[Federal Register Volume 90, Number 51 (Tuesday, March 18, 2025)]
[Rules and Regulations]
[Pages 12449-12452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-04334]
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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. 90, No. 51 / Tuesday, March 18, 2025 / Rules
and Regulations
[[Page 12449]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-1701; Project Identifier MCAI-2024-00153-T;
Amendment 39-22986; AD 2025-05-14]
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 A350-941 and A350-1041 airplanes. This AD was prompted
by a report indicating that the thrust reverser and pylon thermal
blankets were found damaged due to air leaking from the pre-cooler
exchanger (PCE). This AD requires repetitively testing the PCE for air
leaks and reporting the results, and, depending on findings, inspecting
the thermal blankets for damage and replacing the PCE, 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 [INSERT DATE 35 DAYS AFTER DATE OF
PUBLICATION IN THE FEDERAL REGISTER].
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of April 22,
2025.
ADDRESSES:
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2024-1701; 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, the mandatory continuing airworthiness
information (MCAI), 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.
Material Incorporated by Reference:
For EASA material identified in this AD, contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999
000; email [email protected]; website easa.europa.eu. You may find
this material on the EASA website at ad.easa.europa.eu.
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. It is also available at regulations.gov under
Docket No. FAA-2024-1701.
FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aviation Safety Engineer,
FAA, 2200 South 216th St., Des Moines, WA 98198; phone: 206-231-3225;
email: [email protected].
SUPPLEMENTARY INFORMATION:
Background
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
A350-941 and A350-1041 airplanes. The NPRM published in the Federal
Register on July 1, 2024 (89 FR 54393). The NPRM was prompted by AD
2024-0058R1, dated April 16, 2024, issued by EASA, which is the
Technical Agent for the Member States of the European Union. EASA AD
2024-0058R1 stated that during a maintenance inspection, thrust
reverser and pylon thermal blankets were found damaged due to air
leaking from the PCE.
In the NPRM, the FAA proposed to require repetitively testing the
PCE for air leaks and reporting the results, and, depending on
findings, inspecting the thermal blankets for damage and replacing the
PCE.
Since the NPRM was issued, EASA issued AD 2024-0058R2, dated
October 4, 2024 (EASA AD 2024-0058R2) (also referred to as the MCAI).
EASA AD 2024-0058R2 adds guidance regarding updated inspection
procedures with instructions for additional inspections that can be
accomplished before contacting Airbus. EASA AD 2024-0058R2 retains all
requirements of EASA AD 2024-0058R1 and does not introduce any new
requirements.
The FAA is issuing this AD to address damage to thermal blankets
that, if combined with an independent event of engine fire, could lead
to a temporary uncontrolled fire.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2024-1701.
Discussion of Final Airworthiness Directive
Comments
The FAA received a comment from the Air Line Pilots Association,
International (ALPA) who supported the NPRM without change.
The FAA received additional comments from Delta Airlines (Delta).
The following presents the comments received on the NPRM and the FAA's
response to each comment.
Request To Clarify Conflicting Compliance Time
Delta stated that EASA AD 2024-0058R1 and Airbus Alert Operator's
Transmission (AOT) A36P010-23, Revision 01, dated April 17, 2024, have
conflicting compliance times for the next leak test requirement after
initial testing. Delta requested clarification of the compliance time
for the PCE repetitive leak tests.
The FAA agrees to clarify. EASA had previously responded to a
similar question in the Comment Response Document for EASA Proposed AD
(PAD) 2024-0058. In that document, EASA confirmed that the first leak
test must be accomplished before 5,500 flight cycles since new, which
serves as the initial starting point for subsequent flight-cycle
intervals. Thereafter, all subsequent inspections must occur at
intervals not greater than 100 flight cycles. The FAA notes that if an
operator conducts the first leak test at, for example, 5,400 total
flight cycles, then the next leak test must occur before 5,500 total
flight cycles (i.e., an interval not to exceed 100 flight cycles since
the previous leak test). However, if the operator decides to perform
the leak test at, for example, 4,500 total flight cycles, then the next
leak test must be performed before 4,600 total flight cycles. The FAA
has not changed this AD in this regard.
[[Page 12450]]
Request To Revise Initial Compliance Time
Delta stated that Airbus has recommended not to perform the PCE
leak test earlier than 100 flight cycles before reaching the 5,500-
flight-cycle threshold, due to the availability of spare parts. The FAA
infers that Delta is requesting the compliance time be revised to
specify that the initial leak test should not be accomplished prior to
the accumulation of 5,400 flight cycles on the PCE.
The FAA does not agree to change this compliance time. The FAA
notes that operators may choose to complete the initial leak test at
any point before the 5,500-flight cycle threshold, including several
flight cycles before that threshold. Additionally, in developing an
appropriate compliance time for this action, the FAA considered the
recommendations of EASA, the urgency associated with the subject unsafe
condition, the availability of required parts, and the practical aspect
of accomplishing the required actions. However, under the provisions of
paragraph (i)(1) of this AD, the FAA will consider requests for
approval of an extension of the compliance time if sufficient data are
submitted to substantiate that the new compliance time would provide an
acceptable level of safety. The FAA has not changed this AD in this
regard.
Request To Limit Reporting Requirement
Delta requested that paragraph (h) of the proposed AD be revised to
exclude the requirement to contact Airbus and provide pictures of PCEs
information, as specified in Airbus AOT A36P010-23, Revision 01, dated
April 17, 2024. Delta stated that operators should not be mandated to
provide pictures of an affected unit's cold path and smart aircraft
condition monitoring system recorder (SAR017) data from flights because
use of this information would not directly impact safety. Delta
expressed concern over the risk of non-compliance with the proposed AD
if they were unable to obtain SAR017 data from the next flight after
PCE replacement. Delta stated that Airbus uses reporting for safety
condition investigations and software development. Delta also stated
that Airbus indicated that any SAR017 data of any flight after PCE
replacement is acceptable, when SAR017 data is available.
The FAA disagrees with removing the reporting requirement but does
agree to extend the compliance time for reporting SAR017 data. The
reporting requirement is intended to provide the original equipment
manufacturer (OEM) with information to determine the root cause of the
unsafe condition identified in this AD. Furthermore, the OEM and EASA
will review the inspection results, and other corrective actions may
result from the reported data. Although the SAR017 data will be helpful
for the OEM and EASA to determine if future action is needed, reporting
that data is not an immediate or urgent requirement. Therefore, in
consideration of Delta's comment, the FAA has revised the reporting
requirement so that the SAR017 data is due 6 months after the
completion of the applicable actions in this AD.
Conclusion
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 reviewed the relevant data, considered the
comments received, and determined that air safety requires adopting
this AD as proposed. Accordingly, the FAA is issuing this AD to address
the unsafe condition on this product. Except for minor editorial
changes, and any other changes described previously, this AD is adopted
as proposed in the NPRM. None of the changes will increase the economic
burden on any operator.
Material Incorporated by Reference Under 1 CFR Part 51
The FAA reviewed EASA AD 2024-0058R2, dated October 4, 2024. This
material specifies procedures for performing repetitive air leak tests
of a certain PCE and reporting the results. If a leak is detected, EASA
AD 2024-0058R2 specifies to replace the PCE and visually inspect the
thrust reverser and pylon thermal blankets and replace if damaged. EASA
AD 2024-0058R2 also requires performing an air leak test on any newly
installed PCE. EASA AD 2024-0058R2 also limits the installation of
affected PCEs.
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.
Interim Action
The FAA considers that this AD is an interim action. If final
action is later identified, the FAA might consider further rulemaking
then.
Costs of Compliance
The FAA estimates that this AD affects 32 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
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Cost on U.S.
Labor cost Parts cost Cost per product operators
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3 work-hours x $85 per hour = $255....................... $0 $255 $8,160
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Estimated Costs of On-Condition Actions
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Labor cost Parts cost Cost per product
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Up to 24 work-hours x $85 per hour = Up Up to $18,844............... Up to $20,884.
to $2,040.
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Paperwork Reduction Act
A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a currently valid OMB Control Number. The OMB
Control Number for this information collection is 2120-0056. Public
reporting for this collection of information is estimated to take
approximately 1 hour per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the
[[Page 12451]]
data needed, and completing and reviewing the collection of
information. All responses to this collection of information are
mandatory. Send comments regarding this burden estimate or any other
aspect of this collection of information, including suggestions for
reducing this burden, to: Information Collection Clearance Officer,
Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX
76177-1524.
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.
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(f), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
2025-05-14 Airbus SAS: Amendment 39-22986; Docket No. FAA-2024-1701;
Project Identifier MCAI-2024-00153-T.
(a) Effective Date
This airworthiness directive (AD) is effective April 22, 2025.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Airbus SAS Model A350-941 and A350-1041
airplanes, certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code 36, Pneumatic.
(e) Unsafe Condition
This AD was prompted by a report indicating that the thrust
reverser and pylon thermal blankets were found damaged due to air
leaking from the pre-cooler exchanger (PCE). The FAA is issuing this
AD to address the PCE leaking air. The unsafe condition, if not
addressed, could result in thermal blanket damage that, if combined
with an independent event of engine fire, could lead to a temporary
uncontrolled 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
2024-0058R2, dated October 4, 2024 (EASA AD 2024-0058R2).
(h) Exceptions to EASA AD 2024-0058R2
(1) Where EASA AD 2024-0058R2 refers to March 11, 2024 [the
effective date of the original issue of this [EASA] AD], this AD
requires using the effective date of this AD.
(2) Where paragraph (4) of EASA AD 2024-0058R2 specifies if
``any discrepancy, as defined in the AOT, is identified, before next
flight, contact Airbus for approved repair instructions and
accomplish those instructions accordingly,'' this AD requires
replacing that text with ``any discrepancy is detected, the
discrepancy must be repaired before further flight 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.''
(3) Paragraph (6) of EASA AD 2024-0058R2 specifies to report air
leak test results to Airbus within a certain compliance time. For
this AD, report test results at the applicable times specified in
paragraphs (h)(3)(i) and (ii) of this AD.
(i) Report test results, except smart aircraft condition
monitoring system recorder (SAR017) data, at the applicable time
specified in paragraph (h)(3)(i)(A) or (B) of this AD.
(A) If the test was done on or after the effective date of this
AD: Submit the report within 30 days after the test.
(B) If the test was done before the effective date of this AD:
Submit the report within 30 days after the effective date of this
AD.
(ii) Report SAR017 data at the applicable time specified in
paragraph (h)(3)(ii)(A) or (B) of this AD.
(A) If the test was done on or after the effective date of this
AD: Submit the SAR017 data within 6 months after the completion of
each air leak test and applicable corrective actions required by
this AD.
(B) If the test was done before the effective date of this AD:
Submit the SAR017 data within 6 months after the effective date of
this AD.
(4) This AD does not adopt the ``Remarks'' section of EASA AD
2024-0058R2.
(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, mail it to the address
identified in paragraph (j) 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, AIR-520,
Continued Operational Safety Branch, FAA; or EASA; or Airbus SAS's
EASA DOA. If approved by the DOA, the approval must include the DOA-
authorized signature.
(3) Required for Compliance (RC): Except as required by
paragraph (i)(2) of this AD, if any material referenced in EASA AD
2024-0058R2 contains paragraphs that are labeled as RC, the
instructions in RC paragraphs, including subparagraphs under an RC
paragraph, must be done to comply with this AD; any paragraphs,
including subparagraphs under those paragraphs, that are not
identified as RC are recommended. The
[[Page 12452]]
instructions in paragraphs, including subparagraphs under those
paragraphs, 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
instructions identified as RC can be done and the airplane can be
put back in an airworthy condition. Any substitutions or changes to
instructions identified as RC require approval of an AMOC.
(j) 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: [email protected].
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) 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 2024-0058R2,
dated October 4, 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 [email protected]; website easa.europa.eu. You may
find this material on the EASA website ad.easa.europa.eu.
(4) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th
Street, 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 www.archives.gov/federal-register/cfr/ibr-locations, or email [email protected].
Issued on March 6, 2025.
Peter A. White,
Deputy Director, Integrated Certificate Management Division, Aircraft
Certification Service.
[FR Doc. 2025-04334 Filed 3-17-25; 8:45 am]
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