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Embraer 190 MRBR MRB–1928. When these 

TRs have been included in general revisions 

of the Embraer 190 MRBR MRB–1928, the 

general revisions may be inserted in the 

Embraer 190 MRBR MRB–1928, provided the 

relevant information in the general revision 

is identical to that in TR 2–5 and TR 2–6, and 

the TRs may be removed. 

(2) The initial compliance times for the 

tasks specified in Embraer TR 2–5, dated 

December 6, 2007; and Embraer TR 2–6, 

dated February 12, 2008; start at the later of 

the times specified in paragraphs (f)(2)(i) and 

(f)(2)(ii) of this AD. For certain tasks, the 

compliance times depend on the premodification and post-modification 

condition of the associated service bulletin, 

as specified in the ‘‘Applicability’’ column of 

the TRs. 

(i) Within the applicable threshold times 

specified in the TRs. 

(ii) At the applicable compliance time 

specified in Table 1 of this AD. 

TABLE 1—MRBR TRS AND TASKS, WITH COMPLIANCE TIMES

MRBR TR Subject MRBR task No. Compliance time 

TR 2–5 ................................... Wing stub main box lower skin and 

splices—internal.

57–01–002–0002 250 flight cycles after effective date of this 

AD. 

TR 2–5 ................................... Wing stub spar 3—internal/external .............. 57–01–008–0003 500 flight cycles after effective date of this 

AD. 

TR 2–5 ................................... Wing stub spar 3—external ........................... 57–01–008–0004 500 flight cycles after effective date of this 

AD. 

TR 2–5 ................................... Wing lower skin panel stringers—internal ..... 57–10–007–0004 500 flight cycles after effective date of this 

AD. 

TR 2–5 ................................... Wing main box rib 11—internal ..................... 57–10–012–0003 500 flight cycles after effective date of this 

AD. 

TR 2–6 ................................... Nose landing gear wheel well metallic structure.53–10–021–0004 500 flight cycles after effective date of this 

AD. 

(iii) Thereafter, except as provided in 

paragraph (g) of this AD, no alternative 

replacement times or structural inspection 

intervals may be approved for these tasks. 

FAA AD Differences 

Note 3: This AD differs from the MCAI 

and/or service information as follows: 

Although the MCAI specifies both revising 

the airworthiness limitations and doing 

repetitive inspections, this AD only specifies 

the revision. Requiring revision of the 

airworthiness limitations, rather than 

requiring individual repetitive inspections, is 

advantageous for operators because it allows 

them to record AD compliance status only at 

the time that they make the revision, rather 

than after every inspection. It also has the 

advantage of keeping all airworthiness 

limitations, whether imposed by original 

certification or by AD, in one place within 

the operator’s maintenance program, thereby 

reducing the risk of non-compliance because 

of oversight or confusion. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): 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: Kenny Kaulia, 

Aerospace Engineer, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

227–2848; fax (425) 227–1149. Before using 

any approved AMOC on any airplane to 

which the AMOC applies, notify your 

principal maintenance inspector (PMI) or 

principal avionics inspector (PAI), as 

appropriate, or lacking a principal inspector, 

your local Flight Standards District Office. 

The AMOC approval letter must specifically 

reference this AD. 

(2) Airworthy Product: For any 

requirement in this AD to obtain corrective 

actions from a manufacturer or other source, 

use these actions if they are FAA-approved. 

Corrective actions are considered FAAapproved if they are approved by the State 

of Design Authority (or their delegated 

agent). You are required to assure the product 

is airworthy before it is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, under the 

provisions of the Paperwork Reduction Act 

(44 U.S.C. 3501 et seq.), the Office of 

Management and Budget (OMB) has 

approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(h) Refer to MCAI Brazilian Airworthiness 

Directive 2009–04–02, dated April 29, 2009; 

TR 2–5, dated December 6, 2007; and TR 2– 

6, dated February 12, 2008; for related 

information. 

Issued in Renton, Washington, on February 

24, 2010. 

Jeffrey E. Duven, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2010–4506 Filed 3–3–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0174; Directorate 

Identifier 2009–NM–186–AD] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model ERJ 170 and ERJ 

190 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above that would 

supersede an existing AD. This 

proposed AD results from mandatory 

continuing airworthiness information 

(MCAI) originated by an aviation 

authority of another country to identify 

and correct an unsafe condition on an 

aviation product. The MCAI for 

EMBRAER Model ERJ 170 describes the 

unsafe condition as: It has been found 

the occurrence of an engine in-flight 

shutdown caused by the LPCV [low 

pressure check valves] failing to close 

due to excessive wear, which leads to 

the concern that such fault may be 

present in both engines of a given 

aircraft. The MCAI for EMBRAER Model 

ERJ 190 describes the unsafe condition 

as: An occurrence of an uncommanded 

engine in-flight shutdown (IFSD) was 

reported, which was caused by an ERJ 

170 defective LPCV. The valve failed to 

close due to excessive wear. Despite 


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there were no IFSD related to LPCV 

failure, some ERJ 190 valves were 

inspected and presented cracks due to 

low cycle fatigue. Since this failure 

mode also might lead to an engine inflight shutdown and since both engines 

of the airplane have the same valves, 

there is a possibility of an occurrence of 

a dual engine IFSD due to LPCV failure. 

The proposed AD would require actions 

that are intended to address the unsafe 

condition described in the MCAI. 

DATES: We must receive comments on 

this proposed AD by April 19, 2010. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–40, 1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this proposed AD, contact Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER), Technical Publications 

Section (PC 060), Av. Brigadeiro Faria 

Lima, 2170–Putim–12227–901 Sa ̃o Jose 

dos Campos–SP—BRASIL; telephone: 

+55 12 3927–5852 or +55 12 3309–0732; 

fax: +55 12 3927–7546; e-mail: 

distrib@embraer.com.br; Internet: http:// 

www.flyembraer.com. You may review 

copies of the referenced service 

information at the FAA, Transport 

Airplane Directorate, 1601 Lind 

Avenue, SW., Renton, Washington. For 

information on the availability of this 

material at the FAA, call 425–227–1221 

or 425–227–1152. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Operations office between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains this proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Operations 

office (telephone (800) 647–5527) is in 

the ADDRESSES section. Comments will 

be available in the AD docket shortly 

after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Kenny Kaulia, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–2848; fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2010–0174; Directorate Identifier 

2009–NM–186–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD based on those comments. 

We have lengthened the 30-day 

comment period for proposed ADs that 

address MCAI originated by aviation 

authorities of other countries to provide 

adequate time for interested parties to 

submit comments. The comment period 

for these proposed ADs is now typically 

45 days, which is consistent with the 

comment period for domestic transport 

ADs. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this proposed AD. 

Discussion 

On July 30, 2007, we issued AD 2007– 

16–09, Amendment 39–15148 (72 FR 

44734, August 9, 2007). That AD 

required actions intended to address an 

unsafe condition on the products listed 

above. 

Since we issued AD 2007–16–09, we 

have received reports of cracking in 

low-stage check valves having part 

number (P/N) 1001447–4. The Ageˆncia 

Nacional de Aviac ̧a ̃o Civil (ANAC), 

which is the aviation authority for 

Brazil, has issued Brazilian 

Airworthiness Directive 2005–09–03R2, 

effective February 25, 2008 and 2006– 

11–01R4, effective April 9, 2009 

(referred to after this as ‘‘the MCAI’’), to 

correct an unsafe condition for the 

specified products. The MCAI for 

EMBRAER Model ERJ 170 states: 

It has been found the occurrence of an 

engine in-flight shutdown caused by the 

LPCV [low pressure check valves] failing to 

close due to excessive wear, which leads to 

the concern that such fault may be present 

in both engines of a given aircraft. 

* * * * * 

The MCAI for EMBRAER Model ERJ 

190 states: 

An occurrence of an uncommanded engine 

in-flight shutdown (IFSD) was reported on 20 

Sep. 2005, which was caused by an ERJ 170 

defective LPCV [part number] P/N 1001447– 

3 logging 3900 Flight Hours (FH). The valve 

failed to close due to excessive wear. Despite 

there were no IFSD related to LPCV P/N 

1001447–4 failure, some ERJ 190 valves P/N 

1001447–4 logging around 2472 FH were 

inspected and presented cracks due to low 

cycle fatigue. Since this failure mode also 

might lead to an engine in-flight shutdown 

and since both engines of the airplane have 

the same valves, there is a possibility of an 

occurrence of a dual engine IFSD due to 

LPCV failure. 

* * * * * 

The required actions include 

repetitive replacements of the low-stage 

check valves and associated seals of the 

left-hand and right-hand engine bleed 

system with new or serviceable valves, 

depending on the model. For certain 

airplanes, this proposed AD also 

includes an optional terminating action 

for the repetitive replacements. This 

proposed AD would also require, if the 

terminating action is done, revising the 

approved maintenance plan to include 

repetitive functional tests of the lowstage check valve. For certain other 

airplanes, this proposed AD would 

require replacing a certain low-stage 

check valve with an improved low-stage 

check valve. You may obtain further 

information by examining the MCAI in 

the AD docket. 

Relevant Service Information 

EMBRAER has issued the service 

information listed in the following table: 

SERVICE INFORMATION

Document Revision Date 

EMBRAER Service Bulletin 170–36–0004 ........................................................................................................ 01 March 10, 2008. 

EMBRAER Service Bulletin 170–36–0011 ........................................................................................................ 02 July 19, 2007. 

EMBRAER Service Bulletin 190–36–0006 ........................................................................................................ 01 July 19, 2007. 

EMBRAER Service Bulletin 190–36–0014 ........................................................................................................ 01 January 14, 2009. 


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SERVICE INFORMATION—Continued 

Document Revision Date 

Task 36–11–02–002 (Low Stage Bleed Check Valve) in Section 1 of the EMBRAER 170 Maintenance Review Board Report MRB–1621.5 November 5, 2008. 

The actions described in this service 

information are intended to correct the 

unsafe condition identified in the 

MCAI. 

Adding New Airplanes 

Since AD 2007–16–09, new models 

that are affected by the identified unsafe 

condition have been added to the U.S. 

type certificate data sheet and are 

included in this AD. We have added 

Models ERJ–190–200 STD, –200 LR, and 

–200 IGW to paragraph (c) of this 

proposed AD. 

Clarification of Applicability 

To clarify the affected airplanes, we 

have reviseds the applicability of this 

proposed AD. AD 2007–16–09 applied 

to ‘‘all’’ of the affected models. However, 

only airplanes equipped with certain 

LPCVs are affected by the identified 

unsafe condition. We have revised 

paragraph (c) of this AD accordingly. 

Change to Existing AD 

This proposed AD would retain 

certain requirements of AD 2007–16–09. 

Since AD 2007–16–09 was issued, the 

AD format has been revised, and certain 

paragraphs have been rearranged. As a 

result, the corresponding paragraph 

identifiers have changed in this 

proposed AD, as listed in the following 

table: 

REVISED PARAGRAPH IDENTIFIERS

Requirement in AD 

2007–16–09 

Corresponding 

requirement in this 

proposed AD 

paragraph (h) paragraph (g). 

paragraph (i) paragraph (h). 

paragraph (n) paragraph (i). 

FAA’s Determination and Requirements 

of This Proposed AD 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with the State of 

Design Authority, we have been notified 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are proposing this 

AD because we evaluated all pertinent 

information and determined an unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

Differences Between This AD and the 

MCAI or Service Information 

We have reviewed the MCAI and 

related service information and, in 

general, agree with their substance. But 

we might have found it necessary to use 

different words from those in the MCAI 

to ensure the AD is clear for U.S. 

operators and is enforceable. In making 

these changes, we do not intend to differ 

substantively from the information 

provided in the MCAI and related 

service information. 

We might also have proposed 

different actions in this AD from those 

in the MCAI in order to follow FAA 

policies. Any such differences are 

highlighted in a note within the 

proposed AD. 

Costs of Compliance 

Based on the service information, we 

estimate that this proposed AD would 

affect about 231 products of U.S. 

registry. 

The actions that are required by AD 

2007–16–09 and retained in this 

proposed AD, which are provided in the 

following table provide the estimated 

costs, at an average labor rate of $85 per 

work hour, for U.S. operators to comply 

with this AD. The parts manufacturer 

states that it will supply required parts 

to operators at no cost. 

ESTIMATED COSTS

Action Work 

hours Cost per airplane 

Number of 

U.S.- 

registered 

airplanes 

Fleet cost 

Replacement of RH check valves on Model ERJ 

170–100 LR, –100 STD, –100 SE, and –100 SU 

airplanes.

3 $255, per replacement cycle 55 $14,025, per replacement cycle. 

Replacement of LH check valves on Model ERJ 

170–100 LR, –100 STD, –100 SE, –100 SU, 

–200 LR, –200 STD, and –200 SU airplanes.

3 $255, per replacement cycle 75 $19,125, per replacement cycle. 

We estimate that it would take about 

6 work-hours per product to comply 

with the new basic requirements of this 

proposed AD. The average labor rate is 

$85 per work-hour. Required parts 

would cost about $4,219 per product. 

Where the service information lists 

required parts costs that are covered 

under warranty, we have assumed that 

there will be no charge for these costs. 

As we do not control warranty coverage 

for affected parties, some parties may 

incur costs higher than estimated here. 

Based on these figures, we estimate the 

cost of the proposed AD on U.S. 

operators to be $1,092,399, or $4,729 per 

product. 

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 


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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 determined that this proposed AD 

would not have federalism implications 

under Executive Order 13132. This 

proposed AD would 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 this proposed regulation: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

2. Is not a ‘‘significant rule’’ under the 

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 proposed AD and placed it in the 

AD docket. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 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 39–15148 (72 FR 

44734, August 9, 2007) and adding the 

following new AD: 

Empresa Brasileira de Aeronautica S.A. 

(EMBRAER): Docket No. FAA–2010– 

0174; Directorate Identifier 2009–NM– 

186–AD. 

Comments Due Date 

(a) We must receive comments by April 19, 

2010. 

Affected ADs 

(b) The AD supersedes AD 2007–16–09, 

Amendment 39–15148. 

Applicability 

(c) This AD applies to the airplanes 

identified in paragraphs (c)(1) and (c)(2) of 

this AD, certificated in any category. 

(1) Empresa Brasileira de Aeronautica S.A. 

(EMBRAER) Model ERJ 170–100 LR, –100 

STD, –100 SE, and –100 SU airplanes; and 

Model ERJ 170–200 LR, –200 STD, and –200 

SU airplanes; equipped with Hamilton 

Sundstrand low pressure check valve (LPCV) 

having part number (P/N) 1001447–3. 

(2) Empresa Brasileira de Aeronautica S.A. 

(EMBRAER) Model ERJ 190–100 ECJ, –100 

LR, –100 IGW, –100 STD airplanes; and 

Model ERJ 190–200 STD, –200 LR, and –200 

IGW airplanes; equipped with Hamilton 

Sundstrand LPCV having P/N 1001447–3 or 

1001447–4. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 36: Pneumatic. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) for 

EMBRAER Model ERJ 170 states: 

It has been found the occurrence of an 

engine in-flight shutdown caused by the 

LPCV failing to close due to excessive wear, 

which leads to the concern that such fault 

may be present in both engines of a given 

aircraft. 

* * * * * 

The MCAI for EMBRAER Model ERJ 190 

states: 

An occurrence of an uncommanded engine 

in-flight shutdown (IFSD) was reported on 20 

Sep. 2005, which was caused by an ERJ 170 

defective LPCV P/N 1001447–3 logging 3900 

Flight Hours (FH). The valve failed to close 

due to excessive wear. Despite there were no 

IFSD related to LPCV P/N 1001447–4 failure, 

some ERJ 190 valves P/N 1001447–4 logging 

around 2472 FH were inspected and 

presented cracks due to low cycle fatigue. 

Since this failure mode also might lead to an 

engine in-flight shutdown and since both 

engines of the airplane have the same valves, 

there is a possibility of an occurrence of a 

dual engine IFSD due to LPCV failure. 

* * * * * 

The required actions include repetitive 

replacements of the low-stage check valves 

and associated seals of the left-hand and 

right-hand engine bleed system with new or 

serviceable valves, depending on the model. 

For certain airplanes, this AD also includes 

an optional terminating action for the 

repetitive replacements. This AD also 

requires, if the terminating action is done, 

revising the approved maintenance plan to 

include repetitive functional tests of the lowstage check valve. For certain other airplanes, 

this AD requires replacing a certain low-stage 

check valve with an improved low-stage 

check valve. 

Restatement of Requirements of AD 2005– 

23–14, With Revised Service Bulletin 

Reference 

Replacement for Right-Hand (RH) Engine on 

Model ERJ 170–100 LR, –100 STD, –100 SE, 

and –100 SU Airplanes 

(f) For Model ERJ 170–100 LR, –100 STD, 

–100 SE, and –100 SU airplanes: Within 100 

flight hours after November 29, 2005 (the 

effective date of AD 2005–23–14, which was 

superseded by AD 2007–16–09), or prior to 

the accumulation of 3,000 total flight hours, 

whichever occurs later, replace the low-stage 

check valve and associated seals of the RH 

engine’s engine bleed system with a new 

check valve and new seals, in accordance 

with the Accomplishment Instructions of 

EMBRAER Alert Service Bulletin 170–36– 

A004, dated September 28, 2005; or 

paragraph 3.C. of the Accomplishment 

Instructions of EMBRAER Service Bulletin 

170–36–0004, dated November 18, 2005, or 

Revision 01, dated March 10, 2008. As of the 

effective date of this AD, only use EMBRAER 

Service Bulletin 170–36–0004, Revision 01, 

dated March 10, 2008. Repeat the 

replacement thereafter at intervals not to 

exceed 3,000 flight hours. 

Removed Check Valves 

(g) Although EMBRAER Alert Service 

Bulletin 170–36–A004, dated September 28, 

2005, specifies to send removed check valves 

to the manufacturer, this AD does not 

include that requirement. 

Restatement of Certain Requirements of AD 

2007–16–09, With Revised Service Bulletin 

Reference 

Replacement for Left-Hand (LH) Engine on 

All Model ERJ 170 Airplanes 

(h) For Model ERJ 170–100 LR, –100 STD, 

–100 SE, –100 SU, –200 LR, –200 STD, and 

–200 SU airplanes: Within 300 flight hours 

after September 13, 2007 (the effective date 

of AD 2007–16–09) or prior to the 

accumulation of 3,000 total flight hours, 

whichever occurs later, replace the low-stage 

check valve and associated seals of the LH 

engine’s engine bleed system with a new 

check valve and new seals, in accordance 

with paragraph 3.B. of the Accomplishment 

Instructions of EMBRAER Service Bulletin 

170–36–0004, dated November 18, 2005; or 

Revision 01, dated March 10, 2008. As of the 

effective date of this AD, only use EMBRAER 

Service Bulletin 170–36–0004, Revision 01, 

dated March 10, 2008. Repeat the 

replacement thereafter at intervals not to 

exceed 3,000 flight hours. 

Removed Check Valves in Accordance With 

New Service Bulletin 

(i) Although EMBRAER Service Bulletin 

170–36–0004, dated November 18, 2005, 

specifies to send removed check valves to the 

manufacturer, this AD does not include that 

requirement. 

New Requirements of This AD: Actions and 

Compliance 

(j) Unless already done, do the following 

actions. 

(1) For Model ERJ 170–200 LR, –200 STD, 

–and –200 SU airplanes: Within 100 flight 

hours after the effective date of this AD, or 

prior to the accumulation of 3,000 total flight 

hours, whichever occurs later, replace the 

low-stage check valve and associated seals of 

the RH engine’s engine bleed system with a 

new check valve and new seals, in 

accordance with the Accomplishment 

Instructions of EMBRAER Service Bulletin 

170–36–0004, Revision 01, dated March 10, 


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2008. Repeat the replacement thereafter at 

intervals not to exceed 3,000 flight hours. 

(2) For Model ERJ 170–100 LR, –100 STD, 

–100 SE, –100 SU, –200 LR, –200 STD, and 

–200 SU airplanes: Replacing the LPCV 

having P/N 1001447–3 with a new one 

having P/N 1001447–4 in accordance with 

EMBRAER Service Bulletin 170–36–0011, 

Revision 02, dated July 19, 2007, is a 

terminating action for the repetitive 

replacements required by paragraphs (f), (h), 

and (j)(1) of this AD. 

(3) For Model ERJ 170–100 LR, –100 STD, 

–100 SE, –100 SU, –200 LR, –200 STD, and 

–200 SU airplanes, at the earlier of the times 

specified in paragraphs (j)(3)(i) and (j)(3)(ii) 

of this AD, revise the maintenance program 

to include maintenance Task Number 36–11– 

02–002 (Low Stage Bleed Check Valve), 

specified in Section 1, of the EMBRAER 170 

Maintenance Review Board Report (MRBR), 

MRB–1621, Revision 5, dated November 5, 

2008. Thereafter, except as provided by 

paragraph (k) of this AD, no alternative 

inspection intervals may be approved for the 

task. 

(i) Within 180 days after accomplishing 

paragraph (j)(2) of this AD. 

(ii) Before any LPCV having P/N 1001447– 

4 accumulates 3,000 total flight hours, or 

within 300 flight hours after the effective 

date of this AD, whichever occurs later. 

(4) For Model ERJ 170–100 LR, –100 STD, 

–100 SE, –100 SU, –200 LR, –200 STD, and 

–200 SU airplanes: As of the effective date of 

this AD, no person may install any LPCV 

identified in paragraph (j)(4)(i) or (j)(4)(ii) of 

this AD on any airplane. 

(i) Any LPCV having P/N 1001447–3, 

installed on Model ERJ–170 airplanes, that 

has accumulated more than 3,000 total flight 

hours. 

(ii) Any LPCV having P/N 1001447–3, 

installed on Model ERJ–170 and ERJ–190 

airplanes that has accumulated 3,000 or more 

total flight hours. To calculate the equivalent 

number of flight hours for a LPCV having P/ 

N 1001447–3 that was installed on Model 

ERJ–190 airplane to be installed on a Model 

ERJ–170 airplane, the flight hours 

accumulated in operation on ERJ–190 models 

must be multiplied by a factor of 2 (100 

percent). 

(5) For Model ERJ 190–100 ECJ, –100 LR, 

–100 IGW, –100 STD, –200 STD, –200 LR, 

and –200 IGW airplanes: Within 100 flight 

hours after the effective date of this AD, 

replace all LPCVs having P/N 1001447–3 that 

have accumulated 1,500 total flight hours or 

more as of the effective date of this AD, with 

a new or serviceable LPCV having P/N 

1001447–4 that has accumulated less than 

2,000 total flight hours since new or since 

overhaul, in accordance with the 

Accomplishment Instructions of EMBRAER 

Service Bulletin 190–36–0006, Revision 01, 

dated July 19, 2007. 

(6) For Model ERJ 190–100 ECJ, –100 LR, 

–100 IGW, –100 STD, –200 STD, –200 LR, 

and –200 IGW airplanes: Replace all LPCVs 

having P/N 1001447–3 that have 

accumulated less than 1,500 total flight hours 

as of the effective date of this AD, before the 

LPCV accumulates 1,500 total flight hours or 

within 100 flight hours after the effective 

date of this AD, whichever occurs later. 

Replace that LPCV with a new or serviceable 

LPCV having P/N 1001447–4 that has 

accumulated less than 2,000 total flight hours 

since new or since overhaul, in accordance 

with the Accomplishment Instructions of 

EMBRAER Service Bulletin 190–36–0006, 

Revision 01, dated July 19, 2007. 

(7) For Model ERJ 190–100 ECJ, –100 LR, 

–100 IGW, –100 STD, –200 STD, –200 LR, 

and –200 IGW airplanes: Within 200 flight 

hours after the effective date of this AD, or 

before any LPCV having P/N 1001447–4 

installed on the right engine accumulates 

2,000 total flight hours since new or since 

overhaul, whichever occurs later, replace the 

valve with a new or serviceable LPCV having 

P/N 1001447–4 that has accumulated less 

than 2,000 total flight hours since new or 

since overhaul, in accordance with the 

Accomplishment Instructions of EMBRAER 

Service Bulletin 190–36–0014, Revision 01, 

dated January 14, 2009. Repeat the 

replacement on the right engine at intervals 

not to exceed 2,000 total flight hours on the 

LPCV since new or last overhaul. 

(8) For Model ERJ 190–100 ECJ, –100 LR, 

–100 IGW, –100 STD, –200 STD, –200 LR, 

and –200 IGW airplanes: Within 200 flight 

hours after the effective date of this AD, or 

before any LPCV having P/N 1001447–4 

installed on the left engine accumulates 

2,000 total flight hours since new or last 

overhaul, whichever occurs later, replace the 

valve with a new or serviceable LPCV having 

P/N 1001447–4 that has accumulated less 

than 2,000 total flight hours since new or 

since overhaul, in accordance with the 

Accomplishment Instructions of EMBRAER 

Service Bulletin 190–36–0014, Revision 01, 

dated January 14, 2009. Repeat the 

replacement on the left engine at intervals 

not to exceed 2,000 total flight hours on the 

LPCV since new or last overhaul. 

(9) For Model ERJ 190–100 ECJ, –100 LR, 

–100 IGW, –100 STD, –200 STD, –200 LR, 

and –200 IGW airplanes: As of the effective 

date of this AD, installation on the left and 

right engines with a LPCV 1001447–4 valve 

is allowed only if the valve has accumulated 

less than 2,000 total flight hours since new 

or last overhaul prior to installation. 

(10) For Model ERJ 190–100 ECJ, –100 LR, 

–100 IGW, –100 STD, –200 STD, –200 LR, 

and –200 IGW airplanes: As of the effective 

date of this AD, no LPCV having P/N 

1001447–3 may be installed on any airplane. 

Any LPCV having P/N 1001447–3 already 

installed on an airplane may remain in 

service until reaching the flight-hour limit 

defined in paragraphs (j)(5) and (j)(6) of this 

AD. 

(11) Replacing the LPCV is also acceptable 

for compliance with the requirements of 

paragraph (j)(2) of this AD if done before the 

effective date of this AD in accordance with 

EMBRAER Service Bulletin 170–36–0011, 

dated January 9, 2007; or EMBRAER Service 

Bulletin 170–36–0011, Revision 01, dated 

May 28, 2007. 

(12) Replacing the LPCV is also acceptable 

for compliance with the requirements of 

paragraphs (j)(5) and (j)(6) of this AD if done 

before the effective date of this AD in 

accordance with EMBRAER Service Bulletin 

190–36–0006, dated April 9, 2007. 

(13) Replacing the LPCV is also acceptable 

for compliance with the requirements of 

paragraph (j)(1) of this AD if done before the 

effective date of this AD in accordance with 

EMBRAER Service Bulletin 170–36–0004, 

dated November 18, 2005. 

Note 1: The actions in paragraphs (j)(5), 

(j)(6), (j)(7), (j)(8), (j)(9), and (j)(10) of this AD 

are considered interim action until a final 

action is identified, at which time we might 

consider issuing further rulemaking. 

FAA AD Differences 

Note 2: This AD differs from the MCAI 

and/or service information as follows: No 

differences. 

Other FAA AD Provisions 

(k) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, Transport Airplane 

Directorate, FAA, has the authority to 

approve AMOCs for paragraph (j) of this AD, 

if requested using the procedures found in 14 

CFR 39.19. Send information to ATTN: 

Kenny Kaulia, Aerospace Engineer, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA, 1601 Lind 

Avenue, SW., Renton, Washington 98057– 

3356; telephone (425) 227–2848; fax (425) 

227–1149. Before using any approved AMOC 

on any airplane to which the AMOC applies, 

notify your principal maintenance inspector 

(PMI) or principal avionics inspector (PAI), 

as appropriate, or lacking a principal 

inspector, your local Flight Standards District 

Office. The AMOC approval letter must 

specifically reference this AD. AMOCs 

approved previously in accordance with AD 

2007–16–09, Amendment 39–15148, are 

approved as AMOCs for the corresponding 

provisions of paragraph (j) of this AD. 

(2) Airworthy Product: For any 

requirement in this AD to obtain corrective 

actions from a manufacturer or other source, 

use these actions if they are FAA-approved. 

Corrective actions are considered FAAapproved if they are approved by the State 

of Design Authority (or their delegated 

agent). You are required to assure the product 

is airworthy before it is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, under the 

provisions of the Paperwork Reduction Act 

(44 U.S.C. 3501 et seq.), the Office of 

Management and Budget (OMB) has 

approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(l) Refer to MCAI Brazilian Airworthiness 

Directives 2005–09–03R2, effective February 

25, 2008; and 2006–11–01R4, effective April 

9, 2009; and the service information listed in 

Table 1 of this AD; for related information. 


sroberts on DSKD5P82C1PROD with PROPOSALS
Federal Register / Vol. 75, No. 42 / Thursday, March 4, 2010 / Proposed Rules 9821 

1Sections 404.900 and 416.1400. 

2Sections 404.1615(c)(1) and 416.1015(c)(1). 

3Sections 404.1615(c)(2) and 416.1015(c)(2). In 

some States, we are testing a modification to the 

disability determination procedures that allows 

State agency disability examiners called ‘‘single 

decisionmakers’’ (SDM) to make both favorable and 

unfavorable determinations alone in some cases; 

that is, without working in a team with a medical 

or psychological consultant. Sections 404.906(b)(2) 

and 416.1406(b)(2). We expect to continue that 

testing even if we adopt these proposed rules as 

final rules. However, if we adopt these proposed 

rules as final rules, the changes would apply in all 

States, including SDM States. They would allow 

SDMs and other disability examiners to make fully 

favorable determinations alone in QDD and 

compassionate allowance claims. 

4Sections 404.1619 and 416.1019. Our data 

demonstrate that the model is working as we 

intend. See, for example, ‘‘Good Practices in Social 

Security: The Quick Disability Determination (QDD) 

and Compassionate Allowances (CAL) Initiatives: A 

case of the Social Security Administration,’’ 

International Social Security Association (ISSA), 

2009, available at: http://www.issa.int/aiss/ 

Observatory/Good-Practices/The-Quick-DisabilityDetermination-QDD-and-CompassionateAllowances-CAL–Initiatives. In that paper, we 

reported to ISSA that the processing time for QDD 

allowances is about 12 days. 

TABLE 1—RELATED SERVICE INFORMATION

Document Revision Date 

EMBRAER Service Bulletin 170–36–0004 ...................................................................................................... 01 March 10, 2008. 

EMBRAER Service Bulletin 170–36–0011 ...................................................................................................... 02 July 19, 2007. 

EMBRAER Service Bulletin 190–36–0006 ...................................................................................................... 01 July 19, 2007. 

EMBRAER Service Bulletin 190–36–0014 ...................................................................................................... 01 January 14, 2009. 

Task 36–11–02–002 (Low Stage Bleed Check Valve) in Section 1 of the EMBRAER 170 Maintenance 

Review Board Report MRB–1621.

5 November 5, 2008. 

Issued in Renton, Washington, on February 

24, 2010. 

Jeffrey E. Duven, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2010–4505 Filed 3–3–10; 8:45 am] 

BILLING CODE 4910–13–P 

SOCIAL SECURITY ADMINISTRATION 

20 CFR Parts 404 and 416 

[Docket No. SSA–2008–0041] 

RIN 0960–AG87 

Disability Determinations by State 

Agency Disability Examiners 

AGENCY: Social Security Administration. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: We propose to amend our 

rules to permit disability examiners in 

the State agencies to make fully 

favorable determinations in certain 

claims for disability benefits under titles 

II and XVI of the Social Security Act 

(Act) without the approval of a medical 

or psychological consultant. The 

proposed changes would apply on a 

temporary basis only to claims we 

consider under our rules for Quick 

Disability Determinations (QDD) or 

under our compassionate allowance 

initiative. 

DATES: To be sure that we consider your 

comments, we must receive them no 

later than April 5, 2010. 

ADDRESSES: You may submit comments 

by any one of three methods—Internet, 

fax or mail. Do not submit the same 

comments multiple times or by more 

than one method. Regardless of which 

method you choose, please state that 

your comments refer to Docket No. 

SSA–2008–0041 so that we may 

associate your comments with the 

correct regulation. 

Caution: You should be careful to 

include in your comments only 

information that you wish to make 

publicly available. We strongly urge you 

not to include in your comments any 

personal information, such as Social 

Security numbers or medical 

information. 

1. Internet: We strongly recommend 

this method for submitting your 

comments. Visit the Federal 

eRulemaking portal at http:// 

www.regulations.gov. Use the Search 

function of the webpage to find docket 

number SSA–2008–0041, then submit 

your comment. Once you submit your 

comment, the system will issue you a 

tracking number to confirm your 

submission. You will not be able to 

view your comment immediately as we 

must manually post each comment. It 

may take up to a week for your 

comment to be viewable. 

2. Fax: Fax comments to (410) 966– 

2830. 

3. Mail: Address your comments to 

the Office of Regulations, Social 

Security Administration, 137 Altmeyer 

Building, 6401 Security Boulevard, 

Baltimore, MD 21235–6401. 

Comments are available for public 

viewing on the Federal eRulemaking 

portal at http://www.regulations.gov or 

in person, during regular business 

hours, by arranging with the contact 

person identified below. 

FOR FURTHER INFORMATION CONTACT: 

Nancy Schoenberg, Office of 

Compassionate Allowances and 

Disability Outreach, Social Security 

Administration, 4692 Annex, 6401 

Security Boulevard, Baltimore, MD 

21235–6401, (410) 966–9408, for 

information about this notice. 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: 

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. 

What Do Our Current Rules Provide? 

Under our current rules, a State 

agency disability examiner and a State 

agency medical or psychological 

consultant generally work together to 

make disability determinations at the 

first two levels of the administrative 

review process for adjudicating 

disability claims under titles II and XVI 

of the Act.1 The members of the team 

are jointly responsible for the 

determination.2 A State agency 

disability examiner can make the 

disability determination alone only 

when there is no medical evidence to 

evaluate and the claimant fails or 

refuses, without a good reason, to go to 

a consultative examination.3

Although we evaluate all disability 

claims using the same criteria, we have 

developed two methods for expediting 

certain claims where there is a high 

probability that we will find the 

claimant disabled. In the QDD process, 

we use a computer-based predictive 

model to analyze specific elements of 

data in electronic claim files. The 

predictive model identifies claims in 

which there is a high potential that the 

claimant is disabled and in which we 

can quickly and easily obtain evidence 

supporting the claimant’s allegations.4

In the compassionate allowance 

initiative, we use a list of conditions to 

quickly identify diseases and other 

medical conditions that invariably 

qualify under the Listing of Impairments 


sroberts on DSKD5P82C1PROD with PROPOSALS