[Federal Register Volume 74, Number 185 (Friday, September 25, 2009)]
[Proposed Rules]
[Pages 48877-48882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23193]


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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 supplemental NPRM for the products 
listed above. This action revises the earlier supplemental 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 October 15, 
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 Brasileira de Aeronautica S.A. (EMBRAER), Technical 
Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170--Putim--
12227-901 S[atilde]o Jose dos Campos--SP--BRASIL; telephone: +55 12 
3927-5852 or +55 12 3309-0732; fax: +55 12 3927-7546; e-mail: 
[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 supplemental 
NPRM for the specified products, which was published in the Federal 
Register on

[[Page 48878]]

April 9, 2009 (74 FR 16154). That earlier supplemental NPRM proposed to 
require actions intended to address the unsafe condition for the 
products listed above.
    Since that supplemental NPRM was issued, we have determined that 
the compliance times specified in that earlier supplemental NPRM must 
be reduced, for the reasons provided in the comments below.

Comments

    We have considered the following comments received on the earlier 
supplemental NPRM.

Request To Reduce Compliance Times

    Embraer requests that we reduce the compliance times specified in 
paragraphs (f)(5), (f)(7), and (f)(8) of the earlier supplemental NPRM.
    Embraer recommends that the ``1,500 flight hours or 9 months'' 
compliance time specified in paragraph (f)(5) of the earlier 
supplemental NPRM be reduced to ``500 flight hours or 6 months.'' 
Embraer states that there were no reports of debris found in the engine 
anti-ice system during removal of part number (P/N) C146009-4 when the 
Brazilian AD 2006-09-03 was issued (October 30, 2006). However, Embraer 
states that now, as described in Embraer Service Newsletter (SNL) 145-
30-0022, dated December 23, 2008, it has received six reports of debris 
found in the engine anti-ice system during removal of P/N C146009-4.
    Embraer also recommends that the compliance time of ``12 months 
after the effective date of this AD'' specified in paragraph (f)(7) of 
the earlier supplemental NPRM and ``30 months after the effective date 
of this AD'' specified in paragraph (f)(8) of the earlier supplemental 
NPRM be reduced because the corresponding Brazilian AD 2006-09-03 was 
issued October 30, 2006, and the compliance time since the effective 
date of Brazilian AD 2006-09-03 has long since expired. Embraer states 
that in order to avoid the unsafe condition remaining for a period of 
time excessively higher than that foreseen in the Brazilian AD, the 
compliance times in paragraphs (f)(7) and (f)(8) of the earlier 
supplemental NPRM should be reduced.
    We agree with the request to reduce the compliance times in 
paragraphs (f)(5), (f)(7), and (f)(8) of this second supplemental NPRM. 
We contacted Embraer for clarification on the reports it received. 
Embraer stated that it received in-service data showing that the 
additional cases of debris were found in the engine anti-ice system 
(EAIS) tubes of airplanes where engine anti-ice valve (EAIV) P/N 
C146009-2 or C146009-3 was removed and replaced with P/N C146009-4 in 
accordance with the illustrated parts catalog (IPC), and special 
detailed inspections (SDIs) (borescopic inspections) of the EAIS tubes 
to detect and clear debris were not performed.
    Additional in-service data received by Embraer since the time the 
Brazilian AD was issued show that 86% of the U.S. fleet has installed 
the EAIV P/N C146009-4, replacing either P/N C146009-2 or P/N C146009-
3; therefore, these airplanes with valves installed per the IPC and 
without performing SDIs may be exposed to risk of failure of the EAIS. 
Additionally, in case of partial blockage of the EAIS tubes, the system 
logic does not check or warn the flight crew regarding insufficient 
thermal energy (unobstructed hot air flow) being sent to the engine lip 
under icing conditions.
    Therefore, based on this new information, we have reduced the 
compliance times in paragraph (f)(5) of this second supplemental NPRM 
from ``1,500 flight hours or 9 months'' to ``500 flight hours or 6 
months,'' the compliance times in paragraph (f)(7) of this second 
supplemental NPRM from ``2,500 flight hours or 12 months'' to ``1,000 
flight hours or 10 months,'' and the compliance times in paragraph 
(f)(8) of this second supplemental NPRM from ``6,000 flight hours or 30 
months'' to ``1,000 flight hours or 10 months.''
    In developing the new compliance times for this second supplemental 
NPRM, we considered not only the safety implications of the identified 
unsafe condition, but the average utilization rate of the affected 
fleet, the practical aspects of doing the actions during regular 
maintenance periods, the availability of required parts, and the time 
necessary for the rulemaking process.

Request To Allow Alternate Part Number

    Aerospace Sealants requests that we add parts manufacturer approval 
(PMA) part number (P/N) 9-C146009-4 to the supplemental NPRM as an 
alternative to Embraer P/N C146009-4. The commenter adds that PMA 
approval PQ3886CE, dated January 3, 2008, is for Aerospace Sealants P/N 
9-C146009-4. The commenter notes that the Aerospace Sealants part is 
the only FAA-approved alternative product to P/N C146009-4.
    We disagree with adding the PMA part number to this AD. Whether an 
alternative part is ``equivalent'' in adequately resolving the unsafe 
condition can only be determined on a case-by-case basis based on a 
complete understanding of the unsafe condition. The commenter did not 
provide justification that the identified unsafe condition has been 
mitigated, and that an acceptable level of safety is maintained with 
the PMA part.
    We have determined that an unsafe condition exists and that 
installation of Embraer P/N C146009-4 specified in paragraph (f) of 
this AD must be accomplished to ensure continued safety. As provided by 
paragraph (g)(1) of this AD, any person may request an AMOC if data are 
submitted to demonstrate that using P/N 9-C146009-4 would provide an 
acceptable level of safety. This is necessary so that we can make a 
specific determination that an alternative part is or is not 
susceptible to the same unsafe condition. Therefore, no change has been 
made to the second supplemental NPRM in this regard.

Request for Clarification of Paragraph (f) of the Supplemental NPRM

    Embraer requests that we clarify paragraph (f) of the earlier 
supplemental NPRM by revising the wording at several locations.
    For paragraphs (f)(1)(i), (f)(1)(ii), and (f)(1)(iii) of the 
earlier supplemental NPRM, Embraer requests that we revise the wording 
``If any [engine] anti-ice system valve with P/N * * * is found * * *'' 
with the wording ``For engine anti-ice system valves with P/N * * *, '' 
to avoid the possibility of an engine anti-ice system not being 
inspected due to the existence of a valve with a different part number 
on the opposite engine anti-ice system.
    We agree for the reason provided by the commenter. We have revised 
paragraphs (f)(1)(i), (f)(1)(ii), and (f)(1)(iii) of this second 
supplemental NPRM accordingly.
    For paragraph (f)(1)(ii)(A) of the earlier supplemental NPRM, 
Embraer requests that we replace the wording ``remove the obstruction'' 
with ``remove all obstructions.''
    We agree and have revised paragraph (f)(1)(ii)(A) of this second 
supplemental NPRM accordingly.
    For paragraph (f)(3) of the earlier supplemental NPRM, Embraer 
requests that we remove the wording ``and any damage or obstruction 
repaired.'' Embraer states that the applicable service bulletins do not 
provide instructions for repairing the valves, and therefore the 
defective valves must be replaced. Embraer also states that eliminating 
obstructions is not applicable to the valves.
    We agree for the reason provided by the commenter. We have revised

[[Page 48879]]

paragraph (f)(3) of this second supplemental NPRM accordingly.
    For paragraph (f)(4) of the earlier supplemental NPRM, Embraer 
requests that we replace the wording ``any damage or obstruction 
repaired'' with ``all obstructions removed.''
    We agree we should clarify the actions specified in paragraph 
(f)(4) of this second supplemental NPRM. The service information 
specified in this second supplemental NPRM refers to the airplane 
maintenance manuals (AMMs) for the inspection of the tubes, and the 
AMMs include procedures to remove obstructions. We have clarified 
paragraph (f)(4) of this second supplemental NPRM by replacing ``and 
any damage or obstruction repaired'' with ``and all obstructions 
removed.''
    For paragraph (f)(6) of the earlier supplemental NPRM, Embraer 
proposes that we replace ``repair any damage or obstruction'' with 
``remove any defective valve from service and remove all obstructions 
from the tubes.''
    We agree we should clarify the actions specified in paragraph 
(f)(6) of this second supplemental NPRM. The service information 
specified in this AD specifies to replace the valves if damage is 
found. Therefore, we should have clarified that the ``repair'' is 
replacing the valves. We have clarified paragraph (f)(6) of this second 
supplemental NPRM by replacing ``and any damage or obstruction 
repaired'' with ``and replace all damaged valves and remove all 
obstructions.''
    We have also clarified paragraph (f)(2)(ii) of this second 
supplemental by replacing ``or remove the obstruction'' with ``or re-
install the tube.'' The condition for the actions in paragraph 
(f)(2)(ii) of this second supplemental NPRM is ``if the valve is not 
damaged, or the tube is not obstructed.'' Therefore, there is no 
obstruction to remove and the tube may be re-installed.

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 
supplemental 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 the inspection 
specified in this proposed AD would affect about 697 products of U.S. 
registry. We also estimate that it would take about 2 work-hours per 
airplane to comply with the inspection requirements of this proposed 
AD. The average labor rate is $80 per work-hour. Based on these 
figures, we estimate the cost of the inspection specified in the 
proposed AD on U.S. operators to be $111,520, or $160 per airplane.
    We also estimated that the replacement specified in this proposed 
AD would affect up to 306 parts. We estimate that it would take about 5 
work-hours per part to comply with the replacement requirements of this 
proposed AD (some airplanes have no affected parts and other airplanes 
have either one or two affected parts). Required parts would cost 
$27,507 per part. Where the service information lists required parts 
costs that are covered under warranty, we have assumed that there will 
be no charge for these costs. As we do not control warranty coverage 
for affected parties, some parties may incur costs higher than 
estimated here. Based on these figures, we estimate the cost of the 
replacement specified in the proposed AD on U.S. operators to be 
$8,539,542, or $27,907 per part.

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.

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-

[[Page 48880]]

0083; Directorate Identifier 2006-NM-266-AD.

Comments Due Date

    (a) We must receive comments by October 15, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to 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), [if] 
the engine anti-ice system valve [is] 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 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) For engine anti-ice system valves with P/N C146009-2: No 
further action is required by paragraph (f)(1) of this AD.
    (ii) For engine anti-ice system valves with P/N C146009-3: 
Before further flight, remove the valve 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 all 
obstructions; 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) For engine anti-ice system valves with P/N C146009-4: 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 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 all 
obstructions; 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 re-
install the tube; 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 paragraphs (f)(1) and (f)(2) of this AD, must undergo a 
detailed inspection for its integrity before installation, 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 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 
paragraphs (f)(1) and (f)(2) of this AD, must undergo a special 
detailed inspection before installation, and all obstructions 
removed, 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 500 flight hours or 6 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

[[Page 48881]]

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 replace all 
damaged valves and remove all obstructions 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 the condition specified in paragraph (f)(6)(i) or 
(f)(6)(ii) of this AD has been met:
    (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.
    (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 1,000 flight hours or 10 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 1,000 flight hours or 10 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 terminating action for 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 (we have coordinated these differences with 
Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC)):

    (1) ``Part V'' of the MCAI specifies a compliance time of within 
``1,500 flight hours or 9 months.'' However, paragraph (f)(5) of 
this AD requires compliance ``within 500 flight hours or 6 months'' 
for the corresponding action.
    (2) ``Part VII'' of the MCAI specifies a compliance time of 
``within 2,500 flight hours or 12 months.'' However, paragraph 
(f)(7) of this AD requires compliance ``within 1,000 flight hours or 
10 months'' for the corresponding action.
    (3) ``Part VIII'' of the MCAI specifies a compliance time of 
``within 6,000 flight hours or 30 months.'' However, paragraph 
(f)(8) of this AD requires compliance ``within 1,000 flight hours or 
10 months'' for the corresponding action.

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 the service bulletins listed in Table 
1 of this AD; for related information.

                                       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[dash]30[dash]0049..................  Original..................  June 28, 2006.
145[dash]30[dash]0049..................  01........................  October 19, 2006.
145LEG[dash]30[dash]0016...............  Original..................  June 28, 2006.
145LEG[dash]30[dash]0016...............  01........................  February 5, 2007.

[[Page 48882]]

 
145LEG[dash]30-0018....................  02........................  December 12, 2006.
145LEG[dash]30-0018....................  03........................  May 14, 2008.
----------------------------------------------------------------------------------------------------------------


    Issued in Renton, Washington, on September 16, 2009.
Ali Baharami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-23193 Filed 9-24-09; 8:45 am]
BILLING CODE 4910-13-P