17382 Federal Register / Vol. 74, No. 71 / Wednesday, April 15, 2009 / Rules and Regulations 

(3) A recommended speed for flight in 

rough air. This speed must be chosen to 

protect against the occurrence, as a 

result of gusts, of structural damage to 

the airplane and loss of control (for 

example, stalling); 

(4) Procedures for restarting any 

turbine engine in flight, including the 

effects of altitude; and 

(5) Procedures, speeds, and 

configuration(s) for making a normal 

approach and landing, in accordance 

with SC 23.73 and § 23.75, and a 

transition to the balked landing 

condition. 

(6) [Reserved] 

(b) [Reserved] 

(c) In addition to paragraph (a) of this 

special condition, the following 

information must be furnished: 

(1) Procedures, speeds, and 

configuration(s) for making an approach 

and landing with one engine 

inoperative; 

(2) Procedures, speeds, and 

configuration(s) for making a balked 

landing with one engine inoperative and 

the conditions under which a balked 

landing can be performed safely, or a 

warning against attempting a balked 

landing; 

(3) The VSSE determined in § 23.149; 

and 

(4) Procedures for restarting any 

engine in flight including the effects of 

altitude. 

(d) [Reserved] 

(e) [Reserved] 

(f) In addition to paragraphs (a) and 

(c) of this section, the information must 

include the following: 

(1) Procedures, speeds, and 

configuration(s) for making a normal 

takeoff. 

(2) Procedures and speeds for carrying 

out an accelerate-stop in accordance 

with SC 23.55. 

(3) Procedures and speeds for 

continuing a takeoff following engine 

failure in accordance with SC 

23.59(a)(1) and for following the flight 

path determined under SC 23.57 and SC 

23.61(a). 

(g) Information identifying each 

operating condition in which the fuel 

system independence prescribed in 

§ 23.953 is necessary for safety must be 

furnished, together with instructions for 

placing the fuel system in a 

configuration used to show compliance 

with that section. 

(h) For each airplane showing 

compliance with § 23.1353(g)(2) or 

(g)(3), the operating procedures for 

disconnecting the battery from its 

charging source must be furnished. 

(i) Information on the total quantity of 

usable fuel for each fuel tank, and the 

effect on the usable fuel quantity, as a 

result of a failure of any pump, must be 

furnished. 

(j) Procedures for the safe operation of 

the airplane’s systems and equipment, 

both in normal use and in the event of 

malfunction, must be furnished. 

25. SC 23.1587 Performance 

Information 

Instead of compliance with § 23.1587, 

the following apply: 

Unless otherwise prescribed, 

performance information must be 

provided over the altitude and 

temperature ranges required by SC 

23.45(b). 

(a) The following information must be 

furnished— 

(1) The stalling speeds VSO and VS1

with the landing gear and wing flaps 

retracted, determined at maximum 

weight under § 23.49, and the effect on 

these stalling speeds of angles of bank 

up to 60 degrees; 

(2) The steady rate and gradient of 

climb with all engines operating, 

determined under § 23.69(a); 

(3) The landing distance, determined 

under § 23.75 for each airport altitude 

and standard temperature, and the type 

of surface for which it is valid; 

(4) The effect on landing distances of 

operation on other than smooth hard 

surfaces, when dry, determined under 

SC 23.45(g); and 

(5) The effect on landing distances of 

runway slope and 50 percent of the 

headwind component and 150 percent 

of the tailwind component. 

(b) [Reserved]. 

(c) [Reserved] 

(d) In addition to paragraph (a) of this 

section, the following information must 

be furnished— 

(1) The accelerate-stop distance 

determined under SC 23.55; 

(2) The takeoff distance determined 

under SC 23.59(a); 

(3) At the option of the applicant, the 

takeoff run determined under SC 

23.59(b); 

(4) The effect on accelerate-stop 

distance, takeoff distance and, if 

determined, takeoff run, of operation on 

other than smooth hard surfaces, when 

dry, determined under SC 23.45(g); 

(5) The effect on accelerate-stop 

distance, takeoff distance, and if 

determined, takeoff run, of runway 

slope and 50 percent of the headwind 

component and 150 percent of the 

tailwind component; 

(6) The net takeoff flight path 

determined under SC 23.61(b); 

(7) The enroute gradient of climb/ 

descent with one engine inoperative, 

determined under § 23.69(b); 

(8) The effect, on the net takeoff flight 

path and on the enroute gradient of 

climb/descent with one engine 

inoperative, of 50 percent of the 

headwind component and 150 percent 

of the tailwind component; 

(9) Overweight landing performance 

information (determined by 

extrapolation and computed for the 

range of weights between the maximum 

landing and maximum takeoff weights) 

as follows— 

(i) The maximum weight for each 

airport altitude and ambient 

temperature at which the airplane 

complies with the climb requirements of 

SC 23.63(d)(2); and 

(ii) The landing distance determined 

under § 23.75 for each airport altitude 

and standard temperature. 

(10) The relationship between IAS 

and CAS determined in accordance with 

SC 23.1323(b) and (c). 

(11) The altimeter system calibration 

required by § 23.1325(e). 

Issued in Kansas City, Missouri on April 2, 

2009. 

John Colomy, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–8581 Filed 4–14–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 23 

[Docket No. CE291; Special Conditions No. 

23–231–SC] 

Special Conditions: Spectrum 

Aeronautical, LLC Model 40; Lithium 

Polymer Battery Installation 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions. 

SUMMARY: These special conditions are 

issued for the Spectrum Aeronautical, 

LLC Model 40 (S–40) airplane. This 

airplane will have a novel or unusual 

design feature associated with the 

installation of lithium polymer (Li-Poly) 

batteries for emergency, main, and 

auxiliary power unit (APU) 

applications. 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: Effective Date: April 7, 2009. 

FOR FURTHER INFORMATION CONTACT: Jim 

Brady, Aerospace Engineer, Standards 


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Federal Register / Vol. 74, No. 71 / Wednesday, April 15, 2009 / Rules and Regulations 17383 

Office (ACE–111), Small Airplane 

Directorate, Aircraft Certification 

Service, Federal Aviation 

Administration, 901 Locust, Room 301, 

Kansas City, Missouri 64106; telephone 

(816) 329–4132. 

SUPPLEMENTARY INFORMATION: 

Background 

On November 21, 2007, Spectrum 

Aeronautical, LLC applied for a type 

certificate for their new model 40 

airplane. The model 40 (S–40) airplane 

is a 2+9 (pilots + passengers) 

conventionally configured low wing 

normal category twin-engine jet airplane 

manufactured primarily from advanced 

carbon fiber composite materials. The 

model S–40 is designed to be certified 

for a single pilot operation for day, 

night, VFR, IFR and flight into known 

icing operations at altitudes up to 

45,000 feet. The company will show 

compliance with Reduced Vertical 

Separation Minimums (RVSM) 

requirements. Spectrum proposes to 

utilize lithium polymer (Li-Poly) 

batteries for emergency, main, and 

auxiliary power unit (APU) on the 

model S–40 airplane. 

Type Certification Basis 

Under the provisions of 14 CFR part 

21, § 21.17, Spectrum Aeronautical, LLC 

must show that the model S–40 meets 

the applicable provisions of part 23, as 

amended by Amendments 23–1 through 

23–57 thereto. 

In addition, the certification basis 

includes certain special conditions, and 

exemptions that are not relevant to these 

special conditions. 

In addition to the applicable 

airworthiness regulations and special 

conditions, the S–40 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.’’ 

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 model S–40 because of a novel 

or unusual design feature, special 

conditions are prescribed under the 

provisions of § 21.16. 

The FAA issues special conditions, as 

defined in § 11.19, under § 11.38 and 

they become part of the type 

certification basis under § 21.17(a)(2). 

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. 

Novel or Unusual Design Features 

The Spectrum S–40 will incorporate 

the following novel or unusual design 

features: Spectrum proposes to utilize 

lithium polymer (Li-Poly) batteries for 

emergency, main, and auxiliary power 

unit (APU) on the Spectrum S–40 

airplane model. This type of battery 

possesses certain failure and operational 

characteristics, and maintenance 

requirements that differ significantly 

from that of the nickel cadmium (Ni-Cd) 

and lead acid rechargeable batteries 

currently approved for installation in 

small airplanes. Current regulations in 

14 CFR part 23 do not address 

installation of Li-Poly batteries. This 

special condition is being proposed to 

require that all characteristics of the LiPoly battery and its installation that 

could affect safe operation of the 

Spectrum S–40 airplane are addressed, 

along with establishing that appropriate 

maintenance requirements must be 

provided to ensure electrical power is 

available from the batteries when 

needed. 

Discussion of Comments 

Notice of proposed special conditions 

No. 23–08–05–SC for the Spectrum 

Aeronautical, LLC Model 40 (S–40) 

airplanes was published on December 2, 

2008 (73 FR 73195). No comments were 

received, and the special conditions are 

adopted as proposed except for 

paragraphs (8), (9), and (10). In 

paragraph (8), we added the words 

‘‘state of charge’’ to indicate the 

condition of the batteries. In paragraph 

(9), we added the word 

‘‘manufacturer’s’’ to indicate which 

maintenance manual we were 

discussing. Finally, in paragraph (10), 

we reworded the paragraph to clarify 

the intent. 

As discussed above, these special 

conditions are applicable to the 

Spectrum S–40. Should Spectrum 

Aeronautical LLC apply at a later date 

for a change to the type certificate to 

include another model on the same type 

certificate incorporating the same novel 

or unusual design feature, the special 

conditions would apply to that model as 

well. 

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. 

■ The authority citation for these 

special conditions is as follows: 

Authority: 49 U.S.C. 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 Spectrum Aeronautical, LLC 

model S–40 airplanes. 

Spectrum Aeronautical, LLC Model 40 

Lithium Polymer Battery Installation 

In lieu of the requirements of 14 CFR 

part 23, § 23.1353(a) through (e), lithium 

polymer batteries and battery 

installations on the Spectrum S–40 

airplane must be designed and installed 

as follows: 

(1) Safe cell temperatures and 

pressures must be maintained during 

any probable charging or discharging 

condition, or during any failure of the 

charging or battery monitoring system 

not shown to be extremely remote. The 

Li-Poly battery installation must be 

designed to preclude explosion or fire in 

the event of those failures. 

(2) Li-Poly batteries must be designed 

to preclude the occurrence of selfsustaining, uncontrolled increases in 

temperature or pressure. 

(3) No explosive or toxic gasses 

emitted by any Li-Poly battery in normal 

operation or as the result of any failure 

of the battery charging or monitoring 

system, or battery installation not 

shown to be extremely remote, may 

accumulate in hazardous quantities 

within the airplane. 

(4) Li-Poly batteries that contain 

flammable fluids must comply with the 

flammable fluid fire protection 

requirements of 14 CFR part 23, 

§ 23.863(a) through (d). 

(5) No corrosive fluids or gasses that 

may escape from any Li-Poly battery 

may damage surrounding airplane 

structure or adjacent essential 

equipment. 

(6) Each Li-Poly 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. 

(7) Li-Poly battery installations must 

have a system to control the charging 


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17384 Federal Register / Vol. 74, No. 71 / Wednesday, April 15, 2009 / Rules and Regulations 

rate of the battery automatically, so as 

to prevent battery overheating or 

overcharging, and 

(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. 

(8) Any Li-Poly battery installation 

whose function is 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 capacity and state of 

charge of the batteries have fallen below 

levels considered acceptable for 

dispatch of the airplane. 

(9) The Instructions for Continued 

Airworthiness (ICAW) must contain 

recommended manufacturer’s 

maintenance and inspection 

requirements to ensure that batteries, 

including single cells, meet a safety 

function level essential to the aircraft’s 

continued airworthiness. 

(i) The ICAW must contain operating 

instructions and equipment limitations 

in an installation maintenance manual. 

(ii) The ICAW must contain 

installation procedures and limitation in 

a maintenance manual, sufficient to 

ensure that cells or batteries, when 

installed according to the installation 

procedures, still meet safety functional 

levels, essential to the aircraft’s 

continued airworthiness. The limitation 

must identify any unique aspects of the 

installation. 

(iii) The ICAW must contain 

corrective maintenance procedures to 

functionally check battery capacity at 

manufacturers recommended inspection 

intervals. 

(iv) The ICAW must contain 

scheduled servicing information to 

replace batteries at manufacturers 

recommended replacement time. 

(v) The ICAW must contain 

maintenance inspection requirements to 

visually check for a battery and/or 

charger degradation. 

(10) The ICAW must contain 

maintenance procedures to check, at 

manufacturer’s recommended 

inspection intervals, the function of any 

batteries in a rotating stock (spares) that 

experience degraded charge retention 

capability or other damage due to 

prolonged storage. 

(11) System Safety Assessment 

process should address the software and 

complex hardware levels for the 

sensing, monitoring and warning 

systems, if these systems contain 

complex devices. The functional hazard 

assessment (FHA) for the system is 

required based on the intended 

functions described. The criticality of 

the specific functions will be 

determined by the safety assessment 

process for compliance with 14 CFR 

part 23, § 23.1309, and Advisory 

Circular 23.1309–1C contains acceptable 

means for accomplishing this 

requirement. For determining the failure 

condition, the criticality of a function 

will include the mitigating factors. The 

failure conditions must address the loss 

of function and improper operations. 

It should be noted that these special 

conditions are not intended to replace 

14 CFR part 23, § 23.1353 in the 

certification basis of the Spectrum 

model S–40 airplanes. The special 

conditions apply only to Li-Poly 

batteries and battery installations. The 

battery requirements of 14 CFR part 23, 

§ 23.1353 would remain in effect for 

batteries and battery installations on the 

Spectrum airplane that do not utilize LiPoly chemistry. 

Issued in Kansas City, Missouri on April 7, 

2009. 

John Colomy, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–8582 Filed 4–14–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0347; Directorate 

Identifier 2009–CE–022–AD; Amendment 

39–15883; AD 2009–08–10] 

RIN 2120–AA64 

Airworthiness Directives; Pilatus 

Aircraft Ltd. Model PC–12/47E 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above that will 

supersede an existing AD. This AD 

results from mandatory continuing 

airworthiness information (MCAI) 

issued by the aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

Field reports have indicated that the 

possibility exists that both Primary Flight 

Displays (PFDs) could indicate a roll attitude 

offset of up to 10 degrees in the same 

direction if an accelerated turn onto the 

active runway is performed immediately 

followed by take-off. This condition has been 

reported to correct itself after several 

minutes. 

This situation, if not corrected, could result 

in an undesired bank angle, which would 

constitute an unsafe condition. 

This AD requires actions that are 

intended to address the unsafe 

condition described in the MCAI. 

DATES: This AD becomes effective April 

20, 2009. 

On April 20, 2009, the Director of the 

Federal Register approved the 

incorporation by reference of certain 

publications listed in this AD. 

We must receive comments on this 

AD by May 15, 2009. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://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: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, 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; or in person at the 

Docket Management Facility between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this AD, the regulatory 

evaluation, any comments received, and 

other information. The street address for 

the Docket Office (telephone (800) 647– 

5527) is in the ADDRESSES section. 

Comments will be available in the AD 

docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Doug Rudolph, Aerospace Engineer, 901 

Locust, Room 301, Kansas City, 

Missouri 64106; telephone: (816) 329– 

4059; fax: (816) 329–4090. 

SUPPLEMENTARY INFORMATION: 

Discussion 

On February 12, 2009, we issued AD 

2009–04–14, Amendment 39–15820 (74 

FR 7810; February 20, 2009). That AD 

required actions intended to address an 

unsafe condition on the products listed 

above. 


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