[Federal Register Volume 90, Number 95 (Monday, May 19, 2025)]
[Proposed Rules]
[Pages 21242-21244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-08399]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 90, No. 95 / Monday, May 19, 2025 / Proposed
Rules
[[Page 21242]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2025-0755; Project Identifier MCAI-2024-00633-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 supersede Airworthiness Directive (AD)
2020-06-18, which applies to all Airbus SAS Model A318 series
airplanes; A319 series airplanes; A320-211, -212, -214, -216, -231, -
232, -233, -251N, -252N, -253N, -271N, -272N, and -273N airplanes; and
A321 series airplanes. AD 2020-06-18 requires replacement of affected
trimmable horizontal stabilizer actuators (THSAs) with serviceable
THSAs. Since the FAA issued AD 2020-06-18, a new Airbus airplane model
(A321-253NY) has been certified, on which affected parts could be
installed in service. This proposed AD would continue to require the
actions in AD 2020-06-18, would revise the applicability to include
Model A321-253NY airplanes, and would prohibit the installation of
affected parts, 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 July 3,
2025.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
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-2025-0755; 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:
For EASA material identified in this proposed AD, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email [email protected]. You may find this material on the
EASA website at ad.easa.europa.eu. It is also available at
regulations.gov under Docket No. FAA-2025-0755.
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: Timothy Dowling, Aviation Safety
Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
206-231-3667; email [email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments using a method listed
under the ADDRESSES section. Include ``Docket No. FAA-2025-0755;
Project Identifier MCAI-2024-00633-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
regulations.gov, 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
Timothy Dowling, Aviation Safety Engineer, FAA, 2200 South 216th St.,
Des Moines, WA 98198; telephone 206-231-3667; 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 FAA issued AD 2020-06-18, Amendment 39-19887 (85 FR 18428,
April 2, 2020) (AD 2020-06-18), for all Airbus SAS Model A318-111, -
112, -121, and -122 airplanes; Model A319-111, -112, -113, -114, -115,
-131, -132, -133, -151N, -153N, and -171N airplanes; Model A320-211, -
212, -214, -216, -231, -232, -233, -251N, -252N, -253N, -271N, -272N,
and -273N airplanes; and Model A321-111, -112, -131, -211, -212, -213,
-231, -232, -251N, -251NX, -252N, -252NX, -253N, -253NX, -271N, -271NX,
-272N, and -272NX airplanes. AD 2020-06-18 was prompted by an MCAI
originated by EASA, which is the Technical Agent for the Member States
[[Page 21243]]
of the European Union. EASA issued AD 2020-0073, dated March 6, 2020
(EASA 2020-0073), to correct an unsafe condition.
AD 2020-06-18 requires replacement of affected THSAs with
serviceable THSAs. The FAA issued AD 2020-06-18 to address improper
installation of the THSA ball screw jack, which can compromise the
failsafe design of the THSA.
Actions Since AD 2020-06-18 Was Issued
Since the FAA issued AD 2020-06-18, EASA superseded EASA AD 2020-
0073 and issued EASA AD 2024-0203, dated October 22, 2024 (EASA AD
2024-0203) (also referred to as the MCAI), to correct an unsafe
condition for all Airbus SAS Model A318-111, -112, -121, and -122
airplanes; Model A319-111, -112, -113, -114, -115, -131, -132, -133, -
151N, -153N, and -171N airplanes; Model A320-211, -212, -214, -215, -
216, -231, -232, -233, -251N, -252N, -253N, -271N, -272N, and -273N
airplanes; and Model A321-111, -112, -131, -211, -212, -213, -231, -
232, -251N, -251NX, -252N, -252NX, -253N, -253NX, -253NY, -271N, -
271NX, -272N, 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 proposed AD therefore does not include
those airplanes in the applicability. The MCAI states a new airplane
model (A321-253NY) has been certified by EASA, on which affected parts
could be installed in service. EASA AD 2024-0203 extends the
applicability to include Model A321-253NY airplanes and prohibits
installation of affected parts on those airplanes in service.
The FAA is proposing this AD to address improper installation of
the THSA ball screw jack, which can compromise the failsafe design of
the THSA. The unsafe condition, if not addressed, could compromise the
failsafe THSA function, possibly resulting in loss of control of the
airplane. You may examine the MCAI in the AD docket at regulations.gov
under Docket No. FAA-2025-0755.
Explanation of Retained Requirements
Although this proposed AD does not explicitly restate the
requirements of AD 2020-06-18, this proposed AD would retain all of the
requirements of AD 2020-06-18. Those requirements are referenced in
EASA AD 2024-0203, which, in turn, is referenced in paragraph (g) of
this proposed AD.
Material Incorporated by Reference Under 1 CFR Part 51
EASA AD 2024-0203 specifies procedures for replacing affected THSAs
with serviceable THSAs. EASA AD 2024-0203 also prohibits the
installation of affected parts. 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
These products have been approved by the civil aviation authority
of another country and are approved for operation in the United States.
Pursuant to the FAA's bilateral agreement with this State of Design
Authority, that authority 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 2024-0203 described previously, except for any differences
identified as exceptions in the regulatory text 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 2024-0203 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2024-0203 its entirety through that incorporation, except for
any differences identified as exceptions in the regulatory text of this
AD. Using common terms that are the same as the heading of a particular
section in EASA AD 2024-0203 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 2024-0203. Material required by
EASA AD 2024-0203 for compliance will be available at regulations.gov
under Docket No. FAA-2025-0755 after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 90 airplanes of U.S. registry. For airplanes affected by AD
2020-06-18, and for any affected airplane that is imported and placed
on the U.S. Register in the future, the FAA estimates the following
costs to comply with this AD:
Estimated Costs for Required Actions
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Action Labor cost Parts cost Cost per product Cost on U.S. operators
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Replacement............ Up to 8 work-hours $326,608 Up to $327,288... Up to $29,455,920.
x $85 per hour =
Up to $680.
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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
[[Page 21244]]
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:
0
a. Removing Airworthiness Directive (AD) 2020-06-18, Amendment 39-19887
(85 FR 18428, April 2, 2020); and
0
b. Adding the following new AD:
Airbus SAS: Docket No. FAA-2025-0755; Project Identifier MCAI-2024-
00633-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by July 3, 2025.
(b) Affected ADs
This AD replaces AD 2020-06-18, Amendment 39-19887 (85 FR 18428,
April 2, 2020) (AD 2020-06-18)
(c) Applicability
This AD applies to all Airbus SAS airplanes identified 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, -251NX, -252N, -252NX, -253N, -253NX, -253NY, -271N, -271NX, -
272N, and -272NX airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 27, Flight
controls.
(e) Unsafe Condition
This AD was prompted by a maintenance repair organization's
report of deviations from the component maintenance manual
acceptance test procedure for certain trimmable horizontal
stabilizer actuators (THSAs). This AD was also prompted by a
determination that affected parts could also be installed on Model
A321-253NY airplanes. The FAA is issuing this AD to address improper
installation of the THSA ball screw jack, which can compromise the
failsafe design of the THSA. The unsafe condition, if not addressed,
could result in uncontrolled movement of the horizontal stabilizer
as a result of a single failure of the THSA, and consequent 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
2024-0203, dated October 22, 2024 (EASA AD 2024-0203).
(h) Exceptions to EASA AD 2024-0203
(1) Where EASA AD 2024-0203 refers to ``02 April 2020 [the
effective date of EASA AD 2020-0073]'', this AD requires using
``April 2, 2020 (the effective date of AD 2020-26-18)''.
(2) Where EASA AD 2024-0203 refers to its effective date, this
AD requires using the effective date of this AD.
(3) Where EASA AD 2024-0203 defines a serviceable part as ``Any
THSA, eligible for installation in accordance with Airbus
instructions, which is not an affected part'' this AD requires
replacing that text with ``Any THSA, eligible for installation, that
is not an affected part''.
(4) This AD does not adopt the ``Remarks'' section of EASA AD
2024-0203.
(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:
[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 Design Organization Approval (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 contains procedures or
tests that are identified as RC, those 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.
(j) Additional Information
For more information about this AD, contact Timothy Dowling,
Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA
98198; telephone 206-231-3667; email [email protected].
(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 2024-0203,
dated October 22, 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 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 www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].
Issued on May 8, 2025.
Peter A. White,
Deputy Director, Integrated Certificate Management Division, Aircraft
Certification Service.
[FR Doc. 2025-08399 Filed 5-16-25; 8:45 am]
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