16154 Federal Register / Vol. 74, No. 67 / Thursday, April 9, 2009 / Proposed Rules 

or repaired in the areas addressed by these 

inspections and CDCCLs, the operator may 

not be able to accomplish the inspections and 

CDCCLs, described in the revisions. In this 

situation, to comply with 14 CFR 91.403(c), 

the operator must request approval for an 

alternative method of compliance according 

to paragraph (o) of this AD. The request 

should include a description of changes to 

the required inspections and CDCCLs that 

will ensure the continued operational safety 

of the airplane. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 28: Fuel. 

Unsafe Condition 

(e) This AD results from fuel system 

reviews conducted by the manufacturer. The 

Federal Aviation Administration is issuing 

this AD to reduce the potential of ignition 

sources inside fuel tanks, which in 

combination with flammable fuel vapors, 

could result in fuel tank fire or explosions 

and consequent loss of the airplane. 

Compliance 

(f) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless 

already done. 

Revision to the Airworthiness Limitations 

Section 

(g) Within 30 days after the effective date 

of this AD, revise the Airworthiness 

Limitations Section (ALS) of the Instructions 

for Continued Airworthiness to incorporate 

the inspections specified in section 2.2.3 of 

the Goodrich A300–600 Instructions for 

Continued Airworthiness, Document T3012– 

0005–0101, Revision B, dated June 12, 2008. 

(h) Within six months after the effective 

date of this AD, do a general visual 

inspection for tank unit separation and 

compensator separation of the: center, inner, 

outer fuel tanks, and trim fuel tanks of the 

tank units, in accordance with section 2.2.3 

of the Goodrich A300–600 Instructions for 

Continued Airworthiness, Document T3012– 

0005–0101, Revision B, dated June 12, 2008. 

If incorrect separation is found, in 

accordance with section 2.2.3 of the 

Goodrich A300–600 Instructions for 

Continued Airworthiness, Document T3012– 

0005–0101, Revision B, dated June 12, 2008, 

before further flight, correct the separation in 

accordance with the airplane maintenance 

manual for the corresponding inspection 

specified in section 2.2.3 of the Goodrich 

A300–600 Instructions for Continued 

Airworthiness Document T3012–0005–0101, 

Revision B, dated June 12, 2008. A review of 

airplane maintenance records is acceptable in 

lieu of this inspection if the requirement of 

Table 6 in section 10.1 of the Goodrich 

A300–600 Instructions for Continued 

Airworthiness, Document T3012–0005–0101, 

Revision B, dated June 12, 2008, can be 

conclusively determined to have been done 

from that review. 

(i) Within 30 days after the effective date 

of this AD, revise the ALS of the Instructions 

for Continued Airworthiness to incorporate 

the CDCCLs as defined in section 10.1 of the 

Goodrich A300–600 Instructions for 

Continued Airworthiness, Document T3012– 

0005–0101, Revision B, dated June 12, 2008. 

(j) Except as provided by paragraph (o) of 

this AD: After accomplishing the actions 

specified in paragraphs (g) and (i) of this AD, 

no alternative inspection, inspection 

intervals, or CDCCLs may be used. 

Actions Done According to Previous Service 

Information 

(k) Inspections are acceptable for 

compliance with the requirements of 

paragraph (h) of this AD, if done before the 

effective date of this AD, in accordance with 

Goodrich Service Bulletin 300723–0101–28– 

01, dated April 15, 2004. 

(l) Inspections are also acceptable for 

compliance with the requirements of 

paragraph (h) of this AD, if done in 

accordance with Goodrich Service Bulletin 

300723–0101–28–01, Revision 1, dated July 

1, 2004. 

Acceptable Methods of Compliance for AD 

2004–05–05 

(m) Doing the inspections in section 2.2.3 

of the Goodrich A300–600 Instructions for 

Continued Airworthiness Document T3012– 

0005–0101, Revision B, dated June 12, 2008, 

is considered an acceptable method of 

compliance to paragraphs (b) and (c) of AD 

2004–05–05, amendment 39–13499. 

(n) Doing the inspections in accordance 

with Goodrich Service Bulletin 300723– 

0101–28–01, Revision 1, dated July 1, 2004, 

is an acceptable method of compliance to 

paragraphs (b) and (c) of AD 2004–05–05. 

Alternative Methods of Compliance 

(AMOCs) 

(o)(1) The Manager, Boston Aircraft 

Certification Office (ACO), FAA, has the 

authority to approve AMOCs for this AD, if 

requested using the procedures found in 14 

CFR 39.19. Send information to ATTN: Marc 

Ronell, Aerospace Engineer, ANE–150, FAA, 

Boston ACO, 12 New England Executive 

Park, Burlington, Massachusetts 01803; 

telephone (781) 238–7776; fax (781) 238– 

7170. 

(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 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. 

Issued in Renton, Washington, on April 2, 

2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–8081 Filed 4–8–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–0083; Directorate 

Identifier 2006–NM–266–AD] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model EMB–135BJ, 

–135ER, –135KE, –135KL, –135LR, 

–145, –145ER, –145MR, –145LR, 

–145XR, –145MP, and –145EP 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Supplemental notice of 

proposed rulemaking (NPRM); 

reopening of comment period. 

SUMMARY: We are revising an earlier 

NPRM for the products listed above. 

This action revises the earlier NPRM by 

expanding the scope. This proposed AD 

results from mandatory continuing 

airworthiness information (MCAI) 

originated by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

It has been found the occurrence of engine 

anti-ice system valve failure, where the valve 

spring seat has broken and obstructed the 

anti-ice system venturi tube. Therefore, 

should the aircraft encounter icing 

conditions, ice may accrete in the engine 

inlet lip and be ingested through the air inlet, 

resulting in possible engine damage and 

flame-out. 

The proposed AD would require 

actions that are intended to address the 

unsafe condition described in the MCAI. 

DATES: We must receive comments on 

this proposed AD by May 4, 2009. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

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

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–40, 1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this proposed AD, contact Empresa 


dwashington3 on PROD1PC60 with PROPOSALS
Federal Register / Vol. 74, No. 67 / Thursday, April 9, 2009 / Proposed Rules 16155 

Brasileira de Aeronautica S.A. 

(EMBRAER), Technical Publications 

Section (PC 060), Av. Brigadeiro Faria 

Lima, 2170—Putim—12227–901 Saa ̃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, Washington. For 

information on the availability of this 

material at the FAA, call 425–227–1221 

or 425–227–1152. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Operations office between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains this proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Operations 

office (telephone (800) 647–5527) is in 

the ADDRESSES section. Comments will 

be available in the AD docket shortly 

after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Sanjay Ralhan, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–1405; fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2007–0083; Directorate Identifier 

2006–NM–266–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD based on those comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this proposed AD. 

Discussion 

We proposed to amend 14 CFR part 

39 with an earlier NPRM for the 

specified products, which was 

published in the Federal Register on 

October 25, 2007 (72 FR 60595). That 

earlier NPRM proposed to require 

actions intended to address the unsafe 

condition for the products listed above. 

Since the earlier NPRM was issued, 

we have determined that the procedures 

specified in paragraphs (f)(5)(ii), (f)(6)(i), 

(f)(6)(ii), (f)(7), and (f)(8) of the earlier 

NPRM need to be revised for the reasons 

cited in our response to the comment 

submitted by American Eagle Airlines 

below. The earlier NPRM corresponds to 

Brazilian Airworthiness Directive 2006– 

09–03R1, effective January 4, 2007 

(referred to after this as ‘‘the MCAI’’). 

The MCAI describes procedures for 

inspecting the engine anti-icing system 

valves and tubes to detect damage and, 

if necessary, replacing the anti-icing 

system valves. You may obtain further 

information by examining the MCAI in 

the AD docket. 

Comments 

We have considered the following 

comments received on the earlier 

NPRM. 

Request To Clarify if Earlier NPRM 

Will be Delayed Due to a Malfunction 

Related to Part Number (P/N) 

C146009–4 

American Eagle Airlines, Inc. states 

that it has experienced malfunctions of 

the engine anti-ice valve (EAIV) P/N 

C146009–4 installed during 

accomplishment of Embraer Service 

Bulletin 145–30–0044, Revision 03, 

dated December 12, 2006; and Embraer 

Service Bulletin 145–30–0049, Revision 

01, dated October 19, 2006. These 

service bulletins are cited in the earlier 

NPRM as appropriate sources of service 

information for replacing the EAIV. The 

commenter asks if implementing the 

earlier NPRM will be delayed until the 

current problems with the P/N 

C146009–4 valve are identified and 

corrected. 

We have determined that the reported 

malfunctions and failure of the EAIV 

P/N C146009–4 are due to piston rib 

breakage found in the 

EAIV (P/N C146009–2/–3 reworked to 

C146009–4) reworked in accordance 

with one of the service bulletins in the 

following table. 

Embraer Service Bulletin Revision Date 

145–30–0044 ........................................................................................................................................ Original ........ October 31, 2005. 

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

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

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

145LEG–30–0018 ................................................................................................................................. Original ........ June 26, 2006. 

145LEG–30–0018 ................................................................................................................................. 01 ................ September 25, 2006. 

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

Embraer Service Bulletin 145LEG–30– 

0018, Revision 02, dated December 12, 

2006, is also cited in the earlier NPRM 

as an appropriate source of service 

information for replacing the anti-ice 

valve. 

We have determined that the piston 

rib failure mode of P/N C146009–4 is 

not related to the unsafe condition 

addressed by this supplemental NPRM. 

EMBRAER has stated that the new 

failure mode has no effect on safety 

because there is an engine indicating 

and crew alerting system (EICAS) 

message related to the event. There is no 

indication that this failure could lead to 

engine anti-ice system clogging and the 

final effect of this failure mode is to 

maintain the EAIV in ‘‘open’’ position, 

therefore maintaining unobstructed 

bleed air for engine anti-icing. We have 

not changed this supplemental NPRM in 

this regard. 

However, EMBRAER has issued 

Service Bulletins 145–30–0044, 

Revision 04, dated May 14, 2008; and 

145LEG–30–0018, Revision 03, dated 

May 14, 2008. The latest revisions of 

these service bulletins contain 

essentially the same procedures as the 

previous issues, except these service 

bulletins include revisions to the 

referenced Hamilton Sundstrand/ 

Microtecnica procedures for upgrading 

the EAIV P/N C146009–2/–3 to P/N 

C146009–4 by including dye-penetrant 

inspections of the piston. We have 

revised paragraphs (f)(5)(i), (f)(6)(ii), 

(f)(7), (f)(8), and (f)(9) of the 

supplemental NPRM to refer to Embraer 

Service Bulletins 145–30–0044, 

Revision 04, dated May 14, 2008; and 


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145LEG–30–0018, Revision 03, dated 

May 14, 2008. 

Also, EMBRAER has released Service 

Newsletter (SNL) 145–30–0021, dated 

May 26, 2008, informing the operators 

about the new failure mode and its 

effect on P/N C146009–4. EMBRAER 

and ANAC have stated that they will 

continue monitoring the occurrence 

reports related to the failure of P/N 

C146009–4. If additional data are 

presented that would justify additional 

actions, we might consider further 

rulemaking on this issue. We have not 

changed this supplemental NPRM in 

this regard. 

Request to Correct Service Information 

Citation 

EMBRAER and ExpressJet request that 

we correct an error in paragraph (f)(5)(ii) 

of the earlier NPRM. EMBRAER states 

that, rather than: ‘‘If the valve was 

installed according to the detailed 

instructions and procedures described 

in Embraer Service Bulletin 145–30– 

0044, Revision 03, dated December 12, 

2006,’’ this sentence should cite the 

original issue of the service information: 

Embraer Service Bulletin 145–30–0044, 

dated October 31, 2005. ExpressJet also 

states that we should revise the service 

information citation as described, but 

adds that we should also refer to 

Embraer Service Bulletin 145–30–0044, 

Revision 01, dated June 26, 2006, in 

paragraph (f)(5)(ii) of the earlier NPRM. 

We agree with the requests to correct 

the service information citation. 

However, since Embraer Service 

Bulletin 145–30–0044, Revision 01, 

includes the special detailed 

inspections for removing any damage or 

obstruction of the anti-ice tubes, only 

Embraer Service Bulletin 145–30–0044, 

dated October 31, 2005, should be cited 

in paragraph (f)(5)(ii) of the 

supplemental NPRM. We have revised 

paragraph (f)(5)(ii) of the supplemental 

NPRM accordingly. For the same 

reasons, we also revised paragraph 

(f)(6)(i) of the supplemental NPRM to 

cite Embraer Service Bulletin 145–30– 

0044, dated October 31, 2005. 

Request to Allow Records Check 

ExpressJet requests that we revise 

paragraph (f)(1) of the earlier NPRM to 

allow an aircraft records review to 

determine the valve part number. 

ExpressJet states that, except for 10 

airplanes, its fleet has been retrofitted to 

replace EAIV P/Ns C146009–2 and 

C146009–3 with P/N C146009–4 valves. 

ExpressJet asserts that the locations of 

those valves that have not been replaced 

can be easily determined from an 

aircraft records review and that 

requiring a general visual inspection 

(GVI) of valves to determine their part 

numbers would be redundant and a 

waste of resources. 

We disagree with this request. In 

order to ensure the correct configuration 

of EAIV part numbers are installed on 

the airplanes so that appropriate actions 

required by this AD are followed, we 

require a visual inspection of the part 

number, as specified in the MCAI, to 

determine if the valve is installed. 

However, as provided by paragraph 

(g)(1) of the AD, operators may request 

an alternative method of compliance 

(AMOC) if data are submitted to 

demonstrate that using a records review 

would provide an acceptable level of 

safety. 

Request to Clarify Valve Replacement 

ExpressJet requests that we clarify the 

valve replacement requirements 

described in paragraphs (f)(3) and (f)(4) 

of the earlier NPRM. ExpressJet asserts 

that replacing a P/N C146009–2 or 

C146009–3 valve with a valve having 

either of those P/Ns rather than a P/N 

C146009–4 valve will lead to excessive 

tracking and inspection requirements. 

ExpressJet states that this will constitute 

an enormous burden on operators and 

make it impossible or very difficult to 

meet certain documentation and 

tracking requirements of section 121.380 

(a)(2)(i) of the Federal Aviation 

Regulations (14 CFR 121.380 (a)(2)(i)). 

We acknowledge ExpressJet’s 

statement that replacement with a P/N 

C146009–2 or C146009–3 valve leads to 

additional tracking and inspection 

requirements. However, we disagree 

that this will constitute an enormous 

burden on operators because replacing 

EAIV P/N C146009–2 or C146009–3 

with a valve having either of those P/Ns 

rather than a P/N C146009–4 valve is an 

option. Although this option is more 

labor intensive, it will address the 

unsafe condition as required by the 

supplemental NPRM. Eventually 

operators would be required to replace 

P/N C146009–2 and C146009–3 valves 

with new P/N C146009–4 valves as 

specified in paragraphs (f)(7) and (f)(8) 

of the supplemental NPRM. We have 

not changed this supplemental NPRM in 

this regard. 

Request to Allow Alternative Parts 

Dukes, Inc., requests that we revise 

the earlier NPRM to permit the use of 

parts manufacturer approval (PMA) 

parts. The commenter states that in 2003 

it designed, tested, and manufactured an 

approved PMA alternative valve (Dukes 

P/N 5460–00–1) to replace the P/N 

C146009–2 valve. The commenter states 

that this PMA valve is currently in 

operation in the field and that the PMA 

valve design is not subject to the failure 

mode described in the earlier NPRM. 

Further, the commenter asserts that 

subsequent upgrades developed for P/N 

C146009–2 and –3 valves do not affect 

the form, fit, or function of the PMA 

valve. The commenter asserts that the 

reduced cost and shorter lead-time for 

the PMA valve would be of great benefit 

to operators. The commenter requests 

that we permit the use of the described 

PMA valves as replacements for P/N 

C146009–4 as well as P/N C146009–3 

valves. 

We do not agree with the request to 

allow the use of Dukes P/N 5460–00–1 

as a replacement for P/Ns C146009–3 

and C146009–4. The PMA request to 

allow Dukes P/N 5460–00–1 as a 

replacement for P/N C146009–4 as well 

as P/N C146009–3 valves has not been 

approved yet. However, as provided by 

paragraph (g)(1) of the AD, any person 

may request an AMOC if data are 

submitted to demonstrate that using a 

different replacement part would 

provide an acceptable level of safety. 

We have not changed this supplemental 

NPRM in this regard. 

Request to Clarify Terminating Action 

ExpressJet requests that we clarify 

that the actions specified in paragraph 

(f)(5)(ii) of the earlier NPRM are 

considered terminating action. 

ExpressJet states that it is clear that the 

actions described in paragraph (f)(5)(i) 

of the earlier NPRM are terminating 

actions. ExpressJet asserts, therefore, 

that after the inspection specified in 

paragraph (f)(5)(ii) is done, no further 

action is required because the 

installation and inspection specified in 

paragraph (f)(5)(ii) of the earlier NPRM 

is equivalent to the installation 

specified in paragraph (f)(5)(i). 

ExpressJet states that the action in 

paragraph (f)(5)(ii) of the earlier NPRM 

would also qualify as an exception to 

the minimum equipment list (MEL) 

requirement specified in paragraph (f)(6) 

of the earlier NPRM. 

We acknowledge ExpressJet’s 

comments regarding clarifying 

paragraph (f)(5)(ii) of the earlier NPRM. 

We have revised paragraph (f)(5)(ii) of 

the supplemental NPRM to include the 

following statement: After doing the 

actions specified in paragraph (f)(5)(ii) 

of this AD, no further action is required 

by this AD. 

We have revised paragraph (f)(6)(i) of 

the supplemental NPRM to add Embraer 

Service Bulletin 145–30–0044, dated 

October 31, 2005. In addition, we have 

revised paragraph (f)(6)(ii) of the 

supplemental NPRM to add Embraer 

Service Bulletins 145–30–0044, 

Revision 01, dated June 26, 2006; 


dwashington3 on PROD1PC60 with PROPOSALS
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Revision 02, dated September 25, 2006; 

Revision 03, dated December 12, 2006; 

and Revision 04, dated May 14, 2008. 

Therefore, the MEL exception will be in 

accordance with paragraph (f)(6)(i) and 

(f)(6)(ii) of the supplemental NPRM. 

Request to Address Parts Installed as 

Replacements 

ExpressJet requests that we revise 

paragraph (f)(5)(ii) of the earlier NPRM 

to address parts installed as 

replacements in accordance with service 

information other than the service 

bulletins specified in paragraph 

(f)(5)(ii). 

We agree with the request to address 

service information other than the 

service bulletins specified in paragraph 

(f)(5)(ii) of the supplemental NPRM. We 

have received reports of clogging of 

venturi tubes when parts were replaced 

in accordance with the airplane 

maintenance manual or illustrated parts 

catalog. We have determined that parts 

that were installed in accordance with 

a method other than those specified in 

paragraph (f)(5)(i) of this AD must be 

inspected. We have revised paragraph 

(f)(5)(ii) of this AD accordingly. 

Request to Revise Costs of Compliance 

Dukes, Inc., requests that we revise 

the Costs of Compliance paragraph in 

the earlier NPRM. The commenter states 

that the cost to modify P/N C146009–2 

or –3 valves to the –4 configuration will 

be in excess of $20,000 per valve. 

We agree with the commenter. There 

are approximately 306 P/N C146009–2 

and –3 valves (305 C146009–2 valves 

and 1 C146009–3 valve) that need to be 

replaced with P/N C146009–4 valves. 

The part would cost about $27,507 (the 

cost to modify the part is up to $23,444) 

and it would take about 5 work-hours to 

install. We have revised the Costs of 

Compliance paragraph in this 

supplemental NPRM accordingly. 

However, since certain parts of the P/N 

C146009–2 and –3 valve assemblies are 

re-workable, Hamilton Sundstrand and 

Microtechnica state that they have 

established commercial programs that 

reduce the cost substantially for the 

parts returned for modification. 

Request to Review Additional 

Information on Earlier NPRM 

Dukes, Inc., requests that we provide 

them with any additional information 

that was submitted after the comment 

period closed (November 26, 2007) for 

the earlier NPRM. Dukes states that it is 

aware that additional information may 

have been presented by a third party. 

As stated earlier, we have received 

and reviewed new service information 

from EMBRAER. No additional 

information other than what is 

contained in the docket has been 

submitted. We are not aware of any ex 

parte contacts that occurred during the 

rulemaking process. 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 street 

address for the Docket Operations office 

(telephone (800) 647–5527) is in the 

ADDRESSES section of the supplemental 

NPRM. You may also 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. 

Revisions to the Supplemental NPRM to 

Allow Compliance With Certain Service 

Bulletins 

In the earlier NPRM, we inadvertently 

did not include references to the 

original issue of Embraer Service 

Bulletins 145–30–0049 and 145LEG–30– 

0016, both dated June 28, 2006, in 

paragraphs (f)(1)(ii), (f)(2), (f)(3), (f)(4), 

(f)(5)(ii), and (f)(6) of the earlier NPRM. 

These service bulletins are acceptable 

sources of service information for doing 

the actions specified in paragraphs 

(f)(1)(ii), (f)(2), (f)(3), (f)(4), (f)(5)(ii), and 

(f)(6) of the earlier NPRM. In order to 

correspond with the MCAI, we have 

revised paragraphs (f)(1)(ii), (f)(2), (f)(3), 

(f)(4), (f)(5)(ii), and (f)(6) of this 

supplemental NPRM to refer to Embraer 

Service Bulletin 145–30–0049, dated 

June 28, 2006; and Embraer Service 

Bulletin 145LEG–30–0016, dated June 

28, 2006. 

FAA’s Determination and Requirements 

of This Proposed AD 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with the State of 

Design Authority, we have been notified 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are proposing this 

AD because we evaluated all pertinent 

information and determined an unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

Certain changes described above 

expand the scope of the earlier NPRM. 

As a result, we have determined that it 

is necessary to reopen the comment 

period to provide additional 

opportunity for the public to comment 

on this proposed AD. 

Differences Between This AD and the 

MCAI or Service Information 

We have reviewed the MCAI and 

related service information and, in 

general, agree with their substance. But 

we might have found it necessary to use 

different words from those in the MCAI 

to ensure the AD is clear for U.S. 

operators and is enforceable. In making 

these changes, we do not intend to differ 

substantively from the information 

provided in the MCAI and related 

service information. 

We might also have proposed 

different actions in this AD from those 

in the MCAI in order to follow FAA 

policies. Any such differences are 

highlighted in a NOTE within the 

proposed AD. 

Costs of Compliance 

Based on the service information, we 

estimate that this proposed AD would 

affect about 697 products of U.S. 

registry. We also estimate that it would 

take about 7 work-hours per product to 

comply with the requirements of this 

proposed AD. Required parts would cost 

up to $55,014 per product (for airplanes 

having two affected parts; there are 306 

affected parts). 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. The average 

labor rate is $80 per work-hour. Based 

on these figures, we estimate the cost of 

the proposed AD on U.S. operators to be 

up to $8,807,433 or up to $55,574 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 

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. 


dwashington3 on PROD1PC60 with PROPOSALS
16158 Federal Register / Vol. 74, No. 67 / Thursday, April 9, 2009 / Proposed Rules 

Regulatory Findings 

We determined that this proposed AD 

would not have Federalism implications 

under Executive Order 13132. This 

proposed AD would not have a 

substantial direct effect on the States, on 

the relationship between the national 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify this proposed regulation: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

2. Is not a ‘‘significant rule’’ under the 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); and 

3. Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this proposed AD and placed it in the 

AD docket. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 14 CFR part 

39 as follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new AD: 

Empresa Brasileira De Aeronautica S.A. 

(Embraer): Docket No. FAA–2007–0083; 

Directorate Identifier 2006–NM–266–AD. 

Comments Due Date 

(a) We must receive comments by May 4, 

2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Empresa Brasileira 

de Aeronautica S.A. (EMBRAER) Model 

EMB–135BJ, –135ER, –135KE, –135KL, 

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

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

certificated in any category, except airplanes 

having serial numbers 14500921, 14500928, 

14500932, 14500949, 14500958, 14500971, 

14500973 and up, which will have in-factory 

modification incorporated. 

Subject 

(d) Air Transport Association of America 

Code 30: Ice and Rain Protection. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

It has been found the occurrence of engine 

anti-ice system valve failure, where the valve 

spring seat has broken and obstructed the 

anti-ice system venturi tube. Aircraft 

dispatch with that failure may be allowed by 

the operator Minimum Equipment List 

(MEL), since the engine anti-ice system valve 

be locked in the OPEN position. However, 

there is no readily available means to make 

sure the anti-ice system tubing is free of 

debris, allowing unrestricted hot airflow to 

the piccolo tube on the engine inlet lip. 

Therefore, should the aircraft encounter icing 

conditions, ice may accrete in the engine 

inlet lip and be ingested through the air inlet, 

resulting in possible engine damage and 

flame-out. 

The required actions include an inspection 

to determine the part number of the engine 

anti-icing system valves; repetitive 

inspections of certain engine anti-icing 

system valves and tubes to detect damage, 

and replacement of the valves if damage is 

found; and eventual replacement of certain 

anti-icing system valves. 

Actions and Compliance 

(f) Unless already done, do the following 

actions. 

(1) PART I—Within the next 500 flight 

hours or 3 months after the effective date of 

this AD, whichever occurs first, carry out a 

general visual inspection of both LH (lefthand) and RH (right-hand) engine anti-ice 

system valves to determine their P/N (part 

number). 

(i) If any engine anti-ice system valve with 

P/N C146009–2 is found, no further action is 

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

(ii) If any anti-ice system valve with P/N 

C146009–3 is found, before further flight: 

Remove it and carry out a detailed inspection 

regarding its integrity; and carry out a special 

detailed inspection for an obstruction in the 

corresponding engine anti-ice system tubes; 

according to the detailed instructions and 

procedures described in Embraer Service 

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

or Revision 01, dated October 19, 2006; or 

Embraer Service Bulletin 145LEG–30–0016, 

dated June 28, 2006, or Revision 01, dated 

February 5, 2007; as applicable. 

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

obstructed, before further flight: Replace the 

valve with a serviceable or new valve bearing 

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

or remove the obstruction; as applicable; in 

accordance with the Accomplishment 

Instructions of Embraer Service Bulletin 145– 

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

dated October 19, 2006; or Embraer Service 

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

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

as applicable. 

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

is not obstructed, re-install the valve or 

install a serviceable or new valve bearing P/ 

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

re-install the tube; in accordance with the 

Accomplishment Instructions of Embraer 

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

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

or Embraer Service Bulletin 145LEG–30– 

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

dated February 5, 2007; as applicable. 

(iii) If any engine anti-ice system valve 

with P/N C146009–4 is found, no further 

action is required by paragraph (f)(1) of this 

AD. In this case, paragraphs (f)(2), (f)(3), 

(f)(4), (f)(7), and (f)(8) of this AD are not 

applicable. However, paragraphs (f)(5) and 

(f)(6) of this AD must be accomplished. 

(2) PART II—Within the next 1,500 flight 

hours or 9 months after the effective date of 

this AD, whichever occurs first, and 

thereafter at intervals that do not exceed 

1,000 flight hours or 6 months, whichever 

occurs first, carry out a detailed inspection 

for damage of both LH and RH engine antiice system valves bearing P/N C146009–2 or 

C146009–3; and a special detailed inspection 

for obstruction of the corresponding engine 

anti-ice system tubes; according to the 

detailed instructions and procedures 

described in Embraer Service Bulletin 145– 

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

dated October 19, 2006; or Embraer Service 

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

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

as applicable; and accomplish paragraphs 

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

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

obstructed, before further flight: Replace the 

valve with a serviceable or new valve bearing 

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

or remove the obstruction; as applicable; in 

accordance with the Accomplishment 

Instructions of Embraer Service Bulletin 145– 

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

dated October 19, 2006; or Embraer Service 

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

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

as applicable. 

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

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

new valve bearing P/N C146009–2, C146009– 

3, or C146009–4; or remove the obstruction; 

as applicable; in accordance with the 

Accomplishment Instructions of Embraer 

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

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

or Embraer Service Bulletin 145LEG–30– 

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

dated February 5, 2007; as applicable. 

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

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

will be installed as a replacement as 

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

this AD, must undergo a detailed inspection 

for its integrity before installation, and any 

damage or obstruction repaired, according to 

the detailed instructions and procedures 

described in Embraer Service Bulletin 145– 

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

dated October 19, 2006; or Embraer Service 

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

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

as applicable; and additionally adhere to 

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

applicable. 

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

a serviceable or new valve bearing P/N 

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

accordance with the Accomplishment 


dwashington3 on PROD1PC60 with PROPOSALS
Federal Register / Vol. 74, No. 67 / Thursday, April 9, 2009 / Proposed Rules 16159 

Instructions of Embraer Service Bulletin 145– 

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

dated October 19, 2006; or Embraer Service 

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

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

as applicable. 

(ii) If the valve is not damaged, installation 

is permitted. 

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

tubes that will be installed on the airplane as 

a replacement as provided for in paragraph 

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

special detailed inspection before 

installation, and any damage or obstruction 

repaired, according to the detailed 

instructions and procedures described in 

Embraer Service Bulletin 145–30–0049, dated 

June 28, 2006, or Revision 01, dated October 

19, 2006; or Embraer Service Bulletin 

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

Revision 01, dated February 5, 2007; as 

applicable. 

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

valve with P/N C146009–4 has been found 

during the inspection required by paragraph 

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

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

next 1,500 flight hours or 9 months after the 

effective date of this AD, whichever occurs 

first. 

(i) If the valve was installed according to 

the detailed instructions and procedures 

described in Embraer Service Bulletin 145– 

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

Revision 02, dated September 25, 2006, 

Revision 03, dated December 12, 2006, or 

Revision 04, dated May 14, 2008; or Embraer 

Service Bulletin 145LEG–30–0018, Revision 

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

dated May 14, 2008; as applicable; no further 

action is required by this AD. 

(ii) If the valve was installed according to 

detailed instructions and procedures other 

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

this AD; carry out a special detailed 

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

remove all obstructions; according to the 

detailed instructions and procedures 

described in Embraer Service Bulletin 145– 

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

dated October 19, 2006; or Embraer Service 

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

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

as applicable. After doing the actions 

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

further action is required by this AD. 

(6) PART VI—Before aircraft dispatch with 

one or two engine anti-ice system valves 

inoperative (Master Minimum Equipment 

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

inspection for damage of the affected engine 

anti-ice system valves; and a special detailed 

inspection for obstruction of the 

corresponding engine anti-ice system tubes; 

and repair any damage or obstruction before 

further flight. Do all actions according to the 

detailed instructions and procedures 

described in Embraer Service Bulletin 145– 

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

dated October 19, 2006; or Embraer Service 

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

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

as applicable; by accomplishing paragraph 

(f)(2) of this AD, unless: 

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

previously installed according to the detailed 

instructions and procedures described in 

Embraer Service Bulletin 145–30–0044, dated 

October 31, 2005; Embraer Service Bulletin 

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

Embraer Service Bulletin 145LEG–30–0018, 

Revision 01, dated September 25, 2006; as 

applicable; and additionally, paragraph 

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

or 

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

previously installed according to the detailed 

instructions and procedures described in 

Embraer Service Bulletin 145–30–0044, 

Revision 01, dated June 26, 2006, Revision 

02, dated September 25, 2006, Revision 03, 

dated December 12, 2006, or Revision 04, 

dated May 14, 2008; or Embraer Service 

Bulletin 145LEG–30–0018, Revision 02, 

dated December 12, 2006, or Revision 03, 

dated May 14, 2008; as applicable. 

(7) PART VII—Within the next 2,500 flight 

hours or 12 months after the effective date of 

this AD, whichever occurs first, install 

engine anti-ice system valves bearing P/N 

C146009–4 in the LH and RH engine 

positions, replacing P/N C146009–3, 

according to the detailed instructions and 

procedures described in Embraer Service 

Bulletin 145–30–0044, Revision 01, dated 

June 26, 2006, Revision 02, dated September 

25, 2006, Revision 03, dated December 12, 

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

Embraer Service Bulletin 145LEG–30–0018, 

Revision 02, dated December 12, 2006, or 

Revision 03, dated May 14, 2008; as 

applicable. 

(8) PART VIII—Within the next 6,000 flight 

hours or 30 months after the effective date of 

this AD, whichever occurs first, install 

engine anti-ice system valves bearing P/N 

C146009–4 in the LH and RH engine 

positions, replacing P/N C146009–2, 

according to the detailed instructions and 

procedures described in Embraer Service 

Bulletin 145–30–0044, Revision 01, dated 

June 26, 2006; Revision 02, dated September 

25, 2006, Revision 03, dated December 12, 

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

Embraer Service Bulletin 145LEG–30–0018, 

Revision 02, dated December 12, 2006, or 

Revision 03, dated May 14, 2008; as 

applicable. 

(9) PART IX—The installation of engine 

anti-ice system valves bearing 

P/N C146009–4 according to the detailed 

instructions and procedures described in 

Embraer Service Bulletin 145–30–0044, 

Revision 01, dated June 26, 2006, Revision 

02, dated September 25, 2006, Revision 03, 

dated December 12, 2006; or Revision 04, 

dated May 14, 2008; or Embraer Service 

Bulletin 145LEG–30–0018, Revision 02, 

dated December 12, 2006, or Revision 03, 

dated May 14, 2008; as applicable; 

constitutes a terminating action for this AD, 

in lieu of the repetitive inspections required 

by paragraph (f)(2) of this AD. 

Note 1: For the purposes of this AD, a 

general visual inspection is: ‘‘A visual 

examination of an interior or exterior area, 

installation, or assembly to detect obvious 

damage, failure, or irregularity. This level of 

inspection is made from within touching 

distance unless otherwise specified. A mirror 

may be necessary to ensure visual access to 

all surfaces in the inspection area. This level 

of inspection is made under normally 

available lighting conditions such as 

daylight, hangar lighting, flashlight, or 

droplight and may require removal or 

opening of access panels or doors. Stands, 

ladders, or platforms may be required to gain 

proximity to the area being checked.’’ 

Note 2: For the purposes of this AD, a 

detailed inspection is: ‘‘An intensive 

examination of a specific item, installation, 

or assembly to detect damage, failure, or 

irregularity. Available lighting is normally 

supplemented with a direct source of good 

lighting at an intensity deemed appropriate. 

Inspection aids such as mirror, magnifying 

lenses, etc., may be necessary. Surface 

cleaning and elaborate procedures may be 

required.’’ 

Note 3: For the purposes of this AD, a 

special detailed inspection is: ‘‘An intensive 

examination of a specific item, installation, 

or assembly to detect damage, failure, or 

irregularity. The examination is likely to 

make extensive use of specialized inspection 

techniques and/or equipment. Intricate 

cleaning and substantial access or 

disassembly procedure may be required.’’ 

FAA AD Differences 

Note 4: This AD differs from the MCAI 

and/or service information as follows: No 

differences. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, ANM–116, 

International Branch, Transport Airplane 

Directorate, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

Send information to ATTN: Sanjay Ralhan, 

Aerospace Engineer, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

227–1405; fax (425) 227–1149. Before using 

any approved AMOC on any airplane to 

which the AMOC applies, notify your 

principal maintenance inspector (PMI) or 

principal avionics inspector (PAI), as 

appropriate, or lacking a principal inspector, 

your local Flight Standards District Office. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, under the 

provisions of the Paperwork Reduction Act, 

the Office of Management and Budget (OMB) 

has approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(h) Refer to Brazilian Airworthiness 

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

2007; and to the service bulletins listed in 

Table 1 of this AD; for related information. 


dwashington3 on PROD1PC60 with PROPOSALS
16160 Federal Register / Vol. 74, No. 67 / Thursday, April 9, 2009 / Proposed Rules 

1Standards for Business Practices and 

Communication Protocols for Public Utilities, 126 

FERC ¶ 61,248 (2009) (NAESB NOPR). 

2Mandatory Reliability Standards for the 

Calculation of Available Transfer Capability, 

Capacity Benefit Margins, Transmission Reliability 

Margins, Total Transfer Capability, and Existing 

Transmission Commitments and Mandatory 

Reliability Standards for the Bulk Power System, 

126 FERC ¶ 61,249 (2009) (NERC NOPR). 

TABLE 1—RELATED SERVICE BULLETINS

Embraer Service Bulletin— Revision— Dated— 

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

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

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

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

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

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

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

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

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

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

Issued in Renton, Washington, on March 

30, 2009. 

Stephen P. Boyd, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–8082 Filed 4–8–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Part 38 

[Docket No. RM05–5–013] 

Standards for Business Practices and 

Communication Protocols for Public 

Utilities 

April 3, 2009. 

AGENCY: Federal Energy Regulatory 

Commission. 

ACTION: Notice of proposed rulemaking: 

extension of time for comments. 

SUMMARY: On March 19, 2009, the 

Federal Energy Regulatory Commission 

(Commission) issued a Notice of 

Proposed Rulemaking (NOPR) 

proposing to incorporate by reference in 

its regulations at 18 CFR 38.2 the latest 

version (Version 002.1) of certain 

business practice standards adopted by 

the Wholesale Electric Quadrant of the 

North American Energy Standards 

Board (NAESB). The date for filing 

comments on the Commission’s NOPR 

is being extended at the request of the 

Electric Power Supply Association and 

the Edison Electric Institute. 

DATES: Comments on the proposed rule 

are due May 26, 2009. 

ADDRESSES: You may submit comments 

identified by Docket No. RM05–5–013, 

by one of the following methods: 

• Agency Web Site: http://ferc.gov. 

Follow the instructions for submitting 

comments via the eFiling link found in 

the Comment Procedures Section of the 

preamble of the Commission’s March 

19, 2009 NOPR. 

• Mail: Commenters unable to file 

comments electronically must mail or 

hand deliver an original and 14 copies 

of their comments to the Federal Energy 

Regulatory Commission, Secretary of the 

Commission, 888 First Street, NE., 

Washington, DC 20426. Please refer to 

the Comment Procedures Section of the 

preamble for additional information on 

how to file paper comments. 

FOR FURTHER INFORMATION CONTACT: 

Ryan M. Irwin (technical issues), Office 

of Energy Market Regulation, Federal 

Energy Regulatory Commission, 888 

First Street, NE., Washington, DC 20426, 

(202) 502–6454. 

Valerie Roth (technical issues), Office 

of Energy Market Regulation, Federal 

Energy Regulatory Commission, 888 

First Street, NE., Washington, DC 20426, 

(202) 502–8538. 

Gary D. Cohen (legal issues), Office of 

the General Counsel, Federal Energy 

Regulatory Commission, 888 First 

Street, NE., Washington, DC 20426, 

(202) 502–8321. 

SUPPLEMENTARY INFORMATION: 

Notice of Extension of Time 

On April 1, 2009, the Electric Power 

Supply Association (EPSA) and the 

Edison Electric Institute (EEI) filed a 

joint motion in the above-proceeding, 

for an extension of time to file 

comments on the Commission’s March 

19, 2009 Notice of Proposed 

Rulemaking, 74 FR 12739, Mar. 25, 2009 

which proposed to incorporate by 

reference standards developed by the 

North American Energy Standards 

Board.1 In their motion, EPSA and EEI 

request that the date for filing comments 

on the NAESB NOPR be extended to the 

date when comments are due to be filed 

on the Commission’s March 19, 2009 

NOPR addressing reliability standards 

submitted to the Commission for 

approval by the North American Electric 

Reliability Company (NERC).2 EPSA 

and EEI state that because of the 

importance of the market issues 

addressed in the NAESB NOPR and the 

NERC NOPR and because these issues 

impact each other, additional time is 

needed to adequately address both 

NOPRs and to submit responsive 

comments. 

Upon consideration, notice is hereby 

given that an extension of time for 

interested parties for filing comments on 

the NAESB NOPR is granted to and 

including May 26, 2009. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. E9–8054 Filed 4–8–09; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 589 

[Docket No. FDA–2002–N–0031] (formerly 

Docket No. 2002N–0273) 

RIN 0910–AF46 

Substances Prohibited From Use in 

Animal Food or Feed; Final Rule: 

Proposed Delay of Effective Date 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Notice of proposed delay of 

effective date. 

SUMMARY: The Food and Drug 

Administration (FDA) is seeking public 

comment on a contemplated delay of 60 

days in the effective date of the rule 

entitled ‘‘Substances Prohibited From 

Use in Animal Food or Feed,’’ 

published in the Federal Register on 


dwashington3 on PROD1PC60 with PROPOSALS