Proposed Rule2025-05119
Airworthiness Directives; Airbus SAS Airplanes
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 26, 2025
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to adopt a new airworthiness directive (AD) for all Airbus SAS Model A350-941 and -1041 airplanes. This proposed AD was prompted by a determination that the applicable aircraft flight manual (AFM) was providing an incorrect value for maximum cumulative taxi time in freezing fog conditions. This proposed AD would require revising the existing AFM to provide the flightcrew with normal procedures to follow under certain conditions, 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 57 (Wednesday, March 26, 2025)</title>
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[Federal Register Volume 90, Number 57 (Wednesday, March 26, 2025)]
[Proposed Rules]
[Pages 13707-13709]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-05119]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2025-0475; Project Identifier MCAI-2024-00600-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 all Airbus SAS Model A350-941 and -1041 airplanes. This proposed AD
was prompted by a determination that the applicable aircraft flight
manual (AFM) was providing an incorrect value for maximum cumulative
taxi time in freezing fog conditions. This proposed AD would require
revising the existing AFM to provide the flightcrew with normal
procedures to follow under certain conditions, 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 May 12,
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-2025-0475; 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, Germany; telephone +49 221
8999 000; email <a href="/cdn-cgi/l/email-protection#80c1c4f3c0e5e1f3e1aee5f5f2eff0e1aee5f5"><span class="__cf_email__" data-cfemail="0243467142676371632c6777706d72632c6777">[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-2025-0475.
<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: James Clary, Aviation Safety Engineer,
FAA, 2200 South 216th St., Des Moines, WA 98198; telephone: 817-222-
5138; email: <a href="/cdn-cgi/l/email-protection#670d060a021449040b06151e2701060649000811"><span class="__cf_email__" data-cfemail="b3d9d2ded6c09dd0dfd2c1caf3d5d2d29dd4dcc5">[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-2025-0475;
Project Identifier MCAI-2024-00600-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 James
Clary, Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines,
WA 98198; telephone: 817-222-5138; email: <a href="/cdn-cgi/l/email-protection#701a111d15035e131c110209301611115e171f06"><span class="__cf_email__" data-cfemail="99f3f8f4fceab7faf5f8ebe0d9fff8f8b7fef6ef">[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 2024-0190, dated October 10, 2024;
corrected October 11, 2024 (EASA AD 2024-0190) (also referred to as the
MCAI), to correct an unsafe condition for all Airbus SAS Model A350-
941, A350-1041, A380-841, and A380-842 airplanes. The MCAI states the
applicable AFM was providing an incorrect value for maximum cumulative
taxi time in freezing fog conditions, which could lead to multiple
engine surges in a critical flight phase and possibly result in loss of
control of the airplane.
The FAA is proposing this AD to address the unsafe condition on
these products.
[[Page 13708]]
You may examine the MCAI in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2025-0475.
Material Incorporated by Reference Under 1 CFR Part 51
EASA AD 2024-0190 specifies procedures for an AFM amendment to
correct the maximum cumulative taxi time in freezing fog conditions.
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 accomplishing the actions specified
in EASA AD 2024-0190 described previously, except for any differences
identified as exceptions in the regulatory text of this proposed AD and
except as discussed under ``Differences Between This NPRM and the
MCAI.''
Compliance With AFM Revisions
EASA AD 2024-0190 requires operators to ``inform all flight crews''
of revisions to the AFM, and thereafter to ``operate the aeroplane
accordingly.'' However, this proposed AD would not specifically require
those actions as those actions are already required by FAA regulations.
FAA regulations require that operators furnish to pilots any changes to
the AFM (for example, 14 CFR 121.137), and to ensure the pilots are
familiar with the AFM (for example, 14 CFR 91.505). As with any other
flightcrew training requirement, training on the updated AFM content is
tracked by the operators and recorded in each pilot's training record,
which is available for the FAA to review. FAA regulations also 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, including a requirement in this proposed AD to operate
the airplane according to the revised AFM would be redundant and
unnecessary.
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 2024-0190 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2024-0190 in its entirety through that incorporation, except
for 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 2024-0190 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-
0190. Material required by EASA AD 2024-0190 for compliance will be
available at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2025-0475 after the
FAA final rule is published.
Differences Between This NPRM and the MCAI
This proposed AD does not include the Airbus S.A.S. Model A380-841
and -842 airplanes that are specified in the MCAI. Instead, the FAA has
added the MCAI to the required airworthiness actions list (RAAL) for
the Model A380 airplanes.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 32 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
Estimated Costs for Required Actions
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Cost per Cost on U.S.
Labor cost Parts cost product operators
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1 work-hour x $85 per hour = $85............................. $0 $85 $2,720
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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
The FAA 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.
[[Page 13709]]
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-2025-0475; Project Identifier MCAI-2024-
00600-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by May 12, 2025.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Airbus SAS Model A350-941 and -1041
airplanes, certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code 71, Powerplant.
(e) Unsafe Condition
This AD was prompted by a determination that the applicable
aircraft flight manual (AFM) was providing an incorrect value for
maximum cumulative taxi time in freezing fog conditions. The FAA is
issuing this AD to address the incorrect maximum cumulative taxi
time in freezing fog conditions. The unsafe condition, if not
addressed, could lead to multiple engine surges in a critical flight
phase and possibly result in loss of control 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
2024-0190, dated October 10, 2024; corrected October 11, 2024 (EASA
AD 2024-0190).
(h) Exceptions to EASA AD 2024-0190
(1) Where EASA AD 2024-0190 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Where paragraph (1) of EASA AD 2024-0190 specifies
``implement the AFM DU revision,'' this AD requires replacing that
text with ``revise the applicable existing AFM by incorporating the
applicable AFM DU revision.''
(3) Where paragraph (1) of EASA AD 2024-0190 specifies to
``inform all flight crews, and thereafter, operate the aeroplane
accordingly,'' this AD does not require those actions as those
actions are already required by existing FAA operating regulations
(see 14 CFR 91.9, 14 CFR 91.505, and 14 CFR 121.137).
(4) This AD does not adopt the ``Remarks'' section of EASA AD
2024-0190.
(i) Additional AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The 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
the Continued Operational Safety Branch, send it to the attention of
the person identified in paragraph (j) of this AD and email to:
<a href="/cdn-cgi/l/email-protection#e6a7aba9a5a6808787c8818990"><span class="__cf_email__" data-cfemail="e9a8a4a6aaa98f8888c78e869f">[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.
(j) Additional Information
For more information about this AD, contact James Clary,
Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA
98198; telephone: 817-222-5138; email: <a href="/cdn-cgi/l/email-protection#6f050e020a1c410c030e1d162f090e0e41080019"><span class="__cf_email__" data-cfemail="fd979c90988ed39e919c8f84bd9b9c9cd39a928b">[email protected]</span></a>.
(k) 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 2024-0190,
dated October 10, 2024; corrected October 11, 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#acede8dfecc9cddfcd82c9d9dec3dccd82c9d9"><span class="__cf_email__" data-cfemail="28696c5b684d495b49064d5d5a475849064d5d">[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#7f190d5116110c0f1a1c0b1610113f111e0d1e51181009"><span class="__cf_email__" data-cfemail="690f1b4700071a190c0a1d0006072907081b08470e061f">[email protected]</span></a>.
Issued on March 20, 2025.
Peter A. White,
Deputy Director, Integrated Certificate Management Division, Aircraft
Certification Service.
[FR Doc. 2025-05119 Filed 3-25-25; 8:45 am]
BILLING CODE 4910-13-P
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