[Federal Register Volume 90, Number 82 (Wednesday, April 30, 2025)]
[Rules and Regulations]
[Pages 17888-17891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-07453]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2025-0745; Project Identifier MCAI-2025-00187-T;
Amendment 39-23028; AD 2025-09-07]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Airbus SAS Model A330-243, -243F, -841, and -941 airplanes.
This AD was prompted by reports of loss of data synchronization between
radio management panels (RMPs) and the audio management unit (AMU).
This AD requires revising the existing airplane flight manual (AFM) by
providing instructions to address dual loss of RMP data
synchronization, and the existing minimum equipment list (MEL) by
removing relief for an inoperative RMP 3. The FAA is issuing this AD to
address the unsafe condition on these products.
DATES: This AD is effective May 15, 2025.
The FAA must receive comments on this AD by June 16, 2025.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
[[Page 17889]]
Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
Fax: 202-493-2251.
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.
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 regulations.gov under
Docket No. FAA-2025-0745; 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
street address for Docket Operations is listed above.
FOR FURTHER INFORMATION CONTACT: James Clary, Aviation Safety Engineer,
FAA, 2200 South 216th St., Des Moines, WA 98198; phone: 817-222-5138;
email: [email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2025-0745; Project
Identifier MCAI-2025-00187-T'' at the beginning of your comments. The
most helpful comments reference a specific portion of the final rule,
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 final rule 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
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this final rule.
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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to James
Clary, Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines,
WA 98198; phone: 817-222-5138; email: [email protected]. Any
commentary that the FAA receives which is not specifically designated
as CBI will be placed in the public docket for this rulemaking.
Background
The European Union Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Union, has issued
EASA AD 2025-0043, dated February 19, 2025 (EASA AD 2025-0043) (also
referred to as ``the MCAI''), to correct an unsafe condition for Airbus
SAS Model A330-243, -243F, -841, and -941 airplanes with the digital
RMP function installed by modification 207423. The MCAI states loss of
data synchronization between the RMPs and the AMU were reported. Such
loss of data synchronization can lead to the loss of radio
communication, uncommanded changes of transponder and traffic alert and
collision avoidance system (TCAS) settings, and activation of standby
navigation mode on all RMPs. This condition, if not corrected, could
result in total loss of radio communication if RMP 3 is inoperative
prior to dispatch, including loss of transponder functionality and
standby navigation.
Accordingly, EASA AD 2025-0043 describes procedures for revising
the existing AFM by providing instructions to address dual loss of RMP
data synchronization. EASA AD 2025-0043 also specifies procedures for
revising the master minimum equipment list (MMEL) by adding relief to
allow airplane dispatch with an inoperative RMP 1 or RMP 2 (instead of
only RMP 2) and removing the relief that allows airplane dispatch with
an inoperative RMP 3.
The FAA is issuing this AD to address the unsafe condition on these
products.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2025-0745.
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 AD after determining that the
unsafe condition described previously is likely to exist or develop on
other products of the same type design.
Requirements of This AD
This AD requires accomplishing the actions specified in EASA AD
2025-0043 described previously, except as discussed under ``Differences
Between This AD and the MCAI.''
Compliance With AFM and MEL Revisions
EASA AD 2025-0043 requires operators to ``inform all flight crews''
of revisions to the AFM and MEL, and thereafter to ``operate the
aeroplane accordingly.'' However, this AD does 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 that 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 AFM including all updates.
Section 91.9 requires that any person operating a civil aircraft must
comply with the operating limitations specified in the AFM.
FAA regulations (14 CFR 121.628(a)(2)) require operators to provide
pilots with access to all of the information contained in the
operator's MEL. Further, Sec. 121.628(a)(5) requires airplanes to be
operated under all applicable conditions and limitations contained in
the operator's MEL.
Therefore, including a requirement in this AD to operate the
airplane according to the revised AFM or MEL would be redundant and
unnecessary.
Differences Between This AD and the MCAI
The Airbus MMEL update referenced in EASA AD 2025-0043 allows
airplane dispatch with an inoperative RMP 1 or RMP 2. This AD, however,
does not allow dispatch with an inoperative RMP 1. According to FAA
MMEL Policy Letter 63, revision 4, dated July 5, 2012, the MMEL/MEL may
not provide relief for instruments and equipment that are
[[Page 17890]]
necessary for accomplishing an emergency procedure. However, relief may
be considered for redundant instruments or equipment powered by the
same power source used for accomplishing the emergency procedure.
The digital RMP function consists of three RMPs, but only RMP 1
functions in an emergency electrical configuration (i.e., RMP 2 and RMP
3 are not available if the flightcrew needs to switch to emergency
power). Therefore, the FAA has determined that an airplane cannot be
dispatched with an inoperative RMP 1 because it is essential for safe
operation under emergency conditions.
Interim Action
The FAA considers that this AD is an interim action. The design
approval holder is currently developing a modification that will
address the unsafe condition identified in this AD. Once this
modification is developed, approved, and available, the FAA might
consider additional rulemaking.
Justification for Immediate Adoption and Determination of the Effective
Date
Section 553(b) of the Administrative Procedure Act (APA) (5 U.S.C.
551 et seq.) authorizes agencies to dispense with notice and comment
procedures for rules when the agency, for ``good cause,'' finds that
those procedures are ``impracticable, unnecessary, or contrary to the
public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies forgoing notice and comment prior to adoption of this rule
because dual loss of data synchronization between RMP 1/RMP 2 and the
AMU during flight, in combination with an inoperative RMP 3 prior to
takeoff, could result in total loss of radio communication, transponder
functionality, and standby navigation, impacting the flightcrew's
ability to safely navigate, avoid air traffic collisions, and safely
land the airplane. In addition, the compliance time for the required
actions is 7 days, which is a shorter time period than the time
necessary for the public to comment and for publication of the final
rule. Accordingly, notice and opportunity for prior public comment are
impracticable and contrary to the public interest pursuant to 5 U.S.C.
553(b).
In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forgo notice and
comment.
Regulatory Flexibility Act (RFA)
The requirements of the RFA do not apply when an agency finds good
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and
comment. Because the FAA has determined that it has good cause to adopt
this rule without notice and comment, RFA analysis is not required.
Costs of Compliance
The FAA estimates that this AD affects 86 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 per Cost on U.S.
Action Labor cost Parts cost product operators
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AFM Revision.................. 1 work-hour x $85 per hour = $85 $0 $85 $7,310
MEL Revision.................. 1 work-hour x $85 per hour = $85 0 85 7,310
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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
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, and
(2) Will not affect intrastate aviation in Alaska.
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(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
2025-09-07 Airbus SAS: Amendment 39-23028; Docket No. FAA-2025-0745;
Project Identifier MCAI-2025-00187-T.
(a) Effective Date
This airworthiness directive (AD) is effective May 15, 2025.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus SAS Model A330-243, -243F, -841, and -
941 airplanes, certificated in any category, with the digital
[[Page 17891]]
radio management panel (RMP) function installed by Airbus
modification 207423.
(d) Subject
Air Transport Association (ATA) of America Code 23,
Communications.
(e) Unsafe Condition
This AD was prompted by reports of loss of data synchronization
between RMPs and the audio management unit (AMU). The FAA is issuing
this AD to address loss of radio communication, uncommanded changes
of transponder and traffic alert and collision avoidance system
(TCAS) settings, and activation of standby navigation mode on all
RMPs. This condition, if not corrected, could result in total loss
of radio communication if RMP 3 is inoperative prior to dispatch,
including loss of transponder functionality and standby navigation.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Airplane Flight Manual (AFM) Revision
Within 7 days after the effective date of this AD, revise the
Emergency Procedures section of the existing AFM to include the
information in figure 1 to paragraph (g) of this AD. This may be
done by inserting a copy of figure 1 to paragraph (g) of this AD
into the existing AFM. Using a different document with information
identical to that contained in figure 1 to paragraph (g) of this AD
is acceptable for compliance with the requirements of this
paragraph.
Figure 1 to Paragraph (g)--AFM Procedure
[GRAPHIC] [TIFF OMITTED] TR30AP25.053
(h) Minimum Equipment List (MEL) Revision
Before further flight after accomplishing the requirements of
paragraph (g) of this AD, revise the existing FAA-approved MEL to
prohibit airplane dispatch (operation) with an inoperative RMP 3
under the MEL item equivalent to FAA master minimum equipment list
(MMEL) 23-81-01.
(i) Credit for Previous Actions
(1) This paragraph provides credit for the AFM revision required
by paragraph (g) of this AD, if the revision was performed before
the effective date of this AD using Airbus A330/A340 Operations
Engineering Bulletin (OEB) 58, issue 1.0, dated February 7, 2025.
(2) This paragraph provides credit for the AFM revision required
by paragraph (g) of this AD, if the revision was performed before
the effective date of this AD using Airbus A330 Airplane Flight
Manual Temporary Revision TR819, Issue 1, dated March 6, 2025.
(j) Additional AD Provisions4
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
AIR-520, Continued Operational Safety Branch, FAA, send it to the
attention of the person identified in paragraph (k)(1) of this AD
and email 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 European Union Aviation
Safety Agency (EASA); or Airbus SAS's EASA Design Organization
Approval (DOA). If approved by the DOA, the approval must include
the DOA-authorized signature.
(k) Additional Information
(1) For more information about this AD, contact James Clary,
Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA
98198; phone: 817-222-5138; email: [email protected].
(2) Material identified in this AD that is not incorporated by
reference is available at Airbus SAS, Airworthiness Office--EAL,
Rond-Point Emile Dewoitine No: 2, 31700 Blagnac Cedex, France;
telephone +33 5 61 93 36 96; fax +33 5 61 93 45 80; email
airbus.com">airworthiness.A330-A340@airbus.com; website airbus.com.
(l) Material Incorporated by Reference
None.
Issued on April 25, 2025.
Peter A. White,
Deputy Director, Integrated Certificate Management Division, Aircraft
Certification Service.
[FR Doc. 2025-07453 Filed 4-25-25; 4:15 pm]
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