[Federal Register: October 25, 2007 (Volume 72, Number 206)]
[Proposed Rules]
[Page 60595-60598]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25oc07-24]
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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]
BILLING CODE 4910-13-P