[Federal Register Volume 74, Number 67 (Thursday, April 9, 2009)]
[Proposed Rules]
[Pages 16154-16160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8082]


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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.

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of 
comment period.

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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

[[Page 16155]]

Brasileira de Aeronautica S.A. (EMBRAER), Technical Publications 
Section (PC 060), Av. Brigadeiro Faria Lima, 2170--Putim--12227-901 
Sa[atilde]o Jose dos Campos--SP--BRASIL; telephone: +55 12 3927-5852 or 
+55 12 3309-0732; fax: +55 12 3927-7546; e-mail: 
[email protected]; 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

[[Page 16156]]

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;

[[Page 16157]]

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.

[[Page 16158]]

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 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 (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, 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 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, 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: Re-install 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

[[Page 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 anti-ice 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.

[[Page 16160]]



                                       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