Airworthiness Directives; Airbus SAS Airplanes, 46319-46322 [2024-11587]

Download as PDF Federal Register / Vol. 89, No. 104 / Wednesday, May 29, 2024 / Rules and Regulations Editorial, Reapproval, Revision, or Withdrawal ASTM policy is that a consensus standard should be reviewed in its entirety by the responsible subcommittee and must be balloted for reapproval, revision, or withdrawal, within five years of its last approval date. When an ASTM standard is reapproved, that reapproval is denoted by the year in parentheses (e.g., F2427– 05a (2013)). This date indicates the completion of a review cycle with no technical changes made to the standard. In addition, ASTM issues editorial changes denoted by a superscript epsilon in the standard designation (e.g., F3235–17ε1). This epsilon indicates information was corrected, and it did not change the meaning or intent of a standard. Since reapprovals and editorial changes do not change the technical content of standards, then any standard FAA-accepted by this NOA that is later reapproved or editorially changed by ASTM, is also considered FAA-accepted and without the need for an updated NOA. ASTM revises a standard to make changes to its technical content. Revisions are identified by a hyphen after the document number, which is followed by the last two numbers of the year of acceptance or of last revision. If the standard is revised again during the same year, this is indicated by adding an ‘‘a’’ for the second revision, ‘‘b’’ for the third revision, etc. Since revisions change the technical content, revisions to consensus standards serving as the basis for an MOC accepted by this NOA will not be automatically accepted and will require further FAA acceptance for the revisions to be an accepted MOC. lotter on DSK11XQN23PROD with RULES1 Availability ASTM F3264–23, ‘‘Standard Specification for Normal Category Aeroplanes Certification,’’ is available online at https://www.astm.org/ READINGLIBRARY/. ASTM copyrights these consensus standards and charges the public a fee for service. Individual downloads or reprints of a standard (single or multiple copies, or special compilations, and other related technical information) may be obtained online or by contacting ASTM by telephone: (610) 832–9585; facsimile: (610) 832–9555; or through email: service@astm.org. To inquire about consensus standard content and/or membership or about ASTM Offices abroad, contact Joe Koury, Staff Manager for Committee F44 on General Aviation Aircraft by telephone: (610) 832–9804 or through email: jkoury@astm.org. VerDate Sep<11>2014 15:42 May 28, 2024 Jkt 262001 Issued in Kansas City, Missouri, on May 21, 2024. Patrick Mullen, Manager, Technical Policy Branch, Policy and Standards Division, Aircraft Certification Service. [FR Doc. 2024–11596 Filed 5–28–24; 8:45 am] BILLING CODE 4910–13–P 46319 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 dan.rodina@faa.gov. SUPPLEMENTARY INFORMATION: Background The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR Federal Aviation Administration part 39 to supersede AD 2021–21–02, Amendment 39–21762 (86 FR 62898, 14 CFR Part 39 November 15, 2021) (AD 2021–21–02). AD 2021–21–02 applied to certain [Docket No. FAA–2024–0221; Project Identifier AD–2023–01233–T; Amendment Airbus SAS Model A318, A319, A320, 39–22762; AD 2024–11–01] A321, A330–200, A330–200 Freighter, A330–300, A330–800, A330–900, A340– RIN 2120–AA64 200, A340–300, A340–500, A340–600, and A380–800 series airplanes. The Airworthiness Directives; Airbus SAS NPRM published in the Federal Airplanes Register on February 9, 2024 (89 FR AGENCY: Federal Aviation 9074). The NPRM was prompted by a Administration (FAA), DOT. determination that the on-wing ACTION: Final rule. preservation procedures originally provided in that AD did not ensure the SUMMARY: The FAA is superseding expected preservation of the battery Airworthiness Directive (AD) 2021–21– capacity. In the NPRM, the FAA 02, which applied to certain Airbus SAS proposed to add Model A300 series Model A318, A319, A320, A321, A330– airplanes; Model A300 B4–600, B4– 200, A330–200 Freighter, A330–300, 600R, and F4–600R series airplanes, and A330–800, A330–900, A340–200, A340– Model A300 C4–605R Variant F 300, A340–500, A340–600, and A380– airplanes (collectively called Model 800 series airplanes. AD 2021–21–02 A300–600 series airplanes); Model A310 required replacing certain parts series airplanes; and Model A350–941 manufacturer approval (PMA) Ni-Cd and –1041 airplanes to the applicability. batteries with serviceable Ni-Cd The FAA proposed that the superseding batteries or maintaining the electrical AD would retain none of the storage capacity of those PMA Ni-Cd requirements of AD 2021–21–02. The batteries during airplane storage or FAA proposed to require replacing each parking. This AD was prompted by a affected part with a serviceable part determination that the on-wing before release to service of an airplane preservation procedures originally after a storage or parking period, as provided in that AD did not ensure the applicable. The FAA is issuing this AD expected preservation of the battery to address reduced battery endurance capacity. This AD adds airplanes to the performance, which could possibly applicability and requires replacing result in failure to supply the minimum each affected part with a serviceable essential electrical power during part before release to service of an abnormal or emergency conditions. airplane after a storage or parking Discussion of Final Airworthiness period, as applicable. The FAA is Directive issuing this AD to address the unsafe condition on these products. Comments DATES: This AD is effective July 3, 2024. The FAA received comments from Air ADDRESSES: Line Pilots Association, International AD Docket: You may examine the AD (ALPA), who supported the SNPRM/ docket at regulations.gov under Docket NPRM without change. No. FAA–2024–0221; or in person at The FAA received additional Docket Operations between 9 a.m. and comments from American Airlines (AA) 5 p.m., Monday through Friday, except and United Airlines (UAL). The Federal holidays. The AD docket following presents the comments contains this final rule, any comments received on the NPRM and the FAA’s received, and other information. The response to each comment. address for Docket Operations is U.S. Request for Clarification of Terms Department of Transportation, Docket AAL requested clarification of Operations, M–30, West Building ‘‘parking and storage’’ as intended by Ground Floor, Room W12–140, 1200 DEPARTMENT OF TRANSPORTATION PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\29MYR1.SGM 29MYR1 46320 Federal Register / Vol. 89, No. 104 / Wednesday, May 29, 2024 / Rules and Regulations 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: lotter on DSK11XQN23PROD with RULES1 ESTIMATED COSTS FOR REQUIRED ACTIONS Action Labor cost Replacements ....................................................... 5 work-hours × $85 per 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 VerDate Sep<11>2014 15:42 May 28, 2024 Jkt 262001 Parts cost Cost per product $0 Cost on U.S. operators $425 $770,950 develop on products identified in this rulemaking action. under the criteria of the Regulatory Flexibility Act. Regulatory Findings List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. 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 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 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: E:\FR\FM\29MYR1.SGM 29MYR1 Federal Register / Vol. 89, No. 104 / Wednesday, May 29, 2024 / Rules and Regulations a. Removing Airworthiness Directive (AD) 2021–21–02, Amendment 39– 21762 (86 FR 62898, November 15, 2021); and ■ 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). 46321 (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 Airplane Model Battery Part Number A318, A319, A320, and A321 A330 and A340 2758 or 416526 (equivalent to 285CH) 4059, 405CH, or 505CH A350 505CH2 12 A380 505CH2 12 A300, A300-600, A310, and A300F4-608ST 2520 6 (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 VerDate Sep<11>2014 15:42 May 28, 2024 Jkt 262001 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 NiCd 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 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 (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 NiCd 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 E:\FR\FM\29MYR1.SGM 29MYR1 ER29MY24.015</GPH> lotter on DSK11XQN23PROD with RULES1 (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. Time Limits (months) 6 6 46322 Federal Register / Vol. 89, No. 104 / Wednesday, May 29, 2024 / Rules and Regulations 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: 9-AVS-AIR730-AMOC@faa.gov. 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 dan.rodina@faa.gov. (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 DELAWARE RIVER BASIN COMMISSION 18 CFR Parts 401 and 420 Regulatory Program Fees and Water Charges Rates Delaware River Basin Commission. ACTION: Final rule. AGENCY: Notice is provided of the Commission’s regulatory program fees and schedule of water charges for the fiscal year beginning July 1, 2024. DATES: This final rule is effective July 1, 2024. FOR FURTHER INFORMATION CONTACT: Elba L. Deck, CPA, Director of Finance and Administration, (609) 477–7201. SUPPLEMENTARY INFORMATION: The Delaware River Basin Commission (‘‘DRBC’’ or ‘‘Commission’’) is a Federal-interstate compact agency charged with managing the water resources of the Delaware River Basin on a regional basis without regard to political boundaries. Its members are the governors of the four basin states— Delaware, New Jersey, New York and Pennsylvania—and on behalf of the Federal Government, the North Atlantic Division Commander of the U.S. Army Corps of Engineers. In accordance with 18 CFR 401.43(c), on July 1 of every year, the Commission’s regulatory program fees as set forth in tables 1, 2 and 3 of that section are subject to an annual adjustment, commensurate with any increase in the annual April 12-month Consumer Price Index (CPI) for Philadelphia published by the U.S. Bureau of Labor Statistics during that year. Pursuant to 18 CFR 420.41(c), the same indexed adjustment applies to the Commission’s schedule of water charges for consumptive and non-consumptive withdrawals of surface water within the basin. The referenced April 12-month SUMMARY: CPI for 2024 showed an increase of 4.08%. Commensurate adjustments are thus required. This document is made in accordance with 18 CFR 401.43(c) and 420.41(c), which provide that a revised fee schedule will be published in the Federal Register by July 1. The revised fees also may be obtained by contacting the Commission during business hours or by checking the Commission’s website, www.drbc.gov. List of Subjects 18 CFR Part 401 Administrative practice and procedure, Project review, Water pollution control, Water resources. 18 CFR Part 420 Water supply. For the reasons set forth in the preamble, the Delaware River Basin Commission amends 18 CFR part 401 and 420 as set forth below: PART 401—RULES OF PRACTICE AND PROCEDURE 1. The authority citation for part 401 continues to read as follows: ■ Authority: Delaware River Basin Compact (75 Stat. 688), unless otherwise noted. 2. In § 401.43, revise tables 1, 2 and 3 to read as follows: ■ § 401.43 * * Regulatory program fees. * * * TABLE 1 TO § 401.43—DOCKET APPLICATION FILING FEE Project type Docket application fee Water Allocation ......... $511 per million gallons/month of allocation,1 not to exceed $19,171.1 Fee is doubled for any portion to be exported from the basin. Private projects: $1,278; 1 Public projects: $639 1 ..................................... 0.4% of project cost up to $10,000,000 plus 0.12% of project cost above $10,000,000 (if applicable), not to exceed $95,854 1. Wastewater Discharge Other ........................... 1 Subject Fee maximum Greater of: $19,171 1 or Alternative Review Fee. Alternative Review Fee. Greater of: $95,854 1 or Alternative Review Fee. to annual adjustment in accordance with paragraph (c) of this section. TABLE 2 TO § 401.43—ANNUAL MONITORING AND COORDINATION FEE Annual fee Allocation 1 $383 Water Allocation ................................................................. 1 575 1 831 1 1,054 1 1,278 <4.99 mgm. 5.00 to 49.99 mgm. 50.00 to 499.99 mgm. 500.00 to 9,999.99 mgm. > or = to 10,000 mgm. lotter on DSK11XQN23PROD with RULES1 Annual fee Discharge design capacity 1 $383 Wastewater Discharge 1 780 1 1,048 1 1,278 1 Subject <0.05 mgd. 0.05 to 1 mgd. 1 to 10 mgd. >10 mgd. to annual adjustment in accordance with paragraph (c) of this section. VerDate Sep<11>2014 15:42 May 28, 2024 Jkt 262001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\29MYR1.SGM 29MYR1

Agencies

[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.

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

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
----------------------------------------------------------------------------------------------------------------
                                                                                        Cost per   Cost on U.S.
                  Action                             Labor cost            Parts cost   product      operators
----------------------------------------------------------------------------------------------------------------
Replacements..............................  5 work-hours x $85 per hour            $0       $425        $770,950
                                             = $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

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
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