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38580 Federal Register / Vol. 70, No.

127 / Tuesday, July 5, 2005 / Rules and Regulations

Issued in Renton, Washington, on June 21, airworthiness authority. We are issuing landing under certain conditions of
2005. this AD to prevent roll oscillations icing, significant crosswind, or
Ali Bahrami, during approach and landing in certain moderate to severe turbulence, until the
Manager, Transport Airplane Directorate, icing, crosswind, and turbulent new requirements of this new AD have
Aircraft Certification Service. conditions, which could result in been accomplished. That action also
[FR Doc. 05–12842 Filed 7–1–05; 8:45 am] reduced controllability of the airplane. proposed to require replacing existing
BILLING CODE 4910–13–P DATES: This AD becomes effective elevator and aileron computers (ELACs)
August 9, 2005. with ELACs having either L83 or L91
The incorporation by reference of software, as applicable, which would
DEPARTMENT OF TRANSPORTATION certain publications listed in the AD is terminate the requirements of the
approved by the Director of the Federal existing AD. That action also proposed
Federal Aviation Administration Register as of August 9, 2005. to require a related concurrent action. In
ADDRESSES: For service information addition, that action also proposed to
14 CFR Part 39 revise the applicability by removing
identified in this AD, contact Airbus, 1
[Docket No. FAA–2005–20755; Directorate Rond Point Maurice Bellonte, 31707 airplanes with these ELAC software
Identifier 2004–NM–244–AD; Amendment Blagnac Cedex, France. standards incorporated in production.
39–14176; AD 2005–13–39] Docket: The AD docket contains the
Comment
RIN 2120–AA64 proposed AD, comments, and any final
disposition. You can examine the AD We provided the public the
Airworthiness Directives; Airbus Model docket on the Internet at http:// opportunity to participate in the
A321–100 and –200 Series Airplanes dms.dot.gov, or in person at the Docket development of this AD. We have
Management Facility office between 9 considered the comment that has been
AGENCY: Federal Aviation
a.m. and 5 p.m., Monday through submitted on the proposed AD.
Administration (FAA), Department of
Friday, except Federal holidays. The
Transportation (DOT). Support for the Proposed AD
Docket Management Facility office
ACTION: Final rule.
(telephone (800) 647–5227) is located on The commenter supports the
SUMMARY: The FAA is superseding an the plaza level of the Nassif Building at proposed AD.
existing airworthiness directive (AD), the U.S. Department of Transportation,
400 Seventh Street, SW., room PL–401, Explanation of Change to Applicability
which applies to Airbus Model A321
series airplanes. That AD currently Washington, DC. This docket number is We have revised the applicability of
requires revising the Limitations section FAA–2005–20755; the directorate the proposed AD to identify model
of the airplane flight manual to include identifier for this docket is 2004–NM– designations as published in the most
an instruction to use Flap 3 for landing 244–AD. recent type certificate data sheet for the
when performing an approach in FOR FURTHER INFORMATION CONTACT: Tim affected models.
conditions of moderate to severe icing, Dulin, Aerospace Engineer,
Conclusion
significant crosswind (i.e., crosswinds International Branch, ANM–116, FAA,
greater than 20 knots, gust included), or Transport Airplane Directorate, 1601 We have carefully reviewed the
moderate to severe turbulence. This new Lind Avenue, SW., Renton, Washington available data, including the comment
AD requires replacing existing elevator 98055–4056; telephone (425) 227–2141; that has been submitted, and
and aileron computers (ELACs) with fax (425) 227–1149. determined that air safety and the
ELACs having either L83 or L91 SUPPLEMENTARY INFORMATION: The FAA public interest require adopting the AD
software, as applicable, which proposed to amend 14 CFR part 39 with with the change described previously.
terminates the requirements of the an AD to supersede AD 2004–03–02, We have determined that this change
existing AD. This AD also requires a amendment 39–13446 (69 FR 5007, will neither increase the economic
related concurrent action. In addition, February 3, 2004). The existing AD burden on any operator nor increase the
this AD revises the applicability by applies to all Airbus Model A321 series scope of the AD.
removing airplanes with these ELAC airplanes. The proposed AD was Costs of Compliance
software standards incorporated in published in the Federal Register on
production. This AD is prompted by March 30, 2005 (70 FR 16167), to The following tables provide the
issuance of mandatory continuing require revising the airplane flight estimated costs for U.S. operators to
airworthiness information by a civil manual (AFM) to specify procedures for comply with this AD.

ESTIMATED COSTS
Number of
Average labor Cost per
Action Work hour Parts U.S.-registered Fleet cost
rate per hour airplane airplanes

AFM revision (required by AD 2004–03– 1 $65 None ........... $65 29 $1,885


02).
Installation of ELACs having L83 or L91 1 65 No charge ... 65 29 1,885
software (new required action).

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Federal Register / Vol. 70, No. 127 / Tuesday, July 5, 2005 / Rules and Regulations 38581

ESTIMATED CONCURRENT SERVICE BULLETIN COSTS


Number of
Average labor Cost per
Action Work hour Parts U.S.-registered Fleet cost
rate per hour airplane airplanes

Installation or ELACs having L81 software 1 $65 No charge ... $65 29 $1,885

Authority for This Rulemaking Adoption of the Amendment included), or moderate to severe turbulence
are anticipated:
Title 49 of the United States Code ■ Accordingly, under the authority Use FLAP 3 for landing.’’
specifies the FAA’s authority to issue delegated to me by the Administrator, Note 1: When a statement identical to that
rules on aviation safety. Subtitle I, the FAA amends 14 CFR part 39 as in paragraph (f) of this AD has been included
section 106, describes the authority of follows: in the general revisions of the AFM, the
the FAA Administrator. Subtitle VII, general revisions may be inserted into the
Aviation Programs, describes in more PART 39—AIRWORTHINESS AFM, and the copy of this AD may be
detail the scope of the Agency’s DIRECTIVES removed from the AFM.
authority. ■ 1. The authority citation for part 39 New Requirements of This AD: Installation
We are issuing this rulemaking under continues to read as follows: of Elevator and Aileron Computers (ELACs)
the authority described in subtitle VII, Authority: 49 U.S.C. 106(g), 40113, 44701. Having L83 or L91 Software
part A, subpart III, section 44701, (g) Within 16 months after the effective
‘‘General requirements.’’ Under that § 39.13 [Amended] date of this AD: Replace existing ELACs with
section, Congress charges the FAA with ■ 2. The FAA amends § 39.13 by ELACs having L83 software, by
promoting safe flight of civil aircraft in removing amendment 39–13446 (69 FR accomplishing all of the actions specified in
air commerce by prescribing regulations 5007, February 3, 2004) and adding the the Accomplishment Instructions of Airbus
for practices, methods, and procedures Service Bulletin A320–27–1151, including
following new airworthiness directive
the Administrator finds necessary for Appendix 01, dated March 9, 2004; or with
(AD): ELACs having L91 software, by
safety in air commerce. This regulation 2005–13–39 Airbus: Amendment 39–14176. accomplishing all of the actions specified in
is within the scope of that authority Docket No. FAA–2005–20755; the Accomplishment Instructions of Airbus
because it addresses an unsafe condition Directorate Identifier 2004–NM–244— Service Bulletin A320–27–1152, including
that is likely to exist or develop on AD. Appendix 01, dated June 4, 2004; as
products identified in this rulemaking applicable. After accomplishing the ELAC
Effective Date
action. replacements, remove the AFM revision
(a) This AD becomes effective August 9, required by paragraph (f) of this AD.
Regulatory Findings 2005. Accomplishing the requirements of this
Affected ADs paragraph terminates the requirements of
We have determined that this AD will
paragraph (f) of this AD.
not have federalism implications under (b) This AD supersedes AD 2004–03–02,
Note 2: Airbus Service Bulletin A320–27–
Executive Order 13132. This AD will amendment 39–13446.
Applicability: (c) This AD applies to Airbus 1151 refers to Thales Service Bulletin
not have a substantial direct effect on 394512–27–026, dated March 5, 2004, as an
the States, on the relationship between Model A321–111, –112, –131, –211, and –231
airplanes; certificated in any category; except additional source of service information for
the national government and the States, installing ELAC L83 software. Airbus Service
those with Airbus Modification 34043
or on the distribution of power and Bulletin A320–27–1152 refers to Thales
installed in production.
responsibilities among the various Service Bulletin 394512B–27–010, dated May
levels of government. Unsafe Condition 24, 2004, as an additional source of service
(d) This AD was prompted by issuance of information for installing ELAC L91 software.
For the reasons discussed above, I
certify that this AD: mandatory continuing airworthiness
Concurrent Service Bulletin
information by a civil airworthiness
(1) Is not a ‘‘significant regulatory authority. We are issuing this AD to prevent (h) Prior to doing the requirements of
action’’ under Executive Order 12866; roll oscillations during approach and landing paragraph (g) of this AD: Install ELACs
(2) Is not a ‘‘significant rule’’ under in certain icing, crosswind, and turbulent having L81 software in accordance with the
DOT Regulatory Policies and Procedures conditions, which could result in reduced Accomplishment Instructions of Airbus
controllability of the airplane. Service Bulletin A320–27–1135, Revision 02,
(44 FR 11034, February 26, 1979); and dated April 18, 2002.
Compliance: (e) You are responsible for
(3) Will not have a significant having the actions required by this AD
Previously Accomplished Actions in
economic impact, positive or negative, performed within the compliance times
Concurrent Service Bulletin
on a substantial number of small entities specified, unless the actions have already
under the criteria of the Regulatory been done. (i) Installation of ELACs having L81
Flexibility Act. software in accordance with the
Restatement of Requirements of AD 2004– Accomplishment Instructions of Airbus
We prepared a regulatory evaluation 03–02: Airplane Flight Manual Revision Service Bulletin A320–27–1135, dated June
of the estimated costs to comply with (f) Within 10 days after February 18, 2004 29, 2001; or Service Bulletin A320–27–1135,
this AD. See the ADDRESSES section for (the effective date of AD 2004–03–02), revise Revision 01, dated August 31, 2001; is
a location to examine the regulatory the Limitations section of the airplane flight acceptable for compliance with the
evaluation. manual (AFM) to include the following requirements of paragraph (h) of this AD.
statement. This may be done by inserting a
List of Subjects in 14 CFR Part 39 copy of this AD into the AFM. Part Installation
‘‘A321 Approach and Landing (Roll (j) As of the effective date of this AD, no
Air transportation, Aircraft, Aviation Control) When moderate to severe icing person may install on any airplane an ELAC,
safety, Incorporation by reference, conditions, or significant crosswind (i.e., part number 3945122506, 3945123506,
Safety. crosswinds greater than 20 knots, gust 3945128102, or 3945128103.

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38582 Federal Register / Vol. 70, No. 127 / Tuesday, July 5, 2005 / Rules and Regulations

Alternative Methods of Compliance Related Information the service information, contact Airbus, 1
(AMOCs) (l) French airworthiness directive F–2004– Rond Point Maurice Bellonte, 31707 Blagnac
147, dated August 18, 2004, also addresses Cedex, France. To view the AD docket, go to
(k)(1) The Manager, International Branch,
the subject of this AD. the Docket Management Facility, U.S.
ANM–116, Transport Airplane Directorate,
Department of Transportation, 400 Seventh
FAA, has the authority to approve AMOCs Material Incorporated by Reference Street SW., room PL–401, Nassif Building,
for this AD, if requested in accordance with (m) You must use the service information Washington, DC. To review copies of the
the procedures found in 14 CFR 39.19. listed in Table 1 of this AD to perform the service information, go to the National
(2) Alternative methods of compliance, actions that are required by this AD, unless Archives and Records Administration
approved previously in accordance with AD the AD specifies otherwise. The Director of (NARA). For information on the availability
2004–03–02, are approved as alternative the Federal Register approves the of this material at the NARA, call (202) 741–
methods of compliance with the incorporation by reference of these 6030, or go to http://www.archives.gov/
corresponding requirements of this AD. documents in accordance with 5 U.S.C. federal_register/code_of_federal_regulations/
552(a) and 1 CFR part 51. To get copies of ibr_locations.html.

TABLE 1.—MATERIAL INCORPORATED BY REFERENCE


Airbus service bulletin Revision level Date

A320–27–1135 .......................................................................................................................................... 02 ..................... April 18, 2002.


A320–27–1151, including Appendix 01 .................................................................................................... Original ............. March 9, 2004.
A320–27–1152, including Appendix 01 .................................................................................................... Original ............. June 4, 2004.

Issued in Renton, Washington, on June 17, Electronic Version that we make under title II and title XVI
2005. of the Act. In addition, to the extent that
The electronic file of this document is
Michael J. Kaszycki, Medicare entitlement and Medicaid
available on the date of publication in
Acting Manager, Transport Airplane the Federal Register at http:// eligibility are based on whether you
Directorate, Aircraft Certification Service. qualify for disability benefits under title
www.gpoaccess.gov/fr/index.html. It is
[FR Doc. 05–12843 Filed 7–1–05; 8:45 am] also available on the Internet site for II or title XVI, these final regulations
BILLING CODE 4910–13–P SSA (i.e., Social Security Online) at also affect the Medicare and Medicaid
http://policy.ssa.gov/pnpublic.nsf/ programs.
LawsRegs. Who Can Get Disability Benefits?
SOCIAL SECURITY ADMINISTRATION FOR FURTHER INFORMATION CONTACT: Under title II of the Act, we provide
20 CFR Part 404 Richard Bresnick, Social Insurance for the payment of disability benefits if
Specialist, Office of Regulations, Social you are disabled and belong to one of
[Regulation No. 4] Security Administration, 100 Altmeyer the following three groups:
Building, 6401 Security Boulevard, • Workers insured under the Act,
RIN 0960–AF30
Baltimore, MD 21235–6401, (410) 965– • Children of insured workers, and
Revised Medical Criteria for Evaluating 1758 or TTY (410) 966–5609. For • Widows, widowers, and surviving
Genitourinary Impairments information on eligibility or filing for divorced spouses (see § 404.336) of
benefits, call our national toll-free insured workers.
AGENCY: Social Security Administration. number, 1–800–772–1213 or TTY 1– Under title XVI of the Act, we provide
ACTION: Final rules. 800–325–0778, or visit our Internet site, for Supplemental Security Income (SSI)
Social Security Online, at http:// payments on the basis of disability if
SUMMARY: We are revising the criteria in www.socialsecurity.gov. you are disabled and have limited
the Listing of Impairments (the listings)
SUPPLEMENTARY INFORMATION: We are income and resources.
that we use to evaluate claims involving
revising and making final the rules we How Do We Define Disability?
genitourinary impairments. We apply
proposed for evaluating genitourinary
these criteria when you claim benefits Under both the title II and title XVI
impairments in the Notice of Proposed
based on disability under title II and programs, disability must be the result
Rulemaking (NPRM) we published in
title XVI of the Social Security Act (the of any medically determinable physical
the Federal Register on August 23, 2004
Act). The revisions reflect advances in or mental impairment or combination of
(69 FR 51777).
medical knowledge, treatment, and impairments that is expected to result in
methods of evaluating genitourinary What Programs Do These Final death or which has lasted or is expected
impairments. Regulations Affect? to last for a continuous period of at least
DATES:These rules are effective These final regulations affect 12 months. Our definitions of disability
September 6, 2005. disability determinations and decisions are shown in the following table:

Disability means you have a medically determinable impairment(s) as described


If you claim under . . . And you are . . . above and that results in . . .

title II .................................... an adult or a child .............. the inability to do any substantial gainful activity (SGA).
title XVI ................................. a person age 18 or order ... the inability to do any SGA.
title XVI ................................. a person under age 18 ...... marked and severe functional limitations.

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