Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Rules and Regulations 58007 

inspections required by paragraph (g) of this 

AD for that fitting. 

(1) If any crack or damage is found during 

any inspection required by paragraphs (g) or 

(i) of this AD, before further flight. 

(2) If no crack or damage is found during 

any inspection required by paragraph (g) or 

(i) of this AD, within 30,000 flight cycles or 

within 120 months after the effective date of 

this AD, whichever occurs first. 

Concurrent Service Bulletin 

(i) For airplanes listed in Group 2 of the 

service bulletin: Prior to or during the onetime detailed inspection for cracking or 

damage required by paragraph (g) of this AD 

or during replacement of the fitting required 

by paragraph (h) of this AD, whichever 

occurs first, perform a detailed inspection on 

slats 2 and 5 for interference of the slat tab 

support clips with the slat track attach 

fittings and trim the support clips to 

eliminate any interference with the attach 

fittings as applicable; in accordance with 

Figure 3 of the Accomplishment Instructions 

of Boeing Service Bulletin 737–57–1080, 

Revision 3, dated September 24, 1992; and 

replace any cracked or damaged aluminum 

attach fitting with a new, improved steel 

fitting in accordance with paragraph (h) of 

this AD. 

Actions Accomplished Per Previous Issue of 

Service Bulletin 

(j) Actions accomplished before the 

effective date of this AD in accordance with 

Boeing Service Bulletin 737–57–1080, dated 

September 10, 1973; Revision 1, dated 

February 25, 1983; or Revision 2, dated 

August 24, 1989; are considered acceptable 

for compliance with the corresponding 

actions specified in paragraph (i) of this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(k)(1) The Manager, Seattle Aircraft 

Certification Office (ACO), FAA, has the 

authority to approve AMOCs for this AD, if 

requested in accordance with the procedures 

found in 14 CFR 39.19. 

(2) An AMOC that provides an acceptable 

level of safety may be used for any repair 

required by this AD, if it is approved by an 

Authorized Representative for the Boeing 

Commercial Airplane Delegation Option 

Authorization Organization who has been 

authorized by the Manager, Seattle ACO, to 

make those findings. For a repair method to 

be approved, the repair must meet the 

certification basis of the airplane, and the 

approval must specifically refer to this AD. 

(3) Before using any AMOC approved in 

accordance with 14 CFR 39.19 on any 

airplane to which the AMOC applies, notify 

the appropriate principal inspector in the 

FAA Flight Standards Certificate Holding 

District Office. 

Material Incorporated by Reference 

(l) You must use Boeing Special Attention 

Service Bulletin 737–57–1273, Revision 2, 

dated October 30, 2003; and Boeing Service 

Bulletin 737–57–1080, Revision 3, dated 

September 24, 1992; as applicable; to perform 

the actions that are required by this AD, 

unless the AD specifies otherwise. The 

Director of the Federal Register approved the 

incorporation by reference of these 

documents in accordance with 5 U.S.C. 

552(a) and 1 CFR part 51. Contact Boeing 

Commercial Airplanes, P.O. Box 3707, 

Seattle, Washington 98124–2207, for a copy 

of this service information. You may review 

copies at the Docket Management Facility, 

U.S. Department of Transportation, 400 

Seventh Street SW., room PL–401, Nassif 

Building, Washington, DC; on the Internet at 

http://dms.dot.gov; or at 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/cfr/ibr-locations.html. 

Issued in Renton, Washington, on 

September 26, 2005. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 05–19871 Filed 10–4–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–20874; Directorate 

Identifier 2004–NM–279–AD; Amendment 

39–14311; AD 2005–20–17] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A319–100 Series Airplanes; Model 

A320–111 Series Airplanes; Model 

A320–200 Series Airplanes; and Model 

A321–100 and –200 Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

Airbus airplane models, as specified 

above. This AD requires modifying the 

parking brake system to automatically 

restore the normal brake if the parking 

brake pressure decreases below a certain 

threshold. This AD results from a report 

of failure of the parking brake while the 

airplane was on the holding point of the 

runway before takeoff, leading to a 

runway departure. We are issuing this 

AD to ensure normal braking is 

available to prevent possible runway 

departure in the event of failure of the 

parking brake. 

DATES: This AD becomes effective 

November 9, 2005. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of November 9, 2005. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

dms.dot.gov or in person at the Docket 

Management Facility, U.S. Department 

of Transportation, 400 Seventh Street 

SW., Nassif Building, room PL–401, 

Washington, DC. 

Contact Airbus, 1 Rond Point Maurice 

Bellonte, 31707 Blagnac Cedex, France, 

for service information identified in this 

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: 

Examining the Docket 

You may examine the airworthiness 

directive (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 street address stated in the 

ADDRESSES section. 

Discussion 

The FAA issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to certain Airbus Model A319, 

A320, and A321 series airplanes. That 

NPRM was published in the Federal 

Register on April 6, 2005 (70 FR 17351). 

That NPRM proposed to require 

modifying the parking brake system to 

automatically restore the normal 

parking brake if the parking brake 

pressure decreases below a certain 

threshold. 

Comments 

We provided the public the 

opportunity to participate in the 

development of this AD. We have 

considered the comments received. 

Support for the NPRM 

Two commenters support the actions 

required by the NPRM. 

Request To Cite Latest Service 

Information 

One commenter asks that we change 

the NPRM to refer to the latest revision 

of Airbus Service Bulletin A320–32–

1201, which is Revision 02, dated 

February 1, 2005. Airbus Service 

Bulletin A320–32–1201, Revision 01, 

dated May 29, 2002, was referenced in 

the NPRM as the appropriate source of 

service information for accomplishing 

the specified modification. The 

commenter states that Revision 02 

58008 Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Rules and Regulations 

requires additional work be performed 

on certain aircraft modified per previous 

issues of the service bulletin. The 

commenter suggests that Revision 02 be 

added to paragraph (f) of the NPRM as 

the source of service information for 

accomplishing the modification. 

We agree with the commenter. We 

have added Airbus Service Bulletin 

A320–32–1201, Revision 02, dated 

February 1, 2005, which is the most 

current source of service information for 

accomplishing the modification in this 

AD, to paragraph (f) of this AD. 

Although Revision 02 specifies that 

additional work is necessary, it adds no 

work to the original issues of the service 

bulletin; the section specifying 

additional work was inadvertently 

carried over from Revision 01 of the 

service bulletin. Revision 02 merely 

includes the results of the validation on 

Model A321 series airplanes and 

informs operators that the revised 

bulletin is mandatory. We have added 

Revision 02 to paragraph (f), added a 

new paragraph (g) that allows credit for 

actions done in accordance with 

Revision 01 of the service bulletin, and 

re-identified subsequent paragraphs 

accordingly. 

Request To Revise Cost Estimate 

One commenter disagrees with the 

cost estimates specified in the NPRM 

and states that the FAA has reduced the 

original estimates for the modification 

specified in the service bulletin cited in 

the NPRM by approximately one-half. 

The commenter adds that Airbus 

typically underestimates, rather than 

overestimates, the manpower 

requirements for repair and 

modification service bulletins. The 

commenter recommends that the FAA 

reconsider using the Airbus average 

estimate of approximately 45 work 

hours as a minimum labor cost. The 

commenter notes that 60 work hours per 

aircraft is a better estimate to 

accomplish the referenced modification. 

We do not agree that it is necessary 

to revise the cost estimates of the 

NPRM, which reflect only the direct 

costs of the specific required actions 

based on the best data available from the 

manufacturer. We recognize that 

operators may incur incidental costs 

(such as the time for planning, access 

and close, and associated administrative 

actions) in addition to the direct costs. 

The cost analysis in ADs, however, 

typically does not include incidental 

costs. The compliance times in this AD 

should allow ample time for operators 

to do the required actions at the same 

time as scheduled major airplane 

inspection and maintenance activities, 

which would reduce the additional time 

and costs associated with special 

scheduling. We have not changed the 

AD in this regard. 

Explanation of Change to This AD 

In the Summary section of the NPRM 

we inadvertently specified normal 

parking brake instead of normal brake, 

as follows, ‘‘This proposed AD would 

require modifying the parking brake 

system to automatically restore the 

normal parking brake if the parking 

brake pressure decreases below a certain 

threshold.’’ The correct language for the 

final rule is ‘‘This AD requires 

modifying the parking brake system to 

automatically restore the normal brake if 

the parking brake pressure decreases 

below a certain threshold.’’ We have 

corrected the error in this AD. 

Explanation of Change to Applicability 

We have changed the applicability of 

the NPRM 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 comments 

received, and determined that air safety 

and the public interest require adopting 

the AD with the changes described 

previously. These changes will neither 

increase the economic burden on any 

operator nor increase the scope of the 

AD. 

Costs of Compliance 

This AD will affect about 357 

airplanes of U.S. registry. The 

modification will take about 23 work 

hours per airplane, at an average labor 

rate of $65 per work hour. Required 

parts will cost about $5,600 per 

airplane. Based on these figures, the 

estimated cost of the modification for 

U.S. operators is $2,532,915, or $7,095 

per airplane. 

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 and placed it in the AD docket. 

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 Federal Aviation 

Administration (FAA) amends § 39.13 

by adding the following new 

airworthiness directive (AD): 

2005–20–17 Airbus: 

Amendment 39–14311. Docket No. FAA–

2005–20874; Directorate Identifier 2004–

NM–279–AD. 

Effective Date 

(a) This AD becomes effective November 9, 

2005. 

Affected ADs 

(b) None. 

Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Rules and Regulations 58009 

Applicability 

(c) This AD applies to Airbus Model A319–

111, –112, –113, –114, –115, –131, –132, and 

–133 airplanes; Model A320–111, –211, –212, 

–214, –231, –232, and –233 airplanes; and 

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

airplanes; certificated in any category; except 

those modified in production by Airbus 

Modification 30062. 

Unsafe Condition 

(d) This AD was prompted by a report of 

failure of the parking brake while the 

airplane was on the holding point of the 

runway before takeoff, leading to a runway 

departure. We are issuing this AD to ensure 

normal braking is available to prevent 

possible runway departure in the event of 

failure of the parking brake. 

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. 

Modification 

(f) Within 52 months after the effective 

date of this AD: Modify the parking brake 

system by accomplishing all the actions 

specified in the Accomplishment 

Instructions of Airbus Service Bulletin A320–

32–1201, Revision 02, dated February 1, 

2005. 

Modifications Accomplished Per Previous 

Issue of Service Information 

(g) Modifications accomplished before the 

effective date of this AD in accordance with 

Airbus Service Bulletin A320–32–1201, 

Revision 01, dated May 29, 2002; are 

considered acceptable for compliance with 

the corresponding modification required by 

paragraph (f) of this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(h)(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) Before using any AMOC approved in 

accordance with 14 CFR 39.19 on any 

airplane to which the AMOC applies, notify 

the appropriate principal inspector in the 

FAA Flight Standards Certificate Holding 

District Office. 

Related Information 

(i) French airworthiness directive F–2004–

137, dated November 10, 2004, also 

addresses the subject of this AD. 

Material Incorporated by Reference 

(j) You must use Airbus Service Bulletin 

A320–32–1201, Revision 02, dated February 

1, 2005, to perform the actions that are 

required by this AD, unless the AD specifies 

otherwise. The Director of the Federal 

Register approved the incorporation by 

reference of this document in accordance 

with 5 U.S.C. 552(a) and 1 CFR part 51. 

Contact Airbus, 1 Rond Point Maurice 

Bellonte, 31707 Blagnac Cedex, France, for a 

copy of this service information. You may 

review copies at the Docket Management 

Facility, U.S. Department of Transportation, 

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

Building, Washington, DC; on the Internet at 

http://dms.dot.gov; or at 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. 

Issued in Renton, Washington, on 

September 26, 2005. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 05–19874 Filed 10–4–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Bureau of Customs and Border 

Protection 

DEPARTMENT OF THE TREASURY 

19 CFR Parts 12, 102, 141, 144, 146, 

and 163 

[CBP Dec. 05–32; USCBP–2005–0009] 

RIN 1505–AB60 

Country of Origin of Textile and 

Apparel Products 

AGENCY: Customs and Border Protection, 

Department of Homeland Security; 

Department of the Treasury. 

ACTION: Interim regulations; solicitation 

of comments. 

SUMMARY: This document sets forth 

interim amendments to the Customs and 

Border Protection (‘‘CBP’’) regulations to 

update, restructure, and consolidate the 

regulations relating to the country of 

origin of textile and apparel products. 

The interim amendments reflect 

changes brought about, in part, by the 

expiration on January 1, 2005, of the 

Agreement on Textiles and Clothing 

(‘‘ATC’’) and the resulting elimination 

of quotas on the entry of textile and 

apparel products from World Trade 

Organization (‘‘WTO’’) members. The 

primary regulatory change set forth in 

this document is the elimination of the 

requirement that a textile declaration be 

submitted for all importations of textile 

and apparel products. In addition, to 

improve the quality of reporting of the 

identity of the manufacturer of imported 

textiles and apparel products, the 

interim amendments include a 

requirement that importers identify the 

manufacturer of such products through 

a manufacturer identification code 

(‘‘MID’’). 

DATES: Interim rule effective October 5, 

2005; comments must be received by 

December 5, 2005. 

ADDRESSES: You may submit comments, 

identified by the docket number, by one 

of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail, hand delivery or courier: 

paper, disk or CD–ROM submissions 

may be mailed or delivered to the Trade 

and Commercial Regulations Branch, 

Office of Regulations and Rulings, 

Bureau of Customs and Border 

Protection, 1300 Pennsylvania Avenue, 

NW. (Mint Annex), Washington, DC 

20229. 

Instructions: All submissions received 

must include the agency name, 

document title, and docket number (if 

available) or Regulatory Information 

Number (‘‘RIN’’) for this rulemaking. 

Docket: For access to the docket to 

read background documents or 

comments received, go to the Federal 

eRulemaking Portal at http:// 

www.regulations.gov. Submitted 

comments also may be inspected at the 

Trade and Commercial Regulations 

Branch, Office of Regulations and 

Rulings, Customs and Border Protection, 

799 9th Street, NW. (5th Floor), 

Washington, DC during regular business 

hours. 

FOR FURTHER INFORMATION CONTACT: 

Operational aspects: Roberts Abels, 

Textile Operations, Office of Field 

Operations (202) 344–1959. 

Legal aspects: Cynthia Reese, Tariff 

Classification and Marking Branch, 

Office of Regulations and Rulings (202) 

572–8812. 

SUPPLEMENTARY INFORMATION: 

Background 

CBP notes initially that in this 

document, references to the Customs 

Service or Customs concern the former 

Customs Service or actions undertaken 

by the former Customs Service prior to 

its transfer to the Department of 

Homeland Security (‘‘DHS’’) under the 

Homeland Security Act and the 

Reorganization Plan Modification for 

DHS of January 30, 2003. 

On May 9, 1984, the President issued 

Executive Order 12475 to address a 

number of problems that had arisen in 

the context of the U.S. textile import 

program. These problems included (1) 

the absence of specific regulatory 

standards for determining the origin of 

imported textiles and textile products 

for purposes of textile agreements and 

(2) an ever increasing number and 

variety of instances in which attempts 

were made to circumvent and frustrate