[Federal Register Volume 72, Number 206 (Thursday, October 25, 2007)]
[Proposed Rules]
[Pages 60595-60598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-21002]


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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.

[[Page 60596]]


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. 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 November 26, 
2007.

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.

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: 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 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

    The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC), 
which is the aviation authority for Brazil, has issued Brazilian 
Airworthiness Directive 2006-09-03R1, effective January 4, 2007 
(referred to after this as ``the MCAI''), to correct an unsafe 
condition for the specified products. The 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 MCAI requires inspection of the engine anti-icing system valves 
and tubes to detect damage and, if necessary, replacement of the anti-
icing system valves. You may obtain further information by examining 
the MCAI in the AD docket.

Relevant Service Information

    EMBRAER has issued the following service bulletins:
     145-30-0044, Revision 03, dated December 12, 2006.
     145-30-0049, Revision 01, dated October 19, 2006.
     145LEG-30-0016, Revision 01, dated February 5, 2007.
     145LEG-30-0018, Revision 02, dated December 12, 2006.
    The actions described in this service information are intended to 
correct the unsafe condition identified in the MCAI.

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 697 products of U.S. registry. We also estimate that 
it would take about 2 work-hours per product to comply with the 
requirements of this proposed AD. 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 $111,520, or $160 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

[[Page 60597]]

promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect on the States, on the relationship 
between the national Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed 
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979); 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, 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 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 November 26, 2007.

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 aircraft 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 MCAI requires inspection of the engine anti-icing system 
valves and tubes to detect damage and, if necessary, replacement of 
the 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 (left-hand) 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, Revision 01, 
dated October 19, 2006; or 145LEG-30-0016, Revision 01, dated 
February 5, 2007; as applicable.
    (A) If the valve is damaged or the tube is obstructed, as shown 
in EMBRAER Service Bulletin 145-30-0049, Revision 01, dated October 
19, 2006; or 145LEG-30-0016, Revision 01, dated February 5, 2007; as 
applicable; before further flight: Replace the valve with another 
one bearing P/N C146009-2, C146009-3, or C146009-4; or remove the 
obstruction; as applicable; in accordance with the Accomplishment 
Instructions of the applicable service bulletin.
    (B) If the valve is not damaged or the tube is not obstructed, 
re-install the valve or install another one bearing P/N C146009-2, 
C146009-3, or C146009-4; or re-install the tube; in accordance with 
the Accomplishment Instructions of the applicable service bulletin.
    (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 anti-ice 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, Revision 01, dated October 19, 
2006; or 145LEG-30-0016, Revision 01, dated February 5, 2007; as 
applicable; accomplishing paragraphs (f)(2)(i) and (f)(2)(ii) of 
this AD.
    (i) If the valve is damaged or the tube is obstructed, as shown 
in EMBRAER Service Bulletin 145-30-0049, Revision 01, dated October 
19, 2006; or 145LEG-30-0016, Revision 01, dated February 5, 2007; as 
applicable; before further flight: Replace the valve with another 
one bearing P/N C146009-2, C146009-3, or C146009-4; or remove the 
obstruction; as applicable; in accordance with the Accomplishment 
Instructions of the applicable service bulletin.
    (ii) If the valve is not damaged, and the tube is not 
obstructed, before further flight: Re-install the valve or install 
another one 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, 
Revision 01, dated October 19, 2006; or 145LEG-30-0016, 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, Revision 01, dated October 19, 2006; or 145LEG-30-0016, 
Revision 01, dated February 5, 2007; as applicable; and additionally 
adhere to paragraphs (f)(3)(i) and (f)(3)(ii) of this AD.
    (i) If the valve is damaged, replace it by another one bearing 
P/N C146009-2, C146009-3, or C146009-4; in accordance with the 
Accomplishment Instructions of the applicable service bulletin.

[[Page 60598]]

    (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 aircraft 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, 
Revision 01, dated October 19, 2006; or 145LEG-30-0016, 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, or Revision 03, dated December 12, 2006; or 
145LEG-30-0018, Revision 02, dated December 12, 2006; as applicable; 
no further action is required by this AD.
    (ii) 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; 145LEG-30-0018, 
dated June 26, 2006; or 145LEG-30-0018, Revision 01, dated September 
25, 2006; as applicable; carry out a special detailed inspection in 
the corresponding engine anti-ice system tubes, and repair any 
damage or remove any obstruction; according to the detailed 
instructions and procedures described in EMBRAER Service Bulletin 
145-30-0049, Revision 01, dated October 19, 2006; or 145LEG-30-0016, 
Revision 01, dated February 5, 2007; as applicable.
    (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, 
Revision 01, dated October 19, 2006; or 145LEG-30-0016, Revision 01, 
dated February 5, 2007; as applicable; 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, Revision 03, dated December 
12, 2006; or 145LEG-30-0018, dated June 26, 2006; or 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, or Revision 02, dated September 25, 2006; or 145LEG-30-0018, 
Revision 02, dated December 12, 2006; 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, or Revision 03, dated December 12, 2006; or 
145LEG-30-0018, Revision 02, dated December 12, 2006; 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, or Revision 03, dated December 12, 2006; or 
145LEG-30-0018, Revision 02, dated December 12, 2006; as applicable.
    (9) 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, or 
Revision 03, dated December 12, 2006; or 145LEG-30-0018, Revision 
02, dated December 12, 2006; 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: 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: Todd 
Thompson, Aerospace Engineer, International Branch, ANM-116, 
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, 
Washington 98057-3356; telephone (425) 227-1175; fax (425) 227-1149. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your appropriate principal inspector (PI) in the FAA 
Flight Standards District Office (FSDO), or lacking a PI, your local 
FSDO.
    (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 MCAI Brazilian Airworthiness Directive 2006-09-
03R1, effective January 4, 2007; and EMBRAER Service Bulletins 145-
30-0044, Revision 03, dated December 12, 2006; 145-30-0049, Revision 
01, dated October 19, 2006; 145LEG-30-0016, Revision 01, dated 
February 5, 2007; and 145LEG-30-0018, Revision 02, dated December 
12, 2006; for related information.

    Issued in Renton, Washington, on October 15, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E7-21002 Filed 10-24-07; 8:45 am]
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