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.

Proposed Rules Federal Register

35099 

Vol. 79, No. 118 

Thursday, June 19, 2014 

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, 

Sa ̃o Jose ́ 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.embraer

executivejets.com/en-US/customersupport/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 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: jim.rutherford@

faa.gov. 

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 Ageˆncia Nacional De Aviac ̧a ̃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, 

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35100 Federal Register / Vol. 79, No. 118 / Thursday, June 19, 2014 / Proposed Rules 

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 workhours 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 

■ 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. Amend § 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 

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Federal Register / Vol. 79, No. 118 / Thursday, June 19, 2014 / Proposed Rules 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: 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 Ageˆncia Nacional De 

Aviac ̧a ̃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, Sa ̃o Jose ́ 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/enUS/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. 

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 

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