26008 Federal Register / Vol. 72, No. 88 / Tuesday, May 8, 2007 / Proposed Rules 

consumption as human food, and an 

assessment of three cents per 

hundredweight shall be levied on all 

watermelons first handled for ultimate 

consumption as human food. An 

assessment of six cents per 

hundredweight shall be levied on all 

watermelons imported into the United 

States for ultimate consumption as 

human food at the time of entry in the 

United States. 

* * * * * 

Dated: May 2, 2007. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. E7–8726 Filed 5–7–07; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–28094; Directorate 

Identifier 2006–NM–258–AD] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model ERJ 170 Airplanes 

and Model ERJ 190 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to 

supersede an existing airworthiness 

directive (AD) that applies to all 

EMBRAER Model ERJ 170–100 LR, –100 

STD, –100 SE, and –100 SU airplanes. 

The existing AD currently requires 

repetitively replacing the low-stage 

check valve and associated seals of the 

right-hand engine bleed system. This 

proposed AD adds new airplanes to that 

existing requirement. For all airplanes, 

this proposed AD would also require 

repetitively replacing the low-stage 

check valve and associated seals of the 

left-hand engine bleed system with a 

new check valve and new seals. This 

proposed AD results from a report that 

an engine shut down during flight due 

to the failure of the low-stage check 

valve to close. We are proposing this AD 

to prevent failure of the low-stage check 

valve, which could result in an engine 

shutting down during flight. 

DATES: We must receive comments on 

this proposed AD by June 7, 2007. 

ADDRESSES: Use one of the following 

addresses to submit comments on this 

proposed AD. 

• DOT Docket Web site: Go to http:// 

dms.dot.gov and follow the instructions 

for sending your comments 

electronically. 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov 

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590. 

• Fax: (202) 493–2251. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street, SW., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

Contact Empresa Brasileira de 

Aeronautica S.A. (EMBRAER), P.O. Box 

343—CEP 12.225, Sao Jose dos 

Campos—SP, Brazil, for service 

information identified in this proposed 

AD. 

FOR FURTHER INFORMATION CONTACT: 

Todd Thompson, Aerospace Engineer, 

International Branch, ANM–116, FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington 

98057–3356; telephone (425) 227–1175; 

fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to submit any relevant 

written data, views, or arguments 

regarding this proposed AD. Send your 

comments to an address listed in the 

ADDRESSES section. Include the docket 

number ‘‘Docket No. FAA–2007–28094; 

Directorate Identifier 2006–NM–258–

AD’’ at the beginning of your comments. 

We specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

the proposed AD. We will consider all 

comments received by the closing date 

and may amend the proposed AD in 

light of those comments. 

We will post all comments we 

receive, without change, to http:// 

dms.dot.gov, including any personal 

information you provide. We will also 

post a report summarizing each 

substantive verbal contact with FAA 

personnel concerning this proposed AD. 

Using the search function of that Web 

site, anyone can find and read the 

comments in any of our dockets, 

including the name of the individual 

who sent the comment (or signed the 

comment on behalf of an association, 

business, labor union, etc.). You may 

review the DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78), or you may visit http:// 

dms.dot.gov. 

Examining the Docket 

You may examine the AD docket on 

the Internet at http://dms.dot.gov, or in 

person at the Docket Management 

Facility office between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The Docket 

Management Facility office (telephone 

(800) 647–5227) is located on the plaza 

level of the Nassif Building at the DOT 

street address stated in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after the Docket 

Management System receives them. 

Discussion 

On November 2, 2005, we issued AD 

2005–23–14, amendment 39–14372 (70 

FR 69075, November 14, 2005), for all 

EMBRAER Model ERJ 170–100 LR, –100 

STD, –100 SE, and –100 SU airplanes. 

That AD requires repetitive replacement 

of the low-stage check valve and 

associated seals of the right-hand (RH) 

engine bleed system. That AD resulted 

from a report that an engine shut down 

during flight due to the failure of the 

low-stage check valve to close. We 

issued that AD to prevent failure of the 

low-stage check valve, which could 

result in an engine shutting down 

during flight. 

Actions Since Existing AD Was Issued 

When we issued AD 2005–23–14, we 

stated that the unsafe condition could 

occur on both the left-hand (LH) and RH 

engines and that we had determined 

that requiring repetitive replacement on 

only the RH engine was sufficient, at 

that time, for reducing the risk of a dualengine failure to an acceptable level. 

Also, when we issued AD 2005–23–14, 

there were insufficient low-stage check 

valves available to replace the valves of 

both the LH and RH engine bleed 

systems. We have now determined that 

there are sufficient low-stage check 

valves to support replacing the valves of 

both the LH and RH engine bleed 

systems. We have further determined 

that it is necessary to require repetitive 

replacement of the LH low-stage check 

valve to further reduce the possibility 

for the failure of the low-stage check 

valve of both engine bleed systems at 

the same time. 

For Model ERJ 170–200 LR, –200 

STD, and –200 SU airplanes, the 

requirement to repetitively replace the 

RH low-stage check valve is contained 

in the airworthiness limitations for 

these airplanes. Therefore, for Model 

ERJ 170–200 LR, –200 STD, and –200 

SU airplanes, this proposed AD would 

only require repetitive replacement of 

the low-stage check valves of the LH 

engine bleed system. 


cprice-sewell on PROD1PC62 with PROPOSALS
Federal Register / Vol. 72, No. 88 / Tuesday, May 8, 2007 / Proposed Rules 26009 

Since we issued AD 2005–23–14, the 

Ageˆncia Nacional de Avic ̧a ̃o Civil 

(ANAC), which is the airworthiness 

authority for Brazil, has notified us that 

the unsafe condition addressed by AD 

2005–23–14 also exists on all EMBRAER 

Model ERJ 190 airplanes. 

Relevant Service Information 

EMBRAER has issued Service Bulletin 

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

for Model ERJ 170 airplanes; and 

Service Bulletin 190–36–0004, dated 

October 18, 2006, for Model ERJ 190 

airplanes. The service bulletins describe 

procedures for repetitively replacing the 

low-stage check valve and associated 

seals of the engine bleed system of the 

LH and RH engines with a new check 

valve and new seals. The service 

bulletins also specify sending the 

removed check valve to the 

manufacturer. The ANAC mandated the 

service information and issued Brazilian 

airworthiness directive 2005–09–03R1, 

effective May 23, 2006, for all Model 

ERJ 170 airplanes; and Brazilian 

airworthiness directive 2006–11–01R1, 

effective March 21, 2007, for all Model 

ERJ 190 airplanes; to ensure the 

continued airworthiness of these 

airplanes in Brazil. 

FAA’s Determination and Requirements 

of the Proposed AD 

These airplanes are manufactured in 

Brazil and are type certificated for 

operation in the United States under the 

provisions of section 21.29 of the 

Federal Aviation Regulations (14 CFR 

21.29) and the applicable bilateral 

airworthiness agreement. Pursuant to 

this bilateral airworthiness agreement, 

the ANAC has kept the FAA informed 

of the situation described above. We 

have examined the ANAC’s findings, 

evaluated all pertinent information, and 

determined that AD action is necessary 

for airplanes of this type design that are 

certificated for operation in the United 

States. 

This proposed AD would supersede 

AD 2005–23–14 and would retain the 

requirements of the existing AD. For 

Model ERJ 170 airplanes, this proposed 

AD would also require repetitive 

replacement of the low-stage check 

valve and associated seals of the engine 

bleed system of the LH engine with a 

new check valve and new seals. For 

Model ERJ 190 airplanes, this proposed 

AD would require repetitive 

replacement of the low-stage check 

valve and associated seals of the engine 

bleed system of the LH and RH engines 

with new check valves and new seals. 

Difference Between the Proposed AD 

and Service Bulletin 

Although EMBRAER Service Bulletins 

170–36–0004 and 190–36–0004 describe 

procedures for sending removed check 

valves to the manufacturer, this 

proposed AD does not require that 

action. 

Interim Action 

This proposed AD is considered to be 

interim action. The manufacturer has 

advised that it currently is developing a 

modification that will address the 

unsafe condition addressed by this 

proposed AD. Once this modification is 

approved we may consider additional 

rulemaking. 

Costs of Compliance 

The following table provides the 

estimated costs, at an average labor rate 

of $80 per work hour, for U.S. operators 

to comply with this proposed 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 (required by AD 2005–23–14).

3 $240, per replacement 

cycle.

55 $13,200, 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 (new proposed action).

3 $240, per replacement 

cycle.

75 $18,000, per replacement 

cycle. 

Replacement of RH check valves on Model ERJ 190 

airplanes (new proposed action).

3 $240, per replacement 

cycle.

23 $5,520, per replacement 

cycle. 

Replacement of LH check valves on Model ERJ 190 

airplanes (new proposed action).

3 $240, per replacement 

cycle.

23 $5,520, per replacement 

cycle. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

Section 106, describes the authority of 

the FAA Administrator. Subtitle VII, 

Aviation Programs, describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in Subtitle VII, 

Part A, Subpart III, Section 44701, 

‘‘General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We have determined that this 

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 that the 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. See the ADDRESSES section 

for a location to examine the regulatory 

evaluation. 


cprice-sewell on PROD1PC62 with PROPOSALS
26010 Federal Register / Vol. 72, No. 88 / Tuesday, May 8, 2007 / Proposed Rules 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, 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 Federal Aviation 

Administration (FAA) amends § 39.13 

by removing amendment 39–14372 (70 

FR 69075, November 14, 2005) and 

adding the following new airworthiness 

directive (AD): 

Empresa Brasileira de Aeronautica S.A. 

(EMBRAER): Docket No. FAA–2007–

28094; Directorate Identifier 2006–NM–

258–AD. 

Comments Due Date 

(a) The FAA must receive comments on 

this AD action by June 7, 2007. 

Affected ADs 

(b) This AD supersedes AD 2005–23–14. 

Applicability 

(c) This AD applies to all EMBRAER Model 

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

SU, –200 LR, –200 STD, and –200 SU 

airplanes; and Model ERJ 190–100 STD, –100 

LR, and –100 IGW airplanes; certificated in 

any category. 

Unsafe Condition 

(d) This AD results from a report that an 

engine shut down during flight due to the 

failure of the low-stage check valve to close. 

We are issuing this AD to prevent failure of 

the low-stage check valve, which could result 

in an engine shutting down during flight. 

Compliance 

(e) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Restatement of Requirements of AD 2005–

23–14 

Replacement for Right-Hand (RH) Engine on 

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

and –100 SU Airplanes With New Service 

Bulletin 

(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), 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. 

Repeat the replacement thereafter at intervals 

not to exceed 3,000 flight hours. 

Parts Installation for RH Engine on Model 

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

–100 SU Airplanes 

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

–100 SE, and –100 SU airplanes: As of 

November 29, 2005, no engine may be 

installed in the RH position unless the lowstage check valve has been replaced in 

accordance with the actions required by 

paragraph (f) of this AD. 

Removed Check Valves 

(h) 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. 

New Requirements of This AD 

Replacement for Left-Hand (LH) Engine on 

All Model ERJ 170 Airplanes 

(i) 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 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 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. 

Repeat the replacement thereafter at intervals 

not to exceed 3,000 flight hours. 

Replacement for RH Engine on Model ERJ 

190 Airplanes 

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

and –100 IGW airplanes: Within 100 flight 

hours after the effective date of this AD or 

prior to the accumulation of 1,500 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 paragraph 3.C. of the 

Accomplishment Instructions of EMBRAER 

Service Bulletin 190–36–0004, dated October 

18, 2006. Repeat the replacement thereafter at 

intervals not to exceed 1,500 flight hours. 

Replacement for LH Engine on Model ERJ 190 

Airplanes 

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

and –100 IGW airplanes: Within 600 flight 

hours after the effective date of this AD or 

prior to the accumulation of 1,500 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 190–36–0004, dated October 

18, 2006. Repeat the replacement thereafter at 

intervals not to exceed 1,500 flight hours. 

Parts Installation for LH Engine on Model ERJ 

170 Airplanes 

(l) 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 engine may be installed in the 

LH position unless the low-stage check valve 

has been replaced in accordance with the 

actions required by paragraph (i) of this AD. 

Parts Installation for RH and LH Engine on 

Model ERJ 190 Airplanes 

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

and –100 IGW airplanes: As of the effective 

date of this AD; no engine may be installed 

in the RH position unless the low-stage check 

valve has been replaced in accordance with 

the actions required by paragraph (j) of this 

AD; and no engine may be installed in the 

LH position unless the low-stage check valve 

has been replaced in accordance with the 

actions required by paragraph (k) of this AD. 

Removed Check Valves in Accordance With 

New Service Bulletins 

(n) Although EMBRAER Service Bulletin 

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

EMBRAER Service Bulletin 190–36–0004, 

dated October 18, 2006; specify to send 

removed check valves to the manufacturer, 

this AD does not include that requirement. 

Alternative Methods of Compliance (AMOCs) 

(o)(1) The Manager, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, has the authority to approve AMOCs 

for this AD, if requested in accordance with 

the procedures found in 14 CFR 39.19. 

(2) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. Before using any approved AMOC on 

any airplane to which the AMOC applies, 

notify your appropriate principal inspector 

(PI) in the FAA Flight Standards District 

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

FSDO. 

Related Information 

(p) Brazilian airworthiness directive 2005–

09–03R1, effective May 23, 2006; and 

Brazilian airworthiness directive 2006–11–

01R1, effective March 21, 2007; also address 

the subject of this AD. 

Issued in Renton, Washington, on April 30, 

2007. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E7–8761 Filed 5–7–07; 8:45 am] 

BILLING CODE 4910–13–P 


cprice-sewell on PROD1PC62 with PROPOSALS