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Federal Register / Vol. 70, No.

162 / Tuesday, August 23, 2005 / Rules and Regulations 49169

Management Facility; U.S. Department of FOR FURTHER INFORMATION CONTACT: Tim Costs of Compliance
Transportation, 400 Seventh Street, SW., Dulin, Aerospace Engineer,
Nassif Building, Room PL–401, Washington, This AD will affect about 28 airplanes
International Branch, ANM–116, FAA, of U.S. registry.
DC 20590–001 or on the Internet at http://
Transport Airplane Directorate, 1601 The measurement to determine
dms.dot.gov. The docket number is FAA–
2005–21109; Directorate Identifier 2005–CE– Lind Avenue, SW., Renton, Washington control rod gap will take about 2 work
21–AD. 98055–4056; telephone (425) 227–2141; hours per airplane, at an average labor
fax (425) 227–1149. rate of $65 per work hour. Based on
Issued in Kansas City, Missouri, on August
16, 2005. SUPPLEMENTARY INFORMATION: these figures, the estimated cost of the
Terry L. Chasteen, measurement for U.S. operators is
Examining the Docket $3,640, or $130 per airplane, per
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service. measurement cycle.
You may examine the AD docket on The replacement of the control rods
[FR Doc. 05–16530 Filed 8–22–05; 8:45 am] the Internet at http://dms.dot.gov or in with new, improved, water-resistant
BILLING CODE 4910–13–P person at the Docket Management control rods will take about 9 work
Facility office between 9 a.m. and 5 hours per airplane, at an average labor
p.m., Monday through Friday, except rate of $65 per work hour. Required
DEPARTMENT OF TRANSPORTATION Federal holidays. The Docket parts will cost about $400 per airplane.
Management Facility office (telephone Based on these figures, the estimated
Federal Aviation Administration (800) 647–5227) is located on the plaza cost of the required replacement for U.S.
level of the Nassif Building at the street operators is $27,580, or $985 per
14 CFR Part 39 address stated in the ADDRESSES section. airplane.
[Docket No. FAA–2005–21342; Directorate
Identifier 2004–NM–15–AD; Amendment 39– Discussion Authority for This Rulemaking
14229; AD 2005–17–08] Title 49 of the United States Code
The FAA issued a notice of proposed
RIN 2120–AA64 rulemaking (NPRM) to amend 14 CFR specifies the FAA’s authority to issue
part 39 to include an AD that would rules on aviation safety. Subtitle I,
Airworthiness Directives; Airbus Model apply to certain Airbus Model A321 Section 106, describes the authority of
A321 Series Airplanes series airplanes. That NPRM was the FAA Administrator. Subtitle VII,
published in the Federal Register on Aviation Programs, describes in more
AGENCY: Federal Aviation detail the scope of the Agency’s
Administration (FAA), Department of June 3, 2005 (70 FR 32542). That NPRM
proposed to require repetitive authority.
Transportation (DOT). We are issuing this rulemaking under
ACTION: Final rule.
measurements for correct control rod
gap of the hold-open mechanism of all the authority described in subtitle VII,
SUMMARY: The FAA is adopting a new emergency doors, and corrective actions part A, subpart III, section 44701,
airworthiness directive (AD) for certain if necessary. The NPRM also proposed ‘‘General requirements.’’ Under that
Airbus Model A321 series airplanes. to require replacing the control rods section, Congress charges the FAA with
This AD requires repetitive with new, improved control rods, which promoting safe flight of civil aircraft in
measurements for correct control rod would terminate the repetitive air commerce by prescribing regulations
gap of the hold-open mechanism of all measurements. for practices, methods, and procedures
emergency doors, and corrective actions the Administrator finds necessary for
Comments safety in air commerce. This regulation
if necessary. This AD also requires
replacing the control rods with new, is within the scope of that authority
We provided the public the because it addresses an unsafe condition
improved control rods, which would opportunity to participate in the
terminate the repetitive measurements. that is likely to exist or develop on
development of this AD. We have products identified in this rulemaking
This AD results from a report that an considered the comment that has been
operator found it impossible to lock action.
received on the NPRM.
emergency doors 2 and 3 in the open Regulatory Findings
position. We are issuing this AD to Support for the Proposed AD
We have determined that this AD will
prevent failure of the emergency doors not have federalism implications under
The commenter supports the NPRM.
to lock in the open position, which Executive Order 13132. This AD will
could interfere with passenger Explanation of Change to Applicability not have a substantial direct effect on
evacuation during an emergency. the States, on the relationship between
DATES: Effective September 27, 2005. We have revised the applicability of
the NPRM to identify model the national government and the States,
The Director of the Federal Register or on the distribution of power and
approved the incorporation by reference designations as published in the most
recent type certificate data sheet for the responsibilities among the various
of certain publications listed in the AD levels of government.
as of September 27, 2005. affected models.
For the reasons discussed above, I
ADDRESSES: You may examine the AD Conclusion certify that this AD:
docket on the Internet at http:// (1) Is not a ‘‘significant regulatory
dms.dot.gov or in person at the Docket We have carefully reviewed the action’’ under Executive Order 12866;
Management Facility, U.S. Department available data, including the comment (2) Is not a ‘‘significant rule’’ under
of Transportation, 400 Seventh Street received, and determined that air safety DOT Regulatory Policies and Procedures
SW., Nassif Building, Room PL–401, and the public interest require adopting (44 FR 11034, February 26, 1979); and
Washington, DC. the AD with the change described (3) Will not have a significant
Contact Airbus, 1 Rond Point Maurice previously. We have determined that economic impact, positive or negative,
Bellonte, 31707 Blagnac Cedex, France, this change will neither increase the on a substantial number of small entities
for service information identified in this economic burden on any operator nor under the criteria of the Regulatory
AD. increase the scope of the AD. Flexibility Act.

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49170 Federal Register / Vol. 70, No. 162 / Tuesday, August 23, 2005 / Rules and Regulations

We prepared a regulatory evaluation Optional Interim Terminating Action Issued in Renton, Washington, on August
of the estimated costs to comply with (g) Replacing the polyamide control rod of 11, 2005.
this AD and placed it in the AD docket. any mechanism with an aluminum control Kalene C. Yanamura,
See the ADDRESSES section for a location rod prior to accomplishing paragraph (h) of Acting Manager, Transport Airplane
to examine the regulatory evaluation. this AD, as specified in AOT A320–52A1120, Directorate, Aircraft Certification Service.
Revision 02, dated July 10, 2003, terminates [FR Doc. 05–16458 Filed 8–22–05; 8:45 am]
List of Subjects in 14 CFR Part 39 the repetitive measurement required by
BILLING CODE 4910–13–P
Air transportation, Aircraft, Aviation paragraph (f) of this AD for that mechanism.
safety, Incorporation by reference, Final Terminating Action
Safety. (h) Within 18 months after the effective DEPARTMENT OF TRANSPORTATION
Adoption of the Amendment date of this AD, replace the polyamide or
interim aluminum control rods of the release Federal Aviation Administration
■ Accordingly, under the authority mechanisms with new, improved, water-
delegated to me by the Administrator, resistant control rods in accordance with the 14 CFR Part 39
the FAA amends 14 CFR part 39 as Accomplishment Instructions of Airbus
Service Bulletin A320–52–1121, dated [Docket No. FAA–2005–22142; Directorate
follows: Identifier 2005–NM–153–AD; Amendment
December 12, 2003. This replacement
terminates the repetitive measurement 39–14228; AD 2005–17–07]
PART 39—AIRWORTHINESS
DIRECTIVES required by paragraph (f) of this AD. RIN 2120–AA64
Actions Accomplished per Previous Issue of
■ 1. The authority citation for part 39 Airworthiness Directives; Airbus Model
Service Bulletin
continues to read as follows: A320–111 Airplanes and Model A320–
(i) Actions accomplished before the
Authority: 49 U.S.C. 106(g), 40113, 44701. effective date of this AD in accordance with
200 Series Airplanes
§ 39.13 [Amended] Airbus AOT A320–52A1120, dated June 5, AGENCY: Federal Aviation
2003; or Revision 01, dated June 19, 2003; are Administration (FAA), Department of
■ 2. The Federal Aviation considered acceptable for compliance with
Administration (FAA) amends § 39.13 by the corresponding actions specified in this Transportation (DOT).
adding the following new airworthiness AD. ACTION: Final rule; request for
directive (AD): comments.
No Reporting Requirement
2005–17–08 Airbus: Amendment 39–14229. (j) Although the service information SUMMARY: The FAA is adopting a new
Docket No. FAA–2005–21342; specifies procedures for reporting airworthiness directive (AD) for certain
Directorate Identifier 2004–NM–15–AD. measurement results and control rod Airbus Model A320–111 airplanes and
Effective Date replacement to the manufacturer, this AD Model A320–200 series airplanes. This
does not require these reports. AD requires doing a one-time general
(a) This AD becomes effective September
27, 2005. Alternative Methods of Compliance visual inspection of the axle nut on each
(AMOCs) main landing gear (MLG) wheel for the
Affected ADs
(k) The Manager, International Branch, presence of locking bolts and associated
(b) None. ANM–116, Transport Airplane Directorate, hardware; doing any related
Applicability FAA, has the authority to approve AMOCs investigative and corrective actions as
(c) This AD applies to Airbus Model A321 for this AD, if requested in accordance with applicable; and submitting an
series airplanes, certificated in any category; the procedures found in 14 CFR 39.19. inspection report to the manufacturer.
except for those airplanes that have received Related Information This AD results from a report that an
Airbus Modification 33426 in production. axle nut had separated from an axle on
(l) French airworthiness directive F–2004–
Unsafe Condition 040, dated March 31, 2004, also addresses the a main landing gear (MLG) wheel, due
(d) This AD was prompted by a report that subject of this AD. to missing locking bolts. We are issuing
an operator found it impossible to lock this AD to detect and correct missing
Material Incorporated by Reference
emergency doors 2 and 3 in the open locking bolts on the axle nuts of the
(m) You must use Airbus Service Bulletin MLG wheels. Absence of the locking
position. We are issuing this AD to prevent
A320–52–1121, dated December 12, 2003; bolts could result in separation of a
failure of the emergency doors to lock in the
open position, which could interfere with and Airbus All Operators Telex A320–
52A1120, Revision 02, dated July 10, 2003;
wheel(s) from the axle and consequent
passenger evacuation during an emergency. reduced controllability of the airplane
as applicable, to perform the actions that are
Compliance required by this AD, unless the AD specifies during takeoff and landing, and possible
(e) You are responsible for having the otherwise. The Director of the Federal injury to people on the ground.
actions required by this AD performed within Register approved the incorporation by DATES: This AD becomes effective
the compliance times specified, unless the reference of these documents in accordance September 7, 2005.
actions have already been done. with 5 U.S.C. 552(a) and 1 CFR part 51. The Director of the Federal Register
Contact Airbus, 1 Rond Point Maurice
Inspection of Emergency Exit Doors Bellonte, 31707 Blagnac Cedex, France, for a
approved the incorporation by reference
(f) Within 600 flight hours after the copy of this service information. You may of a certain publication listed in the AD
effective date of this AD and thereafter at review copies at the Docket Management as of September 7, 2005.
intervals not to exceed 600 flight hours, Facility, U.S. Department of Transportation, We must receive comments on this
perform a measurement for correct gap of the 400 Seventh Street SW., Room PL–401, AD by October 24, 2005.
control rod of the hold-open mechanism of Nassif Building, Washington, DC; on the ADDRESSES: Use one of the following
all emergency doors, in accordance with Internet at http://dms.dot.gov; or at the addresses to submit comments on this
Airbus All Operators Telex (AOT) A320– National Archives and Records
52A1120, Revision 02, dated July 10, 2003. Administration (NARA). For information on
AD.
If the gap of any control rod is not correct, the availability of this material at the NARA, • DOT Docket Web site: Go to
prior to further flight, apply all necessary call (202) 741–6030, or go to http:// http://dms.dot.gov and follow the
corrective actions in accordance with the www.archives.gov/federal-register/cfr/ibr- instructions for sending your comments
AOT. locations.html. electronically.

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