[Federal Register Volume 78, Number 163 (Thursday, August 22, 2013)]
[Notices]
[Pages 52233-52234]
[FR Doc No: 2013-20451]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket Nos. FMCSA-2008-0362 and FMCSA-2006-26367]

Motor Carrier Safety Advisory Committee (MCSAC) and Medical
Review Board (MRB): Public Meetings

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Announcement of advisory committee public meetings.

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SUMMARY: FMCSA announces a joint meeting of its Motor Carrier Safety
Advisory Committee (MCSAC) and Medical Review Board (MRB) on September
9-10, 2013. MCSAC and the MRB will identify ideas and concepts the
Agency should consider in reviewing the current hours of service
requirements for drivers of passenger-carrying vehicles. This will
enable MCSAC to complete its deliberations on Task 11-6 concerning
hours-of-service (HOS) requirements for drivers of passenger-carrying
vehicles. The committees will receive briefings on fatigue research on
motorcoach drivers, and the North American Fatigue Management Program.
On the afternoon of September 10, the committees will receive briefings
on Schedule II medications. On Wednesday, September 11, MCSAC's
Compliance, Safety and Accountability (CSA) subcommittee will convene.
Also on Wednesday, September 11, the MRB will meet separately to
discuss ideas and concepts the Agency should consider for gathering
additional information about Schedule II medications and their effect
on CMV drivers' ability to operate safely. Meetings are open to the
public for their entirety and there will be a public comment period at
the end of each day.

TIMES AND DATES: The joint meeting will be held Monday-Tuesday,
September 9-10, 2013, from 9 a.m. to 4:30 p.m., Eastern Daylight Time
(EDT), at the Hilton Alexandria Old Town, 1767 King Street, Alexandria,
VA 22314 in the Washington and Jefferson Rooms on the 2nd floor. On
Wednesday, September 11, 2013, the CSA subcommittee will meet at that
same location and the MRB will meet across the street at the Embassy
Suites Hotel, 1900 Diagonal Road, Alexandria, VA 22314 in the Mason
Room on the Mezzanine level. Both meetings will take place from 9 a.m.
to 4:30 p.m., EDT. Copies of all MRB and MCSAC Task Statements and an
agenda for the entire meeting will be made available in advance of the
meeting at http://mrb.fmcsa.dot.gov and http://mcsac.fmcsa.dot.gov.

FOR FURTHER INFORMATION CONTACT: Ms. Shannon L. Watson, Senior Advisor
to the Associate Administrator for Policy, Federal Motor Carrier Safety
Administration, U.S. Department of Transportation, 1200 New Jersey
Avenue SE., Washington, DC 20590,<PHONE_NUMBER><EMAIL_ADDRESS>
Services for Individuals With Disabilities

    For information on facilities or services for individuals with
disabilities or to request special assistance at the meeting, contact
Elizabeth Turner at<PHONE_NUMBER><EMAIL_ADDRESS>by
Friday, August 30, 2013.

SUPPLEMENTARY INFORMATION:

I. Background

MCSAC

    Section 4144 of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (SAFETEA-LU, Pub. L. 109-
59, 119 Stat. 1144, August

10, 2005) required the Secretary of Transportation to establish the
MCSAC. MCSAC provides advice and recommendations to the FMCSA
Administrator on motor carrier safety programs and regulations, and
operates in accordance with the Federal Advisory Committee Act (FACA, 5
U.S.C. App 2).

MRB

    The MRB is comprised of five medical experts who each serve 2-year
terms. Section 4116 of SAFETEA-LU requires the Secretary of
Transportation, with the advice of the MRB and the chief medical
examiner, to establish, review, and revise ``medical standards for
operators of commercial motor vehicles that will ensure that the
physical condition of operators of commercial motor vehicles is
adequate to enable them to operate the vehicles safely.'' The MRB
operates in accordance with FACA, as announced in the Federal Register
(70 FR 57642, October 3, 2005).

II. Meeting Participation

    Oral comments from the public will be heard during the last half-
hour of the meetings each day. Should all public comments be exhausted
prior to the end of the specified period, the comment period will
close. Members of the public may submit written comments on the topics
to be considered during the meeting by Friday, August 30, 2013, to
Federal Docket Management System (FDMC) Docket Number FMCSA-2008-0362
for the MRB and FMCSA-2006-26367 for the MCSAC using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building, Room W12-
140, Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, 1200 New
Jersey Avenue SE., Room W12-140, Washington, DC, between 9 a.m. and 5
p.m., ET, Monday through Friday, except Federal holidays.

    Issued on: August 16, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-20451 Filed 8-21-13; 8:45 am]
BILLING CODE P


[Federal Register: September 25, 2009 (Volume 74, Number 185)]
[Proposed Rules]
[Page 48877-48882]
[DOCID:fr25se09-23]

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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:<PHONE_NUMBER>.
     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_ADDRESS>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<PHONE_NUMBER> or<PHONE_NUMBER>.

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<PHONE_NUMBER>)) 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<PHONE_NUMBER>.

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

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

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-

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

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<PHONE_NUMBER>; fax<PHONE_NUMBER>. 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.

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


Lydia Wegman/RTP/USEPA/US

06/20/2007 12:40 PM

To

<EMAIL_ADDRESS><EMAIL_ADDRESS> cc

<EMAIL_ADDRESS> Subject

Ozone NAAQS inserts

Amy and Art,

Here are the inserts that Bob asked me to send to you.  Since he is in meetings for the next several hours, please let me know if you have comments and want to talk to him and I will get hold of him.