[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]

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.

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.

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

Parts Cost per Cost on U.S.

Labor cost
cost product operators
5 work-hours × $85 per hour = $8,000 $8,425 Up to $15,282,950.
$425

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

1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.

§ 39.13 [Amended]

2. The FAA amends § 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.

(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 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]

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