[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]
BILLING CODE 4910-13-P