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[Federal Register: March 4, 2010 (Volume 75, Number 42)]
[Proposed Rules]               
[Page 9816-9821]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04mr10-18]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0174; Directorate Identifier 2009-NM-186-AD]
RIN 2120-AA64

 
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model ERJ 170 and ERJ 190 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above that would supersede an existing AD. This 
proposed AD results from mandatory continuing airworthiness information 
(MCAI) originated by an aviation authority of another country to 
identify and correct an unsafe condition on an aviation product. The 
MCAI for EMBRAER Model ERJ 170 describes the unsafe condition as: It 
has been found the occurrence of an engine in-flight shutdown caused by 
the LPCV [low pressure check valves] failing to close due to excessive 
wear, which leads to the concern that such fault may be present in both 
engines of a given aircraft. The MCAI for EMBRAER Model ERJ 190 
describes the unsafe condition as: An occurrence of an uncommanded 
engine in-flight shutdown (IFSD) was reported, which was caused by an 
ERJ 170 defective LPCV. The valve failed to close due to excessive 
wear. Despite

[[Page 9817]]

there were no IFSD related to LPCV failure, some ERJ 190 valves were 
inspected and presented cracks due to low cycle fatigue. Since this 
failure mode also might lead to an engine in-flight shutdown and since 
both engines of the airplane have the same valves, there is a 
possibility of an occurrence of a dual engine IFSD due to LPCV failure. 
The proposed AD would require actions that are intended to address the 
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by April 19, 2010.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New 
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
Empresa Brasileira de Aeronautica S.A. (EMBRAER), Technical 
Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170-Putim-
12227-901 S[atilde]o Jose dos Campos-SP--BRASIL; telephone: +55 12 
3927-5852 or +55 12 3309-0732; fax: +55 12 3927-7546; e-mail: 
distrib@embraer.com.br; Internet: http://www.flyembraer.com. You may 
review copies of the referenced service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington. For information on the availability of this material at the 
FAA, call 425-227-1221 or 425-227-1152.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Operations office (telephone (800) 647-5527) is 
in the ADDRESSES section. Comments will be available in the AD docket 
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Kenny Kaulia, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-2848; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2010-0174; 
Directorate Identifier 2009-NM-186-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We have lengthened the 30-day comment period for proposed ADs that 
address MCAI originated by aviation authorities of other countries to 
provide adequate time for interested parties to submit comments. The 
comment period for these proposed ADs is now typically 45 days, which 
is consistent with the comment period for domestic transport ADs.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    On July 30, 2007, we issued AD 2007-16-09, Amendment 39-15148 (72 
FR 44734, August 9, 2007). That AD required actions intended to address 
an unsafe condition on the products listed above.
    Since we issued AD 2007-16-09, we have received reports of cracking 
in low-stage check valves having part number (P/N) 1001447-4. The 
Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC), which is 
the aviation authority for Brazil, has issued Brazilian Airworthiness 
Directive 2005-09-03R2, effective February 25, 2008 and 2006-11-01R4, 
effective April 9, 2009 (referred to after this as ``the MCAI''), to 
correct an unsafe condition for the specified products. The MCAI for 
EMBRAER Model ERJ 170 states:

    It has been found the occurrence of an engine in-flight shutdown 
caused by the LPCV [low pressure check valves] failing to close due 
to excessive wear, which leads to the concern that such fault may be 
present in both engines of a given aircraft.
* * * * *
    The MCAI for EMBRAER Model ERJ 190 states:

    An occurrence of an uncommanded engine in-flight shutdown (IFSD) 
was reported on 20 Sep. 2005, which was caused by an ERJ 170 
defective LPCV [part number] P/N 1001447-3 logging 3900 Flight Hours 
(FH). The valve failed to close due to excessive wear. Despite there 
were no IFSD related to LPCV P/N 1001447-4 failure, some ERJ 190 
valves P/N 1001447-4 logging around 2472 FH were inspected and 
presented cracks due to low cycle fatigue. Since this failure mode 
also might lead to an engine in-flight shutdown and since both 
engines of the airplane have the same valves, there is a possibility 
of an occurrence of a dual engine IFSD due to LPCV failure.
* * * * *
    The required actions include repetitive replacements of the low-
stage check valves and associated seals of the left-hand and right-hand 
engine bleed system with new or serviceable valves, depending on the 
model. For certain airplanes, this proposed AD also includes an 
optional terminating action for the repetitive replacements. This 
proposed AD would also require, if the terminating action is done, 
revising the approved maintenance plan to include repetitive functional 
tests of the low-stage check valve. For certain other airplanes, this 
proposed AD would require replacing a certain low-stage check valve 
with an improved low-stage check valve. You may obtain further 
information by examining the MCAI in the AD docket.

Relevant Service Information

    EMBRAER has issued the service information listed in the following 
table:

                           Service Information
------------------------------------------------------------------------
           Document               Revision               Date
------------------------------------------------------------------------
EMBRAER Service Bulletin 170-            01  March 10, 2008.
 36-0004.
EMBRAER Service Bulletin 170-            02  July 19, 2007.
 36-0011.
EMBRAER Service Bulletin 190-            01  July 19, 2007.
 36-0006.
EMBRAER Service Bulletin 190-            01  January 14, 2009.
 36-0014.

[[Page 9818]]


Task 36-11-02-002 (Low Stage              5  November 5, 2008.
 Bleed Check Valve) in Section
 1 of the EMBRAER 170
 Maintenance Review Board
 Report MRB-1621.
------------------------------------------------------------------------

    The actions described in this service information are intended to 
correct the unsafe condition identified in the MCAI.

Adding New Airplanes

    Since AD 2007-16-09, new models that are affected by the identified 
unsafe condition have been added to the U.S. type certificate data 
sheet and are included in this AD. We have added Models ERJ-190-200 
STD, -200 LR, and -200 IGW to paragraph (c) of this proposed AD.

Clarification of Applicability

    To clarify the affected airplanes, we have reviseds the 
applicability of this proposed AD. AD 2007-16-09 applied to ``all'' of 
the affected models. However, only airplanes equipped with certain 
LPCVs are affected by the identified unsafe condition. We have revised 
paragraph (c) of this AD accordingly.

Change to Existing AD

    This proposed AD would retain certain requirements of AD 2007-16-
09. Since AD 2007-16-09 was issued, the AD format has been revised, and 
certain paragraphs have been rearranged. As a result, the corresponding 
paragraph identifiers have changed in this proposed AD, as listed in 
the following table:

                      Revised Paragraph Identifiers
------------------------------------------------------------------------
                                      Corresponding requirement in this
    Requirement in AD 2007-16-09                 proposed AD
------------------------------------------------------------------------
             paragraph (h)                       paragraph (g).
             paragraph (i)                       paragraph (h).
             paragraph (n)                       paragraph (i).
------------------------------------------------------------------------

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a note within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 231 products of U.S. registry.
    The actions that are required by AD 2007-16-09 and retained in this 
proposed AD, which are provided in the following table provide the 
estimated costs, at an average labor rate of $85 per work hour, for 
U.S. operators to comply with this AD. The parts manufacturer states 
that it will supply required parts to operators at no cost.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                           Number of
                                 Work       Cost per         U.S.-
            Action              hours       airplane       registered                  Fleet cost
                                                           airplanes
----------------------------------------------------------------------------------------------------------------
Replacement of RH check              3  $255, per                  55  $14,025, per replacement cycle.
 valves on Model ERJ 170-100             replacement
 LR, -100 STD, -100 SE, and -            cycle
 100 SU airplanes.
Replacement of LH check              3  $255, per                  75  $19,125, per replacement cycle.
 valves on Model ERJ 170-100             replacement
 LR, -100 STD, -100 SE, -100             cycle
 SU, -200 LR, -200 STD, and -
 200 SU airplanes.
----------------------------------------------------------------------------------------------------------------

    We estimate that it would take about 6 work-hours per product to 
comply with the new basic requirements of this proposed AD. The average 
labor rate is $85 per work-hour. Required parts would cost about $4,219 
per product. Where the service information lists required parts costs 
that are covered under warranty, we have assumed that there will be no 
charge for these costs. As we do not control warranty coverage for 
affected parties, some parties may incur costs higher than estimated 
here. Based on these figures, we estimate the cost of the proposed AD 
on U.S. operators to be $1,092,399, or $4,729 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation 
Programs,'' describes in more detail the scope of the Agency's 
authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation

[[Page 9819]]

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.


Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by removing Amendment 39-15148 (72 FR 
44734, August 9, 2007) and adding the following new AD:

Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA-
2010-0174; Directorate Identifier 2009-NM-186-AD.

Comments Due Date

    (a) We must receive comments by April 19, 2010.

Affected ADs

    (b) The AD supersedes AD 2007-16-09, Amendment 39-15148.

Applicability

    (c) This AD applies to the airplanes identified in paragraphs 
(c)(1) and (c)(2) of this AD, certificated in any category.
    (1) Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 
170-100 LR, -100 STD, -100 SE, and -100 SU airplanes; and Model ERJ 
170-200 LR, -200 STD, and -200 SU airplanes; equipped with Hamilton 
Sundstrand low pressure check valve (LPCV) having part number (P/N) 
1001447-3.
    (2) Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 
190-100 ECJ, -100 LR, -100 IGW, -100 STD airplanes; and Model ERJ 
190-200 STD, -200 LR, and -200 IGW airplanes; equipped with Hamilton 
Sundstrand LPCV having P/N 1001447-3 or 1001447-4.

Subject

    (d) Air Transport Association (ATA) of America Code 36: 
Pneumatic.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
for EMBRAER Model ERJ 170 states:
    It has been found the occurrence of an engine in-flight shutdown 
caused by the LPCV failing to close due to excessive wear, which 
leads to the concern that such fault may be present in both engines 
of a given aircraft.
* * * * *
    The MCAI for EMBRAER Model ERJ 190 states:
    An occurrence of an uncommanded engine in-flight shutdown (IFSD) 
was reported on 20 Sep. 2005, which was caused by an ERJ 170 
defective LPCV P/N 1001447-3 logging 3900 Flight Hours (FH). The 
valve failed to close due to excessive wear. Despite there were no 
IFSD related to LPCV P/N 1001447-4 failure, some ERJ 190 valves P/N 
1001447-4 logging around 2472 FH were inspected and presented cracks 
due to low cycle fatigue. Since this failure mode also might lead to 
an engine in-flight shutdown and since both engines of the airplane 
have the same valves, there is a possibility of an occurrence of a 
dual engine IFSD due to LPCV failure.
* * * * *
    The required actions include repetitive replacements of the low-
stage check valves and associated seals of the left-hand and right-
hand engine bleed system with new or serviceable valves, depending 
on the model. For certain airplanes, this AD also includes an 
optional terminating action for the repetitive replacements. This AD 
also requires, if the terminating action is done, revising the 
approved maintenance plan to include repetitive functional tests of 
the low-stage check valve. For certain other airplanes, this AD 
requires replacing a certain low-stage check valve with an improved 
low-stage check valve.

Restatement of Requirements of AD 2005-23-14, With Revised Service 
Bulletin Reference

Replacement for Right-Hand (RH) Engine on Model ERJ 170-100 LR, -
100 STD, -100 SE, and -100 SU Airplanes

    (f) For Model ERJ 170-100 LR, -100 STD, -100 SE, and -100 SU 
airplanes: Within 100 flight hours after November 29, 2005 (the 
effective date of AD 2005-23-14, which was superseded by AD 2007-16-
09), or prior to the accumulation of 3,000 total flight hours, 
whichever occurs later, replace the low-stage check valve and 
associated seals of the RH engine's engine bleed system with a new 
check valve and new seals, in accordance with the Accomplishment 
Instructions of EMBRAER Alert Service Bulletin 170-36-A004, dated 
September 28, 2005; or paragraph 3.C. of the Accomplishment 
Instructions of EMBRAER Service Bulletin 170-36-0004, dated November 
18, 2005, or Revision 01, dated March 10, 2008. As of the effective 
date of this AD, only use EMBRAER Service Bulletin 170-36-0004, 
Revision 01, dated March 10, 2008. Repeat the replacement thereafter 
at intervals not to exceed 3,000 flight hours.

Removed Check Valves

    (g) Although EMBRAER Alert Service Bulletin 170-36-A004, dated 
September 28, 2005, specifies to send removed check valves to the 
manufacturer, this AD does not include that requirement.

Restatement of Certain Requirements of AD 2007-16-09, With Revised 
Service Bulletin Reference

Replacement for Left-Hand (LH) Engine on All Model ERJ 170 
Airplanes

    (h) For Model ERJ 170-100 LR, -100 STD, -100 SE, -100 SU, -200 
LR, -200 STD, and -200 SU airplanes: Within 300 flight hours after 
September 13, 2007 (the effective date of AD 2007-16-09) or prior to 
the accumulation of 3,000 total flight hours, whichever occurs 
later, replace the low-stage check valve and associated seals of the 
LH engine's engine bleed system with a new check valve and new 
seals, in accordance with paragraph 3.B. of the Accomplishment 
Instructions of EMBRAER Service Bulletin 170-36-0004, dated November 
18, 2005; or Revision 01, dated March 10, 2008. As of the effective 
date of this AD, only use EMBRAER Service Bulletin 170-36-0004, 
Revision 01, dated March 10, 2008. Repeat the replacement thereafter 
at intervals not to exceed 3,000 flight hours.

Removed Check Valves in Accordance With New Service Bulletin

    (i) Although EMBRAER Service Bulletin 170-36-0004, dated 
November 18, 2005, specifies to send removed check valves to the 
manufacturer, this AD does not include that requirement.

New Requirements of This AD: Actions and Compliance

    (j) Unless already done, do the following actions.
    (1) For Model ERJ 170-200 LR, -200 STD, -and -200 SU airplanes: 
Within 100 flight hours after the effective date of this AD, or 
prior to the accumulation of 3,000 total flight hours, whichever 
occurs later, replace the low-stage check valve and associated seals 
of the RH engine's engine bleed system with a new check valve and 
new seals, in accordance with the Accomplishment Instructions of 
EMBRAER Service Bulletin 170-36-0004, Revision 01, dated March 10,

[[Page 9820]]

2008. Repeat the replacement thereafter at intervals not to exceed 
3,000 flight hours.
    (2) For Model ERJ 170-100 LR, -100 STD, -100 SE, -100 SU, -200 
LR, -200 STD, and -200 SU airplanes: Replacing the LPCV having P/N 
1001447-3 with a new one having P/N 1001447-4 in accordance with 
EMBRAER Service Bulletin 170-36-0011, Revision 02, dated July 19, 
2007, is a terminating action for the repetitive replacements 
required by paragraphs (f), (h), and (j)(1) of this AD.
    (3) For Model ERJ 170-100 LR, -100 STD, -100 SE, -100 SU, -200 
LR, -200 STD, and -200 SU airplanes, at the earlier of the times 
specified in paragraphs (j)(3)(i) and (j)(3)(ii) of this AD, revise 
the maintenance program to include maintenance Task Number 36-11-02-
002 (Low Stage Bleed Check Valve), specified in Section 1, of the 
EMBRAER 170 Maintenance Review Board Report (MRBR), MRB-1621, 
Revision 5, dated November 5, 2008. Thereafter, except as provided 
by paragraph (k) of this AD, no alternative inspection intervals may 
be approved for the task.
    (i) Within 180 days after accomplishing paragraph (j)(2) of this 
AD.
    (ii) Before any LPCV having P/N 1001447-4 accumulates 3,000 
total flight hours, or within 300 flight hours after the effective 
date of this AD, whichever occurs later.
    (4) For Model ERJ 170-100 LR, -100 STD, -100 SE, -100 SU, -200 
LR, -200 STD, and -200 SU airplanes: As of the effective date of 
this AD, no person may install any LPCV identified in paragraph 
(j)(4)(i) or (j)(4)(ii) of this AD on any airplane.
    (i) Any LPCV having P/N 1001447-3, installed on Model ERJ-170 
airplanes, that has accumulated more than 3,000 total flight hours.
    (ii) Any LPCV having P/N 1001447-3, installed on Model ERJ-170 
and ERJ-190 airplanes that has accumulated 3,000 or more total 
flight hours. To calculate the equivalent number of flight hours for 
a LPCV having P/N 1001447-3 that was installed on Model ERJ-190 
airplane to be installed on a Model ERJ-170 airplane, the flight 
hours accumulated in operation on ERJ-190 models must be multiplied 
by a factor of 2 (100 percent).
    (5) For Model ERJ 190-100 ECJ, -100 LR, -100 IGW, -100 STD, -200 
STD, -200 LR, and -200 IGW airplanes: Within 100 flight hours after 
the effective date of this AD, replace all LPCVs having P/N 1001447-
3 that have accumulated 1,500 total flight hours or more as of the 
effective date of this AD, with a new or serviceable LPCV having P/N 
1001447-4 that has accumulated less than 2,000 total flight hours 
since new or since overhaul, in accordance with the Accomplishment 
Instructions of EMBRAER Service Bulletin 190-36-0006, Revision 01, 
dated July 19, 2007.
    (6) For Model ERJ 190-100 ECJ, -100 LR, -100 IGW, -100 STD, -200 
STD, -200 LR, and -200 IGW airplanes: Replace all LPCVs having P/N 
1001447-3 that have accumulated less than 1,500 total flight hours 
as of the effective date of this AD, before the LPCV accumulates 
1,500 total flight hours or within 100 flight hours after the 
effective date of this AD, whichever occurs later. Replace that LPCV 
with a new or serviceable LPCV having P/N 1001447-4 that has 
accumulated less than 2,000 total flight hours since new or since 
overhaul, in accordance with the Accomplishment Instructions of 
EMBRAER Service Bulletin 190-36-0006, Revision 01, dated July 19, 
2007.
    (7) For Model ERJ 190-100 ECJ, -100 LR, -100 IGW, -100 STD, -200 
STD, -200 LR, and -200 IGW airplanes: Within 200 flight hours after 
the effective date of this AD, or before any LPCV having P/N 
1001447-4 installed on the right engine accumulates 2,000 total 
flight hours since new or since overhaul, whichever occurs later, 
replace the valve with a new or serviceable LPCV having P/N 1001447-
4 that has accumulated less than 2,000 total flight hours since new 
or since overhaul, in accordance with the Accomplishment 
Instructions of EMBRAER Service Bulletin 190-36-0014, Revision 01, 
dated January 14, 2009. Repeat the replacement on the right engine 
at intervals not to exceed 2,000 total flight hours on the LPCV 
since new or last overhaul.
    (8) For Model ERJ 190-100 ECJ, -100 LR, -100 IGW, -100 STD, -200 
STD, -200 LR, and -200 IGW airplanes: Within 200 flight hours after 
the effective date of this AD, or before any LPCV having P/N 
1001447-4 installed on the left engine accumulates 2,000 total 
flight hours since new or last overhaul, whichever occurs later, 
replace the valve with a new or serviceable LPCV having P/N 1001447-
4 that has accumulated less than 2,000 total flight hours since new 
or since overhaul, in accordance with the Accomplishment 
Instructions of EMBRAER Service Bulletin 190-36-0014, Revision 01, 
dated January 14, 2009. Repeat the replacement on the left engine at 
intervals not to exceed 2,000 total flight hours on the LPCV since 
new or last overhaul.
    (9) For Model ERJ 190-100 ECJ, -100 LR, -100 IGW, -100 STD, -200 
STD, -200 LR, and -200 IGW airplanes: As of the effective date of 
this AD, installation on the left and right engines with a LPCV 
1001447-4 valve is allowed only if the valve has accumulated less 
than 2,000 total flight hours since new or last overhaul prior to 
installation.
    (10) For Model ERJ 190-100 ECJ, -100 LR, -100 IGW, -100 STD, -
200 STD, -200 LR, and -200 IGW airplanes: As of the effective date 
of this AD, no LPCV having P/N 1001447-3 may be installed on any 
airplane. Any LPCV having P/N 1001447-3 already installed on an 
airplane may remain in service until reaching the flight-hour limit 
defined in paragraphs (j)(5) and (j)(6) of this AD.
    (11) Replacing the LPCV is also acceptable for compliance with 
the requirements of paragraph (j)(2) of this AD if done before the 
effective date of this AD in accordance with EMBRAER Service 
Bulletin 170-36-0011, dated January 9, 2007; or EMBRAER Service 
Bulletin 170-36-0011, Revision 01, dated May 28, 2007.
    (12) Replacing the LPCV is also acceptable for compliance with 
the requirements of paragraphs (j)(5) and (j)(6) of this AD if done 
before the effective date of this AD in accordance with EMBRAER 
Service Bulletin 190-36-0006, dated April 9, 2007.
    (13) Replacing the LPCV is also acceptable for compliance with 
the requirements of paragraph (j)(1) of this AD if done before the 
effective date of this AD in accordance with EMBRAER Service 
Bulletin 170-36-0004, dated November 18, 2005.

    Note 1:  The actions in paragraphs (j)(5), (j)(6), (j)(7), 
(j)(8), (j)(9), and (j)(10) of this AD are considered interim action 
until a final action is identified, at which time we might consider 
issuing further rulemaking.

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (k) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
has the authority to approve AMOCs for paragraph (j) of this AD, if 
requested using the procedures found in 14 CFR 39.19. Send 
information to ATTN: Kenny Kaulia, Aerospace Engineer, International 
Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind 
Avenue, SW., Renton, Washington 98057-3356; telephone (425) 227-
2848; fax (425) 227-1149. Before using any approved AMOC on any 
airplane to which the AMOC applies, notify your principal 
maintenance inspector (PMI) or principal avionics inspector (PAI), 
as appropriate, or lacking a principal inspector, your local Flight 
Standards District Office. The AMOC approval letter must 
specifically reference this AD. AMOCs approved previously in 
accordance with AD 2007-16-09, Amendment 39-15148, are approved as 
AMOCs for the corresponding provisions of paragraph (j) of this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
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 (44 
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has 
approved the information collection requirements and has assigned 
OMB Control Number 2120-0056.

Related Information

    (l) Refer to MCAI Brazilian Airworthiness Directives 2005-09-
03R2, effective February 25, 2008; and 2006-11-01R4, effective April 
9, 2009; and the service information listed in Table 1 of this AD; 
for related information.

[[Page 9821]]



                  Table 1--Related Service Information
------------------------------------------------------------------------
           Document               Revision               Date
------------------------------------------------------------------------
EMBRAER Service Bulletin 170-            01  March 10, 2008.
 36-0004.
EMBRAER Service Bulletin 170-            02  July 19, 2007.
 36-0011.
EMBRAER Service Bulletin 190-            01  July 19, 2007.
 36-0006.
EMBRAER Service Bulletin 190-            01  January 14, 2009.
 36-0014.
Task 36-11-02-002 (Low Stage              5  November 5, 2008.
 Bleed Check Valve) in Section
 1 of the EMBRAER 170
 Maintenance Review Board
 Report MRB-1621.
------------------------------------------------------------------------


    Issued in Renton, Washington, on February 24, 2010.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-4505 Filed 3-3-10; 8:45 am]
BILLING CODE 4910-13-P
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