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Federal Register / Vol. 86, No. 176 / Wednesday, September 15, 2021 / Rules and Regulations
cleaner for operators. Delta provided the following justification.
Delta noted paragraph h2 of the proposed AD states that paragraphs 1
and 2 of EASA AD 20210049 do not apply and attributed the exception to AD 20201601 not being superseded.
Delta further stated that not having paragraph 2 of EASA AD 20210049
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 20210049 which corresponds to FAA AD 20201601. Delta noted that paragraph 1 of EASA AD 20210049
also includes a clarification to the requirements.
Delta also stated paragraph h6 of the proposed AD specifies that paragraphs 5 and 6 of EASA AD
20210049 do not apply and reasoned it is because they are related to the cleaning and greasing actions in paragraph 1 of EASA AD 20210049, which are not included in the proposed AD. Delta suggested that if the NPRM
was changed to supersede AD 202016
01, then the exceptions in paragraphs h2 and h6 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 h3 of AD 20201601 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 h2 and h6 of the proposed AD e.g., if the NPRM did supersede AD 20201601, then the PMA part could be included by added new exceptions.
The FAA has determined that the OEM parts specified in AD 20201601
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 20201601 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

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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 20201601 in this AD for the affected OEM parts identified in EASA AD 20210049. This will allow operators to comply with a single AD for those parts. The FAA cannot supersede AD 20201601 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 h2 of the proposed AD that stated paragraphs 1
and 2 of EASA AD 20210049 do not apply. Therefore, this AD now includes the cleaning and greasing required by AD 20201601 for the affected OEM
parts and now allows for the provision specified in paragraph 2 of EASA AD
20210049. The FAA has added an exception to paragraph h2 of this AD
to correlate the compliance time specified in paragraph 1 of EASA AD
20210049 with the compliance time in AD 20201601. Paragraph h2 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 20210049 for any of the affected OEM parts; operators will no longer need to show compliance with the requirements of AD 20201601 for affected OEM parts.
The FAA has also removed the exception specified in paragraph h6
of the proposed AD that stated paragraphs 5 and 6 of EASA AD
20210049 do not apply. Paragraph 5
of EASA AD 20210049 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 h4 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 20210049 into all applicable documentation or must a copy of the EASA AD and the FAA AD
be inserted. The FAA infers Delta is
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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 20200049 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 h4 of this AD accordingly.
Request To Clarify Paragraph h3 of the Proposed AD
Delta requested that the FAA explain the intent of the exception in paragraph h3 of the proposed AD, which states the requirement to operate the aircraft accordingly specified in paragraph 4
of EASA AD 20210049 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 h3 of this AD
was explained in the preamble of the NPRM in Proposed AD requirements.
To clarify, paragraph 4 of EASA AD
20210049 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.

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