[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]
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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.
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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.
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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.
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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]
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