67018 Federal Register / Vol. 78, No. 217 / Friday, November 8, 2013 / Rules and Regulations 

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. 

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-CenterNetwork.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 


wreier-aviles on DSK5TPTVN1PROD with RULES
Federal Register / Vol. 78, No. 217 / Friday, November 8, 2013 / Rules and Regulations 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. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 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. 


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67020 Federal Register / Vol. 78, No. 217 / Friday, November 8, 2013 / Rules and Regulations 

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/enUS/customer-support/Pages/Service-CenterNetwork.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/ibrlocations.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 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–0519; Directorate 

Identifier 2010–SW–068–AD; Amendment 

39–17623; AD 2013–20–17] 

RIN 2120–AA64 

Airworthiness Directives; Eurocopter 

Deutschland GmbH (ECD) Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for ECD 

Model BO105C (C–2 and CB–2 Variants) 

and BO105S (CS–2 and CBS–2 Variants) 

helicopters with a certain third stage 

turbine wheel installed. This AD 

requires installing a placard on the 

instrument panel and revising the 

limitations section of the rotorcraft 

flight manual (RFM). This AD is 

prompted by several incidents of third 

stage engine turbine wheel failures, 

which were caused by excessive 

vibrations at certain engine speeds 

during steady-state operations. These 

actions are intended to alert pilots to 

avoid certain engine speeds during 

steady-state operations, prevent failure 

of the third stage engine turbine, engine 

power loss, and subsequent loss of 

control of the helicopter. 

DATES: This AD is effective December 

13, 2013. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain documents listed in this AD 

as of December 13, 2013. 

ADDRESSES: For service information 

identified in this AD, contact American 

Eurocopter Corporation, 2701 N. Forum 

Drive, Grand Prairie, TX 75052; 

telephone (972) 641–0000 or (800) 232– 

0323; fax (972) 641–3775; or at http://

www.eurocopter.com/techpub. You may 

review the referenced service 

information at the FAA, Office of the 

Regional Counsel, Southwest Region, 

2601 Meacham Blvd., Room 663, Fort 

Worth, Texas 76137. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http://

www.regulations.gov or in person at the 

Docket Operations Office between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this AD, the foreign 

authority’s AD, any incorporated-byreference service information, the 

economic evaluation, any comments 


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