Unknown. Final rule

5,611 words·~26 min read·/register/2021/09/15/2021-19816·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2021-09-15.xml --- 86 176 Wednesday, September 15, 2021 Contents Agriculture Agriculture Department See Rural Business-Cooperative Service See Rural Housing Service See Rural Utilities Service Antitrust Division Antitrust Division NOTICES Granting of Requests for Early Termination of the Waiting Period Under the Premerger Notification Rules, 51384 2021-19943 Census Bureau Census Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Data Collection Form for Reporting on Audits of States, Local Governments, Indian Tribes, Institutions of Higher Education, and Nonprofit Organizations, 51340-51341 2021-19875 Centers Disease Centers for Disease Control and Prevention NOTICES Performance Review Board Members, 51357 2021-19907 Centers Medicare Centers for Medicare & Medicaid Services PROPOSED RULES Medicare Program: Medicare Coverage of Innovative Technology and Definition of Reasonable and Necessary, 51326-51335 2021-20016 Civil Rights Civil Rights Commission NOTICES Meetings:

California Advisory Committee, 51339 2021-19889 Massachusetts Advisory Committee, 51340 2021-19886 Nevada Advisory Committee, 51339-51340 2021-19890 Commerce Commerce Department See Census Bureau See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See Office of the Under-Secretary for Economic Affairs Community Development Community Development Financial Institutions Fund NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 51445-51446 2021-19865 Meetings: Community Development Advisory Board, 51446-51447 2021-19866 Drug Drug Enforcement Administration NOTICES Importer of Controlled Substances Application: Cambridge Isotope Laboratories, 51384 2021-19944 Election Election Assistance Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 51347 2021-19871 Employee Benefits Employee Benefits Security Administration PROPOSED RULES Annual Information Return/Reports, 51488-51575 2021-19714 Annual Reporting and Disclosure, 51284-51310 2021-19713 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency PROPOSED RULES Air Quality State Implementation Plans;

Approvals and Promulgations: Commonwealth of Pennsylvania; Reasonably Available Control Technology Regulations for the 1997 and 2008 Ozone National Ambient Air Quality Standards, 51315-51318 2021-19818 Idaho; West Silver Valley Redesignation to Attainment for the 2012 Annual PM <sup>2.5</sup> Standard, 51318-51326 2021-19801 Rhode Island; 2015 Ozone NAAQS Interstate Transport Requirements, 51310-51315 2021-19836 NOTICES Application for Emergency Exemption: Ortho-Phthalaldehyde, 51353-51354 2021-19911 Meetings:

Children's Health Protection Advisory Committee, 51354-51355 2021-19833 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus SAS Airplanes, 51265-51268 2021-19816 Fokker Services B.V Airplanes, 51268-51271 2021-19817 PROPOSED RULES Airworthiness Directives: Bombardier, Inc., Airplanes, 51279-51284 2021-19814 Federal Communications Federal Communications Commission PROPOSED RULES Wireless Telecommunications Bureau Seeks Comment on the Selection Process for and Operation of the Reimbursement Clearinghouse for the 3.45 GHz Band, 51335-51337 2021-18585 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 51348-51351 2021-19903 Application: Appalachian Power Co., 51352 2021-19902 Town of Bedford, VA, 51351-51352 2021-19899 Combined Filings, 51353 2021-19887 Meetings: Electric Transmission Incentives Policy under the Federal Power Act; Workshop, 51347-51348 2021-19900 Federal Maritime Federal Maritime Commission NOTICES Agreement Filed, 51355 2021-19922 Federal Railroad Federal Railroad Administration NOTICES Final Agency Actions: Proposed Railroad Project in California, on Behalf of the California High Speed Rail Authority, 51438-51439 2021-19914 Federal Trade Federal Trade Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 51355-51357 2021-19904 Fish Fish and Wildlife Service NOTICES Endangered and Threatened Species: Enhancement of Survival Permit Application; Programmatic Safe Harbor Agreement and Candidate Conservation Agreement with Assurances for 14 Aquatic Species and Associated Categorical Exclusion; State of Kansas, 51366-51367 2021-19916 Environmental Assessments; Availability, etc.: Receipt of an Application for an Incidental Take Permit and Habitat Conservation Plan for Five Bat Species, Missouri, 51367-51368 2021-19929 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Food Contact Substance Notification Program, 51358-51360 2021-19925 Foreign Trade Foreign-Trade Zones Board NOTICES Authorization of Production Activity: Cycle Force Group, LLC, Foreign-Trade Zone 107, Polk County, IA, 51341 2021-19913 Wyeth Pharmaceuticals, LLC, Foreign-Trade Zone 27, Boston, MA, 51341 2021-19915 General Services General Services Administration NOTICES Federal Travel Regulation: Relocation Allowances: Waiver of Certain Provisions of the Federal Travel Regulation for Official Relocation Travel to Locations in Mississippi, Louisiana, New York, and New Jersey Impacted by Hurricane Ida, 51357 2021-19941 Geological Geological Survey NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: National Ground-Water Monitoring Network Cooperative Funding Application, 51368-51369 2021-19821 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Evaluation of the HUD-DOJ Pay for Success Permanent Supportive Housing Demonstration, 51364-51365 2021-19870 Indian Affairs Indian Affairs Bureau NOTICES Indian Gaming: Approval of Tribal-State Class III Gaming Compact in the State of Connecticut, 51369-51370 2021-19839 Approval of Tribal-State Class III Gaming Compact in the State of Washington, 51370, 51373-51374 2021-19842 2021-19843 2021-19844 Liquor Control Ordinance: Table Mountain Rancheria, 51370-51372 2021-19838 Meetings:

Indian Employment, Training and Related Services Act, as Amended, 51372-51373 2021-19845 Protection and Restoration of Tribal Homelands, 51373-51374 2021-19846 Industry Industry and Security Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Risks in the Semiconductor Supply Chain, 51342 2021-19946 Interior Interior Department See Fish and Wildlife Service See Geological Survey See Indian Affairs Bureau See Land Management Bureau See Surface Mining Reclamation and Enforcement Office Internal Revenue Internal Revenue Service PROPOSED RULES Annual Information Return/Reports, 51488-51575 2021-19714 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 51447-51450 2021-19881 2021-19891 2021-19892 2021-19894 2021-19895 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Casualties and Thefts, 51450-51451 2021-19879 Orphan Drug Credit, 51451 2021-19880 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Stilbenic Optical Brightening Agents from Taiwan, 51342-51343 2021-19912 International Trade Com International Trade Commission NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Granular Polytetrafluoroethylene Resin from India and Russia, 51378-51379 2021-19897 Investigations; Determinations, Modifications, and Rulings, etc.: Certain Electronic Devices, Including Streaming Players, Televisions, Set Top Boxes, Remote Controllers, and Components Thereof, 51381-51384 2021-19849 Certain Percussive Massage Devices, 51380 2021-19905 Petroleum Wax Candles from China, 51380-51381 2021-19827 Polyethylene Retail Carrier Bags from China, Indonesia, Malaysia, Taiwan, Thailand, and Vietnam, 51377-51378 2021-19898 Justice Department Justice Department See Antitrust Division See Drug Enforcement Administration See Parole Commission NOTICES Proposed Consent Decree:

Clean Air Act, 51384-51385 2021-19921 2021-19928 Labor Department Labor Department See Employee Benefits Security Administration Land Land Management Bureau NOTICES Plats of Survey: Oregon/Washington, 51374-51375 2021-19909 National Endowment for the Arts National Endowment for the Arts NOTICES Meetings: Arts Advisory Panel, 51385-51386 2021-19893 National Foundation National Foundation on the Arts and the Humanities See National Endowment for the Arts National Institute National Institutes of Health NOTICES Meetings:

Center for Scientific Review, 51360-51361, 51363-51364 2021-19872 2021-19937 National Cancer Institute, 51361-51362 2021-19882 National Institute of Allergy and Infectious Diseases, 51362-51363 2021-19874 National Institute of Diabetes and Digestive and Kidney Diseases, 51362, 51364 2021-19935 2021-19936 National Institute on Drug Abuse, 51362 2021-19873 National Oceanic National Oceanic and Atmospheric Administration RULES 2021 Recreational Accountability Measure and Closure for Gulf of Mexico Gray Triggerfish:

Reef Fish Fishery of the Gulf of Mexico, 51276-51277 2021-19823 Fisheries of the Northeastern United States: Blueline Tilefish Fishery; Inseason Adjustment to the Blueline Tilefish Commercial Possession Limit, 51277-51278 2021-19834 Reef Fish Fishery of the Gulf of Mexico: 2021 Recreational Accountability Measure and Closure for Gulf of Mexico Red Grouper, 51276 2021-19825 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Highly Migratory Species Permit Family of Forms, 51345 2021-19942 Pacific Islands Region Permit Family of Forms, 51345-51347 2021-19815 Meetings:

Management Track Assessment for Georges Bank Atlantic Cod and Gulf of Maine Atlantic Cod, 51344-51345 2021-19949 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Exemption: COVID-19 Public Health Emergency, 51389-51390 2021-19824 License Application: Perma-Fix Northwest Richland, Inc., 51386-51389 2021-19840 2021-19841 Economic Affairs Office of the Under-Secretary for Economic Affairs RULES Concrete Masonry Products Research, Education, and Promotion Order, 51456-51486 2021-18352 Parole Parole Commission RULES Paroling, Recommitting, and Supervising Federal Prisoners:

Prisoners Serving Sentences Under the United States and District of Columbia Codes, 51271-51273 2021-19884 2021-19885 Pension Benefit Pension Benefit Guaranty Corporation RULES Allocation of Assets in Single-Employer Plans: Interest Assumptions for Valuing Benefits, 51273-51274 2021-19704 PROPOSED RULES Annual Information Return/Reports, 51488-51575 2021-19714 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Product, 51390 2021-19888 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances:

National Grandparents Day (Proc. 10255), 51263-51264 2021-20038 National Small Business Week (Proc. 10253), 51257-51259 2021-20031 Patriot Day and National Day of Service and Remembrance (Proc. 10254), 51261-51262 2021-20036 Rural Business Rural Business-Cooperative Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 51338 2021-19919 Rural Housing Service Rural Housing Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 51338 2021-19919 Rural Utilities Rural Utilities Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 51338 2021-19919 Securities Securities and Exchange Commission NOTICES Application: High Income Securities Fund, 51397-51398 2021-19820 Self-Regulatory Organizations; Proposed Rule Changes: BOX Exchange, LLC, 51410-51414 2021-19864 Cboe C2 Exchange, Inc., 51393-51395 2021-19861 Cboe EDGX Exchange, Inc., 51402-51404 2021-19859 Cboe Exchange, Inc., 51406-51410, 51427-51431 2021-19857 2021-19858 2021-19860 ICE Clear Credit, LLC, 51391-51393 2021-19863 Nasdaq PHLX, LLC, 51404-51406 2021-19851 New York Stock Exchange, LLC, 51421-51424 2021-19852 NYSE American, LLC, 51418-51421 2021-19855 NYSE Arca, Inc., 51398-51402, 51415-51418 2021-19854 2021-19862 NYSE National, Inc., 51424-51427 2021-19853 The Nasdaq Stock Market, LLC, 51390-51391, 51395-51397 2021-19850 2021-19856 Small Business Small Business Administration NOTICES Disaster Declaration:

New York, 51431-51434 2021-19877 2021-19878 2021-19883 Major Disaster Declaration: Michigan, 51433 2021-19868 North Carolina, 51432 2021-19869 North Carolina; Public Assistance Only, 51433 2021-19867 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for a U.S. Passport, 51435-51436 2021-19835 Application for a U.S. Passport: Corrections, Name Change Within 1 Year of Passport Issuance, And Limited Passport Holders, 51434-51435 2021-19837 U.S.

Passport Renewal Application for Eligible Individuals, 51434 2021-19832 Delegation of Authority to Determine that an Applicant's Entry is in the National Interest, 51435 2021-19933 Surface Mining Surface Mining Reclamation and Enforcement Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Abandoned Mine Land Problem Area Description Form, 51377 2021-19828 Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations under Regulatory Programs, 51376-51377 2021-19830 Permanent Regulatory Program Requirements—Standards for Certification of Blasters, 51375-51376 2021-19829 Trade Representative Trade Representative, Office of United States NOTICES Request for Comments:

Significant Foreign Trade Barriers for the National Trade Estimate Report, 51436-51438 2021-19934 Transportation Department Transportation Department See Federal Aviation Administration See Federal Railroad Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Disadvantaged Business Enterprise Program Collections, 51444-51445 2021-19938 Disadvantaged Business Enterprise Program Requirements, 51439-51444 2021-19940 Treasury Treasury Department See Community Development Financial Institutions Fund See Internal Revenue Service Veteran Affairs Veterans Affairs Department RULES Nomenclature Change for Position Title, 51274-51276 2021-19793 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: VAAR Clause 852.211-70, Equipment Operation and Maintenance Manuals, 51451-51452 2021-19822 Veterans Health Administration Homeless Programs—Project CHALENG (Community Homelessness Assessment, Local Education and Networking Groups) for Veterans, 51452-51453 2021-19930 Meetings: Advisory Committee on the Readjustment of Veterans, 51452 2021-19848 Separate Parts In This Issue Part II Commerce Department, Office of the Under-Secretary for Economic Affairs, 51456-51486 2021-18352 Part III Labor Department, Employee Benefits Security Administration, 51488-51575 2021-19714 Pension Benefit Guaranty Corporation, 51488-51575 2021-19714 Treasury Department, Internal Revenue Service, 51488-51575 2021-19714 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 86 176 Wednesday, September 15, 2021 Rules and Regulations 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 *ADs@easa.europa.eu;* 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 *sanjay.ralhan@faa.gov.* 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 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. 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 Action Labor cost Parts cost Cost per product Cost on U.S. operators Retained actions from AD 2020-16-01 1 work-hour × $85 per hour = $85 $0 $85 $146,880. New actions Up to 11 work-hours × $85 per hour = Up to $935 Up to $6,760 Up to $7,695 Up to $13,296,960. 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 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 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 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: *9-AVS-AIR-730-AMOC@faa.gov.* 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 *sanjay.ralhan@faa.gov.*

(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 *ADs@easa.europa.eu;* 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 *fr.inspection@nara.gov,* 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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