[Federal Register Volume 89, Number 14 (Monday, January 22, 2024)]
[Proposed Rules]
[Pages 3897-3900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00995]


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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]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2021-20-08, which applies 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 requires replacing certain parts manufacturer approval (PMA) 
nickel-cadmium (Ni-Cd) batteries with serviceable Ni-Cd batteries. 
Since the FAA issued AD 2021-20-08, it was determined that the on-wing 
preservation procedures originally provided in the service information 
did not ensure the expected preservation of the battery capacity. This 
proposed AD would add airplanes to the applicability and 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 a European Union Aviation Safety Agency (EASA) 
AD, which is proposed for incorporation by reference (IBR). The FAA is 
proposing this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by March 7, 
2024.

[[Page 3898]]


ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to regulations.gov. Follow 
the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
    <bullet> Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    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 NPRM, the mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
    <bullet> For the EASA AD identified in this NPRM, contact EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 
000; email <a href="/cdn-cgi/l/email-protection#abeacfd8ebcecad8ca85ceded9c4dbca85cede"><span class="__cf_email__" data-cfemail="0f4e6b7c4f6a6e7c6e216a7a7d607f6e216a7a">[email protected]</span></a>; website easa.europa.eu. You may find 
this material on the EASA website at ad.easa.europa.eu. It is also 
available at regulations.gov under Docket No. FAA-2024-0029.
    <bullet> 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.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aviation Safety Engineer, 
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 206-
231-3225; email <a href="/cdn-cgi/l/email-protection#84e0e5eaaaf6ebe0edeae5c4e2e5e5aae3ebf2"><span class="__cf_email__" data-cfemail="ea8e8b84c498858e83848baa8c8b8bc48d859c">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2024-0029; Project Identifier 
MCAI-2023-01182-T'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each substantive verbal 
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this NPRM contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this NPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this NPRM. Submissions containing CBI should be sent to Dan 
Rodina, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 206-231-3225; email <a href="/cdn-cgi/l/email-protection#3054515e1e425f54595e51705651511e575f46"><span class="__cf_email__" data-cfemail="8ce8ede2a2fee3e8e5e2edcceaededa2ebe3fa">[email protected]</span></a>. 
Any commentary that the FAA receives which is not specifically 
designated as CBI will be placed in the public docket for this 
rulemaking.

Background

    The FAA issued AD 2021-20-08, Amendment 39-21746 (86 FR 57025, 
October 14, 2021) (AD 2021-20-08), for all 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 was prompted by an MCAI originated by EASA, which is the 
Technical Agent for the Member States of the European Union. EASA 
issued AD 2020-0274, dated December 10, 2020, to correct an unsafe 
condition.
    AD 2021-20-08 requires replacing certain PMA nickel-cadmium (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 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.

Actions Since AD 2021-20-08 Was Issued

    Since the FAA issued AD 2021-20-08, EASA superseded EASA AD 2020-
0274, dated 10 December 2020, and issued EASA AD 2023-0196, dated 
November 10, 2023 (EASA AD 2023-0196) (also referred to as the MCAI), 
to correct an unsafe condition for all:
    <bullet> Airbus SAS Model A300 B4-2C, B4-102, B4-103, B4-120, B4-
203, B4-220;
    <bullet> Airbus SAS Model A300 B4-601, B4-603, B4-620, and B4-622 
airplanes;
    <bullet> Airbus SAS Model A300 B4-605R and B4-622R airplanes;
    <bullet> Airbus SAS Model A300 C4-203, C4-620, and C4-605R variant 
F airplanes;
    <bullet> Airbus SAS Model A300 F4-203, F4-605R, F4-608ST, and F4-
622R airplanes;
    <bullet> Airbus SAS Model A310-203, -221, -222, -204, -203C, -322, 
-304, -324, -308, and -325 airplanes;
    <bullet> Airbus SAS Model A318-111, -112, -121, and -122 airplanes;
    <bullet> Airbus SAS Model A319-111, -112, -113, -114, -115, -131, -
132, -133, -151N, -153N, and -171N airplanes;
    <bullet> Airbus SAS Model A320-211, -212, -214, -215, -216, -231, -
232, -233, -251N, -252N, -253N, -271N, -272N, and -273N airplanes;
    <bullet> Airbus SAS Model A321-111, -112, -131, -211, -212, -213, -
231, -232, -251N, -251NX, -252N, -252NX, -253N, -253NX, -271N, -271NX, 
-272N, and -272NX airplanes;
    <bullet> Airbus SAS Model A330-201, -202, -203, -223, -223F, -243, 
-243F, -301, -302, -303, -321, -322, -323, -341, -342, -343, -743L, -
841, and -941 airplanes;
    <bullet> Airbus SAS Model A340-211, -212, -213, -311, -312, -313, -
541, -542, -642, and -643 airplanes;
    <bullet> Airbus SAS Model A350-941 and A350-1041 airplanes; and
    <bullet> Airbus SAS Model A380-841, -842, and -861 airplanes.
    Model A300 B4-102, A300 B4-120, A300 B4-220, A300 C4-203, A300 C4-
620, A300 F4-203, A300 F4-608ST, A310-203C, A310-308, A320-215, A330-
743L, A340-542, and A340-643 airplanes are not certificated by the FAA 
and are not included on the U.S. type certificate data sheet; this AD 
therefore does not include those airplanes in the applicability. The 
MCAI states that it was determined that the on-wing preservation 
procedures originally provided for these airplanes did not

[[Page 3899]]

ensure the expected preservation of the battery capacity.
    The FAA is proposing this AD to address the potential for reduced 
battery capacity. This condition, if not addressed, could lead to 
reduced battery endurance performance, possibly resulting 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.

Related Service Information Under 1 CFR Part 51

    EASA AD 2023-0196 specifies procedures for replacing certain PMA 
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.

FAA's Determination

    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 is issuing this NPRM after determining that 
the unsafe condition described previously is likely to exist or develop 
in other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2023-0196 described previously, except for any differences 
identified as exceptions in the regulatory text of this proposed AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA developed a process to use some civil aviation 
authority (CAA) ADs as the primary source of information for compliance 
with requirements for corresponding FAA ADs. The FAA has been 
coordinating this process with manufacturers and CAAs. As a result, the 
FAA proposes to incorporate EASA AD 2023-0196 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2023-0196 in its entirety through that incorporation, except 
for any differences identified as exceptions in the regulatory text of 
this proposed AD. Using common terms that are the same as the heading 
of a particular section in EASA AD 2023-0196 does not mean that 
operators need comply only with that section. For example, where the AD 
requirement refers to ``all required actions and compliance times,'' 
compliance with this AD requirement is not limited to the section 
titled ``Required Action(s) and Compliance Time(s)'' in EASA AD 2023-
0196. Service information required by EASA AD 2023-0196 for compliance 
will be available at regulations.gov under Docket No. FAA-2024-0029 
after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 1,814 airplanes of U.S. registry. The FAA estimates the 
following costs to comply with this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
New proposed actions................  5 work-hours x $85 per               $0             $425         $770,950
                                       hour = $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

    The FAA determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would 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 Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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:


[[Page 3900]]


Airbus SAS: Docket No. FAA-2024-0029; Project Identifier MCAI-2023-
01182-T.

 (a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by March 7, 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.

(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 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) 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.

(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: <a href="/cdn-cgi/l/email-protection#2e17036f787d036f677c03191d1e036f63616d6e484f4f00494158"><span class="__cf_email__" data-cfemail="85bca8c4d3d6a8c4ccd7a8b2b6b5a8c4c8cac6c5e3e4e4abe2eaf3">[email protected]</span></a>. 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 <a href="/cdn-cgi/l/email-protection#e387828dcd918c878a8d82a3858282cd848c95"><span class="__cf_email__" data-cfemail="2246434c0c504d464b4c43624443430c454d54">[email protected]</span></a>.

(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 
<a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="18595c6b587d796b79367d6d6a776879367d6d">[email protected]</a>; 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 <a href="/cdn-cgi/l/email-protection#fe988cd097908d8e9b9d8a979190be909f8c9fd0999188"><span class="__cf_email__" data-cfemail="5e382c7037302d2e3b3d2a3731301e303f2c3f70393128">[email protected]</span></a>.

    Issued on January 12, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-00995 Filed 1-19-24; 8:45 am]
BILLING CODE 4910-13-P


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