[Federal Register Volume 78, Number 217 (Friday, November 8, 2013)]
[Rules and Regulations]
[Pages 67018-67020]
From the Federal Register Online via the Government Printing 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: 
phenom.reliability@embraer.com.br: 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: 
jim.rutherford@faa.gov.

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: 
jim.rutherford@faa.gov. 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: phenom.reliability@embraer.com.br; 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