Federal Register / Vol. 72, No. 88 / Tuesday, May 8, 2007 / Proposed Rules 26005 

source milk allocated to Class I pursuant 

to § 1000.44(a)(3) and (8) and the 

corresponding steps of § 1000.44(b), 

except other source milk that is 

excluded from the computations 

pursuant to § 1007.60 (h) and (i); and 

(d) Route disposition in the marketing 

area from a partially regulated 

distributing plant that exceeds the skim 

milk and butterfat subtracted pursuant 

to 1000.76 (a) (1) (i) and (ii) 

Proposed by the Florida Market 

Administrator 

Proposal No. 6 

This proposal seeks to increase the 

maximum administrative assessment 

from the current 5 cents per cwt to a 

maximum of 8 cents per cwt for the 

Florida milk marketing order. 

Revise § 1006.85 to read as follows: 

§ 1006.85 Assessment for order 

administration. 

On or before the payment receipt date 

specified under § 1006.71, each handler 

shall pay to the market administrator its 

pro rata share of the expense of 

administration of the order at a rate 

specified by the market administrator 

that is no more than 8 cents per 

hundredweight with respect to: 

(a) Receipts of producer milk 

(including the handler’s own 

production) other than such receipts by 

a handler described in § 1000.9 (c) that 

were delivered to pool plants of other 

handlers; 

(b) Receipts from a handler described 

in § 1000.9 (c); 

(c) Receipts of concentrated fluid milk 

products from unregulated supply 

plants and receipts of nonfluid milk 

products assigned to Class I use 

pursuant to § 1000.43 (d) and other 

source milk allocated to Class I pursuant 

to § 1000.44 (a) (3) and (8) and the 

corresponding steps of § 1000.44 (b), 

except other source milk that is 

excluded from the computations 

pursuant to § 1006.60 (h) and (i); and 

(d) Route disposition in the marketing 

area from a partially regulated 

distributing plant that exceeds the skim 

milk and butterfat subtracted pursuant 

to 1000.76 (a) (1) (i) and (ii) 

Proposal by Dairy Programs, 

Agricultural Marketing Service 

Proposal No. 7 

Make such changes as may be 

necessary to make the entire marketing 

agreement and the order conform with 

any amendments thereto that may result 

from this hearing. 

Copies of this notice of hearing and 

the orders may be procured from the 

Market Administrator of the aforesaid 

marketing areas, or from the Hearing 

Clerk, United States Department of 

Agriculture, Room 1083—STOP 9200, 

1400 Independence Avenue, SW., 

Washington, DC 20250–9200, or may be 

inspected there. 

Copies of the transcript of testimony 

taken at the hearing will not be available 

for distribution through the Hearing 

Clerk’s Office. If you wish to purchase 

a copy, arrangements may be made with 

the reporter at the hearing. 

From the time that a hearing notice is 

issued and until the issuance of a final 

decision in a proceeding, Department 

employees involved in the decisionmaking process are prohibited from 

discussing the merits of the hearing 

issues on an ex parte basis with any 

person having an interest in the 

proceeding. For this particular 

proceeding, the prohibition applies to 

employees in the following 

organizational units: 

Office of the Secretary of Agriculture 

Office of the Administrator, Agricultural 

Marketing Service 

Office of the General Counsel 

Dairy Programs, Agricultural Marketing 

Service (Washington office) and the 

Offices of all Market Administrators. 

Procedural matters are not subject to 

the above prohibition and may be 

discussed at any time. 

Dated: May 3, 2007. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. E7–8802 Filed 5–7–07; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 1210 

[Doc. No. AMS–FV–07–0038; FV–07–701] 

Watermelon Research and Promotion 

Plan; Assessment Increase 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Proposed rule. 

SUMMARY: This rule proposes to amend 

the Watermelon Research and 

Promotion Plan (Plan) to increase the 

assessment rate on producers, handlers, 

and importers of watermelons from four 

cents to six cents per hundredweight. 

Domestic producers and handlers would 

pay three cents per hundredweight each 

and importers would pay six cents per 

hundredweight. The increase is 

provided for under the Plan which is 

authorized by the Watermelon Research 

and Promotion Act (Act). The National 

Watermelon Promotion Board (Board), 

which administers the Plan, 

recommended this action to sustain and 

expand their promotional, research, and 

communications programs. 

DATES: Comments must be received by 

July 9, 2007. 

ADDRESSES: Interested persons are 

invited to submit written comments on 

the internet at: http:// 

www.regulations.gov or to the Research 

and Promotion Branch, Fruit and 

Vegetable Programs, Agricultural 

Marketing Service (AMS), U.S. 

Department of Agriculture, Room 0634–

S, Stop 0244, 1400 Independence 

Avenue, SW., Washington, DC 20250–

0244; fax: (202) 205–2800. All 

comments should reference the docket 

number and the date and page number 

of this issue of the Federal Register and 

will be made available for public 

inspection in the above office during 

regular business hours or can be viewed 

at http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Jeanette Palmer, Marketing Specialist, 

Research and Promotion Branch, Fruit 

and Vegetable Programs, AMS, USDA, 

1400 Independence Avenue, SW., Room 

0634, Stop 0244, Washington, DC 

20250–0244; telephone: (202) 720–9915; 

or fax: (202) 205–2800; or e-mail: 

Jeanette.Palmer@usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under the Watermelon 

Research and Promotion Plan [7 CFR 

part 1210]. The Plan is authorized under 

the Watermelon Research and 

Promotion Act [7 U.S.C. 4901–4916]. 

Executive Order 12866 

The Office of Management and Budget 

(OMB) has waived the review process 

required by Executive Order 12866 for 

this action. 

Executive Order 12988 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. The rule is not intended to have 

retroactive effect and will not affect or 

preempt any other State or Federal law 

authorizing promotion or research 

relating to an agricultural commodity. 

The Act allows producers, handlers, 

and importers subject to the Plan to file 

a written petition with the Secretary of 

Agriculture (Secretary) if they believe 

that the Plan, any provision of the Plan, 

or any obligation imposed in connection 

with the Plan, is not in accordance with 

the law. In any petition, the person may 

request a modification of the Plan or an 

exemption from the Plan. The petitioner 

will have the opportunity for a hearing 

on the petition. Afterwards, an 


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26006 Federal Register / Vol. 72, No. 88 / Tuesday, May 8, 2007 / Proposed Rules 

Administrative Law Judge (ALJ) will 

issue a decision. If the petitioner 

disagrees with the ALJ’s ruling, the 

petitioner has 30 days to appeal to the 

Judicial Officer, who will issue a ruling 

on behalf of the Secretary. If the 

petitioner disagrees with the Secretary’s 

ruling, the petitioner may file, within 20 

days, an appeal in the U.S. District 

Court for the district where the 

petitioner resides or conducts business. 

Initial Regulatory Flexibility Act and 

Paperwork Reduction Act 

In accordance with the Regulatory 

Flexibility Act (RFA) [5 U.S.C. 601 et 

seq.], the Agricultural Marketing Service 

(AMS) has considered the economic 

impact of this action on the small 

producers, handlers, and importers that 

would be affected by this rule. The 

purpose of the RFA is to fit regulatory 

action to scale on businesses subject to 

such action so that small businesses will 

not be disproportionately burdened. 

The Small Business Administration 

defines, in 13 CFR part 121, small 

agricultural producers as those having 

annual receipts of no more than 

$750,000 and small agricultural service 

firms (handlers and importers) as those 

having annual receipts of no more than 

$6.5 million. Under these definitions, 

the majority of the producers, handlers, 

and importers that would be affected by 

this rule would be considered small 

entities. Producers of less than 10 acres 

of watermelons are exempt from this 

program. Importers of less than 150,000 

pounds of watermelons per year are also 

exempt. 

According to the National 

Watermelon Promotion Board (Board), 

there are approximately 1,301 

producers, 442 first handlers, and 346 

importers who are subject to the 

provisions of the Plan. 

Under the current Plan, domestic 

producers of 10 acres or more and 

handlers of watermelon each pay a 

mandatory assessment rate of two cents 

per hundredweight, and importers of 

more than 150,000 pounds of 

watermelon per year pay an assessment 

of four cents per hundredweight. 

Assessments under the program are 

used by the Board to finance promotion, 

research, and educational programs 

designed to increase consumer demand 

for watermelons in the United States 

and international markets. The 

assessments at the current four cents per 

hundredweight generate about $1.5 

million in annual revenues. The two 

cents per hundredweight assessment 

rate each for domestic watermelon 

producer and handler was established 

in April 1990. The four cents per 

hundredweight assessment rate on 

imported watermelons became effective 

when the Plan was amended in 

February 1995 to authorize the 

collection of assessments on importers. 

The Plan is administered by the Board 

under U.S. Department of Agriculture 

supervision. 

According to the Board, additional 

revenue is required in order to sustain 

and expand the promotional, research, 

and communications programs. The 

Board approved the proposed 

assessment rate increase at its February 

24, 2007, meeting. This proposed 

increase is consistent with section 

1647(f) of the Act that permits changes 

in the assessment rate through notice 

and comment procedures. Section 

1210.341(b) of the Plan states that 

assessment rates shall be fixed by the 

Secretary in accordance with section 

1647(f) of the Act. Section 1210.515(a) 

of the Plan states that an assessment of 

two cents per hundredweight shall be 

levied on all watermelons produced and 

on all watermelons first handled for 

consumption as human food. It also 

states that an assessment of four cents 

per hundredweight shall be levied on 

watermelons imported into the U.S. for 

consumption as human food. Further, 

not more than one assessment on a 

producer, handler, or importer may be 

collected on any lot of watermelons. 

The Board conducted an inflation 

analysis based on the current 

assessment rate of four cents per 

hundredweight starting from 1995. The 

analysis results show that, adjusted for 

inflation, the 1995 four cents per 

hundredweight total assessment is 

equivalent to three cents per 

hundredweight for the current program 

year. On an inflation adjusted basis, 

using 1995 as the base year, the 

watermelon industry’s program to 

support research and promotion 

activities has lost 25 percent of its 

effective buying power. This erosion in 

buying power has had a significant 

impact on the industry’s ability to 

compete for market share. The cost of 

media services, research programs, 

promotional opportunities, as well as 

general administrative costs and fees 

paid to USDA have continually risen. 

Assessments collected have not kept 

pace with these increasing costs. 

Movement and sales of watermelon 

continue to grow, however, that growth 

has not outpaced the negative effects of 

inflation. 

With the proposed increased 

assessment, the financial commitment 

of the U.S. watermelon industry for 

generic research and promotion activity 

would increase 50 percent in current 

dollars. For example, if we apply the 

proposed assessment increase to the 

2005–2006 crop year, in which 

collections totaled $1,583,983 on 

3,959,957,500 pounds of watermelons, 

the increase in assessments collected 

would have been approximately 

$791,991. The Board plans to use the 

additional funds to expand promotional 

activities, and to increase the Board’s 

reserve fund over a two-year period to 

provide for adequate cash flow. By 

changing the assessment rate to six 

cents per hundredweight, the Board 

stated that it would maintain its 

research and promotional activities, 

expand its programs, and sustain 

marketing activities in the future with 

rising cost expenditures. 

The Board estimates the two cents per 

hundredweight increase in assessments 

would increase the cost to watermelon 

producers from $16.00 per truckload of 

watermelons to $24.00 per truckload of 

watermelons. At Freight on Board (FOB) 

prices of about $0.14 per pound of 

watermelons, this amounts to a total 

assessment of 0.00429 percent of the 

value of a truck load of watermelons. 

This is based on a 40,000 pound net 

weight of watermelons per truck load. 

The Board considered three 

alternatives prior to the 

recommendation to increase the 

assessment rate. First, the Board 

performed several cost saving measures 

as an alternative to increasing the 

assessment rate which included moving 

to less expensive offices, changes in the 

staff health insurance program, change 

in independent auditors, and the 

elimination of one professional staff 

position. The results of the savings were 

over $120,000 which equals 

approximately 10 percent of the Board’s 

domestic revenue for the 2005–2006 

crop year. 

The second alternative considered by 

the Board was a prior attempt to 

increase additional revenue by 

expanding the handler base for 

watermelons. A referendum was 

conducted by AMS between December 

2001 and January 2002. The proposed 

amendment to the Plan requested the 

watermelon industry to expand the 

program to cover all handlers of 

watermelons which would have 

included wholesalers, persons who 

arrange the sale or transfer of 

watermelon (such as brokers) and fresh 

cut processors. The amendment was not 

approved in referendum. Therefore, the 

Plan continues to cover domestic 

producers of 10 acres or more, first 

handlers, and importers of 150,000 

pounds of watermelon annually. 

The final alternative considered by 

the Board was the current assessment 

rate proposal. The Board discussed 

increasing the assessment rate by one 


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Federal Register / Vol. 72, No. 88 / Tuesday, May 8, 2007 / Proposed Rules 26007 

cent per hundredweight for each 

producer of 10 acres or more, handler, 

and importer of 150,000 pounds of 

watermelon annually. The one cent 

proposed increase was rejected by the 

Board on the basis that an increase of 

this size would only return the program 

to the 1995 adjusted funding level. In 

order to sustain and expand the 

promotional, research, and 

communication programs, the Board 

decided to propose an increase 

assessment rate of two cents per 

hundredweight for a total assessment 

rate of six cents per hundredweight 

(three cents per hundredweight paid by 

producers, three cents per 

hundredweight paid by handlers, and 

six cents per hundredweight paid by 

importers of watermelons). 

This rule does not impose additional 

recordkeeping requirements on first 

handlers, producers, or importers of 

watermelons. Producers of fewer than 

10 acres of watermelon and importers of 

less than 150,000 pounds of watermelon 

annually are exempt. 

There are no Federal rules that 

duplicate, overlap, or conflict with this 

rule. 

In accordance with the Office of 

Management and Budget (OMB) 

regulation 5 CFR part 1320] which 

implements the Paperwork Reduction 

Act of 1995 [44 U.S.C. Chapter 35], the 

information collection and 

recordkeeping requirements that are 

imposed by the Plan have been 

approved previously under OMB 

control number 0581–0093. This rule 

does not result in a change to the 

information collection and 

recordkeeping requirements previously 

approved. 

We have performed this Initial 

Regulatory Flexibility Analysis 

regarding the impact of this proposed 

amendment to the Plan on small 

entities, and we invite comments 

concerning potential effects of this 

amendment on small businesses. 

Background 

Under the Plan, the Board administers 

a nationally coordinated program of 

research, development, advertising, and 

promotion designed to strengthen the 

position of watermelons in the 

marketplace, and to establish, maintain, 

and expand markets for watermelons. 

This program is financed by 

assessments on producers growing 10 

acres or more of watermelons, handlers 

of watermelons, and importers of 

150,000 or more pounds of watermelons 

per year. The Plan specifies that 

handlers are responsible for collecting 

and submitting both the producer and 

handler assessments to the Board, 

reporting their handling of watermelons, 

and maintaining records necessary to 

verify their reporting(s). Importers are 

responsible for payment of assessments 

to the Board on watermelons imported 

into the United States through the U.S. 

Customs Service and Border Protection. 

This rule proposes to increase the 

assessment rate by one cent per 

hundredweight for producers and 

handlers each, and by two cents per 

hundredweight for importers. Currently, 

the assessment rate is two cents per 

hundredweight levied on watermelons 

produced and two cents per 

hundredweight on watermelons 

handled within the 50 States of the 

United States and four cents per 

hundredweight on imports of 

watermelon. In order to sustain and 

expand the promotion, research, and 

communications programs at present 

levels, the Board contends that 

additional revenue is required. The 

proposed two cents per hundredweight 

assessment rate increase is estimated to 

generate $750,000–$800,000 in new 

revenue, depending upon production 

levels. For the 2005–2006 crop year, 

total production was 3,959,957,500 

pounds of watermelons resulting in 

$1,583,983 in assessment collections. 

Based on assessments collected for that 

crop year, about 75 percent of this 

production total was from domestic 

assessments, with the remainder from 

imports. The Board states that the 

proposed assessment rate increase, 

would enable it to expand media 

services, educational programs, research 

programs, and establish, maintain, and 

expand domestic and foreign markets 

for watermelons. Some of the additional 

revenue, the Board states, would be 

used to increase the reserve fund over 

a two-year period to provide for 

adequate cash flow. Also, it is estimated 

that the Board will receive $2.3 million 

in total assessments with a six cents per 

hundredweight assessment rate on 

watermelons. 

In addition, the Board, whose 

members represent all watermelon 

producing states as well as importers, 

voted to propose the assessment rate 

increase at its February 24, 2007, 

meeting which was open to the public 

like all other meetings. The vote to 

recommend the assessment increase was 

22 in favor and 1 against of the Board 

members present at the meeting. In the 

case of the one dissenting vote, the 

producer member stated that he 

opposed the two cents per 

hundredweight increase; however, he 

would support an increase of one cent 

per hundredweight. The proposed 

assessment rate of one cent per 

hundredweight was rejected by the 

Board on the basis that such an increase 

would only return the program to its 

1995 inflation adjusted funding level. 

According to the Board, the one cent per 

hundredweight would not allow the 

program to expand its activities. 

This rule would amend the rules and 

regulations issued under the Plan. This 

rule would increase the assessment rate 

by two cents per hundredweight. The 

rate would increase from four cents to 

six cents per hundredweight. Producers 

of 10 acres or more and handlers of 

watermelons will each pay three cents 

per hundredweight and importers of 

150,000 pounds or more of watermelons 

annually will pay six cents per 

hundredweight. This proposed increase 

is consistent with section 1647(f) of the 

Act that permits changes in the 

assessment rate through notice and 

comment procedures. Section 

1210.341(b) of the Plan states that 

assessment rates shall be fixed by the 

Secretary in accordance with section 

1647(f) of the Act. Further, not more 

than one assessment on a producer, 

handler, or importer may be collected 

on any lot of watermelons. The Board is 

recommending the proposed assessment 

rate increase based on continued 

inflation and rising cost expenditures 

since the current assessment rate places 

budget constraints on promotional, 

research, and communications programs 

and would result in reducing the 

programs in the future. Accordingly, 

section 1210.515(a) of the Plan would be 

revised. 

A 60-day comment period is provided 

to allow interested persons to respond 

to this proposal. All written comments 

received in response to this rule by the 

date specified would be considered 

prior to finalizing this action. 

List of Subjects in 7 CFR Part 1210 

Administrative practice and 

procedure, Advertising, Consumer 

information, Marketing agreements, 

Reporting and recordkeeping 

requirements, Watermelon promotion. 

For the reasons set forth in the 

preamble, Part 1210, Chapter XI of Title 

7 is proposed to be amended as follows: 

PART 1210—WATERMELON 

RESEARCH AND PROMOTION PLAN 

1. The authority citation for 7 CFR 

part 1210 continues to read as follows: 

Authority: 7 U.S.C. 4901–4916. 

2. Section 1210.515 (a) is revised to 

read as follows: 

§ 1210.515 Levy of assessments. 

(a) An assessment of three cents per 

hundredweight shall be levied on all 

watermelons produced for ultimate 


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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