[Federal Register Volume 79, Number 150 (Tuesday, August 5, 2014)]
[Rules and Regulations]
[Pages 45337-45340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-17315]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0056; Directorate Identifier 2013-NM-160-AD; 
Amendment 39-17906; AD 2014-15-04]
RIN 2120-AA64


Airworthiness Directives; Saab AB, Saab Aerosystems 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 certain 
Saab AB, Saab Aerosystems Model SAAB 2000 airplanes. This AD was 
prompted by a report of rudder pedal restriction which was the result 
of water leakage at the inlet tubing of an in-line heater in the lower 
part of the forward fuselage. This AD requires deactivating the potable 
water system, or alternatively filling and activating the potable water 
system. We are issuing this AD to prevent rudder pedal restriction due 
to the pitch control mechanism becoming frozen as the result of water 
spray, which could prevent disconnection and normal pitch control, and 
consequently result in reduced controllability of the airplane.

DATES: This AD becomes effective September 9, 2014.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of September 9, 
2014.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0056; or in person at the 
Docket Management Facility, U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC.
    For service information identified in this AD, contact Saab AB, 
Saab Aerosystems, SE-581 88, Link[ouml]ping, Sweden; telephone +46 13 
18 5591; fax +46 13 18 4874; email [email protected]; 
Internet http://www.saabgroup.com. You may view this referenced service 
information at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue SW., Renton, WA. For information on the availability of this 
material at the FAA, call 425-227-1221.

FOR FURTHER INFORMATION CONTACT: Shahram Daneshmandi, Aerospace 
Engineer, International Branch, ANM-116, Transport Airplane 
Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 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 by adding an AD that would apply to certain Saab AB, Saab 
Aerosystems Model SAAB 2000 airplanes. The NPRM published in the 
Federal Register on February 25, 2014 (79 FR 10433). The NPRM was 
prompted by a report of rudder pedal restriction which was the result 
of water leakage at the inlet tubing of an in-line heater in the lower 
part of the forward fuselage.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2013-0172R1, dated September 6, 2013 (referred 
to after this as the Mandatory Continuing Airworthiness Information, or 
``the

[[Page 45338]]

MCAI''), to correct an unsafe condition for certain Saab AB, Saab 
Aerosystems Model SAAB 2000 airplanes. The MCAI states:

    One occurrence of rudder pedal restriction has been reported on 
a SAAB 2000 aeroplane. Subsequent investigation showed that this was 
the result of water leakage at the inlet tubing for the in-line 
heater (25HY) in the lower part of the forward fuselage (Zone 116). 
The in-line heater attachment was found ruptured, which resulted in 
water spraying in the area. Frozen water on the rudder control 
mechanism in Zone 116 then led to the rudder pedal restriction.
    Analysis after the reported event indicates that the pitch 
control mechanism (including pitch disconnect/spring unit) may also 
be frozen as a result of water spray, which would prevent 
disconnection and normal pitch control.
    This condition, if not corrected, could result in further 
occurrences of reduced control of an aeroplane.
    Prompted by these findings, as a temporary action to avoid this 
potential unsafe condition, SAAB determined that the potable water 
system should be deactivated. SAAB is working on a solution that is 
expected to eliminate the consequences of water spraying in the 
area.
    To address this unsafe condition, EASA issued [an] Emergency AD 
* * * to require deactivation of the Potable Water System.
    Since that [EASA] AD was issued, SAAB developed a temporary 
alternative procedure for filling, reactivation and continued 
operation of the potable water system. This procedure includes a 
visual inspection to make sure that there is no water spray in the 
lower part of the forward fuselage (Zone 116) during refilling of 
the potable water.
    For the reasons described above, this [EASA] AD is revised to 
allow application of the alternative filling procedure of the 
Potable Water System.
    This [EASA] AD is still considered to be an interim action and 
further [EASA] AD action may follow.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0056-0002.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM (79 FR 10433, February 25, 
2014) or on the determination of the cost to the public.

``Contacting the Manufacturer'' Paragraph in This AD

    Since late 2006, we have included a standard paragraph titled 
``Airworthy Product'' in all MCAI ADs in which the FAA develops an AD 
based on a foreign authority's AD.
    The MCAI or referenced service information in an FAA AD often 
directs the owner/operator to contact the manufacturer for corrective 
actions, such as a repair. Briefly, the Airworthy Product paragraph 
allowed owners/operators to use corrective actions provided by the 
manufacturer if those actions were FAA-approved. In addition, the 
paragraph stated that any actions approved by the State of Design 
Authority (or its delegated agent) are considered to be FAA-approved.
    In the NPRM (79 FR 10433, February 25, 2014), we proposed to 
prevent the use of repairs that were not specifically developed to 
correct the unsafe condition, by requiring that the repair approval 
provided by the State of Design Authority or its delegated agent 
specifically refer to this FAA AD. This change was intended to clarify 
the method of compliance and to provide operators with better 
visibility of repairs that are specifically developed and approved to 
correct the unsafe condition. In addition, we proposed to change the 
phrase ``its delegated agent'' to include a design approval holder 
(DAH) with State of Design Authority design organization approval 
(DOA), as applicable, to refer to a DAH authorized to approve required 
repairs for the proposed AD.
    No comments were provided to the NPRM (79 FR 10433, February 25, 
2014) about these proposed changes. However, a comment was provided for 
another NPRM, Directorate Identifier 2012-NM-101-AD (78 FR 78285, 
December 26, 2013), in which the commenter stated the following: ``The 
proposed wording, being specific to repairs, eliminates the 
interpretation that Airbus messages are acceptable for approving minor 
deviations (corrective actions) needed during accomplishment of an AD 
mandated Airbus service bulletin.''
    This comment has made the FAA aware that some operators have 
misunderstood or misinterpreted the Airworthy Product paragraph to 
allow the owner/operator to use messages provided by the manufacturer 
as approval of deviations during the accomplishment of an AD-mandated 
action. The Airworthy Product paragraph does not approve messages or 
other information provided by the manufacturer for deviations to the 
requirements of the AD-mandated actions. The Airworthy Product 
paragraph only addresses the requirement to contact the manufacturer 
for corrective actions for the identified unsafe condition and does not 
cover deviations from other AD requirements. However, deviations to AD-
required actions are addressed in 14 CFR 39.17, and anyone may request 
the approval for an alternative method of compliance to the AD-required 
actions using the procedures found in 14 CFR 39.19.
    To address this misunderstanding and misinterpretation of the 
Airworthy Product paragraph, we have changed that paragraph and 
retitled it ``Contacting the Manufacturer.'' This paragraph now 
clarifies that for any requirement in this AD to obtain corrective 
actions from a manufacturer, the action must be accomplished using a 
method approved by the FAA, the European Aviation Safety Agency (EASA), 
or Saab AB, Saab Aerosystems' EASA DOA.
    The Contacting the Manufacturer paragraph also clarifies that, if 
approved by the DOA, the approval must include the DOA-authorized 
signature. The DOA signature indicates that the data and information 
contained in the document are EASA-approved, which is also FAA-
approved. Messages and other information provided by the manufacturer 
that does not contain the DOA-authorized signature approval are not 
EASA-approved, unless EASA directly approves the manufacturer's message 
or other information.
    This clarification does not remove flexibility previously afforded 
by the Airworthy Product paragraph. Consistent with long-standing FAA 
policy, such flexibility was never intended for required actions. This 
is also consistent with the recommendation of the Airworthiness 
Directive Implementation Aviation Rulemaking Committee to increase 
flexibility in complying with ADs by identifying those actions in 
manufacturers' service instructions that are ``Required for 
Compliance'' with ADs. We continue to work with manufacturers to 
implement this recommendation. But once we determine that an action is 
required, any deviation from the requirement must be approved as an 
alternative method of compliance.
    Other commenters to the NPRM discussed previously, Directorate 
Identifier 2012-NM-101-AD (78 FR 78285, December 26, 2013), pointed out 
that in many cases the foreign manufacturer's service bulletin and the 
foreign authority's MCAI might have been issued some time before the 
FAA AD. Therefore, the DOA might have provided U.S. operators with an 
approved repair, developed with full awareness of the unsafe condition, 
before the FAA AD is issued. Under these circumstances, to comply with 
the FAA AD, the operator would be required to go back to the 
manufacturer's DOA and obtain a new approval document, adding time and 
expense to the compliance process with no safety benefit.

[[Page 45339]]

    Based on these comments, we removed the requirement that the DAH-
provided repair specifically refer to this AD. Before adopting such a 
requirement, the FAA will coordinate with affected DAHs and verify they 
are prepared to implement means to ensure that their repair approvals 
consider the unsafe condition addressed in this AD. Any such 
requirements will be adopted through the normal AD rulemaking process, 
including notice-and-comment procedures, when appropriate. We also have 
decided not to include a generic reference to either the ``delegated 
agent'' or ``DAH with State of Design Authority design organization 
approval,'' but instead we have provided the specific delegation 
approval granted by the State of Design Authority for the DAH in the 
Contacting the Manufacturer paragraph of this AD.

Conclusion

    We reviewed the relevant data and determined that air safety and 
the public interest require adopting this AD with the changes described 
previously and minor editorial changes. We have determined that these 
minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (79 FR 10433, February 25, 2014) for correcting the unsafe 
condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (79 FR 10433, February 25, 2014).
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Costs of Compliance

    We estimate that this AD affects 1 airplane 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 AD. The average labor rate 
is $85 per work-hour. Required parts will cost $0 per product. Based on 
these figures, we estimate the cost of this AD on U.S. operators to be 
$85, or $85 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 that 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);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0056; or in person at the 
Docket Management Facility 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.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    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 airworthiness 
directive (AD):

2014-15-04 Saab AB, Saab Aerosystems: Amendment 39-17906. Docket No. 
FAA-2014-0056; Directorate Identifier 2013-NM-160-AD.

(a) Effective Date

    This AD becomes effective September 9, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Saab AB, Saab Aerosystems Model SAAB 2000 
airplanes, certificated in any category, serial numbers 004 through 
016 inclusive, 018, 022, 023, 024, 026, 029, 031, 032, 033, 035 
through 039 inclusive, 041 through 044 inclusive, 046, 047, 048, 
051, and 053 through 063 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 38, Water/Waste.

(e) Reason

    This AD was prompted by a report of rudder pedal restriction 
which was the result of water leakage at the inlet tubing for an in-
line heater in the lower part of the forward fuselage. We are 
issuing this AD to prevent rudder pedal restriction due to the pitch 
control mechanism becoming frozen as the result of water spray, 
which could prevent disconnection and normal pitch control, and 
consequently result in reduced controllability of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Deactivation of Potable Water System

    Within 30 days after the effective date of this AD, deactivate 
the potable water system, in accordance with the Accomplishment 
Instructions of Saab Service Bulletin 2000-38-010, dated July 12, 
2013.

(h) Alternative to Deactivation of Potable Water System

    As an alternative, or subsequent, to the action required by 
paragraph (g) of this AD, during each filling of the potable water 
system after the effective date of this AD, accomplish the temporary 
filling procedure, in accordance with the instructions in Saab 
Service Newsletter SN 2000-1304, Revision 01, dated September 10, 
2013, including Attachment 1 Engineering Statement to Operator 
2000PBS034334, Issue A, dated September 9, 2013.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, ANM-
116, International Branch, Transport Airplane Directorate, FAA, has 
the authority to approve AMOCs for this AD, if requested

[[Page 45340]]

using the procedures found in 14 CFR 39.19. In accordance with 14 
CFR 39.19, send your request to your principal inspector or local 
Flight Standards District Office, as appropriate. If sending 
information directly to the International Branch, send it to ATTN: 
Shahram Daneshmandi, Aerospace Engineer, International Branch, ANM-
116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., 
Renton, WA 98057-3356; telephone 425-227-1112; fax 425-227-1149. 
Information may be emailed to: [email protected]. 
Before using any approved AMOC, notify your appropriate principal 
inspector, or lacking a principal inspector, the manager of the 
local flight standards district office/certificate holding district 
office. The AMOC approval letter must specifically reference this 
AD.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA; or the 
European Aviation Safety Agency (EASA); or Saab AB, Saab 
Aerosystems' EASA Design Organization Approval (DOA). If approved by 
the DOA, the approval must include the DOA-authorized signature.

(j) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI) 
European Aviation Safety Agency Airworthiness Directive 2013-0172R1, 
dated September 6, 2013, for related information. This MCAI may be 
found in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0056-0002.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) Saab Service Bulletin 2000-38-010, dated July 12, 2013.
    (ii) Saab Service Newsletter SN 2000-1304, Revision 01, dated 
September 10, 2013, including Attachment 1 Engineering Statement to 
Operator 2000PBS034334 Issue A, dated September 9, 2013.
    (3) For service information identified in this AD, contact Saab 
AB, Saab Aerosystems, SE-581 88, Link[ouml]ping, Sweden; telephone 
+46 13 18 5591; fax +46 13 18 4874; email 
[email protected]; Internet http://www.saabgroup.com.
    (4) You may view this service information at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For 
information on the availability of this material at the FAA, call 
425-227-1221.
    (5) You may view this service information that is incorporated 
by reference 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 July 13, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-17315 Filed 8-4-14; 8:45 am]
BILLING CODE 4910-13-P