not a rule of 

general applicability and affects only 

the applicant who applied to the FAA 

for approval of this feature on the 

airplane. 

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 Textron Aviation 

Model 400A airplanes, 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 


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Federal Register / Vol. 87, No. 66 / Wednesday, April 6, 2022 / Rules and Regulations 19791 

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 April 

1, 2022. 

Patrick R. Mullen, 

Manager, Technical Innovation Policy 

Branch, Policy and Innovation Division, 

Aircraft Certification Service. 

[FR Doc. 2022–07255 Filed 4–5–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2022–0018; Project 

Identifier MCAI–2021–00853–R; Amendment 

39–21997; AD 2022–07–09] 

RIN 2120–AA64 

Airworthiness Directives; Airbus 

Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for all 

Airbus Helicopters Model AS33L2 and 

EC225LP helicopters. This AD was 

prompted by a discrepancy in the 

rotorcraft flight manual (RFM) where 

the rotorcraft stay-up flying capabilities 

for Category B operation were provided 

through performance data only, not as 

airworthiness limitations that are 

dependent upon on the number of 

passengers on board. This AD requires 

revising the existing 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 is effective May 11, 

2022. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of May 11, 2022. 

ADDRESSES: For EASA material 

incorporated by reference (IBR) in this 

final rule, contact EASA, KonradAdenauer-Ufer 3, 50668 Cologne, 

Germany; telephone +49 221 8999 000; 

email ADs@easa.europa.eu; internet 

www.easa.europa. You may find the 

EASA material on the EASA website at 

https://ad.easa.europa.eu. 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. It is also available in the AD 

docket at https://www.regulations.gov 

by searching for and locating Docket No. 

FAA–2022–0018. 

Examining the AD Docket 

You may examine the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2022–0018; 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 

address for Docket Operations is U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE, Washington, DC 

20590. 

FOR FURTHER INFORMATION CONTACT: 

Andrea Jimenez, Aerospace Engineer, 

COS Program Management Section, 

Operational Safety Branch, Compliance 

& Airworthiness Division, FAA, 1600 

Stewart Ave., Suite 410, Westbury, NY 

11590; telephone (516) 228–7330; email 

andrea.jimenez@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

EASA, which is the Technical Agent 

for the Member States of the European 

Union, has issued EASA AD 2021–0174, 

dated July 21, 2021 (EASA AD 2021– 

0174), to correct an unsafe condition for 

Airbus Helicopters, formerly 

Eurocopter, Eurocopter France, and 

Aerospatiale, Model AS 332 L2 and EC 

225 LP helicopters. 

The FAA issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 by adding an AD that would 

apply to all Airbus Helicopters Model 

AS332L2 and EC225LP helicopters. The 

NPRM published in the Federal 

Register on January 31, 2022 (87 FR 

4820). The NPRM was prompted by a 

discrepancy in the RFM where the 

rotorcraft stay-up flying capabilities for 

Category B operation were provided 

through performance data only, not as 

airworthiness limitations that are 

dependent upon on the number of 

passengers on board. The NPRM 

proposed to require revising the existing 

RFM for your helicopter, as specified in 

EASA AD 2021–0174. 

The FAA is issuing this AD to address 

this discrepancy in the RFM, which, if 

not addressed, could lead to incorrect 

determination of the stay-up flying 

capabilities of the helicopter, resulting 

in reduced control of the helicopter. See 

EASA AD 2021–0174 for additional 

background information. 

Discussion of Final Airworthiness 

Directive 

Comments 

The FAA received no comments on 

the NPRM or on the determination of 

the costs. 

Conclusion 

These helicopters have been approved 

by EASA and are approved for operation 

in the United States. Pursuant to the 

FAA’s bilateral agreement with the 

European Union, EASA has notified the 

FAA about the unsafe condition 

described in its AD. The FAA reviewed 

the relevant data and determined that 

air safety requires adopting this AD as 

proposed. Accordingly, the FAA is 

issuing this AD to address the unsafe 

condition on these helicopters. Except 

for minor editorial changes, this AD is 

adopted as proposed in the NPRM. 

Related Service Information Under 1 

CFR Part 51 

EASA AD 2021–0174 requires 

amending (revising) the Limitation 

Section of the applicable RFM by 

incorporating new weight limitations 

that are dependent upon the number of 

passengers on board. 

This material is reasonably available 

because the interested parties have 

access to it through their normal course 


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