[Federal Register Volume 74, Number 31 (Wednesday, February 18, 2009)]
[Proposed Rules]
[Pages 7568-7570]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3398]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0134; Directorate Identifier 2008-NM-162-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:

    Two cases of main hydraulic accumulator failure have been 
reported, one of which was caused by corrosion. Investigation has 
shown that a severe failure can occur to any of the four hydraulic 
accumulators which are installed in the hydraulic compartment. 
Either one of the two end parts on the accumulator may depart from 
the pressure vessel due to corrosion. This condition, if not 
corrected, is likely to degrade the functionality of the hydraulic 
system, possibly resulting in degradation or total loss of control 
of the landing gear, flap actuation and brakes. A severe failure 
during flight may even result in debris penetrating and exiting the 
fuselage outer skin. When such a failure occurs while the aircraft 
is on the ground, as in the two reported cases, this may cause 
severe damage to the fuselage and result in injuries to persons 
nearby.

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 20, 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 
[email protected]; 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

[[Page 7569]]

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-2009-0134; 
Directorate Identifier 2008-NM-162-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 2008-0146, dated August 1, 2008 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    Two cases of main hydraulic accumulator failure have been 
reported, one of which was caused by corrosion. Investigation has 
shown that a severe failure can occur to any of the four hydraulic 
accumulators which are installed in the hydraulic compartment. 
Either one of the two end parts on the accumulator may depart from 
the pressure vessel due to corrosion. This condition, if not 
corrected, is likely to degrade the functionality of the hydraulic 
system, possibly resulting in degradation or total loss of control 
of the landing gear, flap actuation and brakes. A severe failure 
during flight may even result in debris penetrating and exiting the 
fuselage outer skin. When such a failure occurs while the aircraft 
is on the ground, as in the two reported cases, this may cause 
severe damage to the fuselage and result in injuries to persons 
nearby.
    To address and correct the unsafe condition, a modified 
hydraulic accumulator has been developed, which is sealed between 
the barrel and the screw cap and between the screw cap and the end 
cap.
    For the reasons described above, this EASA AD requires the 
replacement of the affected hydraulic accumulators P/N (part number) 
08 8423 001 1 and P/N 08 8423 030 1, as identified in Saab SB 340-
29-023, with a modified hydraulic accumulator.

You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Saab has issued Service Bulletin 340-29-023, dated June 10, 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 
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 141 products of U.S. registry. We also estimate that it 
would take 8 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 $3,582 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 $595,302, or $4,222 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, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator,

[[Page 7570]]

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-2009-0134; Directorate 
Identifier 2008-NM-162-AD.

Comments Due Date

    (a) We must receive comments by March 20, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Saab AB, Saab Aerosystems Model SAAB 340A 
(SAAB/SF340A) and SAAB 340B airplanes, all serial numbers, 
certificated in any category; on which hydraulic accumulators with 
part number (P/N) 08 8423 001 1 or P/N 08 8423 030 1 are installed, 
except accumulators with serial numbers listed in paragraph 3.B. of 
Saab Service Bulletin 340-29-023, dated June 10, 2008.

Subject

    (d) Air Transport Association (ATA) of America Code 29: 
Hydraulic power.

Reason

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

    Two cases of main hydraulic accumulator failure have been 
reported, one of which was caused by corrosion. Investigation has 
shown that a severe failure can occur to any of the four hydraulic 
accumulators which are installed in the hydraulic compartment. 
Either one of the two end parts on the accumulator may depart from 
the pressure vessel due to corrosion. This condition, if not 
corrected, is likely to degrade the functionality of the hydraulic 
system, possibly resulting in degradation or total loss of control 
of the landing gear, flap actuation and brakes. A severe failure 
during flight may even result in debris penetrating and exiting the 
fuselage outer skin. When such a failure occurs while the aircraft 
is on the ground, as in the two reported cases, this may cause 
severe damage to the fuselage and result in injuries to persons 
nearby.
    To address and correct the unsafe condition, a modified 
hydraulic accumulator has been developed, which is sealed between 
the barrel and the screw cap and between the screw cap and the end 
cap.
    For the reasons described above, [the MCAI] requires the 
replacement of the affected hydraulic accumulators P/N (part number) 
08 8423 001 1 and P/N 08 8423 030 1, as identified in Saab SB 340-
29-023, with a modified hydraulic accumulator.

Actions and Compliance

    (f) Unless already done, replace the accumulator at the 
applicable time specified in paragraph (f)(1) or (f)(2) of this AD 
in accordance with the instructions of Saab Service Bulletin 340-29-
023, dated June 10, 2008.
    (1) For airplanes on which the manufacturing date of the 
hydraulic accumulator is June 2000 or earlier: Replace the 
accumulator with a new or modified accumulator within 24 months 
after the effective date of this AD.
    (2) For airplanes on which the manufacturing date of the 
accumulator is July 2000 or later: Replace the accumulator with a 
new or modified accumulator within 10 years after the manufacturing 
date or within 24 months after the effective date of this AD, 
whichever occurs later.
    (3) As of 24 months after the effective date of this AD, no 
person may install a hydraulic accumulator, P/N 08 8423 001 1 or P/N 
08 8423 030 1 on any airplane, except accumulators with serial 
numbers listed in paragraph 3.B. of Saab Service Bulletin 340-29-
023, dated June 10, 2008.

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, 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.
    (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 2008-0146, dated August 1, 2008, and Saab Service Bulletin 
340-29-023, dated June 10, 2008, for related information.

    Issued in Renton, Washington, on January 30, 2009.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft 
Certification Service.
[FR Doc. E9-3398 Filed 2-17-09; 8:45 am]
BILLING CODE 4910-13-P