[Federal Register Volume 73, Number 36 (Friday, February 22, 2008)]
[Rules and Regulations]
[Pages 9659-9661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-3068]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-0333; Directorate Identifier 2007-NM-236-AD; 
Amendment 39-15379; AD 2008-04-07]
RIN 2120-AA64


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

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

ACTION: Final rule.

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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:

    Subsequent to accidents involving Fuel Tank System explosions in 
flight * * * and on ground, the FAA has published Special Federal 
Aviation Regulation 88 (SFAR88) * * * [which] required * * * 
[conducting] a design review against explosion risks.

The unsafe condition is the potential of ignition sources inside fuel 
tanks, which, in combination with flammable fuel vapors, could result 
in fuel tank explosions and consequent loss of the airplane. We are 
issuing this AD to require actions to correct the unsafe condition on 
these products.

DATES: This AD becomes effective March 28, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of March 28, 
2008.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

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:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on December 17, 2007 
(72 FR 71271). That NPRM proposed to correct an unsafe condition for 
the specified products. The MCAI states:

    Subsequent to accidents involving Fuel Tank System explosions in 
flight * * * and on ground, the FAA has published Special Federal 
Aviation Regulation 88 (SFAR88) in June 2001.
    In their Letters referenced 04/00/02/07/01-L296 dated March 4, 
2002 and 04/00/02/07/03-L024, dated February 3, 2003, the JAA (Joint 
Aviation Authorities) recommended the application of a similar 
regulation to the National Aviation Authorities (NAA).
    Under this regulation, all holders of type certificates for 
passenger transport aircraft with either a passenger capacity of 30 
or more, or a payload capacity of 7,500 pounds (3402 kg) or more, 
which have received their certification since January 1, 1958, are 
required to conduct a design review against explosion risks.
    This Airworthiness Directive, which renders mandatory the 
modification [3162] to separate wiring of Fuel Quantity Indication 
System [FQIS], is a consequence of the design review.

The unsafe condition is the potential of ignition sources inside fuel 
tanks, which, in combination with flammable fuel vapors, could result 
in fuel tank explosions and consequent loss of the airplane. 
Modification 3162 includes parking (stowing) of the existing wiring to 
the FQIS, installing new wires with shields to the FQIS, and 
operational and functional tests of the FQIS. You may obtain further 
information by examining the MCAI in the AD docket.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD as proposed.

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

[[Page 9660]]

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 our FAA policies. Any such differences 
are highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect about 218 products of U.S. 
registry. We also estimate that it will take about 80 work-hours per 
product to comply with the basic requirements of this AD. The average 
labor rate is $80 per work-hour. Required parts will cost about $12,900 
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 parts. 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 this AD to the 
U.S. operators to be $4,207,400, or $19,300 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 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.

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 the NPRM, 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.

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:

2008-04-07 Saab Aircraft AB: Amendment 39-15379. Docket No. FAA-
2007-0333; Directorate Identifier 2007-NM-236-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective March 
28, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Saab Model SAAB SF340A and SAAB 340B 
airplanes, all serial numbers, certificated in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 28: Fuel.

Reason

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

    Subsequent to accidents involving Fuel Tank System explosions in 
flight * * * and on ground, the FAA has published Special Federal 
Aviation Regulation 88 (SFAR88) in June 2001.
    In their Letters referenced 04/00/02/07/01-L296 dated March 4, 
2002, and 04/00/02/07/03-L024, dated February 3, 2003, the JAA 
(Joint Aviation Authorities) recommended the application of a 
similar regulation to the National Aviation Authorities (NAA).
    Under this regulation, all holders of type certificates for 
passenger transport aircraft with either a passenger capacity of 30 
or more, or a payload capacity of 7,500 pounds (3402 kg) or more, 
which have received their certification since January 1, 1958, are 
required to conduct a design review against explosion risks.
    This Airworthiness Directive, which renders mandatory the 
modification [3162] to separate wiring of Fuel Quantity Indication 
System, is a consequence of the design review.

The unsafe condition is the potential of ignition sources inside 
fuel tanks, which, in combination with flammable fuel vapors, could 
result in fuel tank explosions and consequent loss of the airplane. 
Modification 3162 includes parking (stowing) of the existing wiring 
to the FQIS, installing new wires with shields to the FQIS, and 
operational and functional tests of the FQIS.

Actions and Compliance

    (f) Within 72 months after the effective date of this AD, unless 
already done, do modification 3162 in accordance with the 
Accomplishment Instructions of Saab Service Bulletin 340-28-024, 
Revision 01, dated May 21, 2007. Actions done before the effective 
date of this AD in accordance with Saab Service Bulletin 340-28-024, 
dated February 26, 2007, are considered acceptable for compliance 
with the requirements 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 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.

[[Page 9661]]

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 EASA Airworthiness Directive 2007-0170, dated 
June 15, 2007; and Saab Service Bulletin 340-28-024, Revision 01, 
dated May 21, 2007; for related information.

Material Incorporated by Reference

    (i) You must use Saab Service Bulletin 340-28-024, Revision 01, 
dated May 21, 2007, to do the actions required by this AD, unless 
the AD specifies otherwise.
    (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 February 11, 2008.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft 
Certification Service.
 [FR Doc. E8-3068 Filed 2-21-08; 8:45 am]
BILLING CODE 4910-13-P