[Federal Register Volume 86, Number 196 (Thursday, October 14, 2021)]
[Rules and Regulations]
[Pages 57025-57027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22225]



[[Page 57025]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0350; Project Identifier MCAI-2020-01633-T; 
Amendment 39-21746; AD 2021-20-08]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 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. This AD was prompted by a report that 
repetitive disconnection and reconnection of certain batteries during 
airplane parking or storage could lead to a reduction in capacity of 
those batteries. This AD requires replacing certain nickel-cadmium (Ni-
Cd) batteries with serviceable Ni-Cd batteries, or maintaining the 
electrical storage capacity of those Ni-Cd batteries during airplane 
storage or parking, 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 November 18, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 18, 
2021.

ADDRESSES: For EASA material incorporated by reference (IBR) in this 
AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; 
telephone +49 221 8999 000; email [email protected]; internet 
www.easa.europa.eu. You may find this IBR material on the EASA website 
at https://ad.easa.europa.eu. You may view this material 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. It is also available in the AD 
docket at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2021-0350.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0350; 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 
mandatory continuing airworthiness information (MCAI), 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: 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:

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2020-0274, dated December 10, 2020 
(EASA AD 2020-0274) (also referred to as the MCAI), to correct an 
unsafe condition for all:

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

Model A320-215, A330-743L, A340-542, and A340-643 airplanes are not 
certificated by the FAA and are not included on the U.S. type 
certificate data sheet; this AD therefore does not include those 
airplanes in the applicability.
    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 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 published in the Federal Register on May 11, 2021 (86 FR 
25810). The NPRM was prompted by a report that repetitive disconnection 
and reconnection of certain Ni-Cd batteries during airplane parking or 
storage could lead to a reduction in capacity of those batteries. The 
NPRM proposed to require replacing certain Ni-Cd batteries with 
serviceable Ni-Cd batteries, or maintaining the electrical storage 
capacity of those Ni-Cd batteries during airplane storage or parking, 
as specified in EASA 2020-0274.
    The FAA is issuing this AD to address reduced capacity of certain 
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. See 
the MCAI for additional background information.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from the Air Line Pilots Association, 
International (ALPA) who supported the NPRM without change.
    The FAA received additional comments from one commenter, Delta Air 
Lines. The following presents the comments received on the NPRM and the 
FAA's response to each comment.

Request for Clarification on the Method of Compliance

    Delta Air Lines stated that it included the procedures for on-wing 
preservation of the batteries specified in the service information into 
its maintenance program work cards. Paragraph 5.2 of the service 
information referenced in EASA AD 2020-0274 describes the on-wing 
preservation procedure and the procedures are detailed in Appendix 2 of 
the referenced service information. Delta Air Lines noted that the 
procedure was not directly marked as Required for Compliance (RC) in 
either paragraph 5.2 or Appendix 2, but is referenced in another 
paragraph marked as ``RC.'' Delta Air Lines asked that the AD clarify 
the method of compliance with the preservation procedures, 
specifically, if incorporation of the procedures into routine 
maintenance program work cards is acceptable for AD compliance.
    The FAA agrees that the incorporation of the procedures into 
routine maintenance program work cards does meet the intent of the AD 
and is, therefore, an acceptable means of

[[Page 57026]]

compliance. The FAA has not changed this AD as a result of this 
comment.

Conclusion

    The FAA reviewed the relevant data, considered the comments 
received, and determined that air safety and the public interest 
requires adopting this AD as proposed. Except for minor editorial 
changes, this AD is adopted as proposed in the NPRM. None of the 
changes will increase the economic burden on any operator. Accordingly, 
the FAA is issuing this AD to address the unsafe condition on these 
products.

Related Service Information Under 1 CFR Part 51

    EASA AD 2020-0274 specifies procedures for replacing certain 
affected Ni-Cd batteries with serviceable Ni-Cd batteries, or 
maintaining the electrical storage capacity of those Ni-Cd batteries 
during airplane storage or parking. This material 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.

Costs of Compliance

    The FAA estimates that this AD affects 1,814 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
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                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
5 work-hours x $85 per hour = $425...........................              $0             $425         $770,950
----------------------------------------------------------------------------------------------------------------

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

    This AD will not have federalism implications under Executive Order 
13132. This AD will 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 that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, 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.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 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:

2021-20-08 Airbus SAS: Amendment 39-21746; Docket No. FAA-2021-0350; 
Project Identifier MCAI-2020-01633-T.

(a) Effective Date

    This airworthiness directive (AD) is effective November 18, 
2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus SAS airplanes identified in 
paragraphs (c)(1) through (7) of this AD, certificated in any 
category.
    (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, -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, -841, and -941 
airplanes.
    (6) Model A340-211, -212, -213, -311, -312, -313, -541, and -642 
airplanes.
    (7) Model A380-841, -842, and -861 airplanes.

(d) Subject

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

(e) Reason

    This AD was prompted by a report that repetitive disconnection 
and reconnection of certain nickel-cadmium (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 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) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, European Union Aviation Safety Agency (EASA) AD 
2020-0274, dated December 10, 2020 (EASA AD 2020-0274).

(h) Exceptions to EASA AD 2020-0274

    (1) Where EASA AD 2020-0274 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where EASA AD 2020-0274 defines a ``reconnection cycle'' as 
``repeated disconnection and connection of a battery . . . ,'' this 
AD defines it as ``one instance of disconnection and connection of a 
battery. . . .''
    (3) The ``Remarks'' section of EASA AD 2020-0274 does not apply 
to this AD.

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(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2020-0274 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

(j) 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 (k) 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 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 (j)(2) of this AD, if any service information referenced 
in EASA AD 2020-0274 that 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.

(k) Related Information

    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].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2020-0274, 
dated December 10, 2020.
    (ii) [Reserved]
    (3) For EASA AD 2020-0274, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
[email protected]; Internet www.easa.europa.eu. You may find this 
EASA AD on the EASA website at https://ad.easa.europa.eu.
    (4) You may view this material 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.
    (5) You may view this material that is incorporated by reference 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, email 
[email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on October 6, 2021.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-22225 Filed 10-13-21; 8:45 am]
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