[Federal Register Volume 73, Number 45 (Thursday, March 6, 2008)]
[Proposed Rules]
[Pages 12034-12037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-4326]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-29248; Directorate Identifier 2007-NM-155-AD]
RIN 2120-AA64


Airworthiness Directives; Saab Model SAAB-Fairchild SF340A (SAAB/
SF340A) and SAAB 340B Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of 
comment period.

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SUMMARY: We are revising an earlier NPRM for the products listed above. 
This action revises the earlier NPRM by expanding the scope. 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:

    Subsequent to accidents involving Fuel Tank System explosions in 
flight * * * and on ground, * * * Special Federal Aviation 
Regulation 88 (SFAR88) * * * required a safety review of the 
aircraft Fuel Tank System * * *.
* * * * *
    Fuel Airworthiness Limitations are items arising from a systems 
safety analysis that have been shown to have failure mode(s) 
associated with an ``unsafe condition'' * * *. These are identified 
in Failure Conditions for which an unacceptable probability of 
ignition risk could exist if specific tasks and/or practices are not 
performed in accordance with the manufacturers' requirements.

    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 March 26, 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.

[[Page 12035]]

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: Mike Borfitz, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-2677; 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-2007-
29248; Directorate Identifier 2007-NM-155-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

    We proposed to amend 14 CFR part 39 with an earlier NPRM for the 
specified products, which was published in the Federal Register on 
September 19, 2007 (72 FR 53501). The earlier NPRM proposed to require 
actions intended to address the unsafe condition for the products 
listed above.
    Since that NPRM was issued, we have determined that the compliance 
times specified in paragraphs (f)(1) and (f)(2) of the earlier NPRM 
must be revised. In most ADs, we adopt a compliance time allowing a 
specified amount of time after the AD's effective date. In this case, 
however, the FAA has already issued regulations that require operators 
to revise their maintenance/inspection programs to address fuel tank 
safety issues. The compliance date for these regulations is December 
16, 2008. To provide for coordinated implementation of these 
regulations and this supplemental NPRM, we are including this same 
compliance date in paragraphs (f)(1) and (f)(2) of this supplemental 
NPRM.
    In addition, we have standardized our approach to a series of 
similar ADs; therefore, we have revised paragraph (f)(3) of this 
supplemental NPRM to specify that no alternative inspections, 
inspection intervals, or CDCCLs may be used unless they are part of a 
later approved revision of Saab 340 Fuel Airworthiness Limitations 
Document 340 LKS 009033, dated February 14, 2006, or unless they are 
approved as an alternative method of compliance (AMOC). Inclusion of 
this paragraph in the AD is intended to ensure that the AD-mandated 
airworthiness limitations changes are treated the same as the 
airworthiness limitations issued with the original type certificate.

Comments

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

FAA's Determination and Requirements of This 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 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.
    The change to paragraph (f)(2) of this supplemental NPRM, described 
above, expands the scope of the original NPRM. As a result, we have 
determined that it is necessary to reopen the comment period to provide 
additional opportunity for the public to comment on this proposed AD.

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

    We estimate that this proposed AD will affect about 144 products of 
U.S. registry. We also estimate that it will take about 1 work-hour per 
product to comply with the basic requirements of this proposed AD. The 
average labor rate is $80 per work-hour. Based on these figures, we 
estimate the cost of this proposed AD to the U.S. operators to be 
$11,520, or $80 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.

[[Page 12036]]

    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, 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 Aircraft AB: Docket No. FAA-2007-29248; Directorate Identifier 
2007-NM-155-AD.

Comments Due Date

    (a) We must receive comments by March 26, 2008.

Affected ADs

    (b) None.

Applicability

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

    Note 1: This AD requires revisions to certain operator 
maintenance documents to include new inspections. Compliance with 
these inspections is required by 14 CFR 91.403(c). For airplanes 
that have been previously modified, altered, or repaired in the 
areas addressed by these inspections, the operator may not be able 
to accomplish the inspections described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must 
request approval for an alternative method of compliance according 
to paragraph (g)(1) of this AD. The request should include a 
description of changes to the required inspections that will ensure 
the continued operational safety of the airplane.

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 published Special Federal 
Aviation Regulation 88 (SFAR 88) in June 2001. SFAR 88 required a 
safety review of the aircraft Fuel Tank System to determine that the 
design meets the requirements of FAR (Federal Aviation Regulation) 
Sec.  25.901 and Sec.  25.981(a) and (b).
    A similar regulation has been recommended by the JAA (Joint 
Aviation Authorities) to the European National Aviation Authorities 
(National Aviation Authorities) in JAA letter 04/00/02/07/03-L024 of 
3 February 2003. The review was requested to be mandated by NAA's 
using JAR (Joint Aviation Regulation) Sec.  25.901(c), Sec.  
25.1309.
    In August 2005 EASA published a policy statement on the process 
for developing instructions for maintenance and inspection of Fuel 
Tank System ignition source prevention (EASA D 2005/CPRO, http://www.easa.eu.int/home/cert_policy_statements_en.html) that also 
included the EASA expectations with regard to compliance times of 
the corrective actions on the unsafe and the not unsafe part of the 
harmonised design review results. On a global scale the TC (type 
certificate) holders committed themselves to the EASA published 
compliance dates (see EASA policy statement). The EASA policy 
statement has been revised in March 2006: The date of 31-12-2005 for 
the unsafe related actions has now been set at 01-07-2006.
    Fuel Airworthiness Limitations are items arising from a systems 
safety analysis that have been shown to have failure mode(s) 
associated with an `unsafe condition' as defined in FAA's memo 2003-
112-15 `SFAR 88--Mandatory Action Decision Criteria'. These are 
identified in Failure Conditions for which an unacceptable 
probability of ignition risk could exist if specific tasks and/or 
practices are not performed in accordance with the manufacturers' 
requirements.
    This EASA Airworthiness Directive mandates the Fuel System 
Airworthiness Limitations (comprising maintenance/inspection tasks 
and Critical Design Configuration Control Limitations (CDCCL)) for 
the type of aircraft, that resulted from the design reviews and the 
JAA recommendation and EASA policy statement mentioned above.
    The corrective action is revising the Airworthiness Limitations 
Section of the Instructions for Continued Airworthiness to 
incorporate new limitations for fuel tank systems.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Before December 16, 2008, or within 3 months after the 
effective date of this AD, whichever occurs earlier, revise the 
Airworthiness Limitations Section (ALS) of the Instructions for 
Continued Airworthiness to incorporate the maintenance and 
inspection instructions in Part 1 of Saab 340 Fuel Airworthiness 
Limitations Document 340 LKS 009033, dated February 14, 2006. For 
all tasks identified in Part 1 of Saab 340 Fuel Airworthiness 
Limitations Document 340 LKS 009033, dated February 14, 2006, the 
initial compliance times start from the effective date of this AD, 
and the repetitive inspections must be accomplished thereafter at 
the interval specified in Part 1 of Saab 340 Fuel Airworthiness 
Limitations Document 340 LKS 009033, dated February 14, 2006; except 
as provided by paragraphs (f)(3) and (g) of this AD.
    (2) Before December 16, 2008, revise the ALS of the Instructions 
for Continued Airworthiness to incorporate the CDCCLs as defined in 
Part 2 of Saab 340 Fuel Airworthiness Limitations Document 340 LKS 
009033, dated February 14, 2006.
    (3) After accomplishing the actions specified in paragraphs 
(f)(1) and (f)(2) of this AD, no alternative inspection, inspection 
intervals, or CDCCLs may be used unless the inspections, intervals, 
or CDCCLs are part of a later revision of Saab 340 Fuel 
Airworthiness Limitations Document 340 LKS 009033, dated February 
14, 2006, that is approved by the Manager, International Branch, 
ANM-116, Transport Airplane Directorate, FAA, or the European 
Aviation Safety Agency (EASA) (or its delegated agent); or unless 
the inspections, intervals, or CDCCLs are approved as an alternative 
method of compliance (AMOC) in accordance with the procedures 
specified in paragraph (g)(1) of this AD.
    (4) Where Saab 340 Fuel Airworthiness Limitations Document 340 
LKS 009033, dated February 14, 2006, allows for exceptional short-
term extensions, an exception is acceptable to the FAA if it is 
approved by the appropriate principal inspector in the FAA Flight 
Standards Certificate Holding District Office.

FAA AD Differences

    Note 2: 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: Mike 
Borfitz, Aerospace Engineer, International Branch, ANM-116, FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington 98057-3356; telephone (425) 227-2677; 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

    (h) Refer to MCAI EASA Airworthiness Directive 2006-0221, dated 
July 20, 2006;

[[Page 12037]]

and Saab 340 Fuel Airworthiness Limitations Document 340 LKS 009033, 
dated February 14, 2006; for related information.

    Issued in Renton, Washington, on February 28, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-4326 Filed 3-5-08; 8:45 am]
BILLING CODE 4910-13-P