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 Department of Transportation Federal Aviation Administration 14 CFR Part 39
[Docket No. FAA-2017-0809; Product Identifier 2017-NM-094-AD; Amendment 39-19030; AD 2017-18-21]
RIN 2120-AA64
 AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT).
 ACTION: Final rule; request for comments.
 SUMMARY: We are superseding Airworthiness Directive (AD) 2017-13-12, which applied to all Airbus Model A318 and A319 series airplanes; Model A320-211, -212, -214, -231, -232, and -233 airplanes; and Model A321-111, -112, -131, -211,  -212, -213, -231, and -232 airplanes. AD 2017-13-12 required modification or replacement of certain side stay assemblies of the main landing gear (MLG). This new AD clarifies the formatting of a figure in the published version of AD 2017-13-12. This new AD was prompted by reports indicating that affected parties misinterpreted the applicability of the affected part numbers due to the 
                        ( print page 44054)
                        formatting of a figure in the published version of AD 2017-13-12, which could result in a negative effect on compliance. We are issuing this AD to address the unsafe condition on these products.
 DATES: This AD is effective September 28, 2017. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of August 9, 2017 (82 FR 30949, July 5, 2017). We must receive comments on this AD by October 30, 2017.
 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, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For Airbus service information identified in this final rule, contact Airbus, Airworthiness Office-EIAS, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone: +33 5 61 93 36 96; fax: +33 5 61 93 44 51; email: 
                        *account.airworth-eas@airbus.com;*
                         Internet: 
                        *http://www.airbus.com.* For Messier-Dowty service information identified in this final rule, contact Messier-Dowty: Messier Services Americas, Customer Support Center, 45360 Severn Way, Sterling, VA 20166-8910; telephone: 703-450-8233; fax: 703-404-1621; Internet: 
                        *https://techpubs.services/​messier-dowty.com.* You may view this referenced service information at the FAA, Transport Standards Branch, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. It is also available on the Internet at 
                        *http://www.regulations.gov*
                         by searching for and locating Docket No. FAA-2017-0809. 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-2017-0809; or in person at the Docket Management Facility 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 the Docket Office (telephone 800-647-5527) is Docket Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.
 FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1405; fax 425-227-1149.


SUPPLEMENTARY INFORMATION:  Discussion On June 19, 2017, we issued AD 2017-13-12, Amendment 39-18942 (82 FR 30949, July 5, 2017) (“AD 2017-13-12”), which applied to all Airbus Model A318 series airplanes and A319 series airplanes; Model A320-211, -212, -214, -231, -232, and -233 airplanes; and Model A321-111, -112, -131, -211, -212, -213, -231, and -232 airplanes. AD 2017-13-12 was prompted by an evaluation by the design approval holder (DAH), which indicates that the main landing gear (MLG) does not comply with certification specifications, which could result in a locking failure of the MLG side stay. AD 2017-13-12 required modification or replacement of certain MLG side stay assemblies. We issued AD 2017-13-12 prevent possible collapse of the MLG during takeoff and landing. Since we issued AD 2017-13-12, we have received reports indicating that affected parties misinterpreted the applicability of the affected part numbers due to the formatting of figure 1 to paragraphs (g), (h), and (i) in the published version of AD 2017-13-12, which could result in a negative effect on compliance. Therefore, we have determined that clarification of the formatting of the published figure is necessary. The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2016-0018R1, dated September 14, 2016 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for all Airbus Model A318 and A319 series airplanes; Model A320-211, -212, -214, -231, -232, and -233 airplanes; and Model A321-111, -112, -131, -211, -212, -213, -231, and -232 airplanes. The EASA AD is referenced in AD 2017-13-12. EASA has not revised its AD since the issuance of AD 2017-13-12. You may examine the MCAI in the AD docket on the Internet at 
                    *http://www.regulations.gov*
                     by searching for and locating Docket No. FAA-2017-0809. Related Service Information Under 1 CFR Part 51 We have reviewed the following service information. Airbus Service Bulletin A320-32-1429, Revision 01, dated February 29, 2016.
                Messier-Bugatti-Dowty Service Bulletin 200-32-315, dated April 24, 2015.
                Messier-Bugatti-Dowty Service Bulletin 201-32-63, dated April 24, 2015. The service information describes procedures for modifying the MLG side stay assembly. The Messier-Bugatti-Dowty documents are distinct since they apply to different airplane models. This service information 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 and Requirements of This AD 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 and service information 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. FAA's Justification and Determination of the Effective Date We are superseding AD 2017-13-12 to clarify the formatting of a figure in the regulatory text of the published AD. No other changes have been made to AD 2017-13-12. Therefore, we determined that notice and opportunity for prior public comment are unnecessary. 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 
                    ( print page 44055)
                    data, views, or arguments about this AD. Send your comments to an address listed under the 
                    **ADDRESSES**
                     section. Include “Docket No. FAA-2017-0809; Product Identifier 2017-NM-094-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 because of 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 959 airplanes of U.S. registry. This AD adds no new economic burden to AD 2017-13-12. We estimate the following costs to comply with this AD: Estimated Costs
Action
Labor cost
Parts cost
Cost per
                             product
Cost on U.S. operatorsReplacement or modification (retained actions from AD 2017-13-12)
9 work-hours × $85 per hour = $765
$14,104
$14,869
$14,259,371
 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 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 removing airworthiness directive (AD) 2017-13-12, Amendment 39-18942 ( 82 FR 30949, July 5, 2017), and adding the following new AD: **2017-18-21 Airbus:**
                             Amendment 39-19030; Docket No. FAA-2017-0809; Product Identifier 2017-NM-094-AD. (a) Effective Date This AD is effective September 28, 2017. (b) Affected ADs This AD replaces AD 2017-13-12, Amendment 39-18942 (82 FR 30949, July 5, 2017) (“AD 2017-13-12”). (c) Applicability This AD applies to the airplanes identified in paragraphs (c)(1), (c)(2), (c)(3), and (c)(4) of this AD, certificated in any category, all manufacturer serial numbers. (1) Airbus Model A318-111, -112, -121, and -122 airplanes. (2) Airbus Model A319-111, -112, -113, -114, -115, -131, -132, and -133 airplanes. (3) Airbus Model A320-211, -212, -214, -231, -232, and -233 airplanes. (4) Airbus Model A321-111, -112, -131, -211, -212, -213, -231, and -232 airplanes. (d) Subject Air Transport Association (ATA) of America Code 32, Landing Gear. (e) Reason This AD was prompted by an evaluation by the design approval holder that indicates that the main landing gear (MLG) does not comply with certification specifications, which could result in a locking failure of the MLG side stay. We are issuing this AD to prevent possible collapse of the MLG during takeoff and landing. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Retained Modification or Replacement, With Revised Figure Formatting This paragraph restates the requirements of paragraph (g) of AD 2017-13-12, with revised figure formatting. Within 120 months after August 9, 2017 (the effective date of AD 2017-13-12), accomplish the action specified in paragraph (g)(1) or (g)(2) of this AD. (1) Modify each MLG side stay assembly having a part number listed in figure 1 to paragraphs (g), (h), and (i) of this AD, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A320-32-1429, Revision 01, dated February 29, 2016, and the service information specified in paragraph (g)(1)(i) or (g)(1)(ii) of this AD, as applicable. The modification may be done “off wing,” provided the modified MLG is reinstalled on the airplane. (i) For Model A318 series airplanes; Model A319 series airplanes; and Model A320-211, -212, -214, -231, -232, and -233 airplanes: Messier-Bugatti-Dowty Service Bulletin 200-32-315, dated April 24, 2015.
                            ( print page 44056) (ii) For Model A321 series airplanes: Messier-Bugatti-Dowty Service Bulletin 201-32-63, dated April 24, 2015. (2) Replace the MLG side stay assembly with a side stay assembly that has been modified in accordance with paragraph (g)(1) of this AD. Do the replacement using a method approved by the Manager, International Section, Transport Standards Branch, FAA; or the European Aviation Safety Agency (EASA); or Airbus's EASA Design Organization Approval (DOA). Note 1 to paragraph (g)(2) of this AD: Additional guidance for the replacement can be found in Chapter 32 of the Airbus A318/A319/A320/A321 Aircraft Maintenance Manual.  (h) Retained Provisions for Unaffected Airplanes, With No Changes This paragraph restates the provisions of paragraph (h) of AD 2017-13-12, with no changes. An airplane on which Airbus Modification (Mod) 156646, Airbus Mod 161202, or Airbus Mod 161346 has been embodied in production is not affected by the requirements of paragraph (g) of this AD, provided it is determined that no part having a part number identified in figure 1 to paragraphs (g), (h), and (i) of this AD has been installed on that airplane since the date of issuance of the original certificate of airworthiness or the original export certificate of airworthiness. A review of the airplane maintenance records is acceptable to make this determination, provided that these records are accurate and can be relied upon to conclusively make that determination. (i) Retained Parts Installation Prohibition, With No Changes This paragraph restates the requirements of paragraph (i) of AD 2017-13-12, with no changes. As of August 9, 2017 (the effective date of AD 2017-13-12), do not install on any airplane, an MLG side stay assembly having a part number, with the strike number not cancelled, as identified in figure 1 to paragraphs (g), (h), and (i) of this AD, unless it has been modified in accordance with the requirements of paragraph (g) of this AD. (j) Retained Credit for Previous Actions, With No Changes This paragraph restates the provisions of paragraph (j) of AD 2017-13-12, with no 
                            ( print page 44057)
                            changes. This paragraph provides credit for actions required by paragraph (g) of this AD, if those actions were performed before August 9, 2017 (the effective date of AD 2017-13-12), using Airbus Service Bulletin A320-32-1429, dated September 10, 2015. (k) 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 manager of the International Section, send it to the attention of the person identified in paragraph (l)(2) 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 corrective actions from a manufacturer, the action must be accomplished using a method approved by the Manager, International Section, Transport Standards Branch, FAA; or EASA; or Airbus's EASA DOA. If approved by the DOA, the approval must include the DOA-authorized signature. (3) 
                            *Required for Compliance (RC):*
                             If any service information contains procedures or tests that are identified as RC, those 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. (l) Related Information (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA AD 2016-0018R1, dated September 14, 2016, for related information. You may examine the MCAI on the Internet at 
                            *http://www.regulations.gov*
                             by searching for and locating Docket No. FAA-2017-0809. (2) For more information about this AD, contact Sanjay Ralhan, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1405; fax 425-227-1149. (3) Service information identified in this AD that is not incorporated by reference is available at the addresses specified in paragraphs (m)(3), (m)(4), and (m)(5) of this AD. (m) 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. (3) The following service information was approved for IBR on August 9, 2017 (82 FR 30949, July 5, 2017). (i) Airbus Service Bulletin A320-32-1429, Revision 01, dated February 29, 2016. (ii) Messier-Bugatti-Dowty Service Bulletin 200-32-315, dated April 24, 2015. (iii) Messier-Bugatti-Dowty Service Bulletin 201-32-63, dated April 24, 2015. (4) For Airbus service information identified in this AD, contact Airbus, Airworthiness Office—EIAS, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone: +33 5 61 93 36 96; fax: +33 5 61 93 44 51; email: 
                            *account.airworth-eas@airbus.com*; Internet: 
                            *http://www.airbus.com.* (5) For Messier-Dowty service information identified in this AD, contact Messier-Dowty: Messier Services Americas, Customer Support Center, 45360 Severn Way, Sterling, VA 20166-8910; telephone: 703-450-8233; fax: 703-404-1621; Internet: 
                            *https://techpubs.services/​messier-dowty.com.* (6) You may view this service information at the FAA, Transport Standards Branch, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. (7) 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 Renton, Washington, on August 31, 2017. Dionne Palermo, Acting Director, System Oversight Division, Aircraft Certification Service.
 *Editorial Note: Proposed rule document 2017-19301 was originally published on pages Pages 42929 through 42932 in the issue of Wednesday, September 13, 2017. In that publication, on page 42931, Figure 1 was formatted incorrectly. The corrected document is republished here in its entirety.*


[FR Doc. R1-2017-19301 Filed 9-20-17; 8:45 am] BILLING CODE 1301-00-D