Federal Register / Vol. 77, No. 247 / Wednesday, December 26, 2012 / Proposed Rules 75911 

GA 31402–2206; telephone 800–810–4853; 

fax 912–965–3520; email 

pubs@gulfstream.com; Internet http:// 

www.gulfstream.com/product_support/

technical_pubs/pubs/index.htm. 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. 

Issued in Renton, Washington, on 

December 17, 2012. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2012–31036 Filed 12–21–12; 4:15 pm] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–1230; Directorate 

Identifier 2011–NM–107–AD] 

RIN 2120–AA64 

Airworthiness Directives; Embraer S.A. 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to supersede an 

existing airworthiness directive (AD) 

that applies to certain Embraer S.A. 

Model ERJ 170 and ERJ 190 airplanes. 

The existing AD currently requires, for 

certain airplanes, repetitively replacing 

the low-stage check valve and 

associated seals of the right hand (RH) 

engine’s engine bleed system with a 

new check valve and new seals, 

replacing the low pressure check valves 

(LPCV), and revising the maintenance 

program. For certain other airplanes, the 

existing AD requires replacing a certain 

low-stage check valve with an improved 

low-stage check valve. Since we issued 

that AD, we have received reports of 

uncommanded engine shutdowns on 

both Model ERJ 170 and ERJ 190 

airplanes due to excessive wear and 

failure of LPCVs having certain part 

numbers. This proposed AD would also, 

for certain airplanes, require replacing 

certain LPCVs of the left-hand (LH) and 

RH engines, which would be an option 

for other airplanes. We are proposing 

this AD to prevent the possibility of a 

dual engine in-flight shutdown due to 

LPCV failure. 

DATES: We must receive comments on 

this proposed AD by February 11, 2013. 

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, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this proposed AD, contact Embraer S.A., 

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; email 

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, WA. For information on 

the availability of this material at the 

FAA, call 425–227–1221. 

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: 

Cindy Ashforth, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue SW., Renton, WA 

98057–3356; telephone (425) 227–2768; 

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–2012–1230; Directorate Identifier 

2011–NM–107–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 

On June 23, 2010, we issued AD 

2010–14–14, Amendment 39–16359 (75 

FR 42585, July 22, 2010). That AD 

required actions intended to address an 

unsafe condition on Embraer S.A. 

Model ERJ 170 and ERJ 190 airplanes. 

Since we issued AD 2010–14–14, 

Amendment 39–16359 (75 FR 42585, 

July 22, 2010), there have been 

occurrences of uncommanded engine 

shutdowns on both Model ERJ 170 and 

Model ERJ 190 airplanes due to 

excessive wear and failure of LPCVs 

having part number 1001447–3 and 

1001447–4. Both engines of the 

airplanes have the same valves, which 

leads to the possibility of a dual engine 

in-flight shutdown due to LPCV failure. 

The Ageˆncia Nacional de Aviac ̧a ̃o Civil 

(ANAC), which is the aviation authority 

for Brazil, has issued Brazilian 

Airworthiness Directives 2005–09–03R3 

and 2006–11–01R6, both effective May 

30, 2011 (referred to after this as ‘‘the 

MCAI’’), to correct an unsafe condition 

for the specified products. The MCAI for 

Embraer S.A. Model ERJ 170 airplanes 

states: 

It has been found the occurrence of an 

engine in-flight shutdown * * * caused by 

the LPCV [low pressure check valves] failure 

P/N [part number] 1001447–3 with 3,900 

Flight Hours (FH) installed on ERJ–170. This 

valve failed [to] open due [to] excessive wear. 

[I]t was found the occurrence of an engine 

shutdown on-ground, caused by the LPCV 

failure P/N 1001447–4 with 1,802 FH 

installed on ERJ–190 failed due [to] low cycle 

fatigue. Since the behavior of a valve P/N 

1001447–4 removed from ERJ–190 is 

unknown on ERJ–170 and the P/N 1001447– 

4 is common between ERJ–170 and ERJ–190 

airplane fleet, an action is necessary to 

prevent the installation, in ERJ–170 

airplanes, of LPCVs P/N 1001447–4 

previously installed in ERJ–190 airplanes. 

* * * * * 

The MCAI for Embraer S.A. Model 

ERJ 190 airplanes states: 

It has been found the occurrence of an 

engine in-flight shutdown * * * caused by 

the LPCV failure P/N [part number] 1001447– 

3 with 3,900 Flight Hours (FH) installed on 

ERJ–170. This valve failed [to] open due [to] 

excessive wear. [I]t was found the occurrence 

of an engine shutdown on-ground, caused by 


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the LPCV failure P/N 1001447–4 with 1,802 

FH installed on ERJ–190 failed due [to] low 

cycle fatigue. Since the behavior of a valve 

P/N 1001447–4 removed from ERJ–170 is 

unknown on ERJ–190 and the P/N 1001447– 

4 is common between ERJ–170 and ERJ–190 

airplane fleet, an action is necessary to 

prevent the installation, in ERJ–190 

airplanes, of LPCVs P/N 1001447–4 

previously installed in ERJ–170 airplanes. 

* * * * * 

The unsafe condition is the possibility 

of a dual engine in-flight shutdown due 

to LPCV failure. The required actions 

include retaining the actions required 

by AD 2010–14–14, Amendment 39– 

16359 (75 FR 42585, July 22, 2010), and 

include, for certain airplanes, replacing 

the LPCVs of LH and RH engines, which 

would be an option for certain other 

airplanes. You may obtain further 

information by examining the MCAI in 

the AD docket. 

Relevant Service Information 

EMBRAER has issued the following 

service information, which is intended 

to correct the unsafe condition 

identified in the MCAI. 

• EMBRAER 170 Maintenance 

Review Board Report, MRB–1621, 

Revision 7, dated November 11, 2010. 

• EMBRAER Service Bulletin 

190LIN–36–0004, dated December 23, 

2009. 

Changes to AD 2010–14–14, 

Amendment 39–16359 (75 FR 42585, 

July 22, 2010) 

Paragraphs (j)(11) through (j)(14) of 

AD 2010–14–14, Amendment 39–16359 

(75 FR 42585, July 22, 2010), have been 

redesignated as paragraphs (o)(1) 

through (o)(4) of this proposed AD. 

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. 

Costs of Compliance 

We estimate that this proposed AD 

affects 253 airplanes of U.S. registry. 

We estimate the following costs to 

comply with this proposed AD: 

ESTIMATED COSTS

Action Labor cost Cost per product 

Number of 

U.S.-registered 

airplanes 

Cost on U.S. operators 

Replacement of RH check valves on Model ERJ 

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

airplanes (retained actions from existing AD 

2010–14–14 (75 FR 42585, July 22, 2010)).

3 work-hours × $85 per 

hour = $255 per replacement cycle.

$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 

(retained actions from existing AD 2010–14– 

14 (75 FR 42585, July 22, 2010)).

3 work-hours × $85 per 

hour = $255 per replacement cycle.

$255 per replacement 

cycle.

75 $19,125 per replacement cycle. 

Replacement of LPCVs with P/N 1001447–6 

(new proposed action).

2 work-hours × $85 per 

hour = $170.

$170 ............................. 253 $43,010. 

Revision of maintenance program (new proposed action).1 work-hour × $85 per 

hour = $85.

$85 ............................... 253 $21,505. 

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); 

3. Will not affect intrastate aviation in 

Alaska; and 

4. 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 airworthiness directive (AD) 

2010–14–14, Amendment 39–16359 (75 


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Federal Register / Vol. 77, No. 247 / Wednesday, December 26, 2012 / Proposed Rules 75913 

FR 42585, July 22, 2010), and adding the 

following new AD: 

Embraer S.A.: Docket No. FAA–2012–1230; 

Directorate Identifier 2011–NM–107–AD. 

(a) Comments Due Date 

We must receive comments by February 

11, 2013. 

(b) Affected ADs 

This AD supersedes AD 2010–14–14, 

Amendment 39–16359 (75 FR 42585, July 22, 

2010), which superseded AD 2007–16–09, 

Amendment 39–15148 (72 FR 44734, August 

9, 2007). AD 2007–16–09 superseded AD 

2005–23–14, Amendment 39–14372 (70 FR 

69075, November 14, 2005). 

(c) Applicability 

This AD applies to Embraer S.A. Model 

ERJ 170–100 LR, –100 STD, –100 SE., and 

–100 SU airplanes; Model ERJ 170–200 LR, 

–200 SU, and –200 STD airplanes; Model ERJ 

190–100 STD, –100 LR, –100 ECJ, and –100 

IGW airplanes; and Model ERJ 190–200 STD, 

–200 LR, and –200 IGW airplanes; 

certificated in any category; having Hamilton 

Sundstrand low pressure check valve (LPCV) 

part number (P/N) 1001447–3 or 1001447–4. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 36, Pneumatic. 

(e) Reason 

This AD was prompted by reports of 

uncommanded engine shutdowns on both 

Model ERJ 170 and ERJ 190 airplanes due to 

excessive wear and failure of LPCVs having 

certain part numbers. We are issuing this AD 

to prevent the possibility of a dual engine inflight shutdown due to LPCV failure. 

(f) Compliance 

You are responsible for having the actions 

required by this AD performed within the 

compliance times specified, unless the 

actions have already been done. 

(g) Retained Replacement for Right-Hand 

(RH) Engine on Model ERJ 170–100 LR, –100 

STD, –100 SE., and –100 SU Airplanes 

This paragraph restates the requirements of 

paragraph (f) of AD 2010–14–14, Amendment 

39–16359 (75 FR 42585, July 22, 2010). For 

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

and –100 SU airplanes equipped with LPCVs 

having P/N 1001447–3: Within 100 flight 

hours after November 29, 2005 (the effective 

date of AD 2005–23–14, Amendment 39– 

14372 (70 FR 69075, November 14, 2005)), 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 August 26, 2010 (the 

effective date of AD 2010–14–14), only use 

EMBRAER Service Bulletin 170–36–0004, 

Revision 01, dated March 10, 2008, for the 

actions required by this paragraph. Repeat 

the replacement thereafter at intervals not to 

exceed 3,000 flight hours. 

(h) Retained Provision for Removed Check 

Valves 

This paragraph restates the provision 

specified in paragraph (g) of AD 2010–14–14, 

Amendment 39–16359 (75 FR 42585, July 22, 

2010). 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. 

(i) Retained Replacement for Left-Hand (LH) 

Engine on All Model ERJ 170 Airplanes 

This paragraph restates requirements of 

paragraph (h) of AD 2010–14–14, 

Amendment 39–16359 (75 FR 42585, July 22, 

2010). For Model ERJ 170–100 LR, –100 STD, 

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

–200 SU airplanes equipped with LPCVs 

having P/N 1001447–3: Within 300 flight 

hours after September 13, 2007 (the effective 

date of AD 2007–16–09, Amendment 39– 

15148 (72 FR 44734, August 9, 2007)), 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 August 26, 2010 (the 

effective date of AD 2010–14–14), 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. 

(j) Retained Provision for Removed Check 

Valves in Accordance With Other Service 

Bulletin 

This paragraph restates the provision 

specified in paragraph (i) of AD 2010–14–14, 

Amendment 39–16359 (75 FR 42585, July 22, 

2010). 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. 

(k) Retained Actions and Compliance With 

Revised Service Information 

This paragraph restates the requirements of 

paragraph (j) of AD 2010–14–14, Amendment 

39–16359 (75 FR 42585, July 22, 2010), with 

revised service information for paragraphs 

(k)(3), (k)(7), and (k)(8) of this AD. Unless 

already done, do the following actions. 

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

and –200 SU airplanes equipped with LPCV 

having P/N 1001447–3: Within 100 flight 

hours after August 26, 2010 (the effective 

date of AD 2010–14–14, Amendment 39– 

16359 (75 FR 42585, July 22, 2010)), 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, 

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 equipped with LPCV 

having P/N 1001447–3: Replacing the LPCV 

having P/N 1001447–3 with a new one 

having P/N 1001447–4, in accordance with 

the Accomplishment Instructions of 

EMBRAER Service Bulletin 170–36–0011, 

Revision 02, dated July 19, 2007, terminates 

the repetitive replacements required by 

paragraphs (g), (i), and (k)(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 equipped with LPCV 

having P/N 1001447–3, at the earlier of the 

times specified in paragraphs (k)(3)(i) and 

(k)(3)(ii) of this AD, revise the maintenance 

program to include maintenance Task 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 6, dated January 14, 

2010; or Revision 7, dated November 11, 

2010. Thereafter, except as provided by 

paragraph (q) of this AD, no alternative 

inspection intervals may be approved for the 

task. 

(i) Within 180 days after accomplishing 

paragraph (k)(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 August 26, 2010 

(the effective date of AD 2010–14–14, 

Amendment 39–16359 (75 FR 42585, July 22, 

2010)), whichever occurs later. 

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

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

–200 SU airplanes equipped with LPCV 

having P/N 1001447–3: As of August 26, 

2010 (the effective date of the effective date 

of AD 2010–14–14, Amendment 39–16359 

(75 FR 42585, July 22, 2010)), no person may 

install any LPCV identified in paragraph 

(k)(4)(i) or (k)(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 

a 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 August 26, 2010 (the effective 

date of AD 2010–14–14, Amendment 39– 

16359 (75 FR 42585, July 22, 2010)), replace 

all LPCVs having P/N 1001447–3 that have 

accumulated 1,500 total flight hours or more 

as of August 26, 2010 (the effective date of 

AD 2010–14–14), 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 


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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 August 26, 2010 (the effective date of 

AD 2010–14–14, Amendment 39–16359 (75 

FR 42585, July 22, 2010)), before the LPCV 

accumulates 1,500 total flight hours or within 

100 flight hours after August 26, 2010 (the 

effective date of AD 2010–14–14), 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 August 26, 2010 (the effective 

date of AD 2010–14–14, Amendment 39– 

16359 (75 FR 42585, July 22, 2010)), 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; or EMBRAER Service 

Bulletin 190LIN–36–0004, dated December 

23, 2009 (for Model 190–100 ECJ airplanes). 

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 August 26, 2010 (the effective 

date of AD 2010–14–14, Amendment 39– 

16359 (75 FR 42585, July 22, 2010)), 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; or EMBRAER Service Bulletin 190LIN– 

36–0004, dated December 23, 2009 (for 

Model 190–100 ECJ airplanes). 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 August 26, 

2010 (the effective date of AD 2010–14–14, 

Amendment 39–16359 (75 FR 42585, July 22, 

2010)), installation on the left and right 

engines with a LPCV having P/N 1001447– 

4 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 August 26, 

2010 (the effective date of AD 2010–14–14, 

Amendment 39–16359 (75 FR 42585, July 22, 

2010)), 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 (k)(5) and (k)(6) of this AD. 

(l) New Terminating Action 

For Model ERJ 190–100 STD, –100 LR, 

–100 ECJ, and –100 IGW airplanes; and 

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

IGW airplanes: Except as provided by 

paragraph (m) of this AD, within 10 months 

after the effective date of this AD, install a 

new LPCV having P/N 1001447–6, using a 

method approved by either the Manager, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA; or Ageˆncia 

Nacional de Aviac ̧a ̃o Civil (ANAC) (or its 

delegated agent). Installation of P/N 

1001447–6 terminates the requirement for 

installation and repetitive replacement of the 

LPCV having P/N 1001447–3 or 1001447–4 

required by paragraph (k) of this AD. 

(m) New Exception 

For Model ERJ 190–100 STD, –100 LR, 

–100 ECJ, and –100 IGW airplanes; and 

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

IGW airplanes; that have an LPCV, P/N 

1001447–4, that has been installed before the 

compliance time specified in paragraph (l) of 

this AD: Prior to the accumulation of 2,000 

flight hours on the part since new or 

overhauled, install a new LPCV having P/N 

1001447–6, using a method approved by 

either the Manager, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA; or ANAC (or its delegated agent). 

(n) New Optional Terminating Action 

For Model ERJ 170–100 LR, –100 STD, 

–100 SE, and –100 SU airplanes; Model ERJ 

170–200 LR, –200 SU, and –200 STD 

airplanes: Installation of a new LPCV having 

P/N 1001447–6 terminates the requirement 

for installation and repetitive replacement of 

the LPCV having P/N 1001447–3 or 1001447– 

4 required by paragraph (k) of this AD. 

(o) Credit for Previous Actions 

(1) This paragraph provides credit for the 

actions specified in paragraph (k)(2) of this 

AD, if those actions were performed before 

August 26, 2010 (the effective date of AD 

2010–14–14, Amendment 39–16359 (75 FR 

42585, July 22, 2010)), using EMBRAER 

Service Bulletin 170–36–0011, dated January 

9, 2007; or EMBRAER Service Bulletin 170– 

36–0011, Revision 01, dated May 28, 2007; 

which are not incorporated by reference in 

this AD. 

(2) This paragraph provides credit for the 

actions specified in paragraphs (k)(5) and 

(k)(6) of this AD, if those actions were 

performed before August 26, 2010 (the 

effective date of AD 2010–14–14, 

Amendment 39–16359 (75 FR 42585, July 22, 

2010)), using EMBRAER Service Bulletin 

190–36–0006, dated April 9, 2007, which is 

not incorporated by reference in this AD. 

(3) This paragraph provides credit for the 

actions specified in paragraph (k)(1) of this 

AD, if those actions were performed before 

August 26, 2010 (the effective date of AD 

2010–14–14, Amendment 39–16359 (75 FR 

42585, July 22, 2010)), using EMBRAER 

Service Bulletin 170–36–0004, dated 

November 18, 2005, which is not 

incorporated by reference in this AD. 

(4) This paragraph provides credit for the 

actions specified in paragraph (k)(3) of this 

AD, if those actions were done before August 

26, 2010 (the effective date of AD 2010–14– 

14, Amendment 39–16359 (75 FR 42585, July 

22, 2010)), using Task 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, which 

is not incorporated by reference in this AD. 

(p) New Parts Installation Limitations 

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

–100 SE., and –100 SU airplanes; and Model 

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

airplanes: As of the effective date of this AD, 

no person may install an LPCV having P/N 

1001447–4 that was previously installed on 

any Model ERJ–190 airplane, on any 

airplane, unless the valve has been 

overhauled. 

(2) For Model ERJ 190–100 STD, –100 LR, 

–100 ECJ, and –100 IGW airplanes; and 

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

IGW airplanes: As of the effective date of this 

AD, and until the effective date specified in 

paragraph (p)(3) of this AD, no person may 

install an LPCV having P/N 1001447–4 that 

was previously installed on any Model ERJ– 

170 airplane, on any airplane, unless the 

valve has been overhauled. 

(3) For Model ERJ 190–100 STD, –100 LR, 

–100 ECJ, and –100 IGW airplanes; and 

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

IGW airplanes: As of 10 months after the 

effective date of this AD, no person may 

install any LPCV having P/N 1001447–4, on 

any airplane. 

(q) Other FAA AD Provisions 

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. 

In accordance with 14 CFR 39.19, send your 

request to your principal inspector or local 

Flight Standards District Office, as 

appropriate. If sending information directly 

to the International Branch, send it to ATTN: 

Cindy Ashforth, Aerospace Engineer, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA, 1601 Lind 

Avenue SW., Renton, WA 98057–3356; 

telephone (425) 227–2768; fax (425) 227– 

1149. Information may be emailed to: 9- 

ANM-116-AMOC-REQUESTS@faa.gov. 

Before using any approved AMOC, notify 

your appropriate principal inspector, or 

lacking a principal inspector, the manager of 

the local flight standards district office/ 


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Federal Register / Vol. 77, No. 247 / Wednesday, December 26, 2012 / Proposed Rules 75915 

certificate holding 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 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) AMOCs approved previously in 

accordance with AD 2010–14–14, 

Amendment 39–16359 (75 FR 42585, July 22, 

2010), are not approved as AMOCs with this 

AD. 

(r) Related Information 

(1) Refer to MCAI Brazilian Airworthiness 

Directive 2005–09–03R3, effective May 30, 

2011; Brazilian Airworthiness Directive 

2006–11–01R6, effective May 30, 2011; and 

the following service information; for related 

information. 

(i) EMBRAER Service Bulletin 170–36– 

A004, dated September 28, 2005. 

(ii) EMBRAER Service Bulletin 170–36– 

0004, dated November 18, 2005. 

(iii) EMBRAER Service Bulletin 170–36– 

0004, Revision 01, dated March 10, 2008. 

(iv) EMBRAER Service Bulletin 170–36– 

0011, Revision 02, dated July 19, 2007. 

(v) EMBRAER Service Bulletin 190–36– 

0006, Revision 01, dated July 19, 2007. 

(vi) EMBRAER Service Bulletin 190–36– 

0014, Revision 01, dated January 14, 2009. 

(vii) EMBRAER Service Bulletin 190LIN– 

36–0004, dated December 23, 2009. 

(viii) Task 36–11–02–002 (Low Stage Bleed 

Check Valve) specified in Section 1 of the 

EMBRAER 170 MRBR MRB–1621, Revision 

6, dated January 14, 2010. 

(ix) Task 36–11–02–002 (Low Stage Bleed 

Check Valve) specified in Section 1 of the 

EMBRAER 170 MRBR, MRB–1621, Revision 

7, dated November 11, 2010. 

(2) For service information identified in 

this AD, contact Embraer S.A., 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; email 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, 

WA. For information on the availability of 

this material at the FAA, call 425–227–1221. 

Issued in Renton, Washington, on 

December 12, 2012. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–30916 Filed 12–21–12; 8:45 am] 

BILLING CODE 4910–13–P 

SUSQUEHANNA RIVER BASIN 

COMMISSION 

18 CFR Part 806 

Review and Approval of Projects 

AGENCY: Susquehanna River Basin 

Commission. 

ACTION: Notice of proposed rulemaking 

and public hearing. 

SUMMARY: This document contains 

proposed rules that would amend the 

project review regulations of the 

Susquehanna River Basin Commission 

(Commission) to include special 

requirements for withdrawals from 

surface water and groundwater sources 

which, from the point of taking or point 

of impact respectively, have a drainage 

area of equal to or less than ten square 

miles (headwater area); and to modify 

provisions relating to the issuance of 

emergency certificates by the Executive 

Director. 

DATES: Comments on these proposed 

rules may be submitted to the 

Commission on or before February 25, 

2013. The Commission has scheduled a 

public hearing on the proposed 

rulemaking, to be held February 14, 

2013, in Harrisburg, Pennsylvania. The 

location of the public hearing is listed 

in the addresses section of this notice. 

ADDRESSES: Comments may be mailed 

to: Mr. Richard A. Cairo, Susquehanna 

River Basin Commission, 1721 N. Front 

Street, Harrisburg, PA 17102–2391, or 

by email to rcairo@srbc.net. 

The public hearing will be held on 

February 14, 2013, at 3:00 p.m., at the 

Pennsylvania State Capitol, Room 8E–B, 

East Wing, Commonwealth Avenue, 

Harrisburg, Pa. 17101. Those wishing to 

testify are asked to notify the 

Commission in advance, if possible, at 

the regular or electronic addresses given 

below. 

FOR FURTHER INFORMATION CONTACT: 

Richard A. Cairo, General Counsel, 

telephone: 717–238–0423, ext. 306; fax: 

717–238–2436; email: rcairo@srbc.net. 

Also, for further information on the 

proposed rulemaking, visit the 

Commission’s Web site at www.srbc.net. 

SUPPLEMENTARY INFORMATION: 

Background and Purpose of 

Amendments 

The basic purpose of the regulatory 

amendments set forth in this proposed 

rulemaking is to make further 

modifications to the Commission’s 

project review regulations relating to 

surface and groundwater withdrawal 

limitations in headwater areas, and also 

relating to the issuance of emergency 

certificates by the Executive Director. 

The Commission adopted a Low Flow 

Protection Policy (LFPP) on December 

14, 2012. The purpose of the LFPP is to 

provide implementation guidance to the 

Commission staff, project sponsors and 

the public on the criteria, methodology, 

and process used to evaluate 

withdrawal applications to ensure that 

any flow alteration related to such 

withdrawals does not cause significant 

adverse impacts to the water resources 

of the basin. 

When first released in draft form for 

public review in March 2012, the LFPP 

included certain restrictions on water 

withdrawals in headwater areas. Those 

provisions were removed from the 

policy upon final adoption, and instead 

are being proposed for inclusion in the 

Commission’s project review 

regulations, given that they would 

establish a binding norm more 

appropriately contained in regulation. 

The addition of a new section, 18 CFR 

806.6—Project limitations, provides that 

projects proposing to withdraw water in 

drainage areas equal to or less than ten 

square miles shall not be approved 

unless, in the case of a surface water 

withdrawal, the use associated with the 

project would occur on the tract of land 

that is riparian or littoral to the surface 

water source from which the water is 

withdrawn, or would be used to provide 

source water to a public water supply 

system. Likewise, a groundwater 

withdrawal that impacts a surface water 

source which, from the point of impact 

is in a headwater area, would not be 

approved unless the water use 

associated with the project would occur 

on the tract of land from which the 

water is withdrawn, or would be used 

to provide source water to a public 

water supply system. Language is also 

included that provides that withdrawals 

by public water supply systems shall be 

limited for use within the system’s 

service area, and not for bulk sale 

outside such area. 

It is generally recognized that the 

smaller the drainage area, the less the 

amount of water that can be removed 

from it sustainably. On the whole, 

headwater areas of ten square miles or 

less have very limited yields, resulting 

in very limited water availability. The 

Commission believes it is appropriate, 

as a matter of sound public policy, to 

prioritize how that limited resource 

should be utilized by restricting its 

withdrawal for only uses within those 

areas or otherwise for public water 

supply. 

So as not to prejudice 

administratively complete applications 

currently undergoing review as of the 

date of this Notice of Proposed 

Rulemaking, the Commission intends to 


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