Federal Register / Vol. 74, No. 185 / Friday, September 25, 2009 / Proposed Rules 48877 

(3) Reporting Requirements: For any 

reporting requirement in this AD, under the 

provisions of the Paperwork Reduction Act, 

the Office of Management and Budget (OMB) 

has approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(j) Refer to MCAI EASA Airworthiness 

Directive 2008–0173, dated September 15, 

2008, and the service information identified 

in Table 5 of this AD for related information. 

TABLE 5—SERVICE INFORMATION REQUIRED BY THIS AD 

Airbus service information Revision level Date 

AOT A340–24A5021 ........................................................ 02 ..................................................................................... December 20, 2007. 

AOT A330–24A3042 ........................................................ 02 ..................................................................................... April 12, 2007. 

AOT A330–24A3044 ........................................................ 03 ..................................................................................... May 26, 2008. 

AOT A340–24A4056 ........................................................ 02 ..................................................................................... April 12, 2007. 

AOT A340–24A4057 ........................................................ 03 ..................................................................................... December 20, 2007. 

AOT A340–24A5020 ........................................................ 02 ..................................................................................... April 12, 2007. 

Service Bulletin A330–24–3045 ....................................... Original ............................................................................ June 13, 2008. 

Service Bulletin A340–24–4058 ....................................... Original ............................................................................ June 13, 2008. 

Service Bulletin A340–24–5022 ....................................... Original ............................................................................ June 23, 2008. 

Issued in Renton, Washington, on 

September 16, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–23189 Filed 9–24–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–0083; Directorate 

Identifier 2006–NM–266–AD] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model EMB–135BJ, 

–135ER, –135KE, –135KL, –135LR, 

–145, –145ER, –145MR, –145LR, 

–145XR, –145MP, and –145EP 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Supplemental notice of 

proposed rulemaking (NPRM); 

reopening of comment period. 

SUMMARY: We are revising an earlier 

supplemental NPRM for the products 

listed above. This action revises the 

earlier supplemental NPRM by 

expanding the scope. 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 describes the unsafe 

condition as: It has been found the 

occurrence of engine anti-ice system 

valve failure, where the valve spring 

seat has broken and obstructed the antiice system venturi tube. Therefore, 

should the aircraft encounter icing 

conditions, ice may accrete in the 

engine inlet lip and be ingested through 

the air inlet, resulting in possible engine 

damage and flame-out. 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 October 15, 2009. 

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: 

Sanjay Ralhan, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–1405; 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–2007–0083; Directorate Identifier 

2006–NM–266–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 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 

We proposed to amend 14 CFR part 

39 with an earlier supplemental NPRM 

for the specified products, which was 

published in the Federal Register on 


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April 9, 2009 (74 FR 16154). That earlier 

supplemental NPRM proposed to 

require actions intended to address the 

unsafe condition for the products listed 

above. 

Since that supplemental NPRM was 

issued, we have determined that the 

compliance times specified in that 

earlier supplemental NPRM must be 

reduced, for the reasons provided in the 

comments below. 

Comments 

We have considered the following 

comments received on the earlier 

supplemental NPRM. 

Request To Reduce Compliance Times 

Embraer requests that we reduce the 

compliance times specified in 

paragraphs (f)(5), (f)(7), and (f)(8) of the 

earlier supplemental NPRM. 

Embraer recommends that the ‘‘1,500 

flight hours or 9 months’’ compliance 

time specified in paragraph (f)(5) of the 

earlier supplemental NPRM be reduced 

to ‘‘500 flight hours or 6 months.’’ 

Embraer states that there were no 

reports of debris found in the engine 

anti-ice system during removal of part 

number (P/N) C146009–4 when the 

Brazilian AD 2006–09–03 was issued 

(October 30, 2006). However, Embraer 

states that now, as described in Embraer 

Service Newsletter (SNL) 145–30–0022, 

dated December 23, 2008, it has 

received six reports of debris found in 

the engine anti-ice system during 

removal of P/N C146009–4. 

Embraer also recommends that the 

compliance time of ‘‘12 months after the 

effective date of this AD’’ specified in 

paragraph (f)(7) of the earlier 

supplemental NPRM and ‘‘30 months 

after the effective date of this AD’’ 

specified in paragraph (f)(8) of the 

earlier supplemental NPRM be reduced 

because the corresponding Brazilian AD 

2006–09–03 was issued October 30, 

2006, and the compliance time since the 

effective date of Brazilian AD 2006–09– 

03 has long since expired. Embraer 

states that in order to avoid the unsafe 

condition remaining for a period of time 

excessively higher than that foreseen in 

the Brazilian AD, the compliance times 

in paragraphs (f)(7) and (f)(8) of the 

earlier supplemental NPRM should be 

reduced. 

We agree with the request to reduce 

the compliance times in paragraphs 

(f)(5), (f)(7), and (f)(8) of this second 

supplemental NPRM. We contacted 

Embraer for clarification on the reports 

it received. Embraer stated that it 

received in-service data showing that 

the additional cases of debris were 

found in the engine anti-ice system 

(EAIS) tubes of airplanes where engine 

anti-ice valve (EAIV) P/N C146009–2 or 

C146009–3 was removed and replaced 

with P/N C146009–4 in accordance with 

the illustrated parts catalog (IPC), and 

special detailed inspections (SDIs) 

(borescopic inspections) of the EAIS 

tubes to detect and clear debris were not 

performed. 

Additional in-service data received by 

Embraer since the time the Brazilian AD 

was issued show that 86% of the U.S. 

fleet has installed the EAIV P/N 

C146009–4, replacing either P/N 

C146009–2 or P/N C146009–3; 

therefore, these airplanes with valves 

installed per the IPC and without 

performing SDIs may be exposed to risk 

of failure of the EAIS. Additionally, in 

case of partial blockage of the EAIS 

tubes, the system logic does not check 

or warn the flight crew regarding 

insufficient thermal energy 

(unobstructed hot air flow) being sent to 

the engine lip under icing conditions. 

Therefore, based on this new 

information, we have reduced the 

compliance times in paragraph (f)(5) of 

this second supplemental NPRM from 

‘‘1,500 flight hours or 9 months’’ to ‘‘500 

flight hours or 6 months,’’ the 

compliance times in paragraph (f)(7) of 

this second supplemental NPRM from 

‘‘2,500 flight hours or 12 months’’ to 

‘‘1,000 flight hours or 10 months,’’ and 

the compliance times in paragraph (f)(8) 

of this second supplemental NPRM from 

‘‘6,000 flight hours or 30 months’’ to 

‘‘1,000 flight hours or 10 months.’’ 

In developing the new compliance 

times for this second supplemental 

NPRM, we considered not only the 

safety implications of the identified 

unsafe condition, but the average 

utilization rate of the affected fleet, the 

practical aspects of doing the actions 

during regular maintenance periods, the 

availability of required parts, and the 

time necessary for the rulemaking 

process. 

Request To Allow Alternate Part 

Number 

Aerospace Sealants requests that we 

add parts manufacturer approval (PMA) 

part number (P/N) 9–C146009–4 to the 

supplemental NPRM as an alternative to 

Embraer P/N C146009–4. The 

commenter adds that PMA approval 

PQ3886CE, dated January 3, 2008, is for 

Aerospace Sealants P/N 9–C146009–4. 

The commenter notes that the 

Aerospace Sealants part is the only 

FAA-approved alternative product to P/ 

N C146009–4. 

We disagree with adding the PMA 

part number to this AD. Whether an 

alternative part is ‘‘equivalent’’ in 

adequately resolving the unsafe 

condition can only be determined on a 

case-by-case basis based on a complete 

understanding of the unsafe condition. 

The commenter did not provide 

justification that the identified unsafe 

condition has been mitigated, and that 

an acceptable level of safety is 

maintained with the PMA part. 

We have determined that an unsafe 

condition exists and that installation of 

Embraer P/N C146009–4 specified in 

paragraph (f) of this AD must be 

accomplished to ensure continued 

safety. As provided by paragraph (g)(1) 

of this AD, any person may request an 

AMOC if data are submitted to 

demonstrate that using P/N 9–C146009– 

4 would provide an acceptable level of 

safety. This is necessary so that we can 

make a specific determination that an 

alternative part is or is not susceptible 

to the same unsafe condition. Therefore, 

no change has been made to the second 

supplemental NPRM in this regard. 

Request for Clarification of Paragraph 

(f) of the Supplemental NPRM 

Embraer requests that we clarify 

paragraph (f) of the earlier supplemental 

NPRM by revising the wording at 

several locations. 

For paragraphs (f)(1)(i), (f)(1)(ii), and 

(f)(1)(iii) of the earlier supplemental 

NPRM, Embraer requests that we revise 

the wording ‘‘If any [engine] anti-ice 

system valve with P/N * * * is found 

* * *’’ with the wording ‘‘For engine 

anti-ice system valves with P/N * * *, 

’’ to avoid the possibility of an engine 

anti-ice system not being inspected due 

to the existence of a valve with a 

different part number on the opposite 

engine anti-ice system. 

We agree for the reason provided by 

the commenter. We have revised 

paragraphs (f)(1)(i), (f)(1)(ii), and 

(f)(1)(iii) of this second supplemental 

NPRM accordingly. 

For paragraph (f)(1)(ii)(A) of the 

earlier supplemental NPRM, Embraer 

requests that we replace the wording 

‘‘remove the obstruction’’ with ‘‘remove 

all obstructions.’’ 

We agree and have revised paragraph 

(f)(1)(ii)(A) of this second supplemental 

NPRM accordingly. 

For paragraph (f)(3) of the earlier 

supplemental NPRM, Embraer requests 

that we remove the wording ‘‘and any 

damage or obstruction repaired.’’ 

Embraer states that the applicable 

service bulletins do not provide 

instructions for repairing the valves, and 

therefore the defective valves must be 

replaced. Embraer also states that 

eliminating obstructions is not 

applicable to the valves. 

We agree for the reason provided by 

the commenter. We have revised 


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Federal Register / Vol. 74, No. 185 / Friday, September 25, 2009 / Proposed Rules 48879 

paragraph (f)(3) of this second 

supplemental NPRM accordingly. 

For paragraph (f)(4) of the earlier 

supplemental NPRM, Embraer requests 

that we replace the wording ‘‘any 

damage or obstruction repaired’’ with 

‘‘all obstructions removed.’’ 

We agree we should clarify the 

actions specified in paragraph (f)(4) of 

this second supplemental NPRM. The 

service information specified in this 

second supplemental NPRM refers to 

the airplane maintenance manuals 

(AMMs) for the inspection of the tubes, 

and the AMMs include procedures to 

remove obstructions. We have clarified 

paragraph (f)(4) of this second 

supplemental NPRM by replacing ‘‘and 

any damage or obstruction repaired’’ 

with ‘‘and all obstructions removed.’’ 

For paragraph (f)(6) of the earlier 

supplemental NPRM, Embraer proposes 

that we replace ‘‘repair any damage or 

obstruction’’ with ‘‘remove any 

defective valve from service and remove 

all obstructions from the tubes.’’ 

We agree we should clarify the 

actions specified in paragraph (f)(6) of 

this second supplemental NPRM. The 

service information specified in this AD 

specifies to replace the valves if damage 

is found. Therefore, we should have 

clarified that the ‘‘repair’’ is replacing 

the valves. We have clarified paragraph 

(f)(6) of this second supplemental 

NPRM by replacing ‘‘and any damage or 

obstruction repaired’’ with ‘‘and replace 

all damaged valves and remove all 

obstructions.’’ 

We have also clarified paragraph 

(f)(2)(ii) of this second supplemental by 

replacing ‘‘or remove the obstruction’’ 

with ‘‘or re-install the tube.’’ The 

condition for the actions in paragraph 

(f)(2)(ii) of this second supplemental 

NPRM is ‘‘if the valve is not damaged, 

or the tube is not obstructed.’’ 

Therefore, there is no obstruction to 

remove and the tube may be reinstalled. 

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. 

Certain changes described above 

expand the scope of the earlier 

supplemental NPRM. As a result, we 

have determined that it is necessary to 

reopen the comment period to provide 

additional opportunity for the public to 

comment on this proposed AD. 

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 the inspection specified in 

this proposed AD would affect about 

697 products of U.S. registry. We also 

estimate that it would take about 2 

work-hours per airplane to comply with 

the inspection requirements of this 

proposed AD. The average labor rate is 

$80 per work-hour. Based on these 

figures, we estimate the cost of the 

inspection specified in the proposed AD 

on U.S. operators to be $111,520, or 

$160 per airplane. 

We also estimated that the 

replacement specified in this proposed 

AD would affect up to 306 parts. We 

estimate that it would take about 5 

work-hours per part to comply with the 

replacement requirements of this 

proposed AD (some airplanes have no 

affected parts and other airplanes have 

either one or two affected parts). 

Required parts would cost $27,507 per 

part. 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 replacement specified in the 

proposed AD on U.S. operators to be 

$8,539,542, or $27,907 per part. 

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 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 adding 

the following new AD: 

Empresa Brasileira de Aeronautica S.A. 

(EMBRAER): Docket No. FAA–2007– 


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48880 Federal Register / Vol. 74, No. 185 / Friday, September 25, 2009 / Proposed Rules 

0083; Directorate Identifier 2006–NM– 

266–AD. 

Comments Due Date 

(a) We must receive comments by October 

15, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to EMBRAER Model 

EMB–135BJ, –135ER, –135KE, –135KL, 

–135LR, –145, –145ER, –145MR, –145LR, 

–145XR, –145MP, and –145EP airplanes, 

certificated in any category, except airplanes 

having serial numbers 14500921, 14500928, 

14500932, 14500949, 14500958, 14500971, 

14500973 and up, which will have in-factory 

modification incorporated. 

Subject 

(d) Air Transport Association of America 

Code 30: Ice and Rain Protection. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

It has been found the occurrence of engine 

anti-ice system valve failure, where the valve 

spring seat has broken and obstructed the 

anti-ice system venturi tube. Aircraft 

dispatch with that failure may be allowed by 

the operator Minimum Equipment List 

(MEL), [if] the engine anti-ice system valve 

[is] locked in the OPEN position. However, 

there is no readily available means to make 

sure the anti-ice system tubing is free of 

debris, allowing unrestricted hot airflow to 

the piccolo tube on the engine inlet lip. 

Therefore, should the aircraft encounter icing 

conditions, ice may accrete in the engine 

inlet lip and be ingested through the air inlet, 

resulting in possible engine damage and 

flame-out. 

The required actions include an inspection to 

determine the part number of the engine antiicing system valves; repetitive inspections of 

certain engine anti-icing system valves and 

tubes to detect damage, and replacement of 

the valves if damage is found; and eventual 

replacement of certain anti-icing system 

valves. 

Actions and Compliance 

(f) Unless already done, do the following 

actions. 

(1) PART I—Within 500 flight hours or 3 

months after the effective date of this AD, 

whichever occurs first, carry out a general 

visual inspection of both LH (left-hand) and 

RH (right-hand) engine anti-ice system valves 

to determine their P/N (part number). 

(i) For engine anti-ice system valves with 

P/N C146009–2: No further action is required 

by paragraph (f)(1) of this AD. 

(ii) For engine anti-ice system valves with 

P/N C146009–3: Before further flight, remove 

the valve and carry out a detailed inspection 

regarding its integrity; and carry out a special 

detailed inspection for an obstruction in the 

corresponding engine anti-ice system tubes; 

according to the detailed instructions and 

procedures described in Embraer Service 

Bulletin 145–30–0049, dated June 28, 2006, 

or Revision 01, dated October 19, 2006; or 

Embraer Service Bulletin 145LEG–30–0016, 

dated June 28, 2006, or Revision 01, dated 

February 5, 2007; as applicable. 

(A) If the valve is damaged or the tube is 

obstructed, before further flight: Replace the 

valve with a serviceable or new valve bearing 

P/N C146009–2, C146009–3, or C146009–4; 

or remove all obstructions; as applicable; in 

accordance with the Accomplishment 

Instructions of Embraer Service Bulletin 145– 

30–0049, dated June 28, 2006, or Revision 01, 

dated October 19, 2006; or Embraer Service 

Bulletin 145LEG–30–0016, dated June 28, 

2006, or Revision 01, dated February 5, 2007; 

as applicable. 

(B) If the valve is not damaged or the tube 

is not obstructed, re-install the valve or 

install a serviceable or new valve bearing 

P/N C146009–2, C146009–3, or C146009–4; 

or re-install the tube; in accordance with the 

Accomplishment Instructions of Embraer 

Service Bulletin 145–30–0049, dated June 28, 

2006, or Revision 01, dated October 19, 2006; 

or Embraer Service Bulletin 145LEG–30– 

0016, dated June 28, 2006, or Revision 01, 

dated February 5, 2007; as applicable. 

(iii) For engine anti-ice system valves with 

P/N C146009–4: No further action is required 

by paragraph (f)(1) of this AD. In this case, 

paragraphs (f)(2), (f)(3), (f)(4), (f)(7), and (f)(8) 

of this AD are not applicable. However, 

paragraphs (f)(5) and (f)(6) of this AD must 

be accomplished. 

(2) PART II—Within 1,500 flight hours or 

9 months after the effective date of this AD, 

whichever occurs first, and thereafter at 

intervals that do not exceed 1,000 flight 

hours or 6 months, whichever occurs first, 

carry out a detailed inspection for damage of 

both LH and RH engine anti-ice system 

valves bearing P/N C146009–2 or C146009– 

3; and a special detailed inspection for 

obstruction of the corresponding engine antiice system tubes; according to the detailed 

instructions and procedures described in 

Embraer Service Bulletin 145–30–0049, dated 

June 28, 2006, or Revision 01, dated October 

19, 2006; or Embraer Service Bulletin 

145LEG–30–0016, dated June 28, 2006, or 

Revision 01, dated February 5, 2007; as 

applicable; and accomplish paragraphs 

(f)(2)(i) and (f)(2)(ii) of this AD, as applicable. 

(i) If the valve is damaged or the tube is 

obstructed, before further flight: Replace the 

valve with a serviceable or new valve bearing 

P/N C146009–2, C146009–3, or C146009–4; 

or remove all obstructions; as applicable; in 

accordance with the Accomplishment 

Instructions of Embraer Service Bulletin 145– 

30–0049, dated June 28, 2006, or Revision 01, 

dated October 19, 2006; or Embraer Service 

Bulletin 145LEG–30–0016, dated June 28, 

2006, or Revision 01, dated February 5, 2007; 

as applicable. 

(ii) If the valve is not damaged, or the tube 

is not obstructed, before further flight: Reinstall the valve or install a serviceable or 

new valve bearing P/N C146009–2 C146009– 

3, or C146009–4; or re-install the tube; as 

applicable; in accordance with the 

Accomplishment Instructions of Embraer 

Service Bulletin 145–30–0049, dated June 28, 

2006, or Revision 01, dated October 19, 2006; 

or Embraer Service Bulletin 145LEG–30– 

0016, dated June 28, 2006, or Revision 01, 

dated February 5, 2007; as applicable. 

(3) PART III—Any engine anti-ice system 

valve with P/N C146009–2 or C146009–3 that 

will be installed as a replacement, as 

provided for in paragraphs (f)(1) and (f)(2) of 

this AD, must undergo a detailed inspection 

for its integrity before installation, according 

to the detailed instructions and procedures 

described in Embraer Service Bulletin 145– 

30–0049, dated June 28, 2006, or Revision 01, 

dated October 19, 2006; or Embraer Service 

Bulletin 145LEG–30–0016, dated June 28, 

2006, or Revision 01, dated February 5, 2007; 

as applicable; and additionally adhere to 

paragraphs (f)(3)(i) and (f)(3)(ii) of this AD, as 

applicable. 

(i) If the valve is damaged, replace it with 

a serviceable or new valve bearing P/N 

C146009–2, C146009–3, or C146009–4; in 

accordance with the Accomplishment 

Instructions of Embraer Service Bulletin 145– 

30–0049, dated June 28, 2006, or Revision 01, 

dated October 19, 2006; or Embraer Service 

Bulletin 145LEG–30–0016, dated June 28, 

2006, or Revision 01, dated February 5, 2007; 

as applicable. 

(ii) If the valve is not damaged, installation 

is permitted. 

(4) PART IV—Any engine anti-ice system 

tubes that will be installed on the airplane as 

a replacement, as provided for in paragraphs 

(f)(1) and (f)(2) of this AD, must undergo a 

special detailed inspection before 

installation, and all obstructions removed, 

according to the detailed instructions and 

procedures described in Embraer Service 

Bulletin 145–30–0049, dated June 28, 2006, 

or Revision 01, dated October 19, 2006; or 

Embraer Service Bulletin 145LEG–30–0016, 

dated June 28, 2006, or Revision 01, dated 

February 5, 2007; as applicable. 

(5) PART V—If any engine anti-ice system 

valve with P/N C146009–4 has been found 

during the inspection required by paragraph 

(f)(1) of this AD, do paragraphs (f)(5)(i) or 

(f)(5)(ii) of this AD, as applicable, within 500 

flight hours or 6 months after the effective 

date of this AD, whichever occurs first. 

(i) If the valve was installed according to 

the detailed instructions and procedures 

described in Embraer Service Bulletin 145– 

30–0044, Revision 01, dated June 26, 2006, 

Revision 02, dated September 25, 2006, 

Revision 03, dated December 12, 2006, or 

Revision 04, dated May 14, 2008; or Embraer 

Service Bulletin 145LEG–30–0018, Revision 

02, dated December 12, 2006, or Revision 03, 

dated May 14, 2008; as applicable: No further 

action is required by this AD. 

(ii) If the valve was installed according to 

detailed instructions and procedures other 

than those specified in paragraph (f)(5)(i) of 

this AD: Carry out a special detailed 

inspection in the corresponding engine antiice system tubes, and repair all damage and 

remove all obstructions; according to the 

detailed instructions and procedures 

described in Embraer Service Bulletin 145– 

30–0049, dated June 28, 2006, or Revision 01, 

dated October 19, 2006; or Embraer Service 

Bulletin 145LEG–30–0016, dated June 28, 

2006, or Revision 01, dated February 5, 2007; 

as applicable. After doing the actions 

specified in paragraph (f)(5)(ii) of this AD, no 

further action is required by this AD. 

(6) PART VI—Before aircraft dispatch with 

one or two engine anti-ice system valves 


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Federal Register / Vol. 74, No. 185 / Friday, September 25, 2009 / Proposed Rules 48881 

inoperative (Master Minimum Equipment 

List (MMEL) 30–21–01), carry out a detailed 

inspection for damage of the affected engine 

anti-ice system valves; and a special detailed 

inspection for obstruction of the 

corresponding engine anti-ice system tubes; 

and replace all damaged valves and remove 

all obstructions before further flight. Do all 

actions according to the detailed instructions 

and procedures described in Embraer Service 

Bulletin 145–30–0049, dated June 28, 2006, 

or Revision 01, dated October 19, 2006; or 

Embraer Service Bulletin 145LEG–30–0016, 

dated June 28, 2006, or Revision 01, dated 

February 5, 2007; as applicable; by 

accomplishing paragraph (f)(2) of this AD, 

unless the condition specified in paragraph 

(f)(6)(i) or (f)(6)(ii) of this AD has been met: 

(i) Valves with P/N C146009–4 have been 

previously installed according to the detailed 

instructions and procedures described in 

Embraer Service Bulletin 145–30–0044, dated 

October 31, 2005; Embraer Service Bulletin 

145LEG–30–0018, dated June 26, 2006; or 

Embraer Service Bulletin 145LEG–30–0018, 

Revision 01, dated September 25, 2006; as 

applicable; and additionally, paragraph 

(f)(5)(ii) of this AD has been accomplished. 

(ii) Valves with P/N C146009–4 have been 

previously installed according to the detailed 

instructions and procedures described in 

Embraer Service Bulletin 145–30–0044, 

Revision 01, dated June 26, 2006, Revision 

02, dated September 25, 2006, Revision 03, 

dated December 12, 2006, or Revision 04, 

dated May 14, 2008; or Embraer Service 

Bulletin 145LEG–30–0018, Revision 02, 

dated December 12, 2006, or Revision 03, 

dated May 14, 2008; as applicable. 

(7) PART VII—Within 1,000 flight hours or 

10 months after the effective date of this AD, 

whichever occurs first, install engine anti-ice 

system valves bearing P/N C146009–4 in the 

LH and RH engine positions, replacing P/N 

C146009–3, according to the detailed 

instructions and procedures described in 

Embraer Service Bulletin 145–30–0044, 

Revision 01, dated June 26, 2006, Revision 

02, dated September 25, 2006, Revision 03, 

dated December 12, 2006, or Revision 04, 

dated May 14, 2008; or Embraer Service 

Bulletin 145LEG–30–0018, Revision 02, 

dated December 12, 2006, or Revision 03, 

dated May 14, 2008; as applicable. 

(8) PART VIII—Within 1,000 flight hours 

or 10 months after the effective date of this 

AD, whichever occurs first, install engine 

anti-ice system valves bearing P/N C146009– 

4 in the LH and RH engine positions, 

replacing P/N C146009–2, according to the 

detailed instructions and procedures 

described in Embraer Service Bulletin 145– 

30–0044, Revision 01, dated June 26, 2006; 

Revision 02, dated September 25, 2006, 

Revision 03, dated December 12, 2006, or 

Revision 04, dated May 14, 2008; or Embraer 

Service Bulletin 145LEG–30–0018, Revision 

02, dated December 12, 2006, or Revision 03, 

dated May 14, 2008; as applicable. 

(9) PART IX—The installation of engine 

anti-ice system valves bearing P/N C146009– 

4 according to the detailed instructions and 

procedures described in Embraer Service 

Bulletin 145–30–0044, Revision 01, dated 

June 26, 2006, Revision 02, dated September 

25, 2006, Revision 03, dated December 12, 

2006; or Revision 04, dated May 14, 2008; or 

Embraer Service Bulletin 145LEG–30–0018, 

Revision 02, dated December 12, 2006, or 

Revision 03, dated May 14, 2008; as 

applicable; constitutes terminating action for 

this AD. 

Note 1: For the purposes of this AD, a 

general visual inspection is: ‘‘A visual 

examination of an interior or exterior area, 

installation, or assembly to detect obvious 

damage, failure, or irregularity. This level of 

inspection is made from within touching 

distance unless otherwise specified. A mirror 

may be necessary to ensure visual access to 

all surfaces in the inspection area. This level 

of inspection is made under normally 

available lighting conditions such as 

daylight, hangar lighting, flashlight, or 

droplight and may require removal or 

opening of access panels or doors. Stands, 

ladders, or platforms may be required to gain 

proximity to the area being checked.’’ 

Note 2: For the purposes of this AD, a 

detailed inspection is: ‘‘An intensive 

examination of a specific item, installation, 

or assembly to detect damage, failure, or 

irregularity. Available lighting is normally 

supplemented with a direct source of good 

lighting at an intensity deemed appropriate. 

Inspection aids such as mirror, magnifying 

lenses, etc., may be necessary. Surface 

cleaning and elaborate procedures may be 

required.’’ 

Note 3: For the purposes of this AD, a 

special detailed inspection is: ‘‘An intensive 

examination of a specific item, installation, 

or assembly to detect damage, failure, or 

irregularity. The examination is likely to 

make extensive use of specialized inspection 

techniques and/or equipment. Intricate 

cleaning and substantial access or 

disassembly procedure may be required.’’ 

FAA AD Differences 

Note 4: This AD differs from the MCAI 

and/or service information as follows (we 

have coordinated these differences with 

Ageˆncia Nacional de Aviac ̧a ̃o Civil (ANAC)): 

(1) ‘‘Part V’’ of the MCAI specifies a 

compliance time of within ‘‘1,500 flight 

hours or 9 months.’’ However, paragraph 

(f)(5) of this AD requires compliance ‘‘within 

500 flight hours or 6 months’’ for the 

corresponding action. 

(2) ‘‘Part VII’’ of the MCAI specifies a 

compliance time of ‘‘within 2,500 flight 

hours or 12 months.’’ However, paragraph 

(f)(7) of this AD requires compliance ‘‘within 

1,000 flight hours or 10 months’’ for the 

corresponding action. 

(3) ‘‘Part VIII’’ of the MCAI specifies a 

compliance time of ‘‘within 6,000 flight 

hours or 30 months.’’ However, paragraph 

(f)(8) of this AD requires compliance ‘‘within 

1,000 flight hours or 10 months’’ for the 

corresponding action. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, ANM–116, 

International Branch, 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: Sanjay Ralhan, 

Aerospace Engineer, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

227–1405; 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. 

(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 FAA-approved 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, 

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 Brazilian Airworthiness 

Directive 2006–09–03R1, effective January 4, 

2007; and the service bulletins listed in Table 

1 of this AD; for related information. 

TABLE 1—RELATED SERVICE BULLETINS

Embraer Service Bulletin— Revision— Dated— 

145–30–0044 .................................................................... 01 ..................................................................................... June 26, 2006. 

145–30–0044 .................................................................... 02 ..................................................................................... September 25, 2006. 

145–30–0044 .................................................................... 03 ..................................................................................... December 12, 2006. 

145–30–0044 .................................................................... 04 ..................................................................................... May 14, 2008. 

145-30-0049 ..................................................................... Original ............................................................................ June 28, 2006. 

145-30-0049 ..................................................................... 01 ..................................................................................... October 19, 2006. 

145LEG-30-0016 .............................................................. Original ............................................................................ June 28, 2006. 

145LEG-30-0016 .............................................................. 01 ..................................................................................... February 5, 2007. 


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48882 Federal Register / Vol. 74, No. 185 / Friday, September 25, 2009 / Proposed Rules 

TABLE 1—RELATED SERVICE BULLETINS—Continued 

Embraer Service Bulletin— Revision— Dated— 

145LEG-30–0018 ............................................................. 02 ..................................................................................... December 12, 2006. 

145LEG-30–0018 ............................................................. 03 ..................................................................................... May 14, 2008. 

Issued in Renton, Washington, on 

September 16, 2009. 

Ali Baharami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–23193 Filed 9–24–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0376; Directorate 

Identifier 2007–NM–322–AD] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 747–100, 747–200B, 747–300, 

and 747SR Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Supplemental notice of 

proposed rulemaking (NPRM); 

reopening of comment period. 

SUMMARY: We are revising an earlier 

proposed airworthiness directive (AD) 

for certain Boeing Model 747–100, 747– 

200B, 747–300, and 747SR series 

airplanes. The original NPRM proposed 

to require installation of a closeout 

panel and moisture curtains for the 

main equipment center. The original 

NPRM also proposed to require 

changing the drain tubes for the power 

drive units (PDU) and the pitot static 

tubes and installing larger moisture 

shrouds. The original NPRM resulted 

from a report of water contamination in 

the electrical and electronic units in the 

main equipment center. This action 

revises the original NPRM by adding 

airplanes to the applicability and 

removing certain others, and removing 

certain requirements. We are proposing 

this supplemental NPRM to prevent the 

malfunction of one or more electrical 

and electronic units in the main 

equipment center, which could 

adversely affect the airplane’s continued 

safe flight. 

DATES: We must receive comments on 

this supplemental NPRM by October 20, 

2009. 

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 

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

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

For service information identified in 

this proposed AD, contact Boeing 

Commercial Airplanes, Attention: Data 

& Services Management, P.O. Box 3707, 

MC 2H–65, Seattle, Washington 98124– 

2207; telephone 206–544–5000, 

extension 1; fax 206–766–5680; e-mail 

me.boecom@boeing.com; Internet 

https://www.myboeingfleet.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 Management Facility 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 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: 

Marcia Smith, Aerospace Engineer, 

Cabin Safety and Environmental 

Systems Branch, ANM–150S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 917–6484; fax (425) 917–6590. 

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–2008–0376; Directorate Identifier 

2007–NM–322–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 because of those 

comments. 

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 

We issued a notice of proposed 

rulemaking (NPRM) (the ‘‘original 

NPRM’’) to amend 14 CFR part 39 to 

include an airworthiness directive (AD) 

that would apply to certain Boeing 

Model 747–100, 747–200B, 747–300, 

and 747SR series airplanes. That 

original NPRM was published in the 

Federal Register on April 1, 2008 (73 FR 

17258). The original NPRM proposed to 

require installation of a closeout panel 

and moisture curtains for the main 

equipment center. The original NPRM 

also proposed to require changing the 

drain tubes for the power drive units 

and the pitot static tubes and installing 

larger moisture shrouds. 

Actions Since Original NPRM Was 

Issued 

Since we issued the original NPRM, 

we have reviewed a new revision of 

Boeing Alert Service Bulletin 747– 

25A3368. The original NPRM referred to 

Boeing Alert Service Bulletin 747– 

25A3368, Revision 1, dated June 25, 

2007, as the appropriate source of 

service information for installing a 

closeout panel and moisture curtains. 

We have reviewed Boeing Service 

Bulletin 747–25A3368, Revision 2, 

dated June 12, 2008. Revision 2 adds 

instructions to fabricate parts. In 

addition, the effectivity of the service 

bulletin changed, adding 14 airplanes 

and removing 3 airplanes. 

We have revised paragraph (f) of the 

original NPRM (which is now paragraph 

(g) of this supplemental NPRM) to refer 


jlentini on DSKJ8SOYB1PROD with PROPOSALS