[Federal Register: April 9, 2009 (Volume 74, Number 67)]
[Proposed Rules]
[Page 16154-16160]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09ap09-16]
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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:
distrib@embraer.com.br; Internet: http://www.flyembraer.com. You may
review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at the
FAA, call 425-227-1221 or 425-227-1152.
Examining the AD Docket
You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone (800) 647-5527) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1405; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2007-0083;
Directorate Identifier 2006-NM-266-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
We proposed to amend 14 CFR part 39 with an earlier NPRM for the
specified products, which was published in the Federal Register on
October 25, 2007 (72 FR 60595). That earlier NPRM proposed to require
actions intended to address the unsafe condition for the products
listed above.
Since the earlier NPRM was issued, we have determined that the
procedures specified in paragraphs (f)(5)(ii), (f)(6)(i), (f)(6)(ii),
(f)(7), and (f)(8) of the earlier NPRM need to be revised for the
reasons cited in our response to the comment submitted by American
Eagle Airlines below. The earlier NPRM corresponds to Brazilian
Airworthiness Directive 2006-09-03R1, effective January 4, 2007
(referred to after this as ``the MCAI''). The MCAI describes procedures
for inspecting the engine anti-icing system valves and tubes to detect
damage and, if necessary, replacing the anti-icing system valves. You
may obtain further information by examining the MCAI in the AD docket.
Comments
We have considered the following comments received on the earlier
NPRM.
Request To Clarify if Earlier NPRM Will be Delayed Due to a Malfunction
Related to Part Number (P/N) C146009-4
American Eagle Airlines, Inc. states that it has experienced
malfunctions of the engine anti-ice valve (EAIV) P/N C146009-4
installed during accomplishment of Embraer Service Bulletin 145-30-
0044, Revision 03, dated December 12, 2006; and Embraer Service
Bulletin 145-30-0049, Revision 01, dated October 19, 2006. These
service bulletins are cited in the earlier NPRM as appropriate sources
of service information for replacing the EAIV. The commenter asks if
implementing the earlier NPRM will be delayed until the current
problems with the P/N C146009-4 valve are identified and corrected.
We have determined that the reported malfunctions and failure of
the EAIV P/N C146009-4 are due to piston rib breakage found in the EAIV
(P/N C146009-2/-3 reworked to C146009-4) reworked in accordance with
one of the service bulletins in the following table.
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Embraer Service Bulletin Revision Date
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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.
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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