[Federal Register Volume 86, Number 217 (Monday, November 15, 2021)]
[Rules and Regulations]
[Pages 62898-62901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24508]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0547; Project Identifier MCAI-2021-00574-T; 
Amendment 39-21762; AD 2021-21-02]
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 
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 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 AD requires 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 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 issuing this AD to 
address the unsafe condition on these products.

DATES: This AD is effective December 20, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of December 20, 
2021.

ADDRESSES: For service information identified in this final rule, 
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. It is also 
available at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2021-0547.

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 final rule, 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

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to 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. The NPRM published in the Federal Register on 
July 19, 2021 (86 FR 37936). The NPRM 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. In the NPRM, the FAA proposed to 
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. The NPRM 
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 
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.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from Air Line Pilots Association, 
International, which supported the NPRM without change.

[[Page 62899]]

    The FAA received additional comments from two commenters, including 
American Airlines and United Airlines. The following presents the 
comments received on the NPRM and the FAA's response to each comment.

Request To Combine Rulemaking

    American Airlines and United Airlines stated there is an NPRM, 
Docket No. FAA-2021-0350 (86 FR 25810, May 11, 2021), for a different 
AD that addresses an unsafe condition for certain type design Ni-Cd 
batteries (original equipment manufacturer (OEM) parts) on Airbus 
airplanes, which corresponds to European Union Aviation Safety Agency 
(EASA) AD 2020-0274, dated December 10, 2020 (EASA AD 2020-0274). 
American Airlines and United Airlines noted that this NPRM, Docket No. 
FAA-2021-0547, addresses that same unsafe condition for PMA Ni-Cd 
batteries (PMA parts) and has the same required actions. American 
Airlines requested that the intent of both NPRMs be combined into a 
single AD to simplify tracking and actions associated with the 
aforementioned NPRMs. United Airlines questioned why the FAA is 
planning on issuing two separate ADs.
    The FAA does not agree to combine both NPRMs into a single AD. At 
the time the NPRMs were developed, the FAA separated the rulemaking for 
OEM parts from the PMA parts since the FAA was informed of 
implementation issues with the adoption of combined rulemaking (OEM 
parts and PMA parts) by the foreign civil aviation authorities. 
Therefore, as an interim action, the FAA has decided to issue separate 
ADs for the OEM parts and the PMA parts. The FAA is discussing how to 
address OEM and PMA parts in ADs for future rulemaking. However, in the 
interest of safety to address the unsafe condition on the PMA parts 
identified in this AD, the FAA has determined this AD cannot be 
delayed.

Request for Information on the Work Scope

    United Airlines stated that the requirements in paragraphs (g), 
(h), and (i) of the proposed AD for the PMA parts have more detail than 
the requirements in NPRM, Docket No. FAA-2021-0350, for the OEM parts. 
United Airlines asked if there is contrasting work scopes between the 
OEM parts NPRM and the PMA parts NPRM.
    The FAA notes that the work scope is the same in both NPRMs. The 
OEM parts NPRM (published as AD 2021-20-08, Amendment 39-21746 (86 FR 
57025, October 14, 2021)), refers to EASA AD 2020-0274 as the 
appropriate source of service information. EASA AD 2020-0274 provides 
the details for the required actions. Paragraphs (g), (h), and (i) of 
this AD correspond to the Definitions and paragraphs (1) and (2) of 
EASA AD 2020-0274.

Conclusion

    The FAA reviewed the relevant data, considered any comments 
received, and determined that air safety 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.

Related Service Information Under 1 CFR Part 51

    Airbus has issued Alert Operators Transmission--AOT A24L007-20, Rev 
00, dated September 23, 2020; Alert Operators Transmission--AOT 
A24N006-20, Rev 01, dated October 12, 2020; and Alert Operators 
Transmission--AOT A24R009-20, Rev 00, 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.

Costs of Compliance

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

    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.

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.

[[Page 62900]]

Sec.  39.13  [Amended]

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

2021-21-02 Airbus SAS: Amendment 39-21762; Docket No. FAA-2021-0547; 
Project Identifier MCAI-2021-00574-T.

(a) Effective Date

    This airworthiness directive (AD) is effective December 20, 
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.
[GRAPHIC] [TIFF OMITTED] TR15NO21.000

    (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, Rev 01, dated October 12, 
2020.
    (ii) For A330 and A340 airplanes: Airbus Alert Operators 
Transmission--AOT A24L007-20, Rev 00, dated September 23, 2020.
    (iii) For A380 airplanes: Airbus Alert Operators Transmission--
AOT A24R009-20, Rev 00, 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

[[Page 62901]]

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): Airplanes on which a battery is 
replaced with a serviceable non-PMA Ni-Cd battery are no longer 
affected by this AD. AD 2021-20-08, Amendment 39-21746 (86 FR 57025, 
October 14, 2021), provides 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 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) 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

    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].

(m) 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 the AD specifies otherwise.
    (i) Airbus Alert Operators Transmission--AOT A24L007-20, Rev 00, 
dated September 23, 2020.
    (ii) Airbus Alert Operators Transmission--AOT A24N006-20, Rev 
01, dated October 12, 2020.
    (iii) Airbus Alert Operators Transmission--AOT A24R009-20, Rev 
00, dated September 23, 2020.
    (3) 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.
    (4) 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.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on September 29, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-24508 Filed 11-12-21; 8:45 am]
BILLING CODE 4910-13-P