[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
________________________________________________________________________
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.
========================================================================
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