[Federal Register Volume 89, Number 104 (Wednesday, May 29, 2024)]
[Rules and Regulations]
[Pages 46319-46322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11587]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-0221; Project Identifier AD-2023-01233-T; 
Amendment 39-22762; AD 2024-11-01]
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) 2021-21-
02, 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-
21-02 required replacing certain parts manufacturer approval (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 was prompted by a determination 
that the on-wing preservation procedures originally provided in that AD 
did not ensure the expected preservation of the battery capacity. This 
AD adds airplanes to the applicability and requires replacing each 
affected part with a serviceable part before release to service of an 
airplane after a storage or parking period, as applicable. The FAA is 
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective July 3, 2024.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2024-0221; 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, 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 2021-21-02, Amendment 39-21762 (86 FR 
62898, November 15, 2021) (AD 2021-21-02). AD 2021-21-02 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. The NPRM published in the 
Federal Register on February 9, 2024 (89 FR 9074). The NPRM was 
prompted by a determination that the on-wing preservation procedures 
originally provided in that AD did not ensure the expected preservation 
of the battery capacity. In the NPRM, the FAA proposed to add 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. The FAA 
proposed that the superseding AD would retain none of the requirements 
of AD 2021-21-02. The FAA proposed to require replacing each affected 
part with a serviceable part before release to service of an airplane 
after a storage or parking period, as applicable. The FAA is issuing 
this AD to address reduced battery endurance performance, which could 
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 (ALPA), who supported the SNPRM/NPRM without change.
    The FAA received additional comments from American Airlines (AA) 
and United Airlines (UAL). The following presents the comments received 
on the NPRM and the FAA's response to each comment.

Request for Clarification of Terms

    AAL requested clarification of ``parking and storage'' as intended 
by

[[Page 46320]]

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 aircraft maintenance 
manual (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 paragraphs (g)(2) 
and (3) of this AD, 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 paragraph (g)(1) of this AD, the requirement to replace 
after ``parking and storage'' does apply.

Request for One AD in the Future

    UAL requested that in the future an attempt is made to include PMA 
parts during ``initial release'' as opposed to having two ADs (UAL 
stated ``no change to this AD'').
    The FAA recognizes the efficiency of a single AD, but in the 
future, may or may not issue separate ADs when PMA parts and non-PMA 
parts (i.e., original equipment manufacturer (OEM) parts) are involved, 
depending on potential implementation issues and what is in the best 
interest of safety.

Comment on Duplicative Applicability

    UAL stated that Docket FAA-2024-0029 indicated it applied to the 
PMA batteries, as does the NPRM.
    The FAA acknowledges that the NPRM that published in the Federal 
Register on January 22, 2024 (89 FR 3897), for Docket FAA-2024-0029, 
inadvertently referred to PMA batteries. However, in the final rule, AD 
2024-08-08, Amendment 39-22741 (89 FR 35695, May 2, 2024) (AD 2024-08-
08), the FAA removed references to PMA batteries. Only this AD is 
applicable to PMA batteries.

Updated Reference to Related AD

    Note 1 to paragraph (h) of the proposed AD specifies that airplanes 
on which a battery is replaced with a serviceable non-PMA Ni-Cd battery 
are affected by AD 2021-20-08, Amendment 39-21746 (86 FR 57025, October 
14, 2021), which provides requirements for non-PMA Ni-Cd batteries. 
However, the FAA has superseded AD 2021-20-08 with AD 2024-08-08. AD 
2024-08-08 adds airplanes to the applicability and requires replacement 
of certain affected parts (i.e., certain non-PMA Ni-Cd batteries) with 
serviceable parts as a precondition for return to service of airplanes 
from storage or parking, as specified in European Union Aviation Safety 
Agency (EASA) AD 2023-0196, dated November 10, 2023. You may examine 
the AD docket for AD 2024-08-08 at regulations.gov under Docket No. 
FAA-2024-0029. The FAA has added a reference to AD 2024-08-08 to Note 1 
to paragraph (h) of this AD.

Conclusion

    The FAA reviewed the relevant data, considered any 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 these products. 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.

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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Replacements..............................  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:

[[Page 46321]]

0
a. Removing Airworthiness Directive (AD) 2021-21-02, Amendment 39-21762 
(86 FR 62898, November 15, 2021); and
0
b. Adding the following new AD:

2024-11-01 Airbus SAS: Amendment 39-22762; Docket No. FAA-2024-0221; 
Project Identifier AD-2023-01233-T.

(a) Effective Date

    This airworthiness directive (AD) is effective July 3, 2024.

(b) Affected ADs

    This AD replaces AD 2021-21-02, Amendment 39-21762 (86 FR 62898, 
November 15, 2021) (AD 2021-21-02).

(c) Applicability

    This AD applies to Airbus SAS airplanes identified in paragraphs 
(c)(1) through (14) 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 having a part 
number identified in Figure 1 to the introductory text of paragraph 
(c) of this AD.
[GRAPHIC] [TIFF OMITTED] TR29MY24.015

    (1) Model A300 B4-2C, B4-102, B4-103, B4-120, B4-203, and B4-220 
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 C4-203, C4-605R variant F, and C4-620 airplanes.
    (5) Model A300 F4-203, F4-605R, F4-608ST, and F4-622R airplanes.
    (6) Model A310-203, -203C, -204, -221, -222, -304, -308, -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, -215, -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, -743L, -841, and -
941 airplanes.
    (12) Model A340-211, -212, -213, -311, -312, -313, -541, -542, -
642, and -643 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.

(e) Unsafe Condition

    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. 
The unsafe condition, if not addressed, 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, an ``affected PMA Ni-Cd 
battery'' is defined as any PMA Ni-Cd battery approved for a Ni-Cd 
battery identified in Figure 1 to the introductory text of paragraph 
(c) of this AD, all serial numbers, except those which are a 
serviceable PMA Ni-Cd battery as defined in paragraph (g)(2) of this 
AD.
    (2) For the purposes of this AD, a ``serviceable PMA Ni-Cd 
battery'' is defined as a PMA Ni-Cd battery approved for a Ni-Cd 
battery identified in Figure 1 to the introductory text of paragraph 
(c) of this AD, all serial numbers, which was fully (re)charged at 
constant current and, after (re)charging, was not stored on wing 
during a period exceeding the applicable ``Time Limit'' specified in 
Figure 1 to the introductory text of paragraph (c) of this AD. 
Periodical, regular, and overhaul checks of a PMA Ni-Cd battery that 
include the battery (re)charge at constant current are acceptable 
methods to demonstrate that the battery was (re)charged.
    (3) 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 the introductory text of paragraph 
(c) of this AD, all serial numbers, which was fully (re)charged at 
constant current and, after (re)charging, was not stored on wing 
during a period exceeding the applicable ``Time Limit'' specified in 
Figure 1 to the introductory text of paragraph (c) of this AD. 
Periodical, regular, and overhaul checks of a non-PMA Ni-Cd battery 
that include the battery (re)charge at constant current are 
acceptable methods to demonstrate that the battery was (re)charged.

(h) Replacement

    Before release to service of an airplane after a storage or 
parking period, as applicable, replace each affected PMA Ni-Cd 
battery with a serviceable PMA Ni-Cd battery or a serviceable non-
PMA Ni-Cd battery.
    Note 1 to paragraph (h): Airplanes on which a battery is 
replaced with a serviceable non-PMA Ni-Cd battery are affected by AD 
2024-08-08, Amendment 39-22741 (89 FR 35695, May 2, 2024), which 
provides requirements for non-PMA Ni-Cd batteries.

(i) Parts Installation Limitation

    As of the effective date of this AD, release to service of an 
airplane is allowed, provided all PMA Ni-Cd batteries approved for a 
Ni-Cd battery identified in Figure 1 to the introductory text of 
paragraph (c) of this AD that are installed on that airplane are 
fully (re)charged at constant current and, after (re)charging, were 
not stored on wing during a period exceeding the applicable ``Time 
Limit'' specified in Figure 1 to the introductory text of paragraph 
(c) of this AD.

(j) 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

[[Page 46322]]

appropriate. If sending information directly to the manager of the 
certification office, 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.

(k) Related 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].

(l) Material Incorporated by Reference

    None.

    Issued on May 21, 2024.
Suzanne Masterson,
Deputy Director, Integrated Certificate Management Division, Aircraft 
Certification Service.
[FR Doc. 2024-11587 Filed 5-28-24; 8:45 am]
BILLING CODE 4910-13-P