[Federal Register Volume 73, Number 49 (Wednesday, March 12, 2008)]
[Rules and Regulations]
[Pages 13117-13120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-4660]


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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:

    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.
* * * * *
The unsafe condition is possible stalling while operating in icing 
conditions, which could result in loss of control of the airplane. This 
AD requires actions that are intended to address the unsafe condition 
described in the MCAI.

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
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------

    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:

    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.

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
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------


    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
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------

    (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]
BILLING CODE 4910-13-P