[Federal Register Volume 86, Number 135 (Monday, July 19, 2021)]
[Proposed Rules]
[Pages 37936-37939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15148]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 86, No. 135 / Monday, July 19, 2021 / 
Proposed Rules  

[[Page 37936]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0547; Project Identifier MCAI-2021-00574-T]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Airbus SAS Model A318, A319, A320, A321, A330-200, A330-200 
Freighter, A330-300, A330-800, A330-900, A340-200, A340-300, A340-500, 
A340-600, and A380-800 series airplanes. This proposed AD was prompted 
by a determination that repetitive disconnection and reconnection of 
certain parts manufacturer approval (PMA) nickel-cadmium (Ni-Cd) 
batteries during airplane parking or storage could lead to a reduction 
in capacity of those batteries. This proposed AD would require 
replacing certain PMA Ni-Cd batteries with serviceable Ni-Cd batteries, 
or maintaining the electrical storage capacity of those PMA Ni-Cd 
batteries during airplane storage or parking. This proposed AD 
corresponds to a previously proposed AD on type design Ni-Cd batteries 
with the same unsafe condition on the same model airplanes. The FAA is 
proposing this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by September 
2, 2021.

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 service information identified in this NPRM, contact Airbus 
SAS, Airworthiness Office--EIAS, Rond-Point Emile Dewoitine No: 2, 
31700 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 
93 44 51; email [email protected]; internet https://www.airbus.com. You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 2200 South 
216th St., Des Moines, WA. For information on the availability of this 
material at the FAA, call 206-231-3195.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0547; 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 NPRM, any comments 
received, and other information. The street address for Docket 
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, Large 
Aircraft Section, International Validation Branch, FAA, 2200 South 
216th St., Des Moines, WA 98198; telephone and fax 206-231-3225; email 
[email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2021-0547; Project Identifier 
MCAI-2021-00574-T'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
the proposal because of those comments.
    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 
https://www.regulations.gov, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact received about this NPRM.

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 NPRM 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 NPRM, 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 they will not be placed in the public 
docket of this NPRM. Submissions containing CBI should be sent to Dan 
Rodina, Aerospace Engineer, Large Aircraft Section, International 
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; 
telephone and fax 206-231-3225; email [email protected]. Any 
commentary that the FAA receives which is not specifically designated 
as CBI will be placed in the public docket for this rulemaking.

Background

    The FAA issued an NPRM, Docket Number FAA-2021-0350, which 
published in the Federal Register on May 11, 2021 (86 FR 25810). The 
NPRM addresses an unsafe condition for certain type design Ni-Cd 
batteries on all Airbus SAS Model A318, A319, A320, A321, A330-200, 
A330-200 Freighter, A330-300, A330-800, A330-900, A340-200, A340-300, 
A340-500, A340-600, and A380-800 series airplanes. The NPRM corresponds 
to European Union Aviation Safety Agency (EASA) AD 2020-0274, dated 
December 10, 2020 (EASA AD 2020-0274). The NPRM was prompted by a 
report that

[[Page 37937]]

repetitive disconnection and reconnection of certain Ni-Cd batteries 
during airplane parking or storage could lead to a reduction in 
capacity of those batteries.
    PMA Ni-Cd batteries are similar in design to the type design Ni-Cd 
batteries. The FAA has determined that any PMA part approved for the 
type design Ni-Cd batteries identified in the May 11, 2021 NPRM are 
also affected by the unsafe condition; therefore, this proposed AD 
would apply to those PMA Ni-Cd batteries.
    The FAA has determined that repetitive disconnection and 
reconnection of certain PMA Ni-Cd batteries during airplane parking or 
storage could lead to a reduction in capacity of those batteries The 
FAA is proposing this AD to address reduced capacity of certain PMA Ni-
Cd batteries, which could lead to reduced battery endurance performance 
and possibly result in failure to supply the minimum essential 
electrical power during abnormal or emergency conditions.

Related Service Information Under 1 CFR Part 51

    Airbus has issued Alert Operators Transmission (AOT) A24N006-20, 
dated September 9, 2020; AOT A24L007-20, dated September 23, 2020; and 
AOT A24R009-20, dated September 23, 2020. This service information 
describes procedures for maintaining the electrical storage capacity of 
Ni-Cd batteries during airplane storage or parking. These documents are 
distinct since they apply to different airplane models. This service 
information is reasonably available because the interested parties have 
access to it through their normal course of business or by the means 
identified in the ADDRESSES section.

FAA's Determination

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to the FAA's bilateral agreement with the State of Design Authority, 
the FAA has been notified of the unsafe condition described in the MCAI 
and service information referenced above. The FAA is proposing this AD 
because the FAA evaluated all the relevant information and determined 
the unsafe condition described previously is likely to exist or develop 
on other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require replacing certain PMA Ni-Cd 
batteries with serviceable Ni-Cd batteries, or maintaining the 
electrical storage capacity of those PMA Ni-Cd batteries during 
airplane storage or parking.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect up to 1,814 airplanes of U.S. registry. The FAA estimates the 
following costs to comply with this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                              Cost per
                Labor cost                   Parts cost        product             Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
5 work-hours x $85 per hour = $425.......          $8,000          $8,425  Up to $15,282,950.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: General requirements. 
Under that section, Congress charges the FAA with promoting safe flight 
of civil aircraft in air commerce by prescribing regulations for 
practices, methods, and procedures the Administrator finds necessary 
for safety in air commerce. This regulation is within the scope of that 
authority because it addresses an unsafe condition that is likely to 
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect 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.
    For the reasons discussed above, I certify this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive:

Airbus SAS: Docket No. FAA-2021-0547; Project Identifier MCAI-2021-
00574-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by September 2, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus SAS airplanes identified in paragraphs 
(c)(1) through (7) of this AD, certificated in any category, 
equipped with any parts manufacturer approval (PMA) part approved 
for the type design nickel cadmium (Ni-Cd) batteries identified in 
Figure 1 to paragraph (c) of this AD.

[[Page 37938]]

[GRAPHIC] [TIFF OMITTED] TP19JY21.000

    (1) Model A318-111, -112, -121, and -122 airplanes.
    (2) Model A319-111, -112, -113, -114, -115, -131, -132, -133, -
151N, -153N, and -171N airplanes.
    (3) Model A320-211, -212, -214, -215, -216, -231, -232, -233, -
251N, -252N, -253N, -271N, -272N, and -273N airplanes.
    (4) Model A321-111, -112, -131, -211, -212, -213, -231, -232, -
251N, -251NX, -252N, -252NX, -253N, -253NX, -271N, -271NX, -272N, 
and -272NX airplanes.
    (5) Model A330-201, -202, -203, -223, -223F, -243, -243F, -301, 
-302, -303, -321, -322, -323, -341, -342, -343, -743L, -841, and -
941 airplanes.
    (6) Model A340-211, -212, -213, -311, -312, -313, -541, -542, -
642, and -643 airplanes.
    (7) Model A380-841, -842, and -861 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 24, Electrical 
Power.

(e) Unsafe Condition

    This AD was prompted by a determination that repetitive 
disconnection and reconnection of certain PMA Ni-Cd batteries during 
airplane parking or storage could lead to a reduction in capacity of 
those batteries. The FAA is issuing this AD to address reduced 
capacity of certain PMA Ni-Cd batteries, which could lead to reduced 
battery endurance performance and possibly result in failure to 
supply the minimum essential electrical power during abnormal or 
emergency conditions.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Definitions

    (1) For the purposes of this AD, a serviceable PMA Ni-Cd battery 
is defined as a PMA battery approved for a Ni-Cd battery identified 
in Figure 1 to paragraph (c) of this AD, all serial numbers, which 
was, prior to installation, fully (re)charged in an approved battery 
shop at constant current and after (re)charging, was never installed 
and (re)connected to an airplane which was parked or stored for more 
than 2 days, except when the disconnection and subsequent connection 
of the battery has been accomplished using the preservation 
procedures as defined in the applicable service information 
specified in paragraphs (g)(1)(i) through (iii) of this AD. Where 
the applicable service information refers to Ni-Cd battery part 
numbers, use those procedures, as applicable, for the PMA batteries 
that are approved for that part number.
    (i) For A318, A319, A320 and A321 airplanes: Airbus Alert 
Operators Transmission (AOT) A24N006-20, dated September 9, 2020.
    (ii) For A330 and A340 airplanes: Airbus AOT A24L007-20, dated 
September 23, 2020.
    (iii) For A380 airplanes: Airbus AOT A24R009-20, dated September 
23, 2020.
    (2) For the purposes of this AD, a serviceable non-PMA Ni-Cd 
battery is defined as a type design Ni-Cd battery having a part 
number identified in Figure 1 to paragraph (c) of this AD, all 
serial numbers, which was, prior to installation, fully (re)charged 
in an approved battery shop at constant current and after 
(re)charging, was never installed and (re)connected to an airplane 
which was parked or stored for more than 2 days, except when the 
disconnection and subsequent connection of the battery has been 
accomplished using the preservation procedures as defined in the 
applicable service information specified in paragraphs (g)(1)(i) 
through (iii) of this AD.
    (3) For the purposes of this AD, a reconnection cycle is defined 
as one instance of disconnection and connection of a battery, 
installed on an airplane, to the airplane electrical system during 
parking or storage periods (for A330 and A340 airplanes) or parking 
periods (for A318, A319, A320, A321 and A380 airplanes) since the 
last battery charge at constant current in an approved battery shop, 
as defined in the applicable service information specified in 
paragraphs (g)(1)(i) through (iii) of this AD, except when the 
conditions specified in paragraph (g)(3)(i) or (ii) have been met. 
Where the applicable service information refers to Ni-Cd battery 
part numbers, use those procedures, as applicable, for the PMA 
batteries that are approved for that part number.
    (i) The on-wing battery preservation procedures as defined in 
the applicable service information specified in paragraphs (g)(1)(i) 
through (iii) of this AD have been applied.
    (ii) The battery has been disconnected, physically removed from 
the airplane and then subsequently installed and connected following 
a shop visit as defined in the applicable service information 
specified in paragraphs (g)(1)(i) through (iii) of this AD.
    (4) For the purposes of this AD: Group 1 airplanes are those 
which have a PMA part approved for Ni-Cd batteries identified in 
Figure 1 to paragraph (c) of this AD installed, which has more than 
4 reconnection cycles. Group 2 airplanes are those which have a PMA 
part approved for Ni-Cd batteries identified in Figure 1 to 
paragraph (c) of this AD installed, which has 4 or less reconnection 
cycles, or have a serviceable PMA Ni-Cd battery.

(h) Replacement

    (1) For Group 1 airplanes: Within the applicable compliance time 
specified in paragraphs (h)(1)(i) and (ii) of this AD and thereafter 
before each release to service of an airplane after parking or 
storage, as applicable, replace each PMA part approved for a Ni-Cd 
battery identified in Figure 1 to paragraph (c) of this AD with a 
serviceable PMA Ni-Cd battery or serviceable non-PMA Ni-Cd battery, 
in accordance with the instructions of the applicable service 
information specified in paragraphs (g)(1)(i) through (iii) of this 
AD. Where the applicable service information refers to Ni-Cd battery 
part numbers, use those procedures, as applicable, for the PMA 
batteries that are approved for that part number. After replacement 
of a battery with a serviceable PMA Ni-Cd battery, the airplane 
becomes a Group 2 airplane.
    Note 1 to paragraph (h)(1): For airplanes on which a battery is 
replaced with a serviceable non-PMA Ni-Cd battery, the airplane is 
no longer affected by this AD. Refer to Docket Number FAA-2021-0350 
(86 FR 25810; May 11, 2021) [as a notice of proposed rulemaking] for 
requirements for serviceable non-PMA Ni-Cd batteries.
    Note 2 to paragraph (h)(1): For Group 1 and Group 2 airplanes, 
guidance on preventing further reduction of the capacity of Ni-Cd 
batteries can be found in the off-wing or on-wing battery 
preservation procedures (including battery shop visits, as 
applicable) detailed in the applicable service information specified 
in paragraphs (g)(1)(i) through (iii) of this AD.
    (i) For A318, A319, A320 and A321 airplanes: Within 4 months 
after the effective date of this AD.
    (ii) For A330, A340, and A380 airplanes: Within 6 months after 
the effective date of this AD.
    (2) For Group 2 airplanes: A Group 2 airplane on which the 
preservation procedures, as detailed in the applicable

[[Page 37939]]

service information specified in paragraphs (g)(1)(i) through (iii) 
of this AD, are not accomplished becomes a Group 1 airplane after 
application of more than 4 reconnection cycles and must comply with 
paragraph (h)(1) of this AD. A Group 2 airplane on which 
preservation procedures, as detailed in the applicable service 
information specified in paragraphs (g)(1)(i) through (iii) of this 
AD, continue to be accomplished, remains a Group 2 airplane. Where 
the applicable service information refers to Ni-Cd battery part 
numbers, those procedures, as applicable, must be used for the PMA 
batteries that are approved for that part number.

(i) Preservation

    For Group 2 airplanes: As of the effective date of this AD, 
provided that the preservation procedures (off-wing or on-wing, as 
applicable) are accomplished on an airplane in accordance with the 
instructions of the applicable service information specified in 
paragraphs (g)(1)(i) through (iii) of this AD, no replacements of 
affected parts in accordance with the requirements of paragraph 
(h)(1) of this AD are required (anymore) for that airplane. Where 
the applicable service information refers to Ni-Cd battery part 
numbers, those procedures, as applicable, must be used for the PMA 
batteries that are approved for that part number.

(j) No Reporting Requirement

    Although the service information specified in paragraphs 
(g)(1)(i) through (iii) of this AD specifies to submit certain 
information to the manufacturer, this AD does not include that 
requirement.

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Large Aircraft Section, International Validation Branch, FAA, has 
the authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or responsible Flight 
Standards Office, as appropriate. If sending information directly to 
the Large Aircraft Section, International Validation Branch, send it 
to the attention of the person identified in paragraph (l)(1) of 
this AD. Information may be emailed to: [email protected]. 
Before using any approved AMOC, notify your appropriate principal 
inspector, or lacking a principal inspector, the manager of the 
responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain instructions from a manufacturer, the instructions must be 
accomplished using a method approved by the Manager, Large Aircraft 
Section, International Validation Branch, FAA; or the European Union 
Aviation Safety Agency (EASA); or Airbus SAS's EASA Design 
Organization Approval (DOA). If approved by the DOA, the approval 
must include the DOA-authorized signature.
    (3) Required for Compliance (RC): Except as required by 
paragraph (k)(2) of this AD, if any service information contains 
paragraphs that are labeled as RC, the instructions in RC 
paragraphs, including subparagraphs under an RC paragraph, must be 
done to comply with this AD; any paragraphs, including subparagraphs 
under those paragraphs, that are not identified as RC are 
recommended. The instructions in paragraphs, including subparagraphs 
under those paragraphs, not identified as RC may be deviated from 
using accepted methods in accordance with the operator's maintenance 
or inspection program without obtaining approval of an AMOC, 
provided the instructions identified as RC can be done and the 
airplane can be put back in an airworthy condition. Any 
substitutions or changes to instructions identified as RC require 
approval of an AMOC.

(l) Related Information

    (1) For more information about this AD, contact Dan Rodina, 
Aerospace Engineer, Large Aircraft Section, International Validation 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 
and fax 206-231-3225; email [email protected].
    (2) For service information identified in this AD, contact 
Airbus SAS, Airworthiness Office--EIAS, Rond-Point Emile Dewoitine 
No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax 
+33 5 61 93 44 51; email [email protected]; internet 
https://www.airbus.com. You may view this service information at the 
FAA, Airworthiness Products Section, Operational Safety Branch, 2200 
South 216th St., Des Moines, WA. For information on the availability 
of this material at the FAA, call 206-231-3195.

    Issued on June 29, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-15148 Filed 7-16-21; 8:45 am]
BILLING CODE 4910-13-P