38580 Federal Register / Vol. 70, No. 127 / Tuesday, July 5, 2005 / Rules and Regulations 

Issued in Renton, Washington, on June 21, 

2005. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service.

[FR Doc. 05–12842 Filed 7–1–05; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–20755; Directorate 

Identifier 2004–NM–244–AD; Amendment 

39–14176; AD 2005–13–39] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A321–100 and –200 Series Airplanes

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT).

ACTION: Final rule.

SUMMARY: The FAA is superseding an 

existing airworthiness directive (AD), 

which applies to Airbus Model A321 

series airplanes. That AD currently 

requires revising the Limitations section 

of the airplane flight manual to include 

an instruction to use Flap 3 for landing 

when performing an approach in 

conditions of moderate to severe icing, 

significant crosswind (i.e., crosswinds 

greater than 20 knots, gust included), or 

moderate to severe turbulence. This new 

AD requires replacing existing elevator 

and aileron computers (ELACs) with 

ELACs having either L83 or L91 

software, as applicable, which 

terminates the requirements of the 

existing AD. This AD also requires a 

related concurrent action. In addition, 

this AD revises the applicability by 

removing airplanes with these ELAC 

software standards incorporated in 

production. This AD is prompted by 

issuance of mandatory continuing 

airworthiness information by a civil 

airworthiness authority. We are issuing 

this AD to prevent roll oscillations 

during approach and landing in certain 

icing, crosswind, and turbulent 

conditions, which could result in 

reduced controllability of the airplane.

DATES: This AD becomes effective 

August 9, 2005. 

The incorporation by reference of 

certain publications listed in the AD is 

approved by the Director of the Federal 

Register as of August 9, 2005.

ADDRESSES: For service information 

identified in this AD, contact Airbus, 1 

Rond Point Maurice Bellonte, 31707 

Blagnac Cedex, France. 

Docket: The AD docket contains the 

proposed AD, comments, and any final 

disposition. You can examine the AD 

docket on the Internet at http://

dms.dot.gov, or in person at the Docket 

Management Facility office between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The 

Docket Management Facility office 

(telephone (800) 647–5227) is located on 

the plaza level of the Nassif Building at 

the U.S. Department of Transportation, 

400 Seventh Street, SW., room PL–401, 

Washington, DC. This docket number is 

FAA–2005–20755; the directorate 

identifier for this docket is 2004–NM–

244–AD.

FOR FURTHER INFORMATION CONTACT: Tim 

Dulin, Aerospace Engineer, 

International Branch, ANM–116, FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington 

98055–4056; telephone (425) 227–2141; 

fax (425) 227–1149.

SUPPLEMENTARY INFORMATION: The FAA 

proposed to amend 14 CFR part 39 with 

an AD to supersede AD 2004–03–02, 

amendment 39–13446 (69 FR 5007, 

February 3, 2004). The existing AD 

applies to all Airbus Model A321 series 

airplanes. The proposed AD was 

published in the Federal Register on 

March 30, 2005 (70 FR 16167), to 

require revising the airplane flight 

manual (AFM) to specify procedures for 

landing under certain conditions of 

icing, significant crosswind, or 

moderate to severe turbulence, until the 

new requirements of this new AD have 

been accomplished. That action also 

proposed to require replacing existing 

elevator and aileron computers (ELACs) 

with ELACs having either L83 or L91 

software, as applicable, which would 

terminate the requirements of the 

existing AD. That action also proposed 

to require a related concurrent action. In 

addition, that action also proposed to 

revise the applicability by removing 

airplanes with these ELAC software 

standards incorporated in production. 

Comment 

We provided the public the 

opportunity to participate in the 

development of this AD. We have 

considered the comment that has been 

submitted on the proposed AD. 

Support for the Proposed AD 

The commenter supports the 

proposed AD. 

Explanation of Change to Applicability 

We have revised the applicability of 

the proposed AD to identify model 

designations as published in the most 

recent type certificate data sheet for the 

affected models. 

Conclusion 

We have carefully reviewed the 

available data, including the comment 

that has been submitted, and 

determined that air safety and the 

public interest require adopting the AD 

with the change described previously. 

We have determined that this change 

will neither increase the economic 

burden on any operator nor increase the 

scope of the AD. 

Costs of Compliance 

The following tables provide the 

estimated costs for U.S. operators to 

comply with this AD.

ESTIMATED COSTS

Action Work hour Average labor 

rate per hour Parts Cost perairplane 

Number of 

U.S.-registered 

airplanes 

Fleet cost 

AFM revision (required by AD 2004–03–

02).

1 $65 None ........... $65 29 $1,885 

Installation of ELACs having L83 or L91 

software (new required action).

1 65 No charge ... 65 29 1,885 

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

ESTIMATED CONCURRENT SERVICE BULLETIN COSTS

Action Work hour Average labor 

rate per hour Parts Cost perairplane 

Number of 

U.S.-registered 

airplanes 

Fleet cost 

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

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. 

Regulatory Findings 

We have 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 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); and 

(3) 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. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this AD. See the ADDRESSES section for 

a location to examine the regulatory 

evaluation.

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 [Amended]

■ 2. The FAA amends § 39.13 by 

removing amendment 39–13446 (69 FR 

5007, February 3, 2004) and adding the 

following new airworthiness directive 

(AD):

2005–13–39 Airbus: Amendment 39–14176. 

Docket No. FAA–2005–20755; 

Directorate Identifier 2004–NM–244—

AD. 

Effective Date 

(a) This AD becomes effective August 9, 

2005. 

Affected ADs 

(b) This AD supersedes AD 2004–03–02, 

amendment 39–13446. 

Applicability: (c) This AD applies to Airbus 

Model A321–111, –112, –131, –211, and –231 

airplanes; certificated in any category; except 

those with Airbus Modification 34043 

installed in production. 

Unsafe Condition 

(d) This AD was prompted by issuance of 

mandatory continuing airworthiness 

information by a civil airworthiness 

authority. We are issuing this AD to prevent 

roll oscillations during approach and landing 

in certain icing, crosswind, and turbulent 

conditions, which could result in reduced 

controllability of the airplane. 

Compliance: (e) You are responsible for 

having the actions required by this AD 

performed within the compliance times 

specified, unless the actions have already 

been done. 

Restatement of Requirements of AD 2004–

03–02: Airplane Flight Manual Revision 

(f) Within 10 days after February 18, 2004 

(the effective date of AD 2004–03–02), revise 

the Limitations section of the airplane flight 

manual (AFM) to include the following 

statement. This may be done by inserting a 

copy of this AD into the AFM. 

‘‘A321 Approach and Landing (Roll 

Control) When moderate to severe icing 

conditions, or significant crosswind (i.e., 

crosswinds greater than 20 knots, gust 

included), or moderate to severe turbulence 

are anticipated: 

Use FLAP 3 for landing.’’

Note 1: When a statement identical to that 

in paragraph (f) of this AD has been included 

in the general revisions of the AFM, the 

general revisions may be inserted into the 

AFM, and the copy of this AD may be 

removed from the AFM.

New Requirements of This AD: Installation 

of Elevator and Aileron Computers (ELACs) 

Having L83 or L91 Software 

(g) Within 16 months after the effective 

date of this AD: Replace existing ELACs with 

ELACs having L83 software, by 

accomplishing all of the actions specified in 

the Accomplishment Instructions of Airbus 

Service Bulletin A320–27–1151, including 

Appendix 01, dated March 9, 2004; or with 

ELACs having L91 software, by 

accomplishing all of the actions specified in 

the Accomplishment Instructions of Airbus 

Service Bulletin A320–27–1152, including 

Appendix 01, dated June 4, 2004; as 

applicable. After accomplishing the ELAC 

replacements, remove the AFM revision 

required by paragraph (f) of this AD. 

Accomplishing the requirements of this 

paragraph terminates the requirements of 

paragraph (f) of this AD.

Note 2: Airbus Service Bulletin A320–27–

1151 refers to Thales Service Bulletin 

394512–27–026, dated March 5, 2004, as an 

additional source of service information for 

installing ELAC L83 software. Airbus Service 

Bulletin A320–27–1152 refers to Thales 

Service Bulletin 394512B–27–010, dated May 

24, 2004, as an additional source of service 

information for installing ELAC L91 software.

Concurrent Service Bulletin 

(h) Prior to doing the requirements of 

paragraph (g) of this AD: Install ELACs 

having L81 software in accordance with the 

Accomplishment Instructions of Airbus 

Service Bulletin A320–27–1135, Revision 02, 

dated April 18, 2002. 

Previously Accomplished Actions in 

Concurrent Service Bulletin 

(i) Installation of ELACs having L81 

software in accordance with the 

Accomplishment Instructions of Airbus 

Service Bulletin A320–27–1135, dated June 

29, 2001; or Service Bulletin A320–27–1135, 

Revision 01, dated August 31, 2001; is 

acceptable for compliance with the 

requirements of paragraph (h) of this AD. 

Part Installation 

(j) As of the effective date of this AD, no 

person may install on any airplane an ELAC, 

part number 3945122506, 3945123506, 

3945128102, or 3945128103. 

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

Alternative Methods of Compliance 

(AMOCs) 

(k)(1) The Manager, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, has the authority to approve AMOCs 

for this AD, if requested in accordance with 

the procedures found in 14 CFR 39.19. 

(2) Alternative methods of compliance, 

approved previously in accordance with AD 

2004–03–02, are approved as alternative 

methods of compliance with the 

corresponding requirements of this AD. 

Related Information 

(l) French airworthiness directive F–2004–

147, dated August 18, 2004, also addresses 

the subject of this AD. 

Material Incorporated by Reference 

(m) You must use the service information 

listed in Table 1 of this AD to perform the 

actions that are required by this AD, unless 

the AD specifies otherwise. The Director of 

the Federal Register approves the 

incorporation by reference of these 

documents in accordance with 5 U.S.C. 

552(a) and 1 CFR part 51. To get copies of 

the service information, contact Airbus, 1 

Rond Point Maurice Bellonte, 31707 Blagnac 

Cedex, France. To view the AD docket, go to 

the Docket Management Facility, U.S. 

Department of Transportation, 400 Seventh 

Street SW., room PL–401, Nassif Building, 

Washington, DC. To review copies of the 

service information, go to the National 

Archives and Records Administration 

(NARA). For information on the availability 

of this material at the NARA, call (202) 741–

6030, or go to http://www.archives.gov/

federal_register/code_of_federal_regulations/

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, 

2005. 

Michael J. Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service.

[FR Doc. 05–12843 Filed 7–1–05; 8:45 am] 

BILLING CODE 4910–13–P

SOCIAL SECURITY ADMINISTRATION

20 CFR Part 404 

[Regulation No. 4] 

RIN 0960–AF30 

Revised Medical Criteria for Evaluating 

Genitourinary Impairments

AGENCY: Social Security Administration.

ACTION: Final rules.

SUMMARY: We are revising the criteria in 

the Listing of Impairments (the listings) 

that we use to evaluate claims involving 

genitourinary impairments. We apply 

these criteria when you claim benefits 

based on disability under title II and 

title XVI of the Social Security Act (the 

Act). The revisions reflect advances in 

medical knowledge, treatment, and 

methods of evaluating genitourinary 

impairments.

DATES: These rules are effective 

September 6, 2005. 

Electronic Version 

The electronic file of this document is 

available on the date of publication in 

the Federal Register at http://

www.gpoaccess.gov/fr/index.html. It is 

also available on the Internet site for 

SSA (i.e., Social Security Online) at 

http://policy.ssa.gov/pnpublic.nsf/

LawsRegs.

FOR FURTHER INFORMATION CONTACT:

Richard Bresnick, Social Insurance 

Specialist, Office of Regulations, Social 

Security Administration, 100 Altmeyer 

Building, 6401 Security Boulevard, 

Baltimore, MD 21235–6401, (410) 965–

1758 or TTY (410) 966–5609. For 

information on eligibility or filing for 

benefits, call our national toll-free 

number, 1–800–772–1213 or TTY 1–

800–325–0778, or visit our Internet site, 

Social Security Online, at http://

www.socialsecurity.gov.

SUPPLEMENTARY INFORMATION: We are 

revising and making final the rules we 

proposed for evaluating genitourinary 

impairments in the Notice of Proposed 

Rulemaking (NPRM) we published in 

the Federal Register on August 23, 2004 

(69 FR 51777). 

What Programs Do These Final 

Regulations Affect? 

These final regulations affect 

disability determinations and decisions 

that we make under title II and title XVI 

of the Act. In addition, to the extent that 

Medicare entitlement and Medicaid 

eligibility are based on whether you 

qualify for disability benefits under title 

II or title XVI, these final regulations 

also affect the Medicare and Medicaid 

programs. 

Who Can Get Disability Benefits? 

Under title II of the Act, we provide 

for the payment of disability benefits if 

you are disabled and belong to one of 

the following three groups: 

• Workers insured under the Act, 

• Children of insured workers, and 

• Widows, widowers, and surviving 

divorced spouses (see § 404.336) of 

insured workers. 

Under title XVI of the Act, we provide 

for Supplemental Security Income (SSI) 

payments on the basis of disability if 

you are disabled and have limited 

income and resources. 

How Do We Define Disability? 

Under both the title II and title XVI 

programs, disability must be the result 

of any medically determinable physical 

or mental impairment or combination of 

impairments that is expected to result in 

death or which has lasted or is expected 

to last for a continuous period of at least 

12 months. Our definitions of disability 

are shown in the following table:

If you claim under . . . And you are . . . Disability means you have a medically determinable impairment(s) as described 

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.