3062 Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Rules and Regulations 

prevented by circumstances beyond his 

or her control from providing timely 

documentation. 

(2) Appropriate documentation 

includes, but is not limited to, copies of 

birth certificates, marriage certificates, 

and, if applicable, other proof including 

that the individual lives with the 

enrollee and that the enrollee is the 

individual’s primary source of financial 

support. 

(3) The effective date of the removal 

shall be prospective unless the record 

shows that the enrollee or the removed 

individual has committed fraud or made 

an intentional misrepresentation of 

material fact as prohibited by the terms 

of the plan. If fraud or intentional 

misrepresentation of material fact is 

found, the effective date of the removal 

is the date of loss of eligibility. 

(4) The enrollee or the removed 

individual may request reconsideration 

of an employing office or OPM’s 

decision to remove the individual from 

the enrollment within 60 days of an 

employing office or OPM’s initial 

decision. The enrollee or the removed 

individual may request reconsideration 

of an employing office decision to the 

employing office or an OPM decision to 

OPM. The employing office or OPM, as 

applicable, must notify the carrier when 

a request for reconsideration of the 

decision to remove the individual from 

the enrollment is made. The time limit 

for filing may be extended if the 

enrollee or the removed individual 

shows that he or she was not notified of 

the time limit and was not otherwise 

aware of it, or that he or she was 

prevented by circumstances beyond his 

or her control from making the request 

within the time limit. The request for 

reconsideration must be made in writing 

and must include the enrollee’s name, 

address, Social Security Number or 

other personal identification number, 

the individual’s name, the name of the 

enrollee’s carrier, reason(s) for the 

request, and, if applicable, the enrollee’s 

retirement claim number. 

(5) The employing office or OPM, as 

applicable, must issue a written notice 

of its final decision to the enrollee, and 

notify the carrier of the decision within 

30 days of receipt of the request for 

reconsideration. The notice must fully 

set forth the findings and conclusions 

on which the decision was based. 

(6) If an enrollee or the removed 

individual provides acceptable proof of 

eligibility of an individual subsequent 

to removal, coverage under the 

enrollment shall be reinstated 

retroactively so that there is no gap in 

coverage, as appropriate. 

(g) Temporary extension of coverage, 

conversion and/or temporary 

continuation of coverage. If an 

individual is removed from an 

enrollment pursuant to paragraph (e) or 

(f) of this section, the individual may be 

eligible for a 31-day temporary 

extension of coverage, conversion and/ 

or temporary continuation of coverage 

in accordance with § 890.401 and 

subparts H and K of this part. Any 

opportunity to enroll under § 890.401 

and subparts H and K shall not extend 

beyond the date that opportunity would 

have ended if the individual had been 

removed on the date of loss of 

eligibility. 

(1) Example. An enrollee and his 

spouse divorce on May 4, 2017. The 

enrollee does not remove the former 

spouse from the enrollee’s self and 

family enrollment, so the former spouse 

is receiving coverage but is not eligible. 

In this example, the former spouse is 

not eligible to receive an annuity listed 

in § 890.805(2). If the employing office 

later discovers the divorce, and removes 

the spouse from the enrollment on June 

20, 2018, the former spouse is not 

eligible for a 31-day extension of 

coverage, conversion and/or temporary 

continuation of coverage because the 

regulatory window for election of 60 

days outlined in § 890.805(1) has 

passed. The sixty-day window began on 

the final date of the divorce, May 4, 

2017 and ended on July 3, 2017. 

(2) [Reserved] 

(h) Removal from enrollment: Eligible 

family members. (1) An eligible family 

member may be removed from a self 

plus one or a self and family enrollment 

if a request is submitted to the enrollee’s 

employing office for approval at any 

time during the plan year in the 

following circumstances: 

(i) In the case of a spouse, if the 

enrollee and his or her spouse provide 

a notarized request for removal. 

(ii) In the case of a child who has 

reached the age of majority in the 

child’s state of residence (the enrollee’s 

state of residence if the child’s is not 

known), if the enrollee provides proof 

that the child is no longer his or her 

dependent as described under 

§ 890.302(b). The enrollee shall also 

provide the last known contact 

information for the child. 

(iii) In the case of a child who has 

reached the age of majority in the 

child’s state of residence, if the child 

provides a notarized request for removal 

to the employing office. 

(2) For removals under paragraph 

(h)(1) of this section the effective date is 

the first day of the third pay period 

following the date the request is 

approved by the employing office for 

employees who pay bi-weekly and the 

second pay period following the date 

that the request is approved by the 

employing office for enrollees who pay 

premiums monthly. 

(3) The family member’s removal 

under this paragraph (h) is considered a 

cancellation under § 890.304(d) and 

removed family members are not 

eligible for temporary extension of 

coverage and conversion under 

§ 890.401 or temporary continuation of 

coverage under § 809.1103. 

(4) If an eligible family member is 

removed under this paragraph (h), he or 

she may only regain coverage under the 

applicable self plus one or self and 

family enrollment if requested by the 

enrollee during the annual open season 

or within 60 days of the family member 

losing other health insurance coverage. 

The enrollee must also provide written 

consent to reinstatement of coverage 

from the family member and 

demonstrate eligibility of the spouse or 

child as a family member to the 

employing office. 

(5) If an employing office approves a 

request for removal, the employing 

office must notify the enrollee and the 

carrier of the removal immediately. For 

removals under paragraph (h)(1)(ii) of 

this section, the employing office must 

also immediately notify the child of the 

removal using the last known contact 

provided by the enrollee. 

[FR Doc. 2018–01174 Filed 1–22–18; 8:45 am] 

BILLING CODE 6325–63–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. FAA–2018–0035; Special 

Conditions No. 25–714–SC] 

Special Conditions: Preferred 

Improvements, LLC, Boeing Model 

DC3C Airplanes; Rechargeable Lithium 

Batteries 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions; request 

for comments. 

SUMMARY: These special conditions are 

issued for Boeing Model DC3C airplanes 

as modified by Preferred Improvements, 

LLC. These airplanes 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 

rechargeable lithium ion backup battery 

packs installed on the airplanes. The 

applicable airworthiness regulations do 

not contain adequate or appropriate 


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Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Rules and Regulations 3063 

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 

Preferred Improvements, LLC, on 

January 23, 2018. Send your comments 

by March 9, 2018. 

ADDRESSES: Send comments identified 

by docket number FAA–2018–0035 

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: The FAA will post all 

comments it receives, without change, 

to http://www.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). 

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, Airplane & Flight Crew 

Interface Section, AIR–671, Transport 

Standards Branch, Policy & Innovation 

Division, Aircraft Certification Service, 

Federal Aviation Administration, 1601 

Lind Avenue SW, Renton, Washington 

98057–3356; telephone (425) 227–2432; 

facsimile (425) 227–1320; email 

Nazih.Khaouly@faa.gov. 

SUPPLEMENTARY INFORMATION: The FAA 

has determined that notice of, and 

opportunity for prior public comment 

on, these special conditions is 

impracticable because these procedures 

would significantly delay issuance of 

the design approval and thus delivery of 

the affected airplanes. 

In addition, 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. The 

FAA, therefore, finds it unnecessary to 

delay the effective date, and finds good 

cause for making these special 

conditions effective upon publication in 

the Federal Register. 

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 will consider all comments we 

receive by the closing date for 

comments. We may change these special 

conditions based on the comments we 

receive. 

Background 

On February 1, 2017, Preferred 

Improvements, LLC, applied for a 

supplemental type certificate to install a 

Saab Grintek Impi II tracking system on 

Boeing Model DC3C airplanes. The 

tracking system sends altitude and 

speed information to a ground station 

via a modem, which contains a 

rechargeable lithium ion battery. 

The Boeing Model DC3C airplane is a 

narrow-body transport category airplane 

powered by twin-turbine/piston wingmounted engines. The airplane has a 

maximum takeoff weight of 26,900 

pounds with seating for 2 crewmembers 

and 32 passengers. 

Type Certification Basis 

Under the provisions of title 14, Code 

of Federal Regulations (14 CFR) 21.101, 

Preferred Improvements, LLC, must 

show that the Boeing Model DC3C 

airplanes, as changed, continue to meet 

the applicable provisions of the 

regulations listed in Type Certificate No. 

A669, 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 

for these airplanes, as modified by 

Preferred Improvements, LLC, 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 models for which they 

are issued. Should the applicant apply 

for a supplemental type certificate to 

modify any other models included on 

the same type certificates to incorporate 

the same novel or unusual design 

feature, these special conditions would 

also apply to the other models under 

§ 21.101. 

In addition to the applicable 

airworthiness regulations and special 

conditions, Boeing Model DC3C 

airplanes, as modified by Preferred 

Improvements, LLC, 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 

Boeing Model DC3C airplanes, as 

modified by Preferred Improvements, 

LLC, will incorporate the following 

novel or unusual design feature: 

airplane tracking system with a modem 

containing a rechargeable lithium ion 

battery. 

The 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 battery system are referred 

to as a 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. 


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3064 Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Rules and Regulations 

Special Condition 1 requires that each 

individual cell within a rechargeable 

lithium 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 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 fire-protection 

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 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 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. These regulations will 

remain in effect for other battery 

installations on these airplanes. 

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 Boeing 

Model DC3C airplanes as modified by 

Preferred Improvements, LLC. Should 

Preferred Improvements, LLC, apply at 

a later date for a supplemental type 

certificate to modify any other model 

included on Type Certificate No. A699 

to incorporate the same novel or 

unusual design feature, these special 

conditions would apply to those models 

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. 

List of Subjects in 14 CFR Part 25 

Aircraft, Aviation safety, Reporting 

and recordkeeping requirements. 

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 Boeing Model 

DC3C airplanes as modified by Preferred 

Improvements, LLC. 

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, 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. If its function is required for safe 

operation of the airplane, have a 

monitoring and warning feature that 

alerts the flight crew when its charge 

state falls below acceptable levels. 

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 this special 

condition, a battery and battery system are 

referred to as a battery. 

Issued in Renton, Washington, on January 

17, 2018. 

Victor Wicklund, 

Manager, Transport Standards Branch, Policy 

& Innovation Division, Aircraft Certification 

Service. 

[FR Doc. 2018–01102 Filed 1–22–18; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2018–0015; Product 

Identifier 2017–CE–045–AD; Amendment 

39–19158; AD 2018–02–05] 

RIN 2120–AA64 

Airworthiness Directives; Piper 

Aircraft, Inc. 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

Piper Aircraft, Inc. Models PA–28–140, 

PA–28–150, PA–28–151, PA–28–160, 

PA–28–161, PA–28–180, PA–28–181, 


sradovich on DSK3GMQ082PROD with RULES