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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
 AGENCY: Federal Aviation Administration (FAA), DOT.
 ACTION: Final rule; request for comments.
 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 
                        *ADs@easa.europa.eu;*
                         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 <<AIR Auxiliary Power Unit (APU) BLEED LEAK>> 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 <<AIR APU BLEED LEAK>> 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 <<AIR APU BLEED LEAK>> 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. 
                    ( print 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
Labor cost
Parts cost
Cost per
                             product
Cost on U.S.
                             operators1 work-hour × $85 per hour = $85
$0
$85
$935
 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
 1.The authority citation for part 39 continues to read as follows: Authority:
                        49 U.S.C. 106(g), 40113, 44701. § 39.13
 2.The FAA amends § 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 
                            ( print 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: 
                            *9-ANM-116-AMOC-REQUESTS@faa.gov.*
                             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 
                            *ADs@easa.europa.eu;*
                             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