[Federal Register: May 14, 2009 (Volume 74, Number 92)]
[Proposed Rules]
[Page 22712-22714]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14my09-16]
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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.
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[[Page 22712]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-0447; Directorate Identifier 2008-NM-172-AD]
RIN 2120-AA64
Airworthiness Directives; Saab AB, Saab Aerosystems Model SAAB
340A (SAAB/SF340A) and SAAB 340B Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. 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:
During refueling, the ground crew detected smoke from the
refuel/defuel panel illuminated placard 160VU. * * *
* * * * *
The unsafe condition is an electrical malfunction in the illuminated
placard of the refuel and defuel panel, which could result in fire. The
proposed AD would require actions that are intended to address the
unsafe condition described in the MCAI.
DATES: We must receive comments on this proposed AD by June 15, 2009.
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.
For service information identified in this proposed AD, contact
Saab Aircraft AB, SAAB Aerosystems, SE-581 88, Link[ouml]ping, Sweden;
telephone +46 13 18 5591; fax +46 13 18 4874; e-mail
saab2000.techsupport@saabgroup.com; Internet http://www.saabgroup.com.
You may review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at the
FAA, call 425-227-1221 or 425-227-1152.
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 proposed 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.
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-2009-0447;
Directorate Identifier 2008-NM-172-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 based on 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 proposed AD.
Discussion
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2008-0127R1, dated August 7, 2008 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:
During refueling, the ground crew detected smoke from the
refuel/defuel panel illuminated placard 160VU. The design of the
refuel/defuel panel illuminated placard was changed during 1997 from
its original specification, to fill the cavity inside the placard
with silicone to avoid moisture/fluid ingress. SAAB has reviewed the
working procedure and has developed a placard filled with a bi-
component silicone-based material to minimize the cavity inside the
panels.
For the reasons described above, this EASA AD requires the
identification of the manufacturing date of the affected placard, a
visual inspection of the placard for heat and/or burn marks and the
installation of a new placard in accordance with the instructions of
SAAB Service Bulletin (SB) 340-28-027.
This AD has been revised to identify the affected VIBRACHOC (the
part manufacturer) placard with Part Number (P/N) C4FL5031C001,
instead of the corresponding SAAB P/N 9303719-001, which was (also)
quoted inaccurately. In addition, it has been recognised that the
original AD did not allow installation of the placards with a
manufacturing date before 31/97; that has now been corrected.
The unsafe condition is an electrical malfunction in the
illuminated placard of the refuel and defuel panel, which could result
in fire. You may obtain further information by examining the MCAI in
the AD docket.
Relevant Service Information
Saab has issued Service Bulletin 340-28-027, Revision 01, dated
July 7, 2008. 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 Proposed AD
This product has been approved by the aviation authority of another
[[Page 22713]]
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 proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
Differences Between This 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 proposed 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 proposed AD.
Costs of Compliance
Based on the service information, we estimate that this proposed AD
would affect about 141 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 proposed AD. The average labor rate is $80 per
work-hour. Required parts would cost about $1,500 per product. Where
the service information lists required parts costs that are covered
under warranty, we have assumed that there will be no charge for these
costs. As we do not control warranty coverage for affected parties,
some parties may incur costs higher than estimated here. Based on these
figures, we estimate the cost of the proposed AD on U.S. operators to
be $234,060, or $1,660 per product.
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); 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 proposed AD and placed it in the AD docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporated 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.
Sec. 39.13 [Amended]
2. The FAA amends Sec. 39.13 by adding the following new AD:
Saab AB, Saab Aerosystems: Docket No. FAA-2009-0447; Directorate
Identifier 2008-NM-172-AD.
Comments Due Date
(a) We must receive comments by June 15, 2009.
Affected ADs
(b) None.
Applicability
(c) Saab AB, Saab Aerosystems Model SAAB 340A (SAAB/SF340A) and
SAAB 340B airplanes; certified in any category; all serial numbers.
Subject
(d) Air Transport Association (ATA) of America Code 28: Fuel.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
During refueling, the ground crew detected smoke from the
refuel/defuel panel illuminated placard 160VU. The design of the
refuel/defuel panel illuminated placard was changed during 1997 from
its original specification, to fill the cavity inside the placard
with silicone to avoid moisture/fluid ingress. SAAB has reviewed the
working procedure and has developed a placard filled with a bi-
component silicone-based material to minimize the cavity inside the
panels.
For the reasons described above, this EASA AD requires the
identification of the manufacturing date of the affected placard, a
visual inspection of the placard for heat and/or burn marks and the
installation of a new placard in accordance with the instructions of
SAAB Service Bulletin (SB) 340-28-027.
This AD has been revised to identify the affected VIBRACHOC (the
part manufacturer) placard with Part Number (P/N) C4FL5031C001,
instead of the corresponding SAAB P/N 9303719-001, which was (also)
quoted inaccurately. In addition, it has been recognised that the
original AD did not allow installation of the placards with a
manufacturing date before 31/97; that has now been corrected.
The unsafe condition is an electrical malfunction in the illuminated
placard of the refuel and defuel panel, which could result in fire.
Actions and Compliance
(f) Unless already done, do the following actions:
(1) Within 3 months after the effective date of this AD, inspect
the illuminated placard of the refuel and defuel panel, part number
(P/N) C4FL5031C001, for signs of heat and burn marks, in accordance
with Saab Service Bulletin 340-28-027, Revision 01, dated July 7,
2008.
(2) If any sign of heat or burn marks are found, before further
flight, replace the illuminated placard of the refuel and defuel
panel with a new illuminated placard of the refuel and defuel panel,
having part number C4FL5031C001, and marked with a manufacturer date
before 31/97 (i.e., week 31 of 1997), or a manufacturing date of 37/
07 (i.e., week 37 of 2007) or higher and marked `Amdt:A.', in
accordance with Saab Service Bulletin 340-28-027, Revision 01, dated
July 7, 2008.
(3) If no signs of heat and burn marks are found, within 12
months after accomplishing the inspection required by (f)(1) of this
AD is done, replace the illuminated placard of the fuel and defuel
panel with a new illuminated placard of the refuel and defuel panel,
having part number C4FL5031C001, and marked with a manufacturer date
before
[[Page 22714]]
31/97 (i.e., week 31 of 1997) or a manufacturing date of 37/07
(i.e., week 37 of 2007) or higher and marked `Amdt:A.', in
accordance with Saab Service Bulletin 340-28-027, Revision 01, dated
July 7, 2008.
(4) As of 15 months after the effective date of this AD,
installing an illuminated placard of the refuel and defuel panel is
prohibited on any airplane, unless it has a manufacturing date
before 31/97, or unless it has a manufacturing date of 37/07 or
higher and is marked `Amdt:A'.
(5) Actions accomplished before the effective date of this AD in
accordance with Saab Service Bulletin 340-28-027, dated April 30,
2008, are considered acceptable for compliance with the
corresponding actions specified in paragraphs (f)(1), (f)(2), and
(f)(3) of this AD.
FAA AD Differences
Note 1: This AD differs from the MCAI and/or service
information as follows: No differences.
Other FAA AD Provisions
(g) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, 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 principal maintenance inspector (PMI)
or principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.
(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
(h) Refer to MCAI European Aviation Safety Agency Airworthiness
Directive 2008-0127R1, dated August 7, 2008; and Saab Service
Bulletin 340-28-027, Revision 01, dated July 7, 2008, for related
information.
Issued in Renton, Washington, on May 6, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-11281 Filed 5-13-09; 8:45 am]
BILLING CODE 4910-13-P