[Federal Register Volume 86, Number 93 (Monday, May 17, 2021)]
[Proposed Rules]
[Pages 26682-26685]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10230]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 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. 93 / Monday, May 17, 2021 / Proposed 
Rules  

[[Page 26682]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0368; Project Identifier MCAI-2021-00204-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 all Airbus SAS Model A318, A319, A320, and A321 series airplanes. 
This proposed AD was prompted by reports of low halon concentration in 
the forward and aft cargo compartments due to air leakage through cargo 
door seals, and the certification of improved cargo door seals. This 
proposed AD would require replacing the forward, aft, and bulk cargo 
compartment door seals with new seals; and installing a placard on the 
forward, aft, and cargo compartment doors; and for certain airplanes, 
implementing an operational limitation for certain routes, as specified 
in a European Union Aviation Safety Agency (EASA) AD, which is proposed 
for incorporation by reference. 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 July 1, 
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: 202-493-2251.
     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 material that will be incorporated by reference (IBR) in this 
AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; 
telephone +49 221 8999 000; email [email protected]; internet 
www.easa.europa.eu. You may find this IBR material on the EASA website 
at https://ad.easa.europa.eu. You may view this IBR 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. It is also available in 
the AD docket on the internet at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0368.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0368; 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: Sanjay Ralhan, Aerospace Engineer, 
Large Aircraft Section, International Validation Branch, FAA, 2200 
South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3223; 
email [email protected].

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-2021-0368; Project Identifier 
MCAI-2021-00204-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 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 
Sanjay Ralhan, Aerospace Engineer, Large Aircraft Section, 
International Validation Branch, FAA, 2200 South 216th St., Des Moines, 
WA 98198; telephone and fax 206-231-3223; email [email protected]. 
Any commentary that the FAA receives which is not specifically 
designated as CBI will be placed in the public docket for this 
rulemaking.

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2021-0049, dated February 18, 2021 
(EASA AD 2021-0049) (also referred to as the Mandatory Continuing 
Airworthiness Information, or the MCAI), to correct an unsafe condition 
for all Airbus SAS Model A318-111, -112, -121, and -122; A319-111, -
112, -113, -114, -115, -131, -132, -133, -151N, -153N, and -171N; A320-
211, -212, -214, -215, -216, -231, -232, -233, -251N, -252N, -253N, -
271N, -272N, and -273N; and A321-111, -112, -131, -211, -212, -213, -
231, -232, -251N, -252N,

[[Page 26683]]

-253N, -271N, -272N, -251NX, -252NX, -253NX, -271NX, and -272NX 
airplanes. Model A320-215 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.
    This proposed AD was prompted by reports of low halon concentration 
in the forward and aft cargo compartments due to air leakage through 
cargo door seals, and the certification of improved cargo door seals. 
The FAA is proposing this AD to address low halon concentration, which 
could affect the fire extinguishing system efficiency in the cargo 
compartments and possibly result in failure of the system to contain a 
cargo compartment fire. See the MCAI for additional background 
information.

Relationship Between This Proposed AD and AD 2020-16-01

    This NPRM would not supersede AD 2020-16-01, Amendment 39-21185 (85 
FR 47013, August 4, 2020) (AD 2020-16-01). Rather, the FAA has 
determined that a stand-alone AD would be more appropriate to address 
the changes in the MCAI. This NPRM would require replacing the forward, 
aft, and bulk cargo compartment door seals with new seals; and 
installing a placard on the forward, aft, and bulk cargo compartment 
doors; and for certain airplanes, implementing an operational 
limitation for certain routes. Accomplishment of the proposed actions 
would then terminate all requirements of AD 2020-16-01 for forward and 
aft cargo door seals having part number (p/n) D5237106020000, 
D5237106020200, D5237106020400, D5237300120000, or D5237300120200; and 
bulk cargo door seals having p/n D5237200220000 or D5237200220200 only. 
AD 2020-16-01 also addresses paragraphs (1) and (2) of EASA AD 2021-
0049, and forward and aft cargo door seals p/n D5237106020400S, 
approved under parts manufacturer approval (PMA) PQ1715CE. This AD does 
not address p/n D5237106020400S, approved under PMA PQ1715CE. The FAA 
is considering additional rulemaking to require replacement of p/n 
D5237106020400S, approved under PMA PQ1715CE.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0049 describes procedures for replacing the forward, 
aft, and bulk cargo compartment door seals with new seals; and 
installing a placard on the forward, aft, and bulk cargo compartment 
door. For certain airplanes, EASA AD 2021-0049 describes procedures for 
implementing an operational limitation prohibiting flying the airplane 
over a route having a diversion time of more than 60 minutes. 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 and Requirements of This Proposed AD

    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 
referenced above. The FAA is proposing this AD because the FAA 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2021-0049 described previously, as incorporated by 
reference, except for any differences identified as exceptions in the 
regulatory text of this AD.
    EASA AD 2021-0049 specifies amending the Aircraft Flight Manual 
(AFM) and ``operating that aeroplane accordingly.'' However this AD 
would not include a requirement for ``operating that aeroplane 
accordingly'' as that action is already required by existing FAA 
operating regulations. FAA regulations require pilots to follow the 
procedures in the existing AFM including all updates. 14 CFR 91.9 
requires that any person operating a civil aircraft must comply with 
the operating limitations specified in the AFM. Therefore, including a 
requirement in this AD to operate the airplane according to the revised 
AFM would be redundant and unnecessary. Further, compliance with such a 
requirement in an AD would be impracticable to demonstrate or track on 
an ongoing basis; therefore, a requirement to operate the airplane in 
such a manner would be unenforceable.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA initially worked with Airbus and EASA to develop a 
process to use certain EASA ADs as the primary source of information 
for compliance with requirements for corresponding FAA ADs. The FAA has 
since coordinated with other manufacturers and civil aviation 
authorities (CAAs) to use this process. As a result, EASA AD 2021-0049 
will be incorporated by reference in the FAA final rule. This proposed 
AD would, therefore, require compliance with EASA AD 2021-0049 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 the EASA AD 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 the EASA AD. Service information specified 
in EASA AD 2021-0049 that is required for compliance with EASA AD 2021-
0049 will be available on the internet at https://www.regulations.gov 
by searching for and locating Docket No. FAA-2021-0368 after the FAA 
final rule is published.

Costs of Compliance

    The FAA estimates that this proposed AD affects 1,728 airplanes of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
            Labor cost                    Parts cost          Cost per product        Cost on U.S.  operators
----------------------------------------------------------------------------------------------------------------
Up to 11 work[dash]hours x $85 per  Up to $6,760.........  Up to $7,695.........  Up to $13,296,960.
 hour = Up to $935.
----------------------------------------------------------------------------------------------------------------


[[Page 26684]]

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-2021-0368; Project Identifier MCAI-2021-
00204-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by July 1, 2021.

(b) Affected ADs

    This AD affects AD 2020-16-01, Amendment 39-21185 (85 FR 47013, 
August 4, 2020) (AD 2020-16-01).

(c) Applicability

    This AD applies to all Airbus SAS airplanes specified in 
paragraphs (c)(1) through (4) of this AD, certificated in any 
category.
    (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, -216, -231, -232, -233, -251N, -
252N, -253N, -271N, -272N, and -273N airplanes.
    (4) Model A321-111, -112, -131, -211, -212, -213, -231, -232, -
251N, -252N, -253N, -271N, -272N, -251NX, -252NX, -253NX, -271NX, 
and -272NX airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 26, Fire 
protection; 52, Doors.

(e) Reason

    This AD was prompted by reports of low halon concentration in 
the forward and aft cargo compartments due to air leakage through 
cargo door seals, and the certification of improved cargo door 
seals. The FAA is issuing this AD to address low halon 
concentration, which could affect the fire extinguishing system 
efficiency in the cargo compartments and possibly result in failure 
of the system to contain a cargo compartment fire.

(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 
2021-0049, dated February 18, 2021 (EASA AD 2021-0049).

(h) Exceptions to EASA AD 2021-0049

    (1) Where EASA AD 2021-0049 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The requirements specified in paragraphs (1) and (2) of EASA 
AD 2021-0049 do not apply to this AD; FAA AD 2020-16-01 addresses 
those requirements.
    (3) Where paragraph (4) of EASA AD 2021-0049 specifies amending 
the Aircraft Flight Manual (AFM) and ``operating that aeroplane 
accordingly,'' this AD does not include a requirement for 
``operating that aeroplane accordingly'' as that action is already 
required by existing FAA operating regulations.
    (4) Paragraph (4) of EASA AD 2021-0049 specifies amending ``the 
Aircraft Flight Manual (AFM) of the aeroplane by inserting a copy of 
this AD,'' however, this AD requires amending ``the existing AFM and 
applicable corresponding operational procedures.''
    (5) The ``Remarks'' section of EASA AD EASA AD 2021-0049 does 
not apply to this AD.
    (6) The provisions specified in paragraphs (5) and (6) of EASA 
AD 2021-0049 do not apply to this AD.

(i) Terminating Action for AD 2020-16-01

    Accomplishing the actions required by this AD for the affected 
parts defined in EASA AD 2021-0049 terminates all requirements of AD 
2020-16-01 for forward and aft cargo door seals having part number 
(p/n) D5237106020000, D5237106020200, D5237106020400, 
D5237300120000, or D5237300120200; and bulk cargo door seals having 
p/n D5237200220000 or D5237200220200 only.

(j) 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 (k)(2) of 
this AD. Information may be emailed to: [email protected]. 
Before using any approved AMOC, notify your appropriate principal 
inspector, or lacking a principal inspector, the manager of the 
responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain instructions from a manufacturer, the instructions must be 
accomplished using a method approved by the Manager, Large Aircraft 
Section, International Validation Branch, FAA; or 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): For any service information 
referenced in EASA AD 2021-0049 that contains RC procedures and 
tests: Except as required by paragraph (j)(2) of this AD, RC 
procedures and tests must be done to comply with this AD; any 
procedures or tests that are not identified as RC are recommended. 
Those procedures and tests that are 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 procedures and tests identified as 
RC can be

[[Page 26685]]

done and the airplane can be put back in an airworthy condition. Any 
substitutions or changes to procedures or tests identified as RC 
require approval of an AMOC.

(k) Related Information

    (1) For information about EASA AD 2021-0049, contact EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
8999 000; email [email protected]; Internet www.easa.europa.eu. You 
may find this EASA AD on the EASA website at https://ad.easa.europa.eu.at 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. This material may be 
found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2021-0368.
    (2) For more information about this AD, contact Sanjay Ralhan, 
Aerospace Engineer, Large Aircraft Section, International Validation 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 
and fax 206-231-3223; email [email protected].

    Issued on May 11, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-10230 Filed 5-14-21; 8:45 am]
BILLING CODE 4910-13-P