Proposed Rule2025-02746
Airworthiness Directives; Airbus SAS Airplanes
Primary source
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Published
February 19, 2025
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to adopt a new airworthiness directive (AD) for certain Airbus SAS Model A350-941 and -1041 airplanes. This proposed AD was prompted by a determination that new or more restrictive airworthiness limitations are necessary. This proposed AD would require revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations, as specified in a European Union Aviation Safety Agency (EASA) AD, which is proposed for incorporation by reference (IBR). The FAA is proposing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 90 Issue 32 (Wednesday, February 19, 2025)</title>
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[Federal Register Volume 90, Number 32 (Wednesday, February 19, 2025)]
[Proposed Rules]
[Pages 9881-9884]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-02746]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2025-0205; Project Identifier MCAI-2024-00537-T]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Airbus SAS Model A350-941 and -1041 airplanes. This
proposed AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. This proposed AD
would require revising the existing maintenance or inspection program,
as applicable, to incorporate new or more restrictive airworthiness
limitations, as specified in a European Union Aviation Safety Agency
(EASA) AD, which is proposed for incorporation by reference (IBR). The
FAA is proposing this AD to address the unsafe condition on these
products.
DATES: The FAA must receive comments on this proposed AD by April 7,
2025.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="http://regulations.gov">regulations.gov</a>. Follow
the instructions for submitting comments.
<bullet> Fax: 202-493-2251.
<bullet> Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
<bullet> Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2025-0205; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this NPRM, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
Material Incorporated by Reference:
<bullet> For EASA material identified in this proposed AD, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne,
[[Page 9882]]
Germany; telephone +49 221 8999 000; email <a href="/cdn-cgi/l/email-protection#b0f1f4c3f0d5d1c3d19ed5c5c2dfc0d19ed5c5"><span class="__cf_email__" data-cfemail="6524211625000416044b0010170a15044b0010">[email protected]</span></a>; website
easa.europa.eu. You may find this material on the EASA website at
ad.easa.europa.eu. It is also available at <a href="http://regulations.gov">regulations.gov</a> under Docket
No. FAA-2025-0205.
<bullet> 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.
FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aviation Safety Engineer,
FAA, 2200 South 216th St., Des Moines, WA 98198; phone 206-231-3225;
email <a href="/cdn-cgi/l/email-protection#7f3b1e11512d101b16111e3f191e1e51181009"><span class="__cf_email__" data-cfemail="a8ecc9c686fac7ccc1c6c9e8cec9c986cfc7de">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2025-0205;
Project Identifier MCAI-2024-00537-T'' at the beginning of your
comments. The most helpful comments reference a specific portion of the
proposal, explain the reason for any recommended change, and include
supporting data. The FAA will consider all comments received by the
closing date and may amend this proposal because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
<a href="http://regulations.gov">regulations.gov</a>, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to Dan
Rodina, Aviation Safety Engineer, FAA, 2200 South 216th St., Des
Moines, WA 98198; phone 206-231-3225; email <a href="/cdn-cgi/l/email-protection#aaeecbc484f8c5cec3c4cbeacccbcb84cdc5dc"><span class="__cf_email__" data-cfemail="793d1817572b161d101718391f1818571e160f">[email protected]</span></a>. Any
commentary that the FAA receives which is not specifically designated
as CBI will be placed in the public docket for this rulemaking.
Background
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2024-0180, dated September 17, 2024
(EASA AD 2024-0180) (also referred to as the MCAI), to correct an
unsafe condition for all Airbus SAS Model A350-941 and -1041 airplanes.
Airplanes with an original airworthiness certificate or original export
certificate of airworthiness issued after July 1, 2024 must comply with
the airworthiness limitations specified as part of the approved type
design and referenced on the type certificate data sheet; this proposed
AD therefore does not include those airplanes in the applicability. The
MCAI states that new or more restrictive airworthiness limitations have
been developed.
EASA AD 2024-0180 specifies that it requires a task (limitation)
already in Airbus A350 ALS Part 5 Revision 07 that is required by EASA
AD 2023-0162 (which corresponds to FAA AD 2024-01-05, Amendment 39-
22656 (89 FR 6420, February 1, 2024) (AD 2024-01-05)), and that
incorporation of EASA AD 2024-0180 invalidates (terminates) prior
instructions for that task. This proposed AD therefore would terminate
the limitations required by paragraph (j) of AD 2024-01-05 for the
tasks identified in the material referenced in EASA AD 2024-0180 only.
The FAA is proposing this AD to address the potential of ignition
sources inside fuel tanks which, in combination with flammable fuel
vapors, could result in a fuel tank explosion and consequent loss of
the airplane. You may examine the MCAI in the AD docket at
<a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2025-0205.
Material Incorporated by Reference Under 1 CFR Part 51
The FAA reviewed EASA AD 2024-0180, which specifies new or more
restrictive airworthiness limitations for fuel tank ignition prevention
and fuel tank flammability reduction that includes revising a certain
Critical Design Configuration Control Limitation (CDCCL) to include the
additional dimensional values for fuel pumps and existing O-rings in
the auxiliary power unit (APU) pump. This material is reasonably
available because the interested parties have access to it through
their normal course of business or by the means identified in the
ADDRESSES section.
FAA's Determination
This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA is issuing this NPRM after determining that
the unsafe condition described previously is likely to exist or develop
in other products of the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would require revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations, which are specified in EASA AD
2024-0180 described previously, as incorporated by reference. Any
differences with EASA AD 2024-0180 are identified as exceptions in the
regulatory text of this proposed AD.
This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections) and
CDCCLs. Compliance with these actions and CDCCLs is required by 14 CFR
91.403(c). For airplanes that have been previously modified, altered,
or repaired in the areas addressed by this proposed AD, the operator
may not be able to accomplish the actions described in the revisions.
In this situation, to comply with 14 CFR 91.403(c), the operator must
request approval for an alternative method of compliance (AMOC)
according to paragraph (k)(1) of this proposed AD.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate EASA AD 2024-0180 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2024-0180 through that incorporation, except for
[[Page 9883]]
any differences identified as exceptions in the regulatory text of this
proposed AD. Using common terms that are the same as the heading of a
particular section in EASA AD 2024-0180 does not mean that operators
need comply only with that section. For example, where the AD
requirement refers to ``all required actions and compliance times,''
compliance with this AD requirement is not limited to the section
titled ``Required Action(s) and Compliance Time(s)'' in EASA AD 2024-
0180. Material required by EASA AD 2024-0180 for compliance will be
available at <a href="http://regulations.gov">regulations.gov</a> by searching for and locating Docket No.
FAA-2025-0205 after the FAA final rule is published.
Airworthiness Limitation ADs Using the New Process
The FAA's process of incorporating by reference MCAI ADs as the
primary source of information for compliance with corresponding FAA ADs
has been limited to certain MCAI ADs (primarily those with service
bulletins as the primary source of information for accomplishing the
actions required by the FAA AD). However, the FAA is now expanding the
process to include MCAI ADs that require a change to airworthiness
limitation documents, such as airworthiness limitation sections.
For these ADs that incorporate by reference an MCAI AD that changes
airworthiness limitations, the FAA requirements are unchanged.
Operators must revise the existing maintenance or inspection program,
as applicable, to incorporate the information specified in the new
airworthiness limitation document. The airworthiness limitations must
be followed according to 14 CFR 91.403(c) and 91.409(e).
The previous format of the airworthiness limitation ADs included a
paragraph that specified that no alternative actions (e.g.,
inspections), intervals, or CDCCLs may be used unless the actions,
intervals, and CDCCLs are approved as an AMOC in accordance with the
procedures specified in the AMOC paragraph under ``Additional AD
Provisions.'' This new format includes a ``Provisions for Alternative
Actions, Intervals, and CDCCLs'' paragraph that does not specifically
refer to AMOCs, but operators may still request an AMOC to use an
alternative action, interval, or CDCCL.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 33 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although the agency recognizes that this number may vary from operator
to operator. Since operators incorporate maintenance or inspection
program changes for their affected fleet(s), the FAA has determined
that a per-operator estimate is more accurate than a per-airplane
estimate. Therefore, the agency estimates the average total cost per
operator to be $7,650 (90 work-hours x $85 per work-hour).
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
Regulatory Findings
The FAA has determined that this proposed AD would not have
federalism implications under Executive Order 13132. This proposed AD
would not have a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.
For the reasons discussed above, I certify this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Would not affect intrastate aviation in Alaska, and
(3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
Airbus SAS: Docket No. FAA-2025-0205; Project Identifier MCAI-2024-
00537-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by April 7, 2025.
(b) Affected ADs
This AD affects AD 2024-01-05, Amendment 39-22656 (89 FR 6420,
February 1, 2024) (AD 2024-01-05).
(c) Applicability
This AD applies to Airbus SAS Model A350-941 and -1041
airplanes, certificated in any category, with an original
airworthiness certificate or original export certificate of
airworthiness issued on or before July 1, 2024.
(d) Subject
Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.
(e) Unsafe Condition
This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address the potential of ignition sources inside
fuel tanks. The unsafe condition, if not addressed, could result in
in a fuel tank explosion and consequent loss of the airplane.
(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
2024-0180, dated September 17, 2024 (EASA AD 2024-0180).
(h) Exceptions to EASA AD 2024-0180
(1) This AD does not adopt the requirements specified in
paragraphs (1) and (2) of EASA AD 2024-0180.
[[Page 9884]]
(2) Paragraph (3) of EASA AD 2024-0180 specifies revising ``the
approved AMP,'' within 12 months after its effective date, but this
AD requires revising the existing maintenance or inspection program,
as applicable, within 90 days after the effective date of this AD.
(3) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2024-0180 is at the applicable
``limitations'' and ``associated thresholds'' as incorporated by the
requirements of paragraph (3) of EASA AD 2024-0180, or within 90
days after the effective date of this AD, whichever occurs later.
(4) This AD does not adopt the provisions specified in
paragraphs (4) of EASA AD 2024-0180.
(5) This AD does not adopt the ``Remarks'' section of EASA AD
2024-0180.
(i) Provisions for Alternative Actions, Intervals, and CDCCLs
After the existing maintenance or inspection program has been
revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections), intervals, and CDCCLs are allowed
unless they are approved as specified in the provisions of the
``Ref. Publications'' section of EASA AD 2024-0180.
(j) Terminating Action for Certain Tasks Required by AD 2024-01-05
Accomplishing the actions required by this AD terminates the
corresponding requirements of AD 2024-01-05 for the tasks identified
in the material referenced in EASA AD 2024-0180 only.
(k) Additional AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
Manager, AIR-520, Continued Operational Safety 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 manager of AIR-520, Continued Operational Safety Branch, FAA,
send it to the attention of the person identified in paragraph (l)
of this AD and email to: <a href="/cdn-cgi/l/email-protection#06474b49454660676728616970"><span class="__cf_email__" data-cfemail="a1e0eceee2e1c7c0c08fc6ced7">[email protected]</span></a>. 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, AIR-520,
Continued Operational Safety 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.
(l) Additional Information
For more information about this AD, contact Dan Rodina, Aviation
Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198;
phone 206-231-3225; email <a href="/cdn-cgi/l/email-protection#94d0f5fabac6fbf0fdfaf5d4f2f5f5baf3fbe2"><span class="__cf_email__" data-cfemail="e6a28788c8b489828f8887a6808787c8818990">[email protected]</span></a>.
(m) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference of the material listed in this paragraph
under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this material as applicable to do the actions
required by this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency (EASA) AD 2024-0180,
dated September 17, 2024.
(ii) [Reserved]
(3) For EASA material identified in this AD, contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email <a href="/cdn-cgi/l/email-protection#ffbebb8cbf9a9e8c9ed19a8a8d908f9ed19a8a"><span class="__cf_email__" data-cfemail="46070235062327352768233334293627682333">[email protected]</span></a>; website easa.europa.eu. You may
find this material on the EASA website at 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.
(5) You may view this material at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit <a href="http://www.archives.gov/federal-register/cfr/ibr-locations">www.archives.gov/federal-register/cfr/ibr-locations</a> or email <a href="/cdn-cgi/l/email-protection#d8beaaf6b1b6aba8bdbbacb1b7b698b6b9aab9f6bfb7ae"><span class="__cf_email__" data-cfemail="fa9c88d49394898a9f998e939594ba949b889bd49d958c">[email protected]</span></a>.
Issued on February 12, 2025.
Suzanne Masterson,
Deputy Director, Integrated Certificate Management Division, Aircraft
Certification Service.
[FR Doc. 2025-02746 Filed 2-18-25; 8:45 am]
BILLING CODE 4910-13-P
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