[Federal Register Volume 86, Number 176 (Wednesday, September 15, 2021)]
[Rules and Regulations]
[Pages 51265-51268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19816]



 ========================================================================
 Rules and Regulations
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
 under 50 titles pursuant to 44 U.S.C. 1510.
 
 The Code of Federal Regulations is sold by the Superintendent of Documents. 
 
 ========================================================================
 

  Federal Register / Vol. 86, No. 176 / Wednesday, September 15, 2021 / 
Rules and Regulations  

[[Page 51265]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0368; Project Identifier MCAI-2021-00204-T; 
Amendment 39-21705; AD 2021-18-04]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Airbus SAS Model A318, A319, A320, and A321 series airplanes. 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. This AD requires 
repetitive cleaning and greasing of affected cargo door seals; 
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 incorporated by 
reference. The FAA is issuing this AD to address the unsafe condition 
on these products.

DATES: This AD is effective October 20, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of October 20, 
2021.

ADDRESSES: For material 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 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: 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:

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, -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.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to all Airbus SAS Model 
A318, A319, A320, and A321 series airplanes. The NPRM published in the 
Federal Register on May 17, 2021 (86 FR 26682). The NPRM 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 NPRM proposed to 
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 EASA AD 
2021-0049. The NPRM specified that accomplishing the proposed AD would 
terminate all requirements (i.e., repetitive cleaning and greasing of 
affected cargo door seals) of AD 2020-16-01, Amendment 39-21185 (85 FR 
47013, August 4, 2020) (AD 2020-16-01) for the affected original 
equipment manufacturer (OEM) parts only (i.e., 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).
    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. See the MCAI for additional 
background information.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The following presents the comments 
received on the NPRM and the FAA's response to each comment.

Request To Change NPRM to a Supersedure of AD 2020-16-01

    Delta Air Lines (Delta) requested that the FAA change the NPRM from 
a new AD to a supersedure of AD 2020-16-01. Delta stated that a 
supersedure adds flexibility for operators and makes compliance to the 
rule simpler and

[[Page 51266]]

cleaner for operators. Delta provided the following justification.
     Delta noted paragraph (h)(2) of the proposed AD states 
that paragraphs (1) and (2) of EASA AD 2021-0049 do not apply and 
attributed the exception to AD 2020-16-01 not being superseded. Delta 
further stated that not having paragraph (2) of EASA AD 2021-0049 
within the requirements of the proposed AD is restrictive to operators 
because that paragraph allows using the aircraft maintenance manual 
(AMM) as an alternative to the cleaning and greasing requirements in 
paragraph (1) of EASA AD 2021-0049 (which corresponds to FAA AD 2020-
16-01). Delta noted that paragraph (1) of EASA AD 2021-0049 also 
includes a clarification to the requirements.
     Delta also stated paragraph (h)(6) of the proposed AD 
specifies that paragraphs (5) and (6) of EASA AD 2021-0049 do not apply 
and reasoned it is because they are related to the cleaning and 
greasing actions in paragraph (1) of EASA AD 2021-0049, which are not 
included in the proposed AD. Delta suggested that if the NPRM was 
changed to supersede AD 2020-16-01, then the exceptions in paragraphs 
(h)(2) and (h)(6) of the proposed AD would not be needed. Delta 
concluded the same actions would be accomplished and credit would be 
given for previously accomplished actions.
     Delta stated that the proposed AD does not include the 
exception from paragraph (h)(3) of AD 2020-16-01 that adds forward and 
aft cargo door seals part number D5237106020400S, approved under parts 
manufacturer approval (PMA) PQ1715CE. Delta noted that if the proposed 
AD did remove the exceptions in paragraphs (h)(2) and (h)(6) of the 
proposed AD (e.g., if the NPRM did supersede AD 2020-16-01), then the 
PMA part could be included by added new exceptions.
    The FAA has determined that the OEM parts specified in AD 2020-16-
01 should be addressed in separate rulemaking and the FAA is also 
considering further rulemaking to address the corresponding PMA parts 
in a separate rulemaking action.
    The FAA does not agree to supersede AD 2020-16-01 with this AD. At 
the time the NPRM was developed, the FAA separated the rulemaking for 
OEM parts from the PMA parts since the FAA was informed of 
implementation issues with the adoption of a combined rulemaking (OEM 
parts and PMA parts) by the foreign civil aviation authorities. 
Therefore, as an interim action, the FAA has decided to issue separate 
ADs for the OEM parts and the PMA parts. The FAA is discussing how to 
address OEM and PMA parts in ADs for future rulemaking. However, in the 
interest of safety to address the unsafe condition on the OEM parts 
identified in this AD, the FAA has determined this AD cannot be 
delayed.
    The FAA does agree to retain the requirements of AD 2020-16-01 in 
this AD for the affected OEM parts identified in EASA AD 2021-0049. 
This will allow operators to comply with a single AD for those parts. 
The FAA cannot supersede AD 2020-16-01 in this AD as that would add 
requirements for the PMA part approved under PMA PQ1715CE that were not 
included in the NPRM. As discussed previously, the FAA is considering 
separate rulemaking for the PMA part approved under PMA PQ1715CE that 
replicates the provisions and requirements of this AD for those parts.
    The FAA has removed the exception specified in paragraph (h)(2) of 
the proposed AD that stated paragraphs (1) and (2) of EASA AD 2021-0049 
do not apply. Therefore, this AD now includes the cleaning and greasing 
required by AD 2020-16-01 for the affected OEM parts and now allows for 
the provision specified in paragraph (2) of EASA AD 2021-0049. The FAA 
has added an exception to paragraph (h)(2) of this AD to correlate the 
compliance time specified in paragraph (1) of EASA AD 2021-0049 with 
the compliance time in AD 2020-16-01. Paragraph (h)(2) of this AD also 
explains that operators only need to show compliance with the cleaning 
and greasing done on or after the effective date of this AD for the 
actions required by paragraph (1) of EASA AD 2021-0049 for any of the 
affected OEM parts; operators will no longer need to show compliance 
with the requirements of AD 2020-16-01 for affected OEM parts.
    The FAA has also removed the exception specified in paragraph 
(h)(6) of the proposed AD that stated paragraphs (5) and (6) of EASA AD 
2021-0049 do not apply. Paragraph (5) of EASA AD 2021-0049 provides 
credit for paragraph (1) of EASA AD 2021-0049. Paragraph (6) of EASA AD 
2021-0049 provides terminating action for paragraph (1) of EASA AD. The 
FAA has also clarified the terminating action statement in paragraph 
(i) of this AD.

Request To Clarify Paragraph (h)(4) of the Proposed AD

    Delta asked if amending ``the existing AFM and corresponding 
operational procedures'' must be done by inserting a copy of EASA AD 
2021-0049 into all applicable documentation or must a copy of the EASA 
AD and the FAA AD be inserted. The FAA infers Delta is seeking 
clarification on this requirement.
    The FAA notes that operators do not need to insert both a copy of 
the EASA AD and the FAA AD. Inserting a copy of only EASA AD 2020-0049 
into the existing aircraft flight manual (AFM) and applicable 
corresponding operational procedures is one acceptable method to comply 
with this requirement. The FAA has revised paragraph (h)(4) of this AD 
accordingly.

Request To Clarify Paragraph (h)(3) of the Proposed AD

    Delta requested that the FAA explain the intent of the exception in 
paragraph (h)(3) of the proposed AD, which states the requirement ``to 
operate the aircraft accordingly'' specified in paragraph (4) of EASA 
AD 2021-0049 does not apply because that action is already required by 
existing FAA operating regulations. Delta asked for confirmation that 
there are no procedural changes required for U.S. operators because the 
operating requirements are already being complied with.
    The FAA notes that intent of the exception in paragraph (h)(3) of 
this AD was explained in the preamble of the NPRM in ``Proposed AD 
requirements.'' To clarify, paragraph (4) of EASA AD 2021-0049 requires 
flightcrew action to implement the AFM limitation that has been added 
to the existing AFM. 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, operators 
already must comply with the operating requirements per the FAA 
regulations and an AD requirement ``to operate the airplane 
accordingly'' is not necessary.

Conclusion

    The FAA reviewed the relevant data, considered the comments 
received, and determined that air safety and the public interest 
require adopting this final rule with the changes described previously 
and minor editorial changes. The FAA has determined that these minor 
changes:
     Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    The FAA also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this final 
rule.

[[Page 51267]]

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0049 describes procedures for repetitive cleaning and 
greasing of affected cargo door seals; 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.

Costs of Compliance

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

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
             Action                   Labor cost          Parts cost       Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD          1 work-hour x $85   $0................  $85...............  $146,880.
 2020[dash]16[dash]01.             per hour = $85.
New actions.....................  Up to 11            Up to $6,760......  Up to $7,695......  Up to $13,296,960.
                                   work[dash]hours x
                                   $85 per hour = Up
                                   to $935.
----------------------------------------------------------------------------------------------------------------

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.

Adoption of 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 adding the following new airworthiness 
directive:

2021-18-04 Airbus SAS: Amendment 39-21705; Docket No. FAA-2021-0368; 
Project Identifier MCAI-2021-00204-T.

(a) Effective Date

    This airworthiness directive (AD) is effective October 20, 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) Where paragraph (1) of EASA AD 2021-0049 refers to June 20, 
2020 (the effective date of EASA AD 2020-0133, dated June 10, 2020), 
this AD requires using August 19, 2020 (the effective date of AD 
2020-16-01). However, operators only need to show compliance with 
this AD for the cleaning and greasing actions required by paragraph 
(1) of EASA AD 2021-0049 that are accomplished on or after the 
effective date of this AD. As of the effective date of this AD, 
operators do not need to show compliance with the cleaning and 
greasing actions required by AD 2020-16-01 for any cargo door seal 
having part number (p/n) D5237106020000, D5237106020200, 
D5237106020400, D5237300120000, or D5237300120200; or

[[Page 51268]]

any bulk cargo door seals having p/n D5237200220000 or 
D5237200220200, as those actions are now required by paragraph (1) 
of EASA AD 2021-0049.
    (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,'' however, this AD 
requires amending ``the existing AFM and applicable corresponding 
operational procedures.'' Inserting a copy of EASA AD 2021-0049 into 
the existing AFM and applicable corresponding operational procedures 
is an acceptable method to comply with this requirement.
    (5) The ``Remarks'' section of EASA AD 2021-0049 does not apply 
to this AD.

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

    Accomplishing the terminating action on an airplane, as 
specified in paragraph (6) of EASA AD 2021-0049, 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) 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 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

    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].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2021-0049, 
dated February 18, 2021.
    (ii) [Reserved]
    (3) For 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.
    (4) 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.
    (5) You may view this material that is incorporated by reference 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, email 
[email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on August 19, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-19816 Filed 9-14-21; 8:45 am]
BILLING CODE 4910-13-P