[Federal Register Volume 90, Number 245 (Monday, December 29, 2025)]
[Rules and Regulations]
[Pages 60563-60566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-23858]
[[Page 60563]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2025-5390; Project Identifier MCAI-2025-01470-T;
Amendment 39-23220; AD 2025-25-12]
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 superseding Airworthiness Directive (AD) 2025-13-
12, which applied to all Airbus SAS Model A350-941 and -1041 airplanes.
AD 2025-13-12 required replacement of any affected elevator flight
control remote module (FCRM), prohibited the installation of aileron or
spoiler FCRMs in place of elevator or rudder FCRMs, and limited the
installation of FCRMs under certain conditions. Since the FAA issued AD
2025-13-12, the manufacturer developed a modification that eliminates
the unsafe condition. This AD continues to require the actions of AD
2025-13-12. This AD also requires installation of the flight control
and guidance system (FCGS) primary computer (PRIM) P14.1.3 and
secondary computer (SEC) S14.1.2 software standards and prohibits
installation of earlier software standards. The FAA is issuing this AD
to address the unsafe condition on these products.
DATES: This AD is effective January 13, 2026.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 13,
2026.
The FAA must receive comments on this AD by February 12, 2026.
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-2025-5390; 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-2025-5390.
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-2025-5390; Project
Identifier MCAI-2025-01470-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
The FAA issued AD 2025-13-12, Amendment 39-23078 (90 FR 30577, July
10, 2025) (AD 2025-13-12), for all Model A350-941 and -1041 airplanes.
AD 2025-13-12 was prompted by an MCAI originated by EASA, which is the
Technical Agent for the Member States of the European Union. EASA
issued AD 2025-0129, dated June 5, 2025 (EASA AD 2025-0129), to correct
an unsafe condition. EASA AD 2025-0129 states that an occurrence of
loss of control of an outboard aileron surface was reported. Subsequent
investigations determined that the electronic card of the FCRM of that
aileron had been contaminated by hydraulic fluid. In addition, EASA
determined that certain servocontrols were exposed to hydraulic
contamination before delivery of the airplane to its first operator.
Due to the similarity of design, elevator and rudder FCRMs could be
subject to the same failure mode. EASA AD 2025-0129 also stated the AD
was considered an interim action and that further AD action might
follow.
AD 2025-13-12 required replacement of any affected elevator FCRM
and prohibited the installation of aileron or spoiler FCRMs in place of
elevator or rudder FCRMs. AD 2025-13-12 also limited the installation
of aileron or spoiler FCRMs in place of elevator or rudder FCRMs. The
FAA issued AD 2025-13-12 to address the unsafe condition on all Model
A350-941 and -1041 airplanes.
Actions Since AD 2025-13-12 Was Issued
Since the FAA issued AD 2025-13-12, EASA superseded EASA AD 2025-
0129 with EASA AD 2025-0197R1,
[[Page 60564]]
dated September 26, 2025 (EASA AD 2025-0197R1) (also referred to as the
MCAI), to correct an unsafe condition for all Airbus SAS Model A350-941
and -1041 airplanes. After issuance of EASA AD 2025-0129, Airbus
developed a modification, which includes installing FCGS PRIM P14.1.3
and SEC S14.1.2 software standards, to eliminate the unsafe condition.
The preamble to AD 2025-13-12 explained that the FAA considered
that AD an interim action. The FAA has determined that further
rulemaking is indeed necessary to mandate the terminating action
developed by the airplane manufacturer.
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-2025-5390.
Explanation of Retained Requirements
Although this AD does not explicitly restate the requirements of AD
2025-13-12, this AD retains all of the requirements of AD 2025-13-12.
Those requirements are referenced in EASA AD 2025-0197R1, which, in
turn, is referenced in paragraph (g) of this AD.
Material Incorporated by Reference Under 1 CFR Part 51
The FAA reviewed EASA AD 2025-0197R1. This material describes
procedures for replacing affected FCRMs, which have been exposed to
hydraulic fuel contamination, with serviceable FCRMs and repairing any
related hydraulic leaks. EASA AD 2025-0197R1 prohibits ``swapping''
elevator or rudder FCRMs with spoiler or aileron FCRMs and installing
an FCRM unless it is a serviceable FCRM. EASA AD 2025-0197R1 also
describes procedures for modifying the FCGS by installing PRIM P14.1.3
and SEC S14.1.2 software standards and prohibits installation of
earlier FCGS software standards after modification. EASA AD 2025-0197R1
specifies that the modification terminates the replacement of affected
FCRMs, the prohibition for swapping elevator or rudder FCRMs with
spoiler or aileron FCRMs, and the limitation for installing only a
serviceable FCRM.
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.
AD Requirements
This AD retains all requirements of AD 2025-13-12. This AD requires
accomplishing the actions specified in EASA AD 2025-0197R1 described
previously, except for any differences identified as exceptions in the
regulatory text of this 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,
EASA AD 2025-0197R1 is incorporated by reference in this AD. This AD
requires compliance with EASA AD 2025-0197R1 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 2025-0197R1 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 2025-0197R1. Material required by EASA AD 2025-0197R1 for
compliance will be available at regulations.gov under Docket No. FAA-
2025-5390 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 an aileron FCRM electronic card exposed to hydraulic fluid has
led to loss of control of an outboard aileron surface, and elevator and
rudder FCRM electronic cards exposed to hydraulic fluid are also
subject to failure due to their similarity of design. Control of the
airplane is significantly degraded through the loss of control of an
elevator or rudder surface, resulting in loss of control of the
airplane. To mitigate this unsafe condition, the FAA issued interim AD
2025-13-12 to require replacement of affected FCRMs. However, those
replacements are not repetitive, and the modification must be
accomplished to eliminate the unsafe condition. 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
The requirements of the Regulatory Flexibility Act (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 39 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
[[Page 60565]]
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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Retained actions from AD 2025- 12 work-hours x * $110,256 Up to $111,276........ Up to $4,339,764.
13-12. $85 per hour =
$1,020.
New actions.................. 14 work-hours x 1,044 $2,234................ $87,126.
$85 per hour =
$1,190.
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* Parts cost if all four FCRMs are replaced.
The FAA estimates the following costs to do any necessary on-
condition action that would be required based on the results of any
required actions. The FAA has no way of determining the number of
aircraft that might need this on-condition action:
Estimated Costs of On-Condition Actions
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Labor cost Parts cost Cost per product
------------------------------------------------------------------------
3 work-hours x $85 per hour = Up to $27,564... Up to $27,819.
$255.
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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:
0
a. Removing Airworthiness Directive 2025-13-12, Amendment 39-23078 (90
FR 30577, July 10, 2025); and
0
b. Adding the following new airworthiness directive:
2025-25-12 Airbus SAS: Amendment 39-23220; Docket No. FAA-2025-5390;
Project Identifier MCAI-2025-01470-T.
(a) Effective Date
This airworthiness directive (AD) is effective January 13, 2026.
(b) Affected ADs
This AD replaces AD 2025-13-12, Amendment 39-23078 (90 FR 30577,
July 10, 2025) (AD 2025-13-12).
(c) Applicability
This AD applies to all Airbus SAS Model A350-941 and -1041
airplanes, certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code 27, Flight
Controls.
(e) Reason
This AD was prompted by a report of loss of control of an
outboard aileron surface due to hydraulic fluid contaminating an
electronic card of the flight control remote module (FCRM). The FAA
is issuing this AD to address FCRM electronic cards exposed to
hydraulic fluid contamination. This condition, if not detected and
corrected, could lead to runaway of rudder or elevator surface,
resulting in 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
2025-0197R1, dated September 26, 2025 (EASA AD 2025-0197R1).
(h) Exceptions to EASA AD 2025-0197R1
(1) Where EASA AD 2025-0197R1 refers to ``07 May 2025 [the
effective date of EASA AD 2025-0099],'' this AD requires using July
25, 2025 (the effective date of AD 2025-13-12).
(2) Where EASA AD 2025-0197R1 refers to ``12 June 2025 [the
effective date of EASA AD 2025-0129],'' this AD requires using July
25, 2025 (the effective date of AD 2025-13-12).
(3) Where EASA AD 2025-0197R1 refers to its effective date, this
AD requires using the effective date of this AD.
(4) Where paragraph (1) of EASA AD 2025-0197R1 states ``do not
swap'', this AD requires replacing that text with ``do not
replace''.
(5) Where paragraph (2) of EASA AD 2025-0197R1 states ``is
reported on an aeroplane'', this AD requires replacing that text
with ``is documented in the aircraft maintenance records or has been
reported to Airbus''.
(6) Where table 1 of EASA AD 2025-0197R1 states ``close to'',
this AD requires replacing that text with ``adjacent to''.
(7) Where paragraph (13) of EASA AD 2025-0197R1 specifies
installing certain software standards on the airplane in accordance
with Airbus approved instructions, for this AD, those instructions
must be approved using a method specified in paragraph (j)(2) of
this AD.
(8) This AD does not adopt the ``Remarks'' section of EASA AD
2025-0197R1.
[[Page 60566]]
(i) No Reporting Requirement
Although material referenced in EASA AD 2025-0197R1 specifies to
submit certain information to the manufacturer, this AD does not
include that requirement.
(j) 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 (k) of this AD and email to:
[email protected].
(i) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
(ii) AMOCs approved previously for AD 2025-13-12 are approved as
AMOCs for the corresponding provisions of EASA AD 2025-0197R1 that
are required by paragraph (g) of this AD.
(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 (j)(2) of this AD, where the service bulletins referenced
in EASA AD 2025-0197R1 contain procedures or tests that are
identified as RC, those procedures and tests must be done to comply
with this AD; and where the alert operators transmission (AOT)
referenced in EASA AD 2025-0197R1 contains paragraphs that are
labeled as RC, the instructions in RC paragraphs, including
subparagraphs under and RC paragraph, must be done to comply with
this AD. Any procedures or tests, and instructions in paragraphs
including subparagraphs under those paragraphs, as applicable, that
are not identified as RC are recommended. Procedures and tests, and
instructions in paragraphs including subparagraphs under those
paragraphs, as applicable, 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, tests, and
instructions, as applicable, identified as RC can be done and the
airplane can be put back in an airworthy condition. Any
substitutions or changes to procedures, tests, or instructions, as
applicable, identified as RC require approval of an AMOC.
(k) 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].
(l) 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 Aviation Safety Agency (EASA) AD 2025-0197R1, dated
September 26, 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 December 19, 2025.
Peter A. White,
Deputy Director, Integrated Certificate Management Division, Aircraft
Certification Service.
[FR Doc. 2025-23858 Filed 12-22-25; 11:15 am]
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