[Federal Register Volume 78, Number 217 (Friday, November 8, 2013)]
[Rules and Regulations]
[Pages 67018-67020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-26474]
[[Page 67018]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2013-0936; Directorate Identifier 2013-CE-033-AD;
Amendment 39-17652; AD 2013-22-20]
RIN 2120-AA64
Airworthiness Directives; Embraer S.A. Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: We are adopting a new airworthiness directive (AD) for Embraer
S.A. Model EMB-505 airplanes. This AD results from mandatory continuing
airworthiness information (MCAI) issued by the aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as cracking
in the stator pressure plate of the brake assembly, which may lead to
loss of brake parts on the runway and reduced brake capability with
possible runway excursion. We are issuing this AD to require actions to
address the unsafe condition on these products.
DATES: This AD is effective November 8, 2013.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of November 8,
2013.
We must receive comments on this AD by December 23, 2013.
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 W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
For service information identified in this AD, contact EMBRAER
S.A., Phenom Maintenance Support, Avenida Brigadeiro Faria Lima, 2170,
Putim, CEP: 12227-901, Sao Jose dos Campos, Sao Paulo, Brasil; phone:
(+55 12) 3927-1000; Fax: (+55 12) 3927-6600, Ext. 1448; email:
[email protected]: Internet: http://www.embraerexecutivejets.com/en-US/customer-support/Pages/Service-Center-Network.aspx. You may review copies of the referenced service
information at the FAA, Small Airplane Directorate, 901 Locust, Kansas
City, Missouri 64106. For information on the availability of this
material at the FAA, call (816) 329-4148.
Examining the AD Docket
You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket 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: Jim Rutherford, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone: (816) 329-4165; fax: (816) 329-4090; email:
[email protected].
SUPPLEMENTARY INFORMATION:
Discussion
The Agencia Nacional De Aviacoa Civil (ANAC), which is the aviation
authority for Brazil, has issued emergency AD No.: 2013-09-01, dated
September 26, 2013 (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 cracks in the stator
pressure plate of the brake assembly of the airplane, which may lead
to loss of brake parts in the runway, and to a reduced airplane
brake capability with possible runway excursion event. Since this
condition may occur in other airplanes of the same type and affects
flight safety, an immediate corrective action is required. Thus,
sufficient reason exists to request compliance with this EAD in the
indicated time limit without prior notice.
The MCAI requires an inspection to determine if the airplane has the
affected part number (P/N) brake assembly installed and inspection for
cracks of the affected brake assembly with repair or replacement as
necessary. You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating it in Docket No. FAA-
2013-0936.
Relevant Service Information
Embraer S.A. has issued Phenom Alert Service Bulletin No. 505-32-
A011, dated September 13, 2013. The actions described in this service
information are intended to correct the unsafe condition identified in
the MCAI.
FAA's Determination and Requirements of the 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 this State of Design Authority, they
have notified us of the unsafe condition described in the MCAI and
service information referenced above. We are issuing this AD because we
evaluated all information provided by the State of Design Authority and
determined the unsafe condition exists and is likely to exist or
develop on other products of the same type design.
FAA's Determination of the Effective Date
An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because
cracking of the stator pressure plate of the brake assembly could lead
to loss of brake parts on the runway, which could result in reduced
brake capability with a possible runway excursion. Therefore, we
determined that notice and opportunity for public comment before
issuing this AD are impracticable and that good cause exists for making
this amendment effective in fewer than 30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2013-0936; Directorate
Identifier 2013-CE-033-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD because of
those comments.
We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
[[Page 67019]]
will also post a report summarizing each substantive verbal contact we
receive about this AD.
Costs of Compliance
We estimate that this AD will affect 88 products of U.S. registry.
We also estimate that it would take about 2 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour.
Based on these figures, we estimate the cost of the AD on U.S.
operators to be $14,960, or $170 per product.
In addition, we estimate that any necessary follow-on actions would
take about 1 work-hour and require parts costing $2,324, for a cost of
$2,409 per product for repair; or 3 work-hours and require parts
costing $25,187, for a cost of $25,442 per product for brake assembly
replacement. We have no way of determining the number of products that
may need these actions.
According to the manufacturer, all of the costs of this AD may be
covered under warranty, thereby reducing the cost impact on affected
individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.
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 AD will not have federalism implications
under Executive Order 13132. This AD will 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 that this AD:
(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),
(3) Will not affect intrastate aviation in Alaska, and
(4) 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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 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]
0
2. The FAA amends Sec. 39.13 by adding the following new AD:
2013-22-20 Embraer--Empresa Brasileira de Aeronautica S.A.:
Amendment 39-17652; Docket No. FAA-2013-0936; Directorate Identifier
2013-CE-033-AD.
(a) Effective Date
This airworthiness directive (AD) becomes effective November 8,
2013.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Embraer S.A. Models EMB-505 airplanes, all
serial numbers, that are:
(1) Equipped with a part number (P/N) DAP00097-01 or P/N
DAP00097-02 brake assembly; and
(2) certificated in any category.
(d) Subject
Air Transport Association of America (ATA) Code 32: Landing
Gear.
(e) Reason
This AD was prompted by mandatory continuing airworthiness
information (MCAI) issued by the aviation authority of another
country to identify and correct an unsafe condition on an aviation
product. The MCAI describes the unsafe condition as cracking in the
stator pressure plate of the brake assembly, which may lead to loss
of brake parts on the runway. We are issuing this AD to detect and
correct cracking of the stator pressure plate and possible loss of
brake parts on the runway, which could result in reduced brake
capability and a possible runway excursion.
(f) Actions and Compliance
Unless already done, do the following actions in paragraphs
(f)(1) through (f)(9) of this AD, including all subparagraphs.
(1) If the number of cycles is unknown, calculate the compliance
times of cycles in this AD by using hours time-in-service (TIS).
Multiply the number of hours TIS on the brake assembly by .71 to
come up with the number of cycles. For the purposes of this AD some
examples are below:
(i) 500 hours TIS equates to 355 cycles; and
(ii) 12 hours equates to 9 cycles.
(2) Do a general visual inspection (GVI) for cracks in the
stator pressure plate on both the left hand (LH) and right hand (RH)
brake assemblies following the Accomplishment Instructions in
Embraer Phenom Alert Service Bulletin No. 505-32-A011, dated
September 13, 2013. Use the compliance times in paragraphs (f)(2)(i)
and (f)(2)(ii):
(i) For brake assemblies with 300 flight cycles or less since
new or since the last overhaul: Before or upon accumulating 150
flight cycles or within the next 30 flight cycles, whichever occurs
later, and repetitively thereafter at intervals not to exceed 60
flight cycles or the next tire change, whichever occurs first.
(ii) For brake assemblies with more than 300 flight cycles since
new or since the last overhaul: Within the next 10 flight cycles and
repetitively thereafter at intervals not to exceed 60 flight cycles
or the next tire change, whichever occurs first.
(3) If no cracks are found during any of the inspections
required in paragraph (f)(2) of this AD, continue the repetitive
inspection intervals required in paragraph (f)(2) of this AD,
including all subparagraphs.
(4) If during any of the inspections required in paragraph
(f)(2) of this AD, including all subparagraphs, any crack is found
in the stator pressure plate, before further flight, do a detailed
inspection (DET) following the Accomplishment Instructions in
Embraer Phenom Alert Service Bulletin No. 505-32-A011, dated
September 13, 2013.
(5) If no cracks beyond the acceptable limits are found during
the DET required in paragraph (f)(4) of this AD, continue the
repetitive inspection intervals required in paragraph (f)(2) in this
AD, including all subparagraphs.
(6) If cracks that exceed the acceptable limits are found during
the DET required in paragraph (f)(4) of this AD, before further
flight, repair the brake assembly following Appendix 2 of Embraer
Phenom Alert Service Bulletin No. 505-32-A011, dated September 13,
2013; or replace the brake assembly with a brake assembly that has
been inspected and found free of cracks that exceed the acceptable
limits following the Accomplish Instructions of Embraer Phenom Alert
Service Bulletin No. 505-32-A011, dated September 13, 2013. After
repair or replacement of the brake assembly, the brake assembly is
subject to the inspections required in paragraphs (f)(2), including
all subparagraphs, of this AD.
[[Page 67020]]
Note 1 to paragraph (f)(6) of this AD: Appendix 2 of Embraer
Phenom Alert Service Bulletin No. 505-32-A011, dated September 13,
2013, includes Meggitt Aircraft Braking System Service Bulletin No.
SB-32-1625, dated September 13, 2013.
(7) For the purposes of this AD, a GVI 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 enhance visual access to all exposed
surfaces in the inspection area. This level of inspection is made
under normally available lighting conditions such as daylight,
hangar lighting, flashlight, or drop-light. It 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.
(8) For the purposes of this AD, a DET 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 mirrors, magnifying
lenses, etc., may be necessary. Surface cleaning and elaborate
access procedures may be required.
(9) After the effective the date of this AD, do not install on
any airplane a brake assembly P/N DAP00097-01 or P/N DAP00097-02
unless it is inspected per the requirements of this AD and continues
to be crack free or the cracks do not exceed the allowable limits.
(g) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, 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: Jim Rutherford, Aerospace Engineer, FAA, Small
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone: (816) 329-4165; fax: (816) 329-4090; email:
[email protected]. 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, a federal agency may not conduct or sponsor, and a person
is not required to respond to, nor shall a person be subject to a
penalty for failure to comply with a collection of information
subject to the requirements of the Paperwork Reduction Act unless
that collection of information displays a current valid OMB Control
Number. The OMB Control Number for this information collection is
2120-0056. Public reporting for this collection of information is
estimated to be approximately 5 minutes per response, including the
time for reviewing instructions, completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Comments concerning the accuracy of this
burden and suggestions for reducing the burden should be directed to
the FAA at: 800 Independence Ave. SW., Washington, DC 20591, Attn:
Information Collection Clearance Officer, AES-200.
(h) Related Information
Refer to MCAI Agencia Nacional De Aviacoa Civil (ANAC) AD No.:
2013-09-01, dated September 26, 2013, for related information. You
may examine the MCAI on the Internet at http://www.regulations.gov
by searching for and locating it in Docket No. FAA-2013-0936.
(i) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
(i) Embraer Phenom Alert Service Bulletin No. 505-32-A011, dated
September 13, 2013.
(ii) Reserved.
(3) For service information identified in this AD, contact
EMBRAER S.A., Phenom Maintenance Support, Avenida Brigadeiro Faria
Lima, 2170, Putim, CEP: 12227-901, Sao Jose dos Campos, Sao Paulo,
Brasil; phone: (+55 12) 3927-1000; Fax: (+55 12) 3927-6600, Ext.
1448; email: [email protected]; Internet: http://www.embraerexecutivejets.com/en-US/customer-support/Pages/Service-Center-Network.aspx.
(4) You may review copies of the referenced service information
at the FAA, Small Airplane Directorate, 901 Locust, Kansas City,
Missouri 64106. For information on the availability of this material
at the FAA, call (816) 329-4148.
(5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Kansas City, Missouri, on October 30, 2013.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2013-26474 Filed 11-7-13; 8:45 am]
BILLING CODE 4910-13-P