FR Doc E8-4660

[Federal Register: March 12, 2008 (Volume 73, Number 49)]
[Rules and Regulations]
[Page 13117-13120]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12mr08-19]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0263; Directorate Identifier 2008-NM-044-AD;
Amendment 39-15423; AD 2008-06-11]
RIN 2120-AA64

Airworthiness Directives; Saab Model SAAB SF340A and SAAB 340B
(Including Variant 340B (WT)) Series Airplanes

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

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This 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:

DATES: This AD becomes effective March 27, 2008.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of March 27,
2008.
We must receive comments on this AD by April 11, 2008.

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 W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

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 regulatory evaluation,
any comments received, and other information. The street address for
the Docket Operations 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: Shahram Daneshmandi, Aerospace
Engineer, International Branch, ANM-116, Transport Airplane
Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-3356;
telephone (425) 227-1112; fax (425) 227-1149.

[[Page 13118]]

SUPPLEMENTARY INFORMATION:

Discussion

The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued
Airworthiness Directive 2008-0022, dated January 29, 2008 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:

Subsequent to an incident on January 2, 2006, when a Saab 340B
airplane encountered icing conditions during en route climb and
departed controlled flight, the NTSB (National Transportation Safety
Board) has issued a number of safety recommendations.
Different safety actions have been discussed and agreed upon
[among] Saab, FAA and EASA (European Aviation Safety Agency) since
then to meet the NTSB safety recommendations.
For the reasons described above, this Airworthiness Directive
(AD) requires the amendment of the applicable Saab SF340A or 340B
Airplane Flight Manual (AFM) to incorporate the changes to the
Limitations section and the Performance section as specified in the
AFM revisions listed in the * * * AD.

The unsafe condition is possible stalling while operating in icing
conditions, which could result in loss of control of the airplane. You
may obtain further information by examining the MCAI in the AD docket.
On April 19, 1996, we issued AD 96-01-04 R1, amendment 39-9582 (61
FR 18242, April 25, 1996). That AD is applicable to certain Saab Model
SAAB SF340A and SAAB 340B series airplanes. Paragraph (a)(3) of AD 96-
01-04 R1 requires revising the Limitations Section of the airplane
flight manual (AFM) by inserting certain icing procedures into that
section. Accomplishing the actions required by this new AD terminates
the actions required by paragraph (a)(3) of AD 96-01-04 R1.
On November 10, 1999, we issued AD 99-19-14, amendment 39-11303 (64
FR 63622, November 22, 1999). That AD is applicable to certain Saab
Model SAAB SF340A, SAAB 340B, and SAAB 2000 series airplanes. Paragraph
(a) of AD 99-19-14 requires revising the Limitations Section of the AFM
to include certain requirements for activation of the icing protection
systems. Accomplishing the actions required by this new AD terminates
the actions required by paragraph (a) of AD 99-19-14 for Model SAAB
SF340A and SAAB 340B series airplanes.

Relevant Service Information

SAAB has issued the following revisions to the SAAB SF340A and 340B
AFMs:

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AFM Document No. Revision level Date
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SAAB SF340A......................... AFM 340 A 001.......... 51 November 30, 2007.
SAAB 340B........................... 72LKS5968.............. 21 November 30, 2007.
SAAB 340B........................... AFM 340 B 001.......... 29 November 30, 2007.
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The actions described in this service information are intended to
correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This 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 the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are issuing this AD because we
evaluated all pertinent information and determined the unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Differences Between the AD and the MCAI or Service Information

We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
We might also have required different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the AD.

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 to prevent
possible stalling while operating in icing conditions, which could
result in loss of control of the airplane. 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-2008-0263; Directorate
Identifier 2008-NM-044-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
will also post a report summarizing each substantive verbal contact we
receive about this AD.

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.

[[Page 13119]]

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 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); and
3. 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.
We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

0
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 adding the following new AD:

2008-06-11 Saab AB, Saab Aerosystems (Formerly Saab Aircraft AB):
Amendment 39-15423. Docket No. FAA-2008-0263; Directorate Identifier
2008-NM-044-AD.

Effective Date

(a) This airworthiness directive (AD) becomes effective March
27, 2008.

Affected ADs

(b) None.

Applicability

(c) This AD applies to all Saab Model SAAB SF340A and SAAB 340B
(including Variant 340B (WT)) series airplanes, certificated in any
category.

Subject

(d) Air Transport Association (ATA) of America Code 30: Ice and
rain protection.

Reason

(e) The mandatory continued airworthiness information (MCAI)
states:

The unsafe condition is possible stalling while operating in icing
conditions, which could result in loss of control of the airplane.

Actions and Compliance

(f) Within 30 days after the effective date of this AD, unless
already done, revise the Limitations and Performance sections in the
applicable AFM specified in Table 1 of this AD by incorporating the
information in the applicable revision specified in Table 1.

Table 1.--Applicable AFMs
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AFM Document No. Revision level Date
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SAAB SF340A......................... AFM 340 A 001.......... 51 November 30, 2007.
SAAB 340B........................... 72LKS5968.............. 21 November 30, 2007.
SAAB 340B........................... AFM 340 B 001.......... 29 November 30, 2007.
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Note 1: The action required by paragraph (f) of this AD may be
done by inserting into the appropriate AFM sections a copy of the
applicable revision listed in Table 1 of this AD. When this revision
has been included in the general revisions of the AFM, the general
revisions may be inserted into the AFM, provided the relevant
information in the general revision is identical to that in the
revision listed in Table 1 of this AD.

Note 2: The AFM areas affected by this AD are:
(1) Definition of icing conditions;
(2) Operation in icing conditions;
(3) Minimum airspeeds in icing conditions;
(4) Auto pilot mode in icing conditions; and
(5) Landing field length charts, including effect of
VREF speed increment.

Terminating Actions

(g) For Model SAAB SF340A and SAAB 340B airplanes: Accomplishing
the actions required by paragraph (f) of this AD terminates the
actions required by paragraph (a)(3) of AD 96-01-04 R1 and paragraph
(a) of AD 99-19-14.

FAA AD Differences

Note 3: This AD differs from the MCAI and/or service information
as follows: No differences.

Other FAA AD Provisions

(h) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, 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: Shahram Daneshmandi, Aerospace
Engineer, International Branch, ANM-116, Transport Airplane
Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-
3356; telephone (425) 227-1112; fax (425) 227-1149. 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, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

(i) Refer to MCAI European Aviation Safety Agency Airworthiness
Directive 2008-0022, dated January 29, 2008, and the applicable AFM
revision specified in Table 1 of this AD, for related information.

Material Incorporated by Reference

(j) You must use the service information specified in Table 2 of
this AD to do the actions required by this AD, unless the AD
specifies otherwise.

[[Page 13120]]

Table 2.--Material Incorporated by Reference
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Revision
Document Page Nos. level Date
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SAAB SF340A Airplane Flight Manual, List of Effective Pages: 51 November 30, 2007.
AFM 340 A 001. Pages 1-4 through 1-6.
SAAB 340B Airplane Flight Manual, List of Effective Pages: 21 November 30, 2007.
72LKS5968. Pages 1-4 through 1-7.
SAAB 340B Airplane Flight Manual, AFM List of Effective Pages: 29 November 30, 2007.
340 B 001. Pages 1-4 through 1-6.
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(1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) For service information identified in this AD, contact Saab
Aircraft AB, SAAB Aircraft Product Support, S-581.88,
Link[ouml]ping, Sweden.
(3) You may review copies at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or 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 Renton, Washington, on March 3, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-4660 Filed 3-11-08; 8:45 am]

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