[Federal Register Volume 90, Number 100 (Tuesday, May 27, 2025)]
[Rules and Regulations]
[Pages 22199-22203]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-09416]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2025-0913; Project Identifier MCAI-2025-00177-T;
Amendment 39-23048; AD 2025-11-02]
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 A319-151N, -153N, -171N, and -173N airplanes;
A320-251N, -252N, -253N, -271N, -272N, and -273N airplanes; A321-251N,
-251NX, -252N, -252NX, -253N, -253NX, -253NY, -271N, -271NX, -272N, and
-272NX airplanes. This AD was prompted by reports of lost
synchronization between radio management panels (RMPs). This AD
requires revising the existing airplane flight manual (AFM) by
providing instructions to address dual loss of RMP data
synchronization. The FAA is issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective June 11, 2025.
[[Page 22200]]
The FAA must receive comments on this AD by July 11, 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-2025-0913; 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: Frank Carreras, Aviation Safety
Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; phone: 206-
231-3539; 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 using a method listed under
the ADDRESSES section. Include ``Docket No. FAA-2025-0913; Project
Identifier MCAI-2025-00177-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 Frank
Carreras, Aviation Safety Engineer, FAA, 2200 South 216th St., Des
Moines, WA 98198; phone: 206-231-3539; 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
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2025-0037, dated February 12, 2025
(EASA AD 2025-0037) (also referred to as the MCAI), to correct an
unsafe condition for Airbus SAS Model A319-151N, -153N, -171N, and -
173N airplanes; A320-251N, -252N, -253N, -271N, -272N, and -273N
airplanes; A321-251N, -251NX, -252N, -252NX, -253N, -253NX, -253NY, -
271N, 271NX, -272N, and -272NX airplanes having Airbus modification
162344 or 168460, except those having Airbus modification 165670
installed in production. The MCAI states occurrences of lost
synchronization between RMPs were reported, and that these occurrences
led to loss of communications means (RMP data synchronization and very
high frequency (VHF) communications) on the digital radio and audio
integrating management system (DRAIMS). This condition, if not
corrected, could result in total loss of radio communications,
including loss of transponder functionality and standby navigation.
Accordingly, EASA AD 2025-0037 describes procedures for revising
the existing AFM by providing instructions to address dual loss of RMP
data synchronization. The FAA has specified those instructions in
figure 1 and 2 to paragraph (g) of this AD. Where the figures refer to
airplanes with Modification 162344, the figures also apply to airplanes
with Modification 168460 because Modification 162344 is a prerequisite
for modification 168460.
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-2025-0913.
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 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 revising the existing AFM by providing
instructions to address dual loss of RMP data synchronization.
Compliance With AFM Revision
EASA AD 2025-0037 requires operators to ``inform all flight crews''
of revision to the AFM, and thereafter to ``operate the aeroplane
accordingly.'' However, this AD does not specifically require that
action as that action is 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.
Therefore, including a requirement in this AD to operate the
airplane according to the revised AFM would be redundant and
unnecessary.
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.
[[Page 22201]]
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 lost synchronization between RMPs can lead to loss of
communications means (RMP data synchronization and VHF communications)
on DRAIMS, which could result in total loss of radio communications,
transponder functionality, and standby navigation, impacting the
flightcrew's ability to safely navigate, avoid air traffic collisions,
and safely land the airplane. Additionally, the compliance time in this
AD for the required action is 7 days, which is shorter 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 544 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.
Labor cost Parts cost product operators
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1 work-hour x $85 per hour = $0 $85 $46,240
$85.........................
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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:
2025-11-02 Airbus SAS: Amendment 39-23048; Docket No. FAA-2025-0913;
Project Identifier MCAI-2025-00177-T.
(a) Effective Date
This airworthiness directive (AD) is effective June 11, 2025.
(b) Affected ADs
None.
(c) Applicability
This AD applies to the Airbus SAS Model airplanes identified in
paragraphs (c)(1) through (3) of this AD, certificated in any
category, having Airbus modification 162344 or 168460, except for
airplanes having Airbus modification 165670 installed in production.
(1) Model A319-151N, -153N, -171N, and -173N airplanes.
(2) Model A320-251N, -252N, -253N, -271N, -272N, and -273N
airplanes.
(3) Model A321-251N, -251NX, -252N, -252NX, -253N, -253NX, -
253NY, -271N, -271NX, -272N, and -272NX airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 23,
Communications.
(e) Unsafe Condition
This AD was prompted by reports of lost synchronization between
radio management panels (RMPs). The FAA is issuing this AD to
address loss of communications means (RMP data synchronization and
very high frequency (VHF) communications) on the digital radio and
audio integrating management system (DRAIMS). This condition, if not
corrected, could result in total loss of radio communications,
including 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
[[Page 22202]]
information in figure 1 or figure 2 to paragraph (g) of this AD, as
applicable. This may be done by inserting a copy of figure 1 or
figure 2 to paragraph (g) of this AD, as applicable, into the
existing AFM. Using a different document with information identical
to that contained in figure 1 or figure 2 to paragraph (g) of this
AD, as applicable, is acceptable for compliance with the
requirements of this paragraph.
Figure 1 to Paragraph (g)--AFM Procedure for Airplanes With Airbus
Modification 162344 and Modification 162367
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[GRAPHIC] [TIFF OMITTED] TR27MY25.003
Figure 2 to Paragraph (g)--AFM Procedure for Airplanes With Airbus
Modification 162344 and Not Modification 162367
[GRAPHIC] [TIFF OMITTED] TR27MY25.004
[[Page 22203]]
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(h) 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 A318/A319/A320/A321
Operations Engineering Bulletin (OEB) 63, 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 A318/A319/A320/A321
Airplane Flight Manual Temporary Revision TR816, Issue 1, dated
February 19, 2025; or Airbus A318/A319/A320/A321 Airplane Flight
Manual Temporary Revision TR817, Issue 1, dated February 19, 2025,
as applicable.
(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
AIR-520, Continued Operational Safety Branch, send it to the
attention of the person identified in paragraph (j)(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 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
(1) For more information about this AD, contact Frank Carreras,
Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA
98198; phone: 206-231-3539; email: [email protected].
(2) For Airbus material identified in this AD that is not
incorporated by reference, contact 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.
(k) Material Incorporated by Reference
None.
Issued on May 19, 2025.
Peter A. White,
Deputy Director, Integrated Certificate Management Division, Aircraft
Certification Service.
[FR Doc. 2025-09416 Filed 5-21-25; 11:15 am]
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