[Federal Register Volume 89, Number 28 (Friday, February 9, 2024)]
[Proposed Rules]
[Pages 9074-9077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02494]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / 
Proposed Rules

[[Page 9074]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-0221; Project Identifier AD-2023-01233-T]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2021-21-02, 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 
2021-21-02 requires 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. Since the FAA issued AD 2021-21-02, it was 
determined that the on-wing preservation procedures originally provided 
in that AD did not ensure the expected preservation of the battery 
capacity. This proposed AD would add airplanes to the applicability and 
would 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 proposing this AD to address the 
unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by March 25, 
2024.

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-2024-0221; 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 NPRM, any comments received, and other 
information. The street address for Docket Operations is listed above.

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#284c4946065a474c414649684e4949064f475e"><span class="__cf_email__" data-cfemail="88ece9e6a6fae7ece1e6e9c8eee9e9a6efe7fe">[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-2024-0221; Project Identifier 
AD-2023-01233-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 
the 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 proposed AD.

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#9cf8fdf2b2eef3f8f5f2fddcfafdfdb2fbf3ea"><span class="__cf_email__" data-cfemail="4024212e6e322f24292e21002621216e272f36">[email protected]</span></a>. 
Any commentary that the FAA receives that is not specifically 
designated as CBI will be placed in the public docket for this 
rulemaking.

Background

    The FAA issued AD 2021-21-02, Amendment 39-21762 (86 FR 62898, 
November 15, 2021) (AD 2021-21-02), 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. AD 2021-21-02 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. AD 2021-21-02 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. The agency issued AD 
2021-21-02 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.
    The FAA issued AD 2021-21-02 to address PMA Ni-Cd batteries that 
are similar in design to the type design Ni-Cd batteries identified in 
FAA AD 2021-20-08, Amendment 39-21746 (86 FR 57025, October 14, 2021) 
(AD 2021-20-08), which corresponds to European Union Aviation Safety 
Agency (EASA)

[[Page 9075]]

AD 2020-0274, dated December 10, 2020 (EASA AD 2020-0274).

Actions Since AD 2021-21-02 Was Issued

    Since the FAA issued AD 2021-21-02, EASA superseded EASA AD 2020-
0274, and issued EASA AD 2023-0196, dated November 10, 2023 (EASA AD 
2023-0196), to correct an unsafe condition for all:
    <bullet> Airbus SAS Model A300 B4-2C, B4-102, B4-103, B4-120, B4-
203, and B4-220 airplanes;
    <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.
    EASA AD 2023-0196 stated that Airbus and the Ni-Cd battery 
manufacturer determined that the on-wing preservation procedures 
originally provided in the service information identified in that AD 
did not ensure the expected preservation of the battery capacity.
    The FAA is considering rulemaking to supersede FAA AD 2021-20-08 
that corresponds to EASA AD 2023-0196 to address the type design Ni-Cd 
batteries identified in that EASA AD. The FAA has determined that any 
PMA part approved for the type design Ni-Cd batteries identified in 
EASA AD 2023-0196 are also affected by the unsafe condition; therefore, 
this proposed AD would apply to those PMA Ni-Cd batteries.

FAA's Determination

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

Proposed AD Requirements in This NPRM

    This proposed AD would retain none of the requirements of AD 2021-
21-02. This proposed AD would require replacing each affected part with 
a serviceable part before release to service of an airplane after a 
storage or parking period, as applicable. This proposed AD also 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.

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 has 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 that the 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) 2021-21-02, Amendment 39-21762 
(86 FR 62898, November 15, 2021), and
0
b. Adding the following new AD:


[[Page 9076]]


Airbus SAS: Docket No. FAA-2024-0221; Project Identifier AD-2023-
01233-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by March 25, 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.

Figure 1 to the Introductory Text of Paragraph (c)--Ni-Cd Battery
[GRAPHIC] [TIFF OMITTED] TP09FE24.004

    (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 
2021-20-08, Amendment 39-21746 (86 FR 57025, October 14, 2021), 
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, 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 certification office, send it to the attention of 
the person identified in paragraph (k) of this AD. Information may 
be emailed to: <a href="/cdn-cgi/l/email-protection#251c0864737608646c77081216150864686a66654344440b424a53"><span class="__cf_email__" data-cfemail="6d54402c3b3e402c243f405a5e5d402c20222e2d0b0c0c430a021b">[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.

[[Page 9077]]

(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 <a href="/cdn-cgi/l/email-protection#6400050a4a160b000d0a05240205054a030b12"><span class="__cf_email__" data-cfemail="3450555a1a465b505d5a55745255551a535b42">[email protected]</span></a>.

(l) Material Incorporated by Reference

    None.

    Issued on February 1, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-02494 Filed 2-8-24; 8:45 am]
BILLING CODE 4910-13-P


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