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 potentialunsafe 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 accessto 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 commentson 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 ----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Labor cost Parts cost product operators ---------------------------------------------------------------------------------------------------------------- 1 work-hour x $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.