[Federal Register Volume 90, Number 155 (Thursday, August 14, 2025)]
[Rules and Regulations]
[Pages 39102-39106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-15482]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2025-1733; Project Identifier MCAI-2025-00762-T;
Amendment 39-23110; AD 2025-16-12]
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 all
Airbus SAS Model A319-151N, -153N, -171N, and -173N airplanes; Model
A320-251N, -252N, -253N, -271N, -272N, and -273N airplanes; and Model
A321-251N, -252N, -253N, -271N, -272N, -251NX, -252NX, -253NX, -271NX,
-272NX, -253NY, and -271NY airplanes. This AD was prompted by
occurrences of high-pressure bleed valve (HPV) butterfly seal retention
clip rupture. This AD requires revising the existing airplane flight
manual (AFM) and the existing FAA-approved minimum equipment list
(MEL), allows replacement of each affected HPV as an optional
terminating action, and
[[Page 39103]]
prohibits the installation of affected parts. The FAA is issuing this
AD to address the unsafe condition on these products.
DATES: This AD is effective August 29, 2025.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of August 29,
2025.
The FAA must receive comments on this AD by September 29, 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-2025-1733; 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.
Material Incorporated by Reference:
For European Union Aviation Safety Agency (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-2025-1733.
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-2025-1733; Project
Identifier MCAI-2025-00762-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 2025-0096, dated April 28, 2025
(EASA AD 2025-0096) (also referred to as ``the MCAI''), to correct an
unsafe condition for all Airbus SAS Model A319-151N, -153N, -171N, and
-173N airplanes; Model A320-251N, -252N, -253N, -271N, -272N, and -273N
airplanes; and Model A321-251N, -252N, -253N, -271N, -272N, -251NX, -
252NX, -253NX, -271NX, -272NX, -253NY, and -271NY airplanes. The MCAI
states that occurrences were reported of HPV butterfly seal retention
clip rupture, which causes the butterfly seals to no longer be retained
in the butterfly groove. This may increase internal leakage, triggering
an alert that the HPV has failed in the open condition. It may also
release foreign object debris, which could damage the systems (e.g.,
engine bleed air system and pneumatic system) downstream from the HPV
on the engine pylon and wing. This condition, if not detected and
corrected, could lead to high pressure and temperatures in the duct
downstream from the pressure regulating valve, which could result in
duct burst, damage to several systems or the airframe, and consequent
loss of control of the airplane.
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-2025-1733.
Material Incorporated by Reference Under 1 CFR Part 51
The FAA reviewed EASA AD 2025-0096, which specifies procedures for
amending the existing AFM by incorporating a temporary revision,
implementing a master MEL (MMEL) update, and repetitively replacing
each affected HPV clip. EASA AD 2025-0096 includes an optional
terminating action of replacing each affected HPV with a non-affected
HPV and prohibits installing an affected HPV on any airplane. 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 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
2025-0096 described previously, except for any differences identified
as exceptions in the regulatory text of this AD. See ``Differences
Between this AD and the MCAI'' for a discussion of the general
differences included in this AD.
[[Page 39104]]
Differences Between This AD and the MCAI
Paragraph (4) of EASA AD 2025-0096 specifies repetitively replacing
each affected HPV clip with another affected HPV clip at intervals not
to exceed 4,000 flight hours or 2,000 flight cycles, whichever occurs
later. The initial replacement must be done at the later time of either
(1) before exceeding 4,000 flight hours or 2,000 flight cycles,
whichever occurs first since the affected HPV clip was installed; or
(2) within 2,500 flight hours or 1,250 flight cycles, whichever occurs
first from the effective date of EASA AD 2025-0096. The FAA is
considering requiring this repetitive replacement. However, the planned
compliance time would allow enough time to give the public an
opportunity to comment on the merits of the replacement and the unsafe
condition is being addressed through the revision of the AFM and MEL.
Therefore, this AD does not adopt the requirements of paragraph (4) of
EASA AD 2025-0096. However, operators may still do these optional
repetitive replacements.
Compliance With AFM and MEL Revisions
EASA AD 2025-0096 requires operators to ``inform all flight crew''
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 operators furnish to pilots any changes to the
AFM (for example, 14 CFR 121.137), and to ensure the 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 existing 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. Section 121.628 (a)(2) requires operators to provide pilots with
access to all the information contained in the operator's MEL.
Furthermore, 14 CFR 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 and MEL would be
redundant and unnecessary.
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,
EASA AD 2025-0096 is incorporated by reference in this AD. This AD
requires compliance with EASA AD 2025-0096 in 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 2025-0096 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
2025-0096. Material required by EASA AD 2025-0096 for compliance will
be available at regulations.gov under Docket No. FAA-2025-1733 after
this AD is published.
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 a ruptured HPV butterfly seal retention clip allows the seals
to move, partially or totally, from their original position, increasing
internal leakage and leading to an HPV Fail Open alert triggering
condition. This rupture and movement could lead to the release of
foreign object debris and subsequent damage to downstream systems on
the engine pylon and wing, including the pressure regulating valve.
This could lead to high pressure and temperatures in the duct
downstream from the pressure regulating valve and possible duct burst,
damage to systems or the airframe, and loss of control of the airplane.
Additionally, the compliance time in this AD 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 554 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for AFM and MEL Revision
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Cost per Cost on U.S.
Labor cost Parts cost product operators
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2 work-hours x $85 per hour = $170........................... $0 $170 $94,180
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[[Page 39105]]
Estimated Costs for HPV Replacement
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Cost per
Labor cost Parts cost product
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32 work-hours x $85 per hour = $2,720. $2,800 $5,520
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The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or all of the costs of
this AD may be covered under warranty, thereby reducing the cost impact
on affected operators
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:
2025-16-12 Airbus SAS: Amendment 39-23110; Docket No. FAA-2025-1733;
Project Identifier MCAI-2025-00762-T.
(a) Effective Date
This airworthiness directive (AD) is effective August 29, 2025.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Airbus SAS airplanes identified in
paragraphs (c)(1) through (3) of this AD, certificated in any
category.
(1) Model A319-151N, -153N, -171N, and -173N airplanes.
(2) Model A320-251N, -252N, -253N, -271N, -272N, and -273N
airplanes.
(3) Model A321-251N, -252N, -253N, -271N, -272N, -251NX, -252NX,
-253NX, -271NX, -272NX, -253NY, and -271NY airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 36, Pneumatic.
(e) Unsafe Condition
This AD was prompted by occurrences of high-pressure bleed valve
(HPV) butterfly seal retention clip rupture. The FAA is issuing this
AD to address high pressure and temperatures in the duct downstream
from the pressure regulating valve, which could lead to duct burst
and result in damage to several systems or the airframe 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
2025-0096, dated April 28, 2025 (EASA AD 2025-0096).
(h) Exceptions to EASA AD 2025-0096
(1) Where EASA AD 2025-0096 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Where paragraphs (1) and (3) of EASA AD 2025-0096 specify to
``inform all flight crews, and, thereafter, operate the aeroplane
accordingly,'' this AD does not require those actions as those
actions are already required by existing FAA operating regulations
(see 14 CFR 91.9, 91.505, 121.137, 121.628(a)(2) and 121.628(a)(5)).
(3) Where paragraph (3) of EASA AD 2025-0096 specifies to
``implement the instructions of the MMEL update, as applicable,
depending on aeroplane configuration (see Note 1 of this AD), on the
basis of which the operator's MEL must be amended'', this AD
requires replacing that text with ``revise the operator's existing
FAA-approved MEL by incorporating the applicable information
identified in ``The MMEL update'' as defined in EASA AD 2024-0157''.
(4) Where the service information required by EASA AD 2025-0096
specifies discarding parts, this AD requires removing those parts
from service.
(5) This AD does not adopt the requirements specified in
paragraph (4) of EASA AD 2025-0096.
(6) This AD does not adopt the ``Remarks'' section of EASA AD
2025-0096.
(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 referenced in EASA AD
2025-0096 contains paragraphs that are labeled as
[[Page 39106]]
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 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 Frank Carreras,
Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA
98198; phone: 206-231-3539; 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 2025-0096,
dated April 28, 2025.
(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]. 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 August 8, 2025.
Lona C. Saccomando,
Acting Deputy Director, Integrated Certificate Management Division,
Aircraft Certification Service.
[FR Doc. 2025-15482 Filed 8-12-25; 2:00 pm]
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