[Federal Register Volume 70, Number 74 (Tuesday, April 19, 2005)]
[Rules and Regulations]
[Pages 20276-20279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-7686]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-278-AD; Amendment 39-14063; AD 2005-08-11]
RIN 2120-AA64


Airworthiness Directives; Saab Model SAAB SF340A and SAAB 340B 
Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Saab Model SAAB SF340A and SAAB 340B series 
airplanes, that requires replacement of certain hydraulic hoses with 
new hydraulic hoses. This action is necessary to prevent cracking and/
or rupture and subsequent failure of hydraulic hoses. Such failure 
could result in loss of hydraulic pressure and fluid quantity, and 
consequent reduced controllability of the airplane. This action is 
intended to address the identified unsafe condition.

DATES: Effective May 24, 2005.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of May 24, 2005.

ADDRESSES: The service information referenced in this AD may be 
obtained from Saab Aircraft AB, SAAB Aircraft Product Support, S-
581.88, Link[ouml]ping, Sweden. This information may be examined at the 
Federal Aviation Administration (FAA), Transport Airplane Directorate, 
Rules Docket, 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/code_of_federal_regulations/ibr_locations.html.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601

[[Page 20277]]

Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 227-
2125; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain Saab Model SAAB SF340A and 
SAAB 340B series airplanes was published in the Federal Register on 
March 5, 2004 (69 FR 10387). That action proposed to require 
replacement of certain hydraulic hoses with new hydraulic hoses.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Request To Withdraw Proposed Rule

    One commenter, an operator, notes that since the publication of the 
proposed AD, the manufacturer has revised Section F of the 
Airworthiness Limitations Section of the SAAB 340 maintenance review 
board (MRB) document to Revision 3. The commenter states that the 
revised Airworthiness Limitations Section includes the replacement of 
the hydraulic hoses at the life-limits specified in SAAB Service 
Bulletin 340-29-022, Revision 01, dated February 20, 2003. The 
commenter states that, since the replacement of the hydraulic hoses is 
now in the Airworthiness Limitations Section, the proposed AD is not 
needed.
    The FAA partially agrees. Revision 03 of the SAAB 340 MRB document 
was issued in October 2004. However, we are currently reviewing 
Revision 04 of the document, which, among other changes, addresses the 
replacement times for the hydraulic hoses.
    The fact that the proposed revision to the Airworthiness 
Limitations Section now includes the replacement of the hydraulic hoses 
at the life-limits specified in the proposed AD does not mean that AD 
action is not necessary. Revisions to the Airworthiness Limitations 
Section that occur after a type certificate has been issued are not 
mandatory. An AD is the appropriate vehicle for mandating the changes 
to the Airworthiness Limitations Section. Also, the Airworthiness 
Limitations Section does not address what actions should be taken for 
hydraulic hoses that have already exceeded the 12,000 flight cycle 
limit. This AD mandates the replacement of hydraulic hoses that have 
already exceeded the 12,000 flight cycle limit. Once we have approved 
Revision 04 of the Airworthiness Limitations Section, we may consider 
additional rulemaking action to mandate repetitive replacement of the 
hydraulic hoses. No change has been made to this final rule in this 
regard.

Request To Include a Deferral From Compliance With the Airworthiness 
Limitations

    One commenter, the manufacturer, notes that the parallel Swedish 
airworthiness directive, SAD-170, became effective on December 17, 
2001, and had a compliance time of two years. The commenter notes that, 
since the expiration of the compliance time for that airworthiness 
directive, a revision of Section F, Airworthiness Limitations Section, 
of the MRB document was planned to include the hydraulic hoses and 
life-limits specified in SAAB Service Bulletin 340-29-022, Revision 01. 
The commenter notes that (at the time of comment submittal) the 
proposed release date of Revision 03 of the MRB document is May 2004.
    The commenter states that, due to the absence of an FAA AD, U.S. 
operators may not have performed the actions in the service bulletin 
and must apply for a deferral from the requirements of the MRB report 
so that airplanes are not grounded until the hydraulic hoses have been 
replaced. The commenter also states that there is a compliance time 
conflict between the FAA AD and the proposed revision to the 
Airworthiness Limitations Section. The commenter suggests that it is 
necessary to include a statement in the FAA AD to give operators a 
deferral from the MRB report requirements until the compliance time in 
the FAA AD has expired.
    We do not agree with the commenter's request to include a deferral 
from the requirements of the MRB report in this final rule. The MRB 
report is not mandatory for operators to follow unless the MRB 
requirements are required by an AD. Therefore, a deferral from the 
requirements of the MRB is not necessary. As stated previously, the 
latest revision (Revision 04) of Section F, Airworthiness Limitations 
Section, of the MRB document has not yet been FAA-approved. Once we 
have approved the document, we may consider additional rulemaking to 
require those actions specified in the document that relate to this AD. 
Therefore, at this time, no compliance time conflict exists between our 
AD and the Airworthiness Limitations Section, and no deferral is 
necessary. No change has been made to this final rule in this regard.

Request for Credit for Accomplishment of Original Issue of Service 
Bulletin

    One commenter requests that, if an AD is issued, the original issue 
of SAAB Service Bulletin 340-29-022, dated December 14, 2001, be 
considered as an additional acceptable source of service information. 
The commenter states that considering the original issue of the service 
bulletin as an additional acceptable source of service information 
would save both operators and the FAA time and effort in requesting and 
addressing AMOCs. The commenter states that its fleet of SAAB 340B 
airplanes was modified per the original issue of the service bulletin. 
The commenter also states that it did not use the procedures for 
identification of the replacement hydraulic hoses that are included in 
the original issue and Revision 1 of the service bulletin. Instead, the 
commenter used the procedures mandated in section 45.14 of the Federal 
Aviation Regulations (14 CFR 45.14), ``Identification of critical 
components.'' The commenter notes that it did not replace flap actuator 
hoses because those hoses had never failed. The commenter states that 
it used airplane cycles at the time of replacement of each hydraulic 
hose to start tracking the 12,000-flight-cycle life-limit for each 
hose.
    We agree with the commenter's request. A new paragraph (b) has been 
included in this final rule and the subsequent paragraphs reidentified 
accordingly. The new paragraph (b) states that accomplishment of the 
original issue of SAAB Service Bulletin 340-29-022, dated December 14, 
2001, is an additional appropriate source of service information. The 
paragraph also states that identifying newly installed hydraulic hoses 
by using the procedures mandated in section 45.14 of the Federal 
Aviation Regulations (14 CFR 45.14), ``Identification of critical 
components,'' is acceptable for compliance with the requirements of the 
AD.

Request To Change References to Service Information

    One commenter, the manufacturer, requests that the ``Explanation of 
Relevant Service Information'' paragraph in the proposed AD be changed 
to include the statement ``Saab has issued Service Bulletin 340-29-022, 
Revision 01, dated February 20, 2003, and will soon issue revision 2.'' 
The commenter also requests that paragraph (a) of the proposed AD be 
changed to ``* * *Accomplishment Instructions of Saab Service Bulletin 
340-29-022, Revision 01, dated February 20, 2003, or later revision.'' 
The commenter states that Revision 02 of SAAB Service Bulletin 340-29-
022 will be released soon, but the exact release date has not been 
decided. Revision 02 will include

[[Page 20278]]

two new hydraulic hose part numbers that can be ordered and used as 
replacement parts. (Revision 01 of the service bulletin is referenced 
in the proposed AD for accomplishment of the actions.)
    Since the issuance of the proposed AD Saab has issued Service 
Bulletin 340-29-022, Revision 02, dated May 5, 2004. We agree with the 
intent of the commenter's requests to reference Revision 02 of the 
service bulletin in this AD. We have revised paragraph (a) of this AD 
to include Revision 02 of the service bulletin as an additional 
appropriate source of service information. The ``Explanation of 
Relevant Service Information'' paragraph is not restated in this AD, so 
no change to that paragraph is possible in this AD.
    We cannot use the phrase, ``or later revision,'' in an AD when 
referring to the service document because doing so violates Office of 
the Federal Register (OFR) regulations for approval of materials 
``incorporated by reference'' in rules. In general terms, we are 
required by these OFR regulations to either publish the service 
document contents as part of the actual AD language; or submit the 
service document to the OFR for approval as ``referenced'' material, in 
which case we may only refer to such material in the text of an AD. The 
AD may refer to the service document only if the OFR approved it for 
``incorporation by reference.'' To allow operators to use later 
revisions of the referenced document (issued after publication of the 
AD), either we must revise the AD to reference specific later 
revisions, or operators must request approval to use later revisions as 
an AMOC with this AD under the provisions of paragraph (c) of this AD.

Conclusion

    After careful review of the available data, including the comments 
noted above, we have determined that air safety and the public interest 
require the adoption of the rule with the change described previously. 
We have determined that this change will neither increase the economic 
burden on any operator nor increase the scope of the AD.

Cost Impact

    We estimate that 308 airplanes of U.S. registry will be affected by 
this AD, that it will take approximately 5 work hours per airplane to 
accomplish the required actions, and that the average labor rate is $65 
per work hour. Required parts will cost approximately $1,600 per 
airplane. Based on these figures, the cost impact of the AD on U.S. 
operators is estimated to be $592,900, or $1,925 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the requirements of this AD 
action, and that no operator would accomplish those actions in the 
future if this AD were not adopted. The cost impact figures discussed 
in AD rulemaking actions represent only the time necessary to perform 
the specific actions actually required by the AD. These figures 
typically do not include incidental costs, such as the time required to 
gain access and close up, planning time, or time necessitated by other 
administrative actions.

Regulatory Impact

    The regulations adopted herein 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. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under 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. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the Rules Docket at the location provided under the caption 
ADDRESSES.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (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. Section 39.13 is amended by adding the following new airworthiness 
directive:

2005-08-11 Saab Aircraft AB: Amendment 39-14063. Docket 2003-NM-278-
AD.

    Applicability: Model SAAB SF340A series airplanes having serial 
numbers 004 through 159 inclusive, and SAAB 340B series airplanes 
having serial numbers 160 through 459 inclusive; certificated in any 
category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent cracking and/or rupture and subsequent failure of 
hydraulic hoses, which could result in loss of hydraulic pressure 
and fluid quantity, and consequent reduced controllability of the 
airplane, accomplish the following:

Replacement of Hydraulic Hoses

    (a) Replace the hydraulic hoses leading to the actuators of the 
flaps, main landing gear, nose landing gear (NLG), NLG downlock, and 
NLG wheel well, with new hydraulic hoses by doing all of the actions 
per the Accomplishment Instructions of Saab Service Bulletin 340-29-
022, Revision 01, dated February 20, 2003; or Saab Service Bulletin 
340-29-022, Revision 02, dated May 5, 2004. Do the replacement at 
the times specified in paragraphs (a)(1) and (a)(2) of this AD, as 
applicable.
    (1) For airplanes on which affected hydraulic hoses have 
accumulated 12,000 or more total flight cycles since new: Within the 
next 5,000 flight cycles or 24 months after the effective date of 
this AD, whichever is first.
    (2) For airplanes on which affected hydraulic hoses have 
accumulated less than 12,000 total flight cycles since new: Before 
the accumulation of 12,000 total flight cycles or within 24 months 
after the effective date of this AD, whichever is later.

Actions Accomplished Previously

    (b) Accomplishment of the specified replacement before the 
effective date of this AD per Saab Service Bulletin 340-29-022, 
dated December 14, 2001; or identification of newly installed hoses 
using the procedures in section 45.14 of the Federal Aviation 
Regulations (14 CFR 45.14), ``Identification of critical 
components''; are considered acceptable for compliance with the 
applicable requirements of this AD.

Alternative Methods of Compliance

    (c) In accordance with 14 CFR 39.19, the Manager, International 
Branch, ANM-116, FAA, Transport Airplane Directorate, is authorized 
to approve alternative methods of compliance for this AD.

Incorporation by Reference

    (d) Unless otherwise specified in this AD, the actions shall be 
done in accordance with Saab Service Bulletin 340-29-022, Revision 
01, dated February 20, 2003; or Saab Service Bulletin 340-29-022, 
Revision 02, dated May 5, 2004. This incorporation by reference was 
approved by the Director of the Federal Register in accordance with 
5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from Saab 
Aircraft AB, SAAB Aircraft

[[Page 20279]]

Product Support, S-581.88, Link[ouml x ]ping, Sweden. 
Copies may be inspected 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/code_of_federal_regulations/ibr_locations.html.

    Note 1: The subject of this AD is addressed in Swedish 
airworthiness directive 1-170, dated December 17, 2001.

Effective Date

    (e) This amendment becomes effective on May 24, 2005.

    Issued in Renton, Washington, on April 11, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-7686 Filed 4-18-05; 8:45 am]
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