[Federal Register Volume 89, Number 86 (Thursday, May 2, 2024)]
[Rules and Regulations]
[Pages 35695-35698]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09354]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-0029; Project Identifier MCAI-2023-01182-T;
Amendment 39-22741; AD 2024-08-08]
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 superseding Airworthiness Directive (AD) 2021-20-
08, which applied 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. AD 2021-
20-08 required replacing certain nickel-cadmium (Ni-Cd) batteries with
serviceable Ni-Cd batteries. This AD 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. This AD adds airplanes to the
applicability and requires replacement of certain affected parts with
serviceable parts as a precondition for return to service of airplanes
from 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 June 6, 2024.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of June 6,
2024.
ADDRESSES:
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2024-0029; 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
[[Page 35696]]
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.
Material Incorporated by Reference:
For material incorporated by reference in this AD, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email [email protected]; website easa.europa.eu. You may
find this material on the EASA website at 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
regulations.gov under Docket No. FAA-2024-0029.
FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 206-
231-3225; email [email protected].
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2021-20-08, Amendment 39-21746 (86 FR
57025, October 14, 2021) (AD 2021-20-08). AD 2021-20-08 applied 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. AD 2021-20-08 required
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. The FAA issued AD 2021-20-08 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.
The NPRM published in the Federal Register on January 22, 2024 (89
FR 3897). The NPRM was prompted by AD 2023-0196, dated November 10,
2023 (EASA AD 2023-0196) (also referred to as the MCAI), issued by
EASA, which is the Technical Agent for the Member States of the
European Union. The MCAI states that it was determined that the on-wing
preservation procedures originally provided for these airplanes did not
ensure the expected preservation of the battery capacity.
In the NPRM, the FAA proposed to require replacement of certain
affected parts with serviceable parts as a precondition for return to
service of airplanes from storage or parking, as specified in EASA AD
2023-0196. The FAA is issuing this AD to address reduced capacity of
certain Ni-Cd batteries. The unsafe condition, if not addressed, could
lead to reduced battery endurance and possibly result in failure to
supply the minimum essential electrical power during abnormal or
emergency conditions.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2024-0029.
Discussion of Final Airworthiness Directive
Comments
The FAA received comments from the Air Line Pilots Association,
International (ALPA) and an individual. Both commenters supported the
NPRM without change.
The FAA received additional comments from American Airlines (AA),
Delta Air Lines (DAL), United Airlines (UA), and two individuals. The
following presents the comments received on the NPRM and the FAA's
response to each comment.
Request To Extend Compliance Time
DAL requested a 90-day transition period between AD 2021-20-08 and
the new proposed AD requirements. DAL stated that compliance
requirements and instructions are currently set to comply with AD 2021-
20-08, and these requirements and instructions cannot be instantly
transitioned the day the new AD becomes effective. As an example, DAL
stated revising the Airbus A350 aircraft maintenance manual (AMM) can
take 60 days due to complexity of the process. DAL explained that AD
requirements that must be complied with as of the AD effective date can
be set up and complied with if starting from zero AD mandated
instructions, but when transitioning from one set of AD mandated
instructions to a significantly different set of AD mandated
instructions, a time of transition must be allowed for in the new AD.
The FAA partially agrees. The FAA concurs the requirement to
replace affected batteries results in a new set of AD mandated
instructions, but the FAA does not concur with a 90-day transition
period (grace period). However, the FAA has determined that a 30-day
grace period is appropriate and will not adversely affect safety. The
FAA has added paragraph (h)(3) to this AD accordingly.
Request for Clarification of Terms
AAL requested clarification of ``parking and storage'' as intended
by the proposed AD. The commenter asked whether ``parking and storage''
included extended heavy maintenance checks, such as an S-check that is
abnormally extended beyond the 6-month time-limit due to inspection
findings or material sourcing issues, or extended downtime for aircraft
repair or modification such as a large repair for aircraft tug
collision damage or a large-scale interior modification.
The FAA agrees to clarify. It is the responsibility of the operator
to apply the relevant instructions provided in the AMM related to
extended heavy maintenance checks or downtime for aircraft repair or
modification. A dedicated preservation regime shall be defined in line
with the maintenance activity requirements (for example, the need to
keep batteries connected), based upon the applicable AMM parking and
storage procedures. If a battery meets the definition of a
``serviceable part'' as specified in EASA AD 2023-0196, then the
requirement to replace after ``parking and storage'' does not apply
because it is not an affected part. However, if the battery meets the
definition of an ``affected part'' as specified in EASA AD 2023-0196,
the requirement to replace after ``parking and storage'' does apply.
Request To Remove Erroneous References
DAL and UA requested removal of any reference to parts manufacturer
approval (PMA) batteries in the SUMMARY and Background of the NPRM.
Delta also requested removal of the term ``PMA'' from the ``Related
Service Information under 1 CFR part 51'' section of the NPRM. The
commenters stated that the references are incorrect because those
batteries are not referenced in the related EASA AD.
The FAA agrees. The SUMMARY and Background of the NPRM, as well as
the ``Related Service Information Under 1 CFR part 51'' paragraph,
incorrectly referred to PMA parts in describing the requirements of AD
2021-20-08 and the MCAI, which specify to replace certain Ni-Cd
batteries. The FAA has removed the incorrect references to PMA parts
from this AD.
Request To Withdraw the Proposed AD
A commenter asked what data there is to support the need for early
replacement of the affected batteries. The FAA infers that the
commenter is requesting withdrawal of the proposed AD.
[[Page 35697]]
The FAA does not agree with the inferred request to withdraw this
AD. The FAA has obtained information to indicate that mandatory action
is necessary to maintain the continued operational safety of these
airplanes. This AD has not been changed regarding this inferred
request.
Conclusion
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 this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA reviewed the relevant data, considered the
comments received, and determined that air safety requires adopting
this AD as proposed. Accordingly, the FAA is issuing this AD to address
the unsafe condition on this product. Except for minor editorial
changes, and any other changes described previously, 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
EASA AD 2023-0196 specifies procedures for procedures for replacing
certain Ni-Cd batteries with serviceable Ni-Cd batteries. EASA AD 2023-
0196 adds Model A300 series airplanes; Model A300 B4-600, B4-600R, and
F4-600R series airplanes, and Model A300 C4-605R Variant F airplanes
(collectively called Model A300-600 series airplanes); Model A310
series airplanes; and Model A350-941 and -1041 airplanes to the
applicability. 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.
Action Labor cost Parts cost product operators
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New actions........................ 5 work-hours x $85 per hour $0 $425 $770,950
= $425.
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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.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by:
0
a. Removing Airworthiness Directive (AD) 2021-20-08, Amendment 39-21746
(86 FR 57025, October 14, 2021); and
0
b. Adding the following new AD:
2024-08-08 Airbus SAS: Amendment 39-22741; Docket No. FAA-2024-0029;
Project Identifier MCAI-2023-01182-T.
(a) Effective Date
This airworthiness directive (AD) is effective June 6, 2024.
(b) Affected ADs
This AD replaces AD 2021-20-08, Amendment 39-21746 (86 FR 57025,
October 14, 2021) (AD 2021-20-08).
(c) Applicability
This AD applies to all Airbus SAS airplanes identified in
paragraphs (c)(1) through (14) of this AD, certificated in any
category.
(1) Model A300 B4-2C, B4-103, and B4-203 airplanes.
(2) Model A300 B4-601, B4-603, B4-620, and B4-622 airplanes.
(3) Model A300 B4-605R and B4-622R airplanes.
(4) Model A300 C4-605R variant F airplanes.
(5) Model A300 F4-605R and F4-622R airplanes.
(6) Model A310-203, -204, -221, -222, -304, -322, -324, and -325
airplanes.
(7) Model A318-111, -112, -121, and -122 airplanes.
(8) Model A319-111, -112, -113, -114, -115, -131, -132, -133, -
151N, -153N, and -171N airplanes.
(9) Model A320-211, -212, -214, -216, -231, -232, -233, -251N, -
252N, -253N, -271N, -272N, and -273N airplanes.
(10) Model A321-111, -112, -131, -211, -212, -213, -231, -232, -
251N, -251NX, -252N, -252NX, -253N, -253NX, -271N, -271NX, -272N,
and -272NX airplanes.
(11) Model A330-201, -202, -203, -223, -223F, -243, -243F, -301,
-302, -303, -321, -322, -323, -341, -342, -343, -841, and -941
airplanes.
(12) Model A340-211, -212, -213, -311, -312, -313, -541, and -
642 airplanes.
(13) Model A350-941 and A350-1041 airplanes.
(14) Model A380-841, -842, and -861 airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 24, Electrical
Power.
[[Page 35698]]
(e) Unsafe Condition
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. The unsafe condition, if not
addressed, could lead to reduced battery endurance 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
2023-0196, dated November 10, 2023 (EASA AD 2023-0196).
(h) Exceptions to EASA AD 2023-0196
(1) Where EASA AD 2023-0196 refers to its effective date, this
AD requires using the effective date of this AD.
(2) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0196.
(3) The compliance for the replacement specified in paragraph
(1) of EASA 2023-0196 is at the time specified in paragraph (1) of
EASA AD 2023-0196, or within 30 days after the effective date of
this AD, whichever occurs later.
(i) Additional AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
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 manager of the
International Validation Branch, mail it to the address 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, 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 (i)(2) of this AD, if any service information referenced
in EASA AD 2023-0196 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.
(j) Additional Information
For more information about this AD, contact Dan Rodina, Aviation
Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; telephone 206-231-3225; email [email protected].
(k) 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 2023-0196,
dated November 10, 2023.
(ii) [Reserved]
(3) For EASA AD 2023-0196, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; website easa.europa.eu. You may find this EASA
AD on the EASA website at ad.easa.europa.eu.
(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 material at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations, or email [email protected].
Issued on April 17, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2024-09354 Filed 5-1-24; 8:45 am]
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