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[Federal Register Volume 79, Number 180 (Wednesday, September 17, 2014)]
[Rules and Regulations]
[Pages 55604-55606]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-21913]

[[Page 55604]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0390; Directorate Identifier 2014-CE-013-AD; 
Amendment 39-17969; AD 2014-19-01]
RIN 2120-AA64

Airworthiness Directives; Embraer S.A. Airplanes

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

ACTION: Final rule.

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SUMMARY: We are superseding an airworthiness directive (AD) 2013-22-20 
for Embraer S.A. Model EMB-505 airplanes. This AD results from 
mandatory continuing airworthiness information (MCAI) issued 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 require actions to address the unsafe condition on these 
products.

DATES: This AD is effective October 22, 2014.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of October 22, 
2014.

ADDRESSES: 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, U.S. Department 
of Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.
    For service information identified in 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: phenom.reliability@embraer.com.br; Internet: http://www.embraerexecutivejets.com/en-US/customer-support/Pages/Service-Center-Network.aspx. You may view this 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.

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

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to add an AD that would apply to Embraer S.A. Model EMB-505 
airplanes. The NPRM was published in the Federal Register on June 19, 
2014 (79 FR 35099), and proposed to supersede AD 2013-22-20, Amendment 
39-17652 (78 FR 67018, November 8, 2013).
    The NPRM proposed to correct an unsafe condition for the specified 
products and was based on mandatory continuing airworthiness 
information (MCAI) originated by an aviation authority of another 
country. The MCAI states that:

    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. The MCAI can be found in the AD docket on the Internet at: 
http://www.regulations.gov/#!documentDetail;D=FAA-0;2014-0390-0001.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and 
the public interest require adopting the AD as proposed except for 
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (79 FR 35099, June 19, 2014) for correcting the unsafe condition; 
and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Costs of Compliance

    We estimate that this 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 AD. The 
average labor rate is $85 per work-hour. Based on these figures, we 
estimate the cost of this 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 
$2,532.50 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 AD will not have federalism implications 
under

[[Page 55605]]

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 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.

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 the NPRM, 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.

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

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

2014-19-01 Embraer S.A.: Amendment 39-17969; Docket No. FAA-2014-
0390; Directorate Identifier 2014-CE-013-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective October 22, 
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 flight cycles is unknown, calculate the 
compliance times for flight 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 flight cycles; and
    (ii) 12 hours equates to 9 flight 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 October 22, 2014 (the effective date of this AD) 
or within the next 30 flight cycles after October 22, 2014 (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 October 22, 2014 (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 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, consists of Meggitt Aircraft Braking System Service 
Bulletin No. SB-32-1625, Revision A, dated October 17, 2013. This 
service bulletin is incorporated as pages 27 through 40 of Embraer 
Phenom Service Bulletin No. 505-32-0011, Revision 01, dated March 
31, 2014.

    (7) At the next tire change or 30 days after October 22, 2014 
(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

[[Page 55606]]

paragraphs (f)(2) through (f)(10), including all subparagraphs as 
applicable, 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 October 22, 2014 (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 October 22, 2014 (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 October 22, 2014 (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: 
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.

(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. The MCAI can be found in the AD docket on the Internet 
at: http://www.regulations.gov/#!documentDetail;D=FAA-2014-0390-
0001.

(j) 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 Service Bulletin No. 505-32-0011, Revision 
01, dated March 31, 2014.
    (ii) Reserved.
    (3) For Embraer S.A. service information identified in 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: phenom.reliability@embraer.com.br; 
Internet: http://www.embraerexecutivejets.com/en-US/customer-support/Pages/Service-Center-Network.aspx.
    (4) You may view this service information at 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 September 8, 2014.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2014-21913 Filed 9-16-14; 8:45 am]
BILLING CODE 4910-13-P
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