[Federal Register Volume 63, Number 185 (Thursday, September 24, 1998)]
[Rules and Regulations]
[Pages 50979-50981]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25124]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-CE-116-AD; Amendment 39-10784; AD 98-20-17]
RIN 2120-AA64


Airworthiness Directives; SAFT America Inc. Part Number (P/N) 
021929-000 (McDonnell Douglas P/N 43BO34LB02) and P/N 021904-000 
(McDonnell Douglas P/N 43BO34LB03) Nickel Cadmium Batteries

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
applies to certain SAFT America Inc. P/N 021929-000 (McDonnell Douglas 
P/N 43BO34LB02) and P/N 021904-000 (McDonnell Douglas P/N 43BO34LB03) 
nickel cadmium batteries that are installed on aircraft. This AD 
requires replacing all battery terminal screws, verifying that the 
battery contains design specification cells, and replacing the cells if 
the battery contains non-design specification cells. This AD is the 
result of an incident where the cell screws on one of the affected 
batteries were exposed to chloride, which caused the heads of some 
fasteners to shear off and eventually resulted in the battery 
exploding. The actions specified by this AD are intended to prevent 
such an occurrence, which could result in loss of emergency power to 
electrical flight components or other emergency power systems required 
in the event of loss of the aircraft primary power source.

DATES: Effective November 2, 1998.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of November 2, 1998.

ADDRESSES: Service information that applies to this AD may be obtained 
from SAFT America Inc., 711 Industrial Boulevard, Valdosta, Georgia 
31601; telephone: (912) 245-2820; facsimile: (912) 245-2827. This 
information may also be examined at the Federal Aviation Administration 
(FAA), Central Region, Office of the Regional Counsel, Attention: Rules 
Docket No. 97-CE-116-AD, Room 1558, 601 E. 12th Street, Kansas City, 
Missouri 64106; or at the Office of the Federal Register, 800 North 
Capitol Street, NW, suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Mr. Hector Hernandez, Aerospace 
Engineer, FAA, Atlanta Aircraft Certification Office, One Crown Center, 
1895 Phoenix Boulevard, suite 450, Atlanta, Georgia 30349; telephone: 
(770) 703-6069; facsimile: (770) 703 6097.

SUPPLEMENTARY INFORMATION:

Events Leading to the Issuance of This AD

    A proposal to amend part 39 of the Federal Aviation Regulations (14 
CFR part 39) to include an AD that would apply to aircraft that have a 
certain SAFT America Inc. P/N 021929-000 (McDonnell Douglas P/N 
43BO34LB02) or P/N 021904-000 (McDonnell Douglas P/N 43BO34LB03) nickel 
cadmium battery installed was published in the Federal Register as a 
notice of proposed rulemaking (NPRM) on March 2, 1998 (63 FR 10156). 
The NPRM proposed to require replacing all battery terminal screws, 
verifying that the battery contains design specification cells, and 
replacing the cells if the battery contains non-design specification 
cells. Accomplishment of the proposed action as specified in the NPRM 
would be in accordance with SAFT Aviation Batteries Service Bulletin 
Document No. A00027, Rev F, dated January 15, 1998.
    The NPRM was the result of an incident where the cell screws on one 
of the affected batteries were exposed to chloride, which caused the 
heads of some fasteners to shear off and

[[Page 50980]]

eventually resulted in the battery exploding.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Comment Issue No. 1: Exclude Those Batteries Maintained by Airlines

    One commenter suggests that the AD be developed to identify those 
batteries that have undergone repairs by third party vendors or 
batteries that were purchased in conditions other than new. Two 
commenters state that the AD should not apply to batteries maintained 
by airlines with internal battery shops where the repair process is 
contained within an FAA-approved maintenance program.
    The FAA does not concur. The FAA does not have any information that 
would show that the way airlines repair batteries is significantly 
different from third party (repair station) processes. While the FAA 
realizes that some airlines will not have any problems with the 
batteries on their fleet of aircraft, this number would probably be 
very closely related to the number of repair stations that maintain 
batteries in a very similar manner. The FAA knows of no other way of 
assuring that all of the affected batteries have acceptable battery 
screws and design specification cells than to require the actions 
specified in the NPRM.
    In addition, FAA site visits to several maintenance facilities to 
review battery maintenance programs revealed that some airlines were 
installing incorrect screws, were not using the latest battery 
maintenance manual, and were modifying batteries without having the 
proper documentation. The FAA will evaluate an airline's maintenance 
practices on a case-by-case basis provided that an Aviation Safety 
Inspector that is familiar with the maintenance program submits an 
alternative method of compliance (AMOC) in accordance with the 
procedures in paragraph (d) of this AD. The FAA will evaluate the 
submittal and will either approve or deny the AMOC accordingly.
    No changes to the final rule have been made as a result of these 
comments.

Comment Issue No. 2: Develop a Method of Tracing Those Batteries in 
Compliance With the AD

    One commenter suggests a part number change be implemented in order 
to trace those batteries that are in compliance with the AD. The part 
number change will assure that the affected aircraft are not demodified 
by non-routine battery replacement and would assist in tracking the 
compliance of the AD.
    The FAA does not concur that a part number change is necessary. The 
manufacturer assigns a part number that is intended to be used for the 
life of the battery. This part number establishes traceability and 
service history of the battery. When the AD is complied with, the 
repair facility or maintenance shop will record and document compliance 
with the AD as specified in the Federal Aviation Regulations (14 CFR). 
By regulation, an aircraft cannot be legally operated if not in 
compliance with an AD; demodifying the battery would put the aircraft 
in non-compliance with the AD. However, Saft America Inc. has agreed to 
supply a plastic label for the battery that will indicate compliance 
with the AD. This label shall not cover the original part number of the 
battery. The FAA will include information in the AD to communicate the 
availability of the plastic label.

Comment Issue No. 3: Revise the Service Bulletin to Include Certain 
Items

    One commenter requests that, in order to avoid any confusion, Saft 
America Inc. should reference the component maintenance manual in the 
Service Bulletin.
    One commenter states that the terminal screw CMM IPL figure and 
item number is additional information that the airlines will use to 
perform the required AD. The commenter requests that it be included in 
the service bulletin.
    One commenter requests that Saft include a list of authorized 
sources for obtaining terminal screws, as this would assist the repair 
shop in obtaining the necessary parts.
    Saft America Inc. has revised Saft Aviation Batteries Service 
Bulletin Document No. A00027 to the Revision G level (dated July 14, 
1998) to incorporate reference to the component maintenance manual, to 
include a list of suppliers that will assist the repair shops in 
obtaining the parts (from an authorized dealer) that are necessary to 
comply with the AD, and include the terminal screw CMM IPL figure and 
item number. This service bulletin will be incorporated into the AD.

Comment Issue No. 4: Change the Compliance Time/Parts Availability

    One commenter requests that the effective date be changed to 
coincide with parts availability.
    The FAA has been assured by Saft America Inc. that parts will be 
available for all aircraft by the compliance time of ``at the next 
scheduled battery maintenance that occurs 3 calendar months after the 
effective date of this AD or within the next 15 calendar months after 
the effective date of this AD, whichever occurs first.''
    No change to the final rule has been made as a result of this 
comment.

Comment Issue No. 5: Change the Terminal Screw Part Number

    One commenter recommends that the terminal screw part be changed to 
differentiate the suspect terminal screws from the new terminal screws.
    The FAA does not concur. The part number does not appear on the 
terminal screw due to the small size of the screw. The part number 
appears on the package that the new screw comes in. However, to 
differentiate between the screws, the new terminal screws have markings 
on the head of the screws (either two adjacent protrusions or two 
protrusions 180 degrees apart), while the suspect screws have no 
markings.
    No changes to the final rule are necessary as a result of this 
comment.

The FAA's Determination

    After careful review of all available information related to the 
subject presented above, the FAA has determined that air safety and the 
public interest require the adoption of the rule as proposed except for 
the addition of information communicating the availability of the 
compliance label from Saft, the incorporation of the revised service 
bulletin, and minor editorial corrections. The FAA has determined that 
this addition of the compliance label information, the incorporation of 
the revised service bulletin, and the minor corrections will not change 
the meaning of the AD and will not add any additional burden upon the 
public than was already proposed.

Cost Impact

    The FAA estimates that 1,004 aircraft in the U.S. registry could 
have at least one of the affected batteries installed and will be 
affected by this AD, that it will take approximately 16 workhours per 
aircraft to accomplish these actions, and that the average labor rate 
is approximately $60 an hour. Parts cost approximately $78 per battery 
(two batteries per aircraft = $156). Based on these figures, the total 
cost impact of this AD on U.S. operators is estimated to be $1,120,464, 
or $1,116 per aircraft if all aircraft have two affected batteries 
installed.

[[Page 50981]]

Compliance Time of This AD

    The unsafe condition specified by this AD is caused by corrosion. 
Corrosion can occur regardless of whether the aircraft is in operation. 
Therefore, to assure that the unsafe condition specified in this AD 
does not go undetected for a long period of time, the compliance is 
presented in calendar time instead of hours time-in-service (TIS).

Regulatory Impact

    The regulations adopted herein will not have substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government. Therefore, in 
accordance with Executive Order 12612, it is determined that this final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); and (3) will not have a 
significant economic impact, positive or negative, on a substantial 
number of small entities under the criteria of the Regulatory 
Flexibility Act. A copy of the final evaluation prepared for this 
action is contained in the Rules Docket. A copy of it may be obtained 
by contacting the Rules Docket at the location provided under the 
caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (14 CFR part 39) as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding a new airworthiness directive 
(AD) to read as follows:

98-20-17  Saft America Inc.: Amendment 39-10784; Docket No. 97-CE-
116-AD.

    Applicability: Part Number (P/N) 021929-000 (McDonnell Douglas
P/N 43BO34LB02) and P/N 021904-000 (McDonnell Douglas P/N 
43BO34LB03) Nickel Cadmium Batteries manufactured prior to December 
1997 that are installed on, but not limited to, McDonnell Douglas 
DC-9 and MD-80 aircraft, all serial numbers, certificated in any 
category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision that incorporates one of the 
affected batteries, regardless of whether it has been modified, 
altered, or repaired in the area subject to the requirements of this 
AD. For aircraft that have been modified, altered, or repaired so 
that the performance of the requirements of this AD is affected, the 
owner/operator must request approval for an alternative method of 
compliance in accordance with paragraph (d) of this AD. The request 
should include an assessment of the effect of the modification, 
alteration, or repair on the unsafe condition addressed by this AD; 
and, if the unsafe condition has not been eliminated, the request 
should include specific proposed actions to address it.

    Compliance: Required at the next scheduled battery maintenance 
that occurs 3 calendar months after the effective date of this AD or 
within the next 15 calendar months after the effective date of this 
AD, whichever occurs first, unless already accomplished.
    To prevent the battery from shorting out or exploding if the 
heads of fasteners become sheared off, which could result in loss of 
emergency power to electrical flight components or other emergency 
power systems required in the event of loss of the aircraft primary 
power source, accomplish the following:
    (a) Replace all battery terminal screws, verify that the battery 
contains design specification cells, and replace the cells if the 
battery contains non-design specification cells. Accomplish these 
actions in accordance with the INSTRUCTIONS section of SAFT Aviation 
Batteries Service Bulletin Document No. A00027, Rev G, dated July 
14, 1998.
    (1) A plastic label indicating compliance with the AD may be 
obtained from Saft America Inc. at the address specified in 
paragraph (e) of this AD.
    (2) This label shall not cover the original part number of the 
battery.
    (3) SAFT Aviation Batteries Service Bulletin Document No. 
A00027, Rev G, dated July 14, 1998, provides the option of 
purchasing this label from Saft or manufacturing your own label.
    (4) This label must be installed on the battery as depicted in 
Figures 3 and 4 on page 8 of SAFT Aviation Batteries Service 
Bulletin Document No. A00027, Rev G, dated July 14, 1998.
    (b) If the actions required by this AD have been previously 
accomplished in accordance with SAFT Aviation Batteries Service 
Bulletin Document No. A00027, Rev F, dated January 15, 1998, then 
the only action required by this AD would be to install a compliance 
label on the battery as specified in SAFT Aviation Batteries Service 
Bulletin Document No. A00027, Rev G, dated July 14, 1998.
    (c) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the aircraft to a location where 
the requirements of this AD can be accomplished.
    (d) An alternative method of compliance or adjustment of the 
compliance time that provides an equivalent level of safety may be 
approved by the Manager, Atlanta Aircraft Certification Office, One 
Crown Center, 1895 Phoenix Boulevard, suite 450, Atlanta, Georgia 
30349. The request shall be forwarded through an appropriate FAA 
Maintenance Inspector, who may add comments and then send it to the 
Manager, Atlanta Aircraft Certification Office.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Atlanta Aircraft Certification Office.

    (e) The replacements required by this AD shall be done in 
accordance with SAFT Aviation Batteries Service Bulletin Document 
No. A00027, Rev G, dated July 14, 1998. This incorporation by 
reference was approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be 
obtained from SAFT America Inc., 711 Industrial Boulevard, Valdosta, 
Georgia 31601. Copies may be inspected at the FAA, Central Region, 
Office of the Regional Counsel, Room 1558, 601 E. 12th Street, 
Kansas City, Missouri, or at the Office of the Federal Register, 800 
North Capitol Street, NW, suite 700, Washington, DC.
    (f) This amendment becomes effective on November 2, 1998.

    Issued in Kansas City, Missouri, on September 14, 1998.
Marvin R. Nuss,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-25124 Filed 9-23-98; 8:45 am]
BILLING CODE 4910-13-U