[Federal Register Volume 86, Number 135 (Monday, July 19, 2021)]
[Proposed Rules]
[Pages 37936-37939]
[FR Doc No: 2021-15148]

========================================================================
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. 86, No. 135 / Monday, July 19, 2021 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0547; Project Identifier MCAI-2021-00574-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 adopt 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 proposed 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 proposed AD would 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. This proposed 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
proposing this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by September
2, 2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     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.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, 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_ADDRESS>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<PHONE_NUMBER>.

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

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<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
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-2021-0547; Project Identifier
MCAI-2021-00574-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
https://www.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, Aerospace Engineer, Large Aircraft Section, International
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>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 an NPRM, Docket Number FAA-2021-0350, which
published in the Federal Register on May 11, 2021 (86 FR 25810). The
NPRM addresses an unsafe condition for certain type design Ni-Cd
batteries on 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. The NPRM corresponds
to European Union Aviation Safety Agency (EASA) AD 2020-0274, dated
December 10, 2020 (EASA AD 2020-0274). The NPRM 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.
    PMA Ni-Cd batteries are similar in design to the type design Ni-Cd
batteries. The FAA has determined that any PMA part approved for the
type design Ni-Cd batteries identified in the May 11, 2021 NPRM are
also affected by the unsafe condition; therefore, this proposed AD
would apply to those PMA Ni-Cd batteries.
    The FAA has determined 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 proposing 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.

Related Service Information Under 1 CFR Part 51

    Airbus has issued Alert Operators Transmission (AOT) A24N006-20,
dated September 9, 2020; AOT A24L007-20, dated September 23, 2020; and
AOT A24R009-20, 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.

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 the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
and service information referenced above. The FAA is proposing this AD
because the FAA evaluated all the relevant information and determined
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 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.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect up to 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
                Labor cost                   Parts cost        product             Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
5 work-hours x $85 per hour = $425.......          $8,000          $8,425  Up to $15,282,950.
----------------------------------------------------------------------------------------------------------------

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 adding the following new airworthiness
directive:

Airbus SAS: Docket No. FAA-2021-0547; Project Identifier MCAI-2021-
00574-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by September 2, 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.

[GRAPHIC] [TIFF OMITTED] TP19JY21.000

    (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, dated September 9, 2020.
    (ii) For A330 and A340 airplanes: Airbus AOT A24L007-20, dated
September 23, 2020.
    (iii) For A380 airplanes: Airbus AOT A24R009-20, 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): For airplanes on which a battery is
replaced with a serviceable non-PMA Ni-Cd battery, the airplane is
no longer affected by this AD. Refer to Docket Number FAA-2021-0350
(86 FR 25810; May 11, 2021) [as a notice of proposed rulemaking] for
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)(1) of
this AD. Information may be emailed to<EMAIL_ADDRESS>
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

    (1) 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<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (2) 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_ADDRESS>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<PHONE_NUMBER>.

    Issued on June 29, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-15148 Filed 7-16-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: September 16, 2010 (Volume 75, Number 179)]
[Notices]
[Page 56653]
[DOCID:fr16se10-117]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Suspension of Preparation of Environmental Impact Statement for
the George Bush Intercontinental Airport, Houston, TX

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Notice suspending preparation of the Environmental Impact
Statement (EIS) for the George Bush Intercontinental Airport (IAH).

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

SUMMARY: The FAA is issuing this notice to advise federal, state, and
local government agencies and the public that the FAA has suspended
preparation of the EIS for the proposed airport improvements at IAH.
The Houston Airport System (HAS), the sponsor of the proposed project,
has advised the FAA that significant changes in the aviation industry
and at IAH warrant suspension of the on-going EIS in order to
reevaluate development needs for the airport. HAS has determined that
reevaluation of the Airport Master Plan (AMP) assumptions will provide
the most current and reliable information on which to base decisions
regarding future proposals for airport development.

FOR FURTHER INFORMATION CONTACT: DOT/FAA, Southwest Region, Mr. Paul
Blackford, ASW-650, 2601 Meacham Boulevard, Fort Worth, TX 76137, (817)
222-5607, or e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On April 9, 2009, the FAA issued a Notice of
Intent in the Federal Register (74 FR 16255-16256) to prepare an EIS
for proposed airfield improvements at IAH. The purpose of these
proposed improvements is to increase airfield capacity and to reduce
projected delays. Based on the results of the AMP, the airfield
improvements being analyzed in the EIS included the proposed
construction of additional runway(s) at IAH. Preparation of the EIS was
undertaken by the FAA in accordance with the National Environmental
Policy Act of 1969, as amended.
    The FAA received a letter from HAS dated July 30, 2010 requesting
that preparation of the EIS be delayed. Based on its letter, HAS
believes that additional planning work is necessary to ensure that the
assumptions used in the AMP remain valid. The letter points to the
impacts of the potential United-Continental merger, the economic
downturn, potential changes to aircraft fleet mix, and the need to
update the existing terminal concept as reasons justifying their
request to conduct additional planning. The FAA will issue another
Federal Register notice when it determines that preparation of the EIS
should resume.

    Issued in Fort Worth, TX on September 3, 2010.
D. Cameron Bryan,
Acting Manager, Airports Division.
[FR Doc. 2010-22869 Filed 9-15-10; 8:45 am]
BILLING CODE 4910-13-M