[Federal Register Volume 79, Number 118 (Thursday, June 19, 2014)]
[Proposed Rules]
[Pages 35099-35101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-14324]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 79, No. 118 / Thursday, June 19, 2014 / 
Proposed Rules  

[[Page 35099]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0390; Directorate Identifier 2014-CE-013-AD]
RIN 2120-AA64


Airworthiness Directives; Embraer S.A. Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
Embraer S.A. Model EMB-505 airplanes that would supersede AD 2013-22-
20. 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 cracks beyond 
acceptable limits in the carbon discs of the left hand (LH) and right 
hand (RH) brake assemblies. We are issuing this proposed AD to require 
actions to address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by August 4, 2014.

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 proposed AD, contact 
EMBRAER S.A., Phenom Maintenance Support, Avenida Brigadeiro Faria 
Lima, 2170, S[atilde]o Jos[eacute] dos Campos--SP, CEP: 12227-901--PO 
Box: 36/2, Brasil; telephone: (+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 by searching for and locating Docket No. FAA-2014-
0390; 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 proposed 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:

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-2014-0390; 
Directorate Identifier 2014-CE-013-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 because of those comments.
    We will post all comments we receive, without change, to http://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

    On October 30, 2013, we issued AD 2013-22-20, Amendment 39-17652 
(78 FR 67018; November 8, 2013). That AD required actions intended to 
address an unsafe condition on Embraer S.A. Model EMB-505 airplanes and 
was based on mandatory continuing airworthiness information (MCAI) 
originated by an aviation authority of another country.
    Since we issued AD 2013-22-20, Amendment 39-17652 (78 FR 67018; 
November 8, 2013), new service information was published that revised 
inspection and repair procedures.
    The Ag[ecirc]ncia Nacional De Avia[ccedil][atilde]o Civil (ANAC), 
which is the aviation authority for Brazil, issued AD No.: 2014-04-01, 
dated April 16, 2014 (referred to after this as ``the MCAI''), to 
correct an unsafe condition for the specified products. The MCAI 
states:

    This AD was prompted by reports that identified additional 
locations where inspections and corrective actions on the Left Hand 
(LH) and Right Hand (RH) brake assemblies are needed. We are issuing 
this AD to detect cracks beyond acceptable limit in the carbon discs 
of the brake assembly, which may result in reduced brake capability 
and loss of brake parts in the runway.
    Since this condition may occur in other airplanes of the same 
type and affects flight safety, a corrective action is required. 
Thus, sufficient reason exists to request compliance with this AD in 
the indicated time limit without prior notice.

The MCAI requires an inspection to determine if the airplane has the 
affected part number brake assembly installed and an 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 Docket No. FAA-2014-
0390.

Relevant Service Information

    Embraer S.A. has issued Phenom Service Bulletin No. 505-32-0011,

[[Page 35100]]

Revision No. 1, dated March 31, 2014. 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 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 this State of Design Authority, they 
have notified us of the unsafe condition described in the MCAI and 
service information referenced above. We are proposing this AD because 
we evaluated all information and determined the unsafe condition exists 
and is likely to exist or develop on other products of the same type 
design.

Costs of Compliance

    We estimate that this proposed AD will affect 117 products of U.S. 
registry. We also estimate that it would take about 2 work-hours per 
product to comply with Part 1 of the inspection and 3 work-hours per 
product to comply with Part 2 of the inspection requirements of this 
proposed AD. The average labor rate is $85 per work-hour. Based on 
these figures, we estimate the cost of the proposed AD on U.S. 
operators to be $19,890, or $170 per product for Part 1 of the 
inspection, and $29,835, or $255 per product for Part 2 of the 
inspection.
    In addition, we estimate that any necessary follow-on actions would 
take 1.5 work-hours and require parts costing $2,405, for a cost of 
$2532.50 per product per side for repair or 3 work-hours and require 
parts costing $26,177, for a cost of $26,432 per product per side for 
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 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),
    (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.

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

0
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. Amend Sec.  39.13 by removing Amendment 39-17652 (78 FR 67018; 
November 8, 2013), and adding the following new AD:

Embraer S.A.: Docket No. FAA-2014-0390; Directorate Identifier 2014-
CE-013-AD.

(a) Comments Due Date

    We must receive comments by August 4, 2014.

(b) Affected ADs

    This AD supersedes AD 2013-22-20, Amendment 39-17652 (78 FR 
67018; November 8, 2013).

(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) 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 cracks beyond 
acceptable limits in the carbon discs of the left hand (LH) and 
right hand (RH) brake assemblies. 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)(14) of this AD, including all subparagraphs.
    (1) If the number of cycles is unknown, calculate the compliance 
times of cycles in this AD by multiplying the number of hours time-
in-service (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 LH and RH brake assemblies 
following Part 1 of the Accomplishment Instructions in Embraer 
Phenom Service Bulletin No. 505-32-0011, Revision 01, dated March 
31, 2014. Use the compliance times in paragraphs (f)(2)(i) and 
(f)(2)(ii) of this AD:
    (i) For brake assemblies with 300 flight cycles or less since 
new or since the last overhaul: Before or upon accumulating 150 
flight cycles after the effective date of this AD or within the next 
30 flight cycles after the effective date of this AD, 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 
after the effective date of this AD, 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

[[Page 35101]]

this AD, continue the repetitive inspection intervals required in 
paragraph (f)(2) of this AD, including all subparagraphs.
    (4) If any crack is found in the stator pressure plate during 
any of the inspections required in paragraph (f)(2) of this AD, 
before further flight, do a detailed inspection (DET) following Part 
1 of the Accomplishment Instructions in Embraer Phenom Service 
Bulletin No. 505-32-0011, Revision 01, dated March 31, 2014.
    (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) of 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 Service Bulletin No. 505-32-0011, Revision 01, dated March 
31, 2014; 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 Accomplishment Instructions of 
Embraer Phenom Service Bulletin No. 505-32-0011, Revision 01, dated 
March 31, 2014.

    Note 1 to paragraph (f)(6) of this AD:  Appendix 2 of Embraer 
Phenom Service Bulletin No. 505-32-0011, Revision 01, dated March 
31, 2014, includes Meggitt Aircraft Braking System Service Bulletin 
No. SB-32-1625, Revision A, dated October 17, 2013.

    (7) At the next tire change or 30 days after the effective date 
of this AD, whichever occurs later, do a DET for cracks on the 
external visible surface of the thrust stator, double stator, and 
rotors following Part 2 of the Accomplishment Instructions in 
Embraer Phenom Service Bulletin No. 505-32-0011, Revision 01, dated 
March 31, 2014.
    (8) If no crack is detected or if any crack within the 
acceptable limits shown in Figure 4 Detail G of Embraer Phenom 
Service Bulletin No. 505-32-0011, Revision 01, dated March 31, 2014, 
is detected in the inspection required in paragraph (f)(7) of this 
AD, repeat the inspection required by paragraph (f)(7) of this AD at 
each tire change or at each maintenance action that requires wheel 
removal, whichever occurs first.
    (9) If any crack within the acceptable limits shown in Figure 4 
Detail H of Embraer Phenom Service Bulletin No. 505-32-0011, 
Revision 01, dated March 31, 2014, is detected in the inspection 
required in paragraph (f)(7) of this AD, the affected brake assembly 
must be replaced within 40 flight cycles.
    (10) If any crack beyond the acceptable limits shown in Figure 4 
Detail H of Embraer Phenom Service Bulletin No. 505-32-0011, 
Revision 01, dated March 31, 2014, is detected, the affected brake 
assembly must be replaced before the next flight.
    (11) After any repair or replacement of the brake assembly, the 
brake assembly P/N DAP00097-01 or P/N DAP00097-02 is subject to the 
inspections required in paragraphs (f)(2) through (f)(10), including 
all subparagraphs, of this AD.
    (12) 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.
    (13) 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.
    (14) As of November 8, 2013 (the effective the date of AD 2013-
22-20) and to the effective 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 AD 2013-22-20 and continues 
to be crack free or the cracks do not exceed the allowable limits; 
and as of the effective 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) Credit for Actions Done Following Previous Service Information

    This AD provides credit for the inspections required in 
paragraphs (f)(2) and (f)(6) of this AD, if those actions were 
performed before the effective date of this AD, using Embraer Alert 
Service Bulletin (ASB) 505-32-A011, original issue, dated September 
13, 2013; Embraer Alert Service Bulletin (ASB) 505-32-A011, Revision 
01, dated November 01, 2013; Embraer Alert Service Bulletin (ASB) 
505-32-A011, Revision 02, dated December 19, 2013; or Embraer Phenom 
Service Bulletin No. 505-32-0011, original issue, dated February 11, 
2014.

(h) 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.

(i) Related Information

    Refer to MCAI Ag[ecirc]ncia Nacional De Avia[ccedil][atilde]o 
Civil (ANAC) AD No.: 2014-04-01, dated April 16, 2014, for related 
information. You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-
2014-0390. For service information related to this AD, contact 
EMBRAER S.A., Phenom Maintenance Support, Avenida Brigadeiro Faria 
Lima, 2170, S[atilde]o Jos[eacute] dos Campos--SP, CEP: 12227-901--
PO Box: 36/2, Brasil; telephone: (+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.

    Issued in Kansas City, Missouri, on June 12, 2014.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2014-14324 Filed 6-18-14; 8:45 am]
BILLING CODE 4910-13-P