Federal Register / Vol. 73, No. 168 / Thursday, August 28, 2008 / Rules and Regulations 50709 

Terminating Replacement 

(q) Within 24 months after the effective 

date of this AD, replace the elevator rear spar 

with a new elevator rear spar and support 

fittings, in accordance with Part II of the 

Accomplishment Instructions of Boeing 

Service Bulletin 727–55–0089, Revision 1, 

dated March 2, 2000. Accomplishing the 

replacement constitutes terminating action 

for the requirements of this AD. 

(r) Accomplishing the replacement before 

the effective date of this AD in accordance 

with Boeing Service Bulletin 727–55–0089, 

dated June 29, 1995, is considered acceptable 

for compliance with the corresponding action 

specified in paragraph (q) of this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(s)(1) The Manager, Seattle Aircraft 

Certification Office (ACO), FAA, ATTN: 

Berhane Alazar, Aerospace Engineer, 

Airframe Branch, ANM–120S, FAA, Seattle 

ACO, 1601 Lind Avenue SW., Renton, 

Washington 98057–3356; telephone (425) 

917–6577; fax (425) 917–6590; has the 

authority to approve AMOCs for this AD, if 

requested using the procedures found in 14 

CFR 39.19. 

(2) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. Before using any approved AMOC on 

any airplane to which the AMOC applies, 

notify your appropriate principal inspector 

(PI) in the FAA Flight Standards District 

Office (FSDO), or lacking a PI, your local 

FSDO. 

(3) 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 Airplanes 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. 

(4) AMOCs approved previously in 

accordance with AD 96–06–05 are approved 

as AMOCs for the corresponding provisions 

of this AD. 

Material Incorporated by Reference 

(t) You must use Boeing Service Bulletin 

727–55–0089, dated June 29, 1995; or Boeing 

Service Bulletin 727–55–0089, Revision 1, 

dated March 2, 2000; as applicable; to 

perform the actions that are required by this 

AD, unless the AD specifies otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

Boeing Service Bulletin 727–55–0089, 

Revision 1, dated March 2, 2000, in 

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

part 51. 

(2) On April 22, 1996 (61 FR 11529, March 

21, 1996), the Director of the Federal Register 

approved the incorporation by reference of 

Boeing Service Bulletin 727–55–0089, dated 

June 29, 1995. 

(3) 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 FAA, 

Transport Airplane Directorate, 1601 Lind 

Avenue, SW., Renton, Washington; or 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/ibrlocations.html. 

Issued in Renton, Washington, on August 

7, 2008. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E8–19137 Filed 8–27–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0046; Directorate 

Identifier 2007–NM–270–AD; Amendment 

39–15650; AD 2008–17–12] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A318, A319, A320, and A321 Series 

Airplanes Equipped With Certain 

Northrop Grumman (Formerly Litton) 

Air Data Inertial Reference Units 

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 certain Airbus Model 

A319, A320, and A321 series airplanes 

equipped with certain Litton air data 

inertial reference units (ADIRUs). That 

AD currently requires modifying the 

shelf (floor panel) above ADIRU 3, 

modifying the polycarbonate guard that 

covers the ADIRUs for certain airplanes, 

and modifying the ladder located in the 

avionics compartment for certain 

airplanes. This new AD requires those 

modifications on additional airplanes. 

This new AD also requires replacing all 

three ADIRUs with improved ADIRUs. 

This new AD also adds Model A318 

series airplanes to the applicability. 

This AD results from reports that ‘‘NAV 

IR FAULT’’ messages have occurred 

during takeoff due to failure of an 

ADIRU and subsequent analysis 

showing that the shelf modification has 

not sufficiently addressed failure of an 

ADIRU. We are issuing this AD to 

prevent failure of an ADIRU during 

flight, which could result in loss of one 

source of critical attitude and airspeed 

data and reduce the ability of the 

flightcrew to control the airplane. 

DATES: This AD becomes effective 

October 2, 2008. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in the AD 

as of October 2, 2008. 

On January 27, 2004 (68 FR 74172, 

December 23, 2003), the Director of the 

Federal Register approved the 

incorporation by reference of a certain 

publication. 

ADDRESSES: For service information 

identified in this AD, contact Airbus, 1 

Rond Point Maurice Bellonte, 31707 

Blagnac Cedex, France. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; 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 address for the 

Docket Office (telephone 800–647–5527) 

is the Document 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: Tim 

Dulin, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–2141; fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Discussion 

The FAA issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that 

supersedes AD 2003–26–03, amendment 

39–13399 (68 FR 74172, December 23, 

2003). The existing AD applies to 

certain Airbus Model A319, A320, and 

A321 series airplanes equipped with 

certain Litton air data inertial reference 

units (ADIRUs). That NPRM was 

published in the Federal Register on 

January 24, 2008 (73 FR 4129). That 

NPRM proposed to continue to require 

modifying the shelf (floor panel) above 

ADIRU 3, modifying the polycarbonate 

guard that covers the ADIRUs for certain 

airplanes, and modifying the ladder 

located in the avionics compartment for 

certain airplanes. That NPRM also 

proposed to require those modifications 

on additional airplanes. That NPRM 

also proposed to require replacing all 

three ADIRUs with improved ADIRUs. 

That NPRM also proposed to add Model 

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50710 Federal Register / Vol. 73, No. 168 / Thursday, August 28, 2008 / Rules and Regulations 

A318 series airplanes to the 

applicability. 

Actions Since NPRM Was Issued 

Airbus has issued Service Bulletin 

A320–34–1350, Revision 01, dated 

December 12, 2007. In the NPRM, we 

referred to the original issue of the 

service bulletin, dated March 20, 2006, 

as the appropriate source of service 

information for replacing the ADIRUs 

with new, improved ADIRUs. The 

procedures in Revision 01 of the service 

bulletin are essentially the same as 

those in the original issue of the service 

bulletin. Therefore, we have revised 

paragraph (h) of this AD to also refer to 

Revision 01 of the service bulletin. 

Comments 

We provided the public the 

opportunity to participate in the 

development of this AD. We have 

considered the comment that has been 

received on the NPRM. 

Request to Revise the Applicability 

Airbus requests that we revise the 

applicability of the NPRM to also 

exempt airplanes equipped with three 

ADIRUs having P/N 465020–0303–0316 

on which Airbus Service Bulletin A320–

25–1248 has been applied in service. 

We agree that this AD does not apply 

to airplanes equipped with three 

ADIRUs having P/N 465020–0303–0316 

on which Airbus Service Bulletin A320–

25–1248 was incorporated in service. 

We have revised paragraph (c) of this 

AD accordingly. 

Conclusion 

We have carefully reviewed the 

available data, including the comment 

that has been received, and determined 

that air safety and the public interest 

require adopting the AD with the 

changes described previously. We have 

determined that these changes will 

neither increase the economic burden 

on any operator nor increase the scope 

of the AD. 

Costs of Compliance 

This AD affects about 658 airplanes of 

U.S. registry. 

The actions that are required by AD 

2003–26–03 and retained in this AD 

take about 4 work hours per airplane, at 

an average labor rate of $80 per work 

hour. Required parts cost about $300 per 

airplane. Based on these figures, the 

estimated cost of the currently required 

actions for U.S. operators is $407,960, or 

$620 per airplane. 

The new actions take about 3 work 

hours per airplane, at an average labor 

rate of $80 per work hour. The 

manufacturer states that it will supply 

the required parts to operators at no 

cost. Based on these figures, the 

estimated cost of the new actions 

specified in this AD for U.S. operators 

is $157,920, or $240 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 removing amendment 39–13399 (68 

FR 74172, December 23, 2003) and by 

adding the following new airworthiness 

directive (AD): 

2008–17–12 Airbus: Amendment 39–15650. 

Docket No. FAA–2008–0046; Directorate 

Identifier 2007–NM–270–AD. 

Effective Date 

(a) This AD becomes effective October 2, 

2008. 

Affected ADs 

(b) This AD supersedes AD 2003–26–03. 

Applicability 

(c) This AD applies to Airbus Model A318, 

A319, A320, and A321 series airplanes, 

certificated in any category; equipped with at 

least one Northrop Grumman (formerly 

Litton) air data inertial reference unit 

(ADIRU), part number (P/N) 465020–0303–

0307, –0308, –0309, –0312, –0314, –0315, or 

–0316; except airplanes equipped with three 

ADIRUs having P/N 465020–0303–0316 and 

on which Airbus Modification 30650 or 

30872 has been incorporated in production, 

or on which Airbus Service Bulletin A320–

25–1248 has been applied in service. 

Unsafe Condition 

(d) This AD results from reports that ‘‘NAV 

IR FAULT’’ messages have occurred during 

takeoff due to failure of an ADIRU and 

subsequent analysis showing that the shelf 

modification has not sufficiently addressed 

failure of an ADIRU. We are issuing this AD 

to prevent failure of an ADIRU during flight, 

which could result in loss of one source of 

critical attitude and airspeed data and reduce 

the ability of the flightcrew to control 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 2003–

26–03 

Modification 

(f) For Model A319, A320, and A321 series 

airplanes, equipped with any Litton ADIRU 

installed in accordance with Airbus 

Modification 24852, 25108, 25336, 26002, or 

28218: Within 2 years after January 27, 2004 

(the effective date of AD 2003–26–03), do the 

modifications specified in paragraphs (f)(1), 

(f)(2), and (f)(3) of this AD, as applicable, in 

accordance with paragraphs A. through D. of 

the Accomplishment Instructions of Airbus 

Service Bulletin A320–25–1248, dated 

February 16, 2001; or Airbus Service Bulletin 

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Federal Register / Vol. 73, No. 168 / Thursday, August 28, 2008 / Rules and Regulations 50711 

A320–25–1248, Revision 01, dated April 16, 

2003; as applicable. 

(1) For all airplanes: Modify the shelf (floor 

panel) above ADIRU 3 by installing shims 

between the shelf and the webs of the shelf 

support structure. 

(2) For airplanes with Airbus Modification 

25900P3941 or Airbus Service Bulletin 

A320–25–1200 accomplished as of January 

27, 2004: Modify the polycarbonate guard 

(umbrella) protecting the ADIRUs by 

installing shims between the guard and the 

shelf support structure. 

(3) For airplanes with Airbus Modification 

23027P2852 or Airbus Service Bulletin 

A320–52–1038 accomplished as of January 

27, 2004: Modify the ladder located in the 

avionics compartment by machining the slot 

at the foot of the ladder to increase the depth 

by 0.236 inch. 

New Requirements of This AD 

Modification for Certain Airplanes 

(g) For all airplanes equipped with any 

ADIRU installed in accordance with Airbus 

Modification 31070, 31742, or 35517, except 

airplanes on which Airbus Modification 

30650 or 30872 has been accomplished in 

production: Within 46 months after the 

effective date of this AD, modify the ADIRU 

shelf supports by accomplishing all of the 

applicable actions specified in the 

Accomplishment Instructions of Airbus 

Service Bulletin A320–25–1248, Revision 01, 

dated April 16, 2003. 

Replacement of ADIRUs 

(h) For all airplanes except those on which 

Airbus Modification 35517 has been 

incorporated in production: Within 46 

months after the effective date of this AD, 

replace all three ADIRUs with improved 

ADIRUs having P/N 465020–0303–0316 in 

accordance with the Accomplishment 

Instructions of Airbus Service Bulletin A320–

34–1350, dated March 20, 2006; or Airbus 

Service Bulletin A320–34–1350, Revision 01, 

dated December 12, 2007. 

Alternative Methods of Compliance 

(AMOCs) 

(i) The Manager, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, has the authority to approve AMOCs 

for this AD, if requested using the procedures 

found in 14 CFR 39.19. Send information to 

ATTN Tim Dulin, Aerospace Engineer, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA, 1601 Lind 

Avenue, SW., Renton, Washington 98057–

3356; telephone (425) 227–2141; fax (425) 

227–1149. Before using any approved AMOC 

on any airplane to which the AMOC applies, 

notify your appropriate principal inspector 

(PI) in the FAA Flight Standards District 

Office (FSDO), or lacking a PI, your local 

FSDO. 

Related Information 

(j) European Aviation Safety Agency 

airworthiness directive 2007–0217, dated 

August 9, 2007, also addresses the subject of 

this AD. 

Material Incorporated by Reference 

(k) You must use service information 

identified in Table 1 of this AD, as 

applicable, to perform the actions that are 

required by this AD, unless the AD specifies 

otherwise. 

TABLE 1—ALL MATERIAL INCORPORATED BY REFERENCE

Service bulletin Revision level Date 

Airbus Service Bulletin A320–25–1248 ........................................................................................... Original ...................... February 16, 2001. 

Airbus Service Bulletin A320–25–1248 ........................................................................................... 01 .............................. April 16, 2003. 

Airbus Service Bulletin A320–34–1350 ........................................................................................... Original ...................... March 20, 2006. 

Airbus Service Bulletin A320–34–1350 ........................................................................................... 01 .............................. December 12, 2007. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

the documents identified in Table 2 of this 

AD in accordance with 5 U.S.C. 552(a) and 

1 CFR part 51. 

TABLE 2—NEW MATERIAL INCORPORATED BY REFERENCE

Service bulletin Revision level Date 

Airbus Service Bulletin A320–25–1248 ........................................................................................... 01 .............................. April 16, 2003. 

Airbus Service Bulletin A320–34–1350 ........................................................................................... Original ...................... March 20, 2006. 

Airbus Service Bulletin A320–34–1350 ........................................................................................... 01 .............................. December 12, 2007. 

(2) On January 27, 2004 (68 FR 74172, 

December 23, 2003), the Director of the 

Federal Register approved the incorporation 

by reference of Airbus Service Bulletin 

A320–25–1248, dated February 16, 2001. 

(3) Contact Airbus, 1 Rond Point Maurice 

Bellonte, 31707 Blagnac Cedex, France, for a 

copy of this service information. You may 

review copies at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue, SW., Renton, 

Washington; or 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 

6, 2008. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E8–19138 Filed 8–27–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–27785; Directorate 

Identifier 2006–NM–267–AD; Amendment 

39–15649; AD 2008–17–11] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model ERJ 170 Airplanes 

and Model ERJ 190 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

mstockstill on PROD1PC66 with RULES