[Federal Register Volume 90, Number 98 (Thursday, May 22, 2025)]
[Rules and Regulations]
[Pages 21853-21855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-09223]
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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;
Amendment 39-23037; AD 2025-10-03]
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
certain Airbus SAS Model A350-941 and -1041 airplanes. This AD was
prompted by a determination that new or more restrictive airworthiness
limitations are necessary. This AD requires 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 incorporated by
reference. The FAA is issuing this AD to address the unsafe condition
on these products.
DATES: This AD is effective June 26, 2025.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of June 26,
2025.
ADDRESSES:
AD Docket: You may examine the AD docket at regulations.gov 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 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]. 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-2025-0205.
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 certain Airbus SAS
Model A350-941 and -1041 airplanes. The NPRM was published in the
Federal Register on February 19, 2025 (90 FR 9881). The NPRM was
prompted by AD 2024-0180, dated September 17, 2024, issued by EASA,
which is the Technical Agent for the Member States of the European
Union (EASA AD 2024-0180) (also referred to as the MCAI). The MCAI
states that new or more restrictive airworthiness limitations have been
developed.
In the NPRM, the FAA proposed to require revising the existing
maintenance or inspection program, as applicable, to incorporate new or
more restrictive airworthiness limitations, as specified in EASA AD
2024-0180. The FAA also proposed to 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 issuing 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 regulations.gov under
Docket No. FAA-2025-0205.
[[Page 21854]]
Discussion of Final Airworthiness Directive
Comments
The FAA received comments from two commenters including Air Line
Pilots Association, International (ALPA), and an individual who
supported the NPRM without change.
Conclusion
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 reviewed the relevant
data, considered any 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, 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 2024-0180. This material specifies new or
more restrictive airworthiness limitations for fuel tank ignition
prevention and fuel tank flammability reduction that include 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.
Costs of Compliance
The FAA estimates that this AD affects 33 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this 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
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(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
2025-10-03 Airbus SAS: Amendment 39-23037; Docket No. FAA-2025-0205;
Project Identifier MCAI-2024-00537-T.
(a) Effective Date
This airworthiness directive (AD) is effective June 26, 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
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.
(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.
[[Page 21855]]
(i) Provisions for Alternative Actions, Intervals, and Critical Design
Configuration Control Limitations (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, 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: [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.
(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 [email protected].
(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 [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 7, 2025.
Peter A. White,
Deputy Director, Integrated Certificate Management Division, Aircraft
Certification Service.
[FR Doc. 2025-09223 Filed 5-21-25; 8:45 am]
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