[Federal Register Volume 83, Number 248 (Friday, December 28, 2018)]
[Rules and Regulations]
[Pages 67036-67038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-28067]



[[Page 67036]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-1062; Product Identifier 2018-NM-163-AD; Amendment 
39-19534; AD 2018-26-04]
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: We are adopting a new airworthiness directive (AD) for certain 
Airbus SAS Model A350-941 and -1041 airplanes. This AD was prompted by 
a report that due to an issue with the flight warning system (FWS) 
logic, it is possible that the ``AIR Auxiliary Power Unit (APU) BLEED 
LEAK'' electronic centralized aircraft monitoring (ECAM) alert can 
trigger several times. This AD requires revising the airplane flight 
manual (AFM) to incorporate procedures related to an APU bleed leak. We 
are issuing this AD to address the unsafe condition on these products.

DATES: This AD becomes effective January 14, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 14, 
2019.
    We must receive comments on this AD by February 11, 2019.

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 http://www.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: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For the incorporation by reference (IBR) material described in the 
``Related IBR material under 1 CFR part 51'' section in SUPPLEMENTARY 
INFORMATION, contact European Aviation Safety Agency (EASA), Konrad-
Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 89990 1000; 
email [email protected]; internet www.easa.europa.eu. You may find 
this IBR material on the EASA website at https://ad.easa.europa.eu. You 
may view this IBR material at the FAA, Transport Standards 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 in 
the AD docket on the internet at http://www.regulations.gov.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
1062; 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 AD, the regulatory evaluation, any comments received, and other 
information. The street address for Docket Operations (telephone 800-
647-5527) is in the ADDRESSES section. Comments will be available in 
the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Kathleen Arrigotti, Aerospace 
Engineer, International Section, Transport Standards Branch, FAA, 2200 
South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3218.

SUPPLEMENTARY INFORMATION: 

Discussion

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2018-0246, dated November 13, 2018 
(``EASA AD 2018-0246'') (also referred to as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for certain Airbus SAS Model A350-941 and -1041 airplanes. 
The MCAI states:

    Due to a misbehaviour in the establishment of the FWS logic, it 
is possible that the <> 
Electronic Centralized Aircraft Monitoring (ECAM) alert triggers 
several times. Therefore, several resets of the engine 1 bleed may 
need to be performed. Each time the flight crew performs an engine 1 
bleed reset, structural parts are exposed to hot air for several 
seconds.
    This condition, if not corrected, could lead to exposure of 
critical locations and surrounding structure to heat stress, 
possibly resulting in reduced structural integrity of the aeroplane.
    To address this potential unsafe condition, Airbus issued the 
AFM TR [temporary revision] to provide an updated procedure <> operations, and Flight Operations Transmission 
(FOT) 999.0062/18, informing operators that Airbus provides two 
different Temporary Quick Changes (ATQC) to the ECAM, as applicable, 
depending on the installed FWS standard, either STD S4/2.0 or STD 
S5/2.2.
    Installation of that ATQC is already required by EASA AD 2018-
0213, related to a different unsafe condition and is therefore not 
mandated again by this [EASA] AD [we are considering additional 
rulemaking to mandate incorporating the ATQCs].
    For the reasons described above, this [EASA] AD requires only 
the amendment of the applicable AFM to update the procedures related 
to <> operations.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2018-0246 describes procedures for revising the AFM to 
incorporate procedures related to an APU bleed leak. 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, and it is publicly available through the EASA 
website.

FAA's Determination

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI referenced 
above. We are issuing this AD because we evaluated all pertinent 
information and determined the unsafe condition exists and 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 
2018-0246 described previously.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA worked with Airbus and EASA to develop a process to 
use certain EASA ADs as the primary source of information for 
compliance with requirements for corresponding FAA ADs. As a result, 
EASA AD 2018-0246 will be incorporated by reference in the FAA final 
rule. This AD would, therefore, require compliance with the provisions 
specified in EASA AD 2018-0246, except for any differences identified 
as exceptions in the regulatory text of this AD. Service information 
specified in EASA AD 2018-0246 that is required for compliance with 
EASA AD 2018-0246 will be available at http://www.regulations.gov under 
Docket No.

[[Page 67037]]

FAA-2018-1062 after the FAA final rule is published.

FAA's Justification and Determination of the Effective Date

    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 waiving notice and comment prior to adoption of this rule 
because an issue with the FWS logic makes it possible that the ``AIR 
APU BLEED LEAK'' ECAM alert can trigger several times. An engine bleed 
reset in response to the ECAM alert could lead to exposure of critical 
locations and the surrounding structure to heat stress, possibly 
resulting in reduced structural integrity of the airplane. Therefore, 
we find good cause that notice and opportunity for prior public comment 
are impracticable. In addition, for the reason(s) stated above, we find 
that good cause exists for making this amendment effective in less than 
30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2018-1062; Product 
Identifier 2018-NM-163-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD based on 
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

Costs of Compliance

    We estimate that this AD affects 11 airplanes of U.S. registry. We 
estimate 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
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85.............................              $0              $85             $935
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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.
    We are 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.
    This AD is issued in accordance with authority delegated by the 
Executive Director, Aircraft Certification Service, as authorized by 
FAA Order 8000.51C. In accordance with that order, issuance of ADs is 
normally a function of the Compliance and Airworthiness Division, but 
during this transition period, the Executive Director has delegated the 
authority to issue ADs applicable to transport category airplanes and 
associated appliances to the Director of the System Oversight Division.

Regulatory Findings

    We determined that 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. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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.

Adoption of 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 (AD):

2018-26-04 Airbus SAS: Amendment 39-19534; Docket No. FAA-2018-1062; 
Product Identifier 2018-NM-163-AD.

(a) Effective Date

    This AD becomes effective January 14, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus SAS Model A350-941 and -1041 
airplanes, certificated in any category, as identified in European 
Aviation Safety Agency (EASA) AD 2018-0246, dated November 13, 2018 
(``EASA AD 2018-0246'').

(d) Subject

    Air Transport Association (ATA) of America Code 36, Pneumatic.

(e) Reason

    This AD was prompted by a report that due to an issue with the 
flight warning system (FWS) logic, it is possible that the ``AIR 
Auxiliary Power Unit (APU) BLEED LEAK'' electronic centralized 
aircraft monitoring (ECAM) alert can trigger several times. We are 
issuing this AD to address engine bleed

[[Page 67038]]

reset in response to the ECAM alert, which could lead to exposure of 
critical locations and the surrounding structure to heat stress, 
possibly resulting in reduced structural integrity 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, EASA AD 2018-0246.

(h) Exceptions to EASA AD 2018-0246

    (1) For purposes of determining compliance with the requirements 
of this AD: Where EASA AD 2018-0246 refers to its effective date, 
this AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2018-0246 does not apply 
to this AD.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Section, Transport Standards 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 local Flight 
Standards District Office, as appropriate. If sending information 
directly to the International Section, send it to the attention of 
the person identified in paragraph (j) of this AD. Information may 
be emailed to: [email protected]. Before using any 
approved AMOC, notify your appropriate principal inspector, or 
lacking a principal inspector, the manager of the local flight 
standards district office/certificate holding district 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, International 
Section, Transport Standards 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): For any service information 
referenced in EASA AD 2018-0246 that contain RC procedures and 
tests: Except as required by paragraph (i)(2) of this AD, RC 
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) Related Information

    For more information about this AD, contact Kathleen Arrigotti, 
Aerospace Engineer, International Section, Transport Standards 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 
and fax 206-231-3218.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) EASA AD 2018-0246, dated November 13, 2018.
    (ii) [Reserved]
    (3) For EASA AD 2018-0246, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 89990 6017; email 
[email protected]; Internet www.easa.europa.eu. You may find this 
EASA AD on the EASA website at https://ad.easa.europa.eu.
    (4) You may view this EASA AD at the FAA, Transport Standards 
Branch, 2200 South 216th St., Des Moines, WA. For information on the 
availability of this material at the FAA, call 206-231-3195. EASA AD 
2018-0246 may be found in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-
2018-1062.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on December 14, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-28067 Filed 12-27-18; 8:45 am]
 BILLING CODE 4910-13-P