[Federal Register Volume 79, Number 155 (Tuesday, August 12, 2014)]
[Proposed Rules]
[Pages 47025-47028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-19018]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 79, No. 155 / Tuesday, August 12, 2014 / 
Proposed Rules  

[[Page 47025]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0460; Directorate Identifier 2012-NM-222-AD]
RIN 2120-AA64


Airworthiness Directives; Saab AB, Saab Aerosystems 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 proposed airworthiness directive 
(AD) for all Saab AB, Saab Aerosystems Model 340B airplanes. The NPRM 
proposed to require an inspection of the stick pusher rigging and an 
adjustment to the correct setting if necessary. The NPRM was prompted 
by a report that the elevator position quoted in an aircraft 
maintenance manual is incorrect and a report that the trunnion at the 
lower part of the control column was installed incorrectly. This action 
revises the NPRM by proposing to require an inspection of the 
installation of the trunnion and the stick pusher rigging, and 
corrective actions if necessary. We are proposing this AD to correct 
the rigging of the elevator position of the stick pusher to reduce the 
probability of a negative effect on the handling quality during stall, 
which could result in reduced controllability of the airplane. Since 
these actions impose an additional burden over that proposed in the 
NPRM and at the request of a commenter, we are reopening the comment 
period to allow the public the chance to comment on these proposed 
changes.

DATES: We must receive comments on this proposed AD by September 26, 
2014.

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 W12-140, 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 AB, Saab Aeronautics, 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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2013-
0460; 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 proposed AD, the regulatory evaluation, any comments 
received, and other information. The street address for the Docket 
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, WA 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-2013-0460; 
Directorate Identifier 2012-NM-222-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.regulationsgov, 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 issued an NPRM to amend 14 CFR part 39 by adding an AD that 
would apply to all Saab AB, Saab Aerosystems Model 340B airplanes. The 
NPRM published in the Federal Register on June 3, 2013 (78 FR 33010). 
The NPRM proposed to require actions intended to correct the rigging of 
the elevator position of the stick pusher to reduce the probability of 
a negative effect on the handling quality during stall, which could 
result in reduced controllability of the airplane.

Actions Since Previous NPRM (78 FR 33010, June 3, 2013) Was Issued

    Since we issued the NPRM (78 FR 33010, June 3, 2013), it has been 
reported that on some airplanes, during implementation of Saab Service 
Bulletin 340-27-105, Revision 01, dated August 31, 2012, the trunnion 
at the lower part of the control column was installed incorrectly, 
which prevented proper inspection of the stick pusher rigging.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2013-0253, dated October 18, 2013 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for the specified 
products. The MCAI states:

    The standard stick pusher maximum elevator position of a SAAB 
340B, prior to delivery, is set at 7.5 degrees trailing edge down. 
It was recently discovered that this value has been incorrectly 
referenced in the SAAB 340B Aircraft Maintenance Manual (AMM), which 
quotes an elevator position of 4 degrees trailing edge down for all 
aeroplanes, which is the correct value for SAAB SF340A aeroplanes 
only.

[[Page 47026]]

    If a SAAB 340B aeroplane has been re-rigged in accordance with 
current AMM procedure, there is a possibility that the deflection of 
the elevator will be less than intended.
    This condition, if not corrected, will affect the stall 
characteristics on the outer part of the envelope at maximum flap 
setting and aft centre of gravity (CG) configuration, possibly 
resulting in reduced control of the aeroplane.
    To address this potential unsafe condition, SAAB AB Aeronautics 
issued Service Bulletin (SB) 340-27-105 to reduce the probability of 
a negative effect on the handling quality during stall. 
Consequently, EASA issued AD 2012-0256 [http://www.regulations.gov/#!documentDetail;D=FAA-2013-0460-0002] to require a one-time 
inspection of the stick pusher rigging and, depending on findings, 
adjustment to the correct setting.
    Since that [EASA] AD was issued, it has been reported that on 
some aeroplanes, during implementation of SB 340-27-105, the 
trunnion at the lower part of the control column was incorrectly 
installed. This prevents proper inspection of the stick pusher 
rigging.
    Prompted by this finding, SAAB issued SB 340-27-115 with 
instructions for all aeroplanes, regardless whether SB 340-27-105 
has been accomplished or not.
    For the reasons described above, this AD retains the 
requirements of EASA AD 2012-0256, which is superseded, but requires 
the use of the improved and expanded instructions specified in SAAB 
SB 340-27-115.

    The required actions include a detailed inspection of the 
installation of the trunnion at the lower part of the control column 
and the stick pusher rigging, and corrective actions if necessary. 
Corrective actions include adjusting to the correct setting, and 
repair. You may examine the MCAI in the AD docket on the Internet at 
http://www.regulations.gov by searching for and locating Docket No. 
FAA-2013-0460.

Relevant Service Information

    Saab AB, Saab Aerosystems has issued Service Bulletin 340-27-115, 
dated July 19, 2013. The actions described in this service information 
are intended to correct the unsafe condition identified in the MCAI.

Comments

    We gave the public the opportunity to comment on the NPRM (78 FR 
33010, June 3, 2013). The following presents the comment received on 
the NPRM and the FAA's response to each comment.

Request To Delay Issuance of AD

    Saab AB, Saab Aerosystems (Saab) requested that the issuance of the 
final rule be delayed until new service information is introduced.
    As stated previously, Saab Service Bulletin 340-27-115, dated July 
19, 2013, has been issued, which supersedes Saab Service Bulletin 340-
27-114, dated July 8, 2013; and Saab Service Bulletin 340-27-105, 
Revision 01, dated August 31, 2012. We have revised paragraphs (g) and 
(h) of this SNPRM to refer to Saab Service Bulletin 340-27-115, dated 
July 19, 2013, as the appropriate source of service information for the 
proposed requirements.

FAA's Determination and Requirements of This SNPRM

    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.
    Certain changes described above expand the scope of the NPRM (78 FR 
33010, June 3, 2013). 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 SNPRM.

``Contacting the Manufacturer'' Paragraph in This SNPRM

    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 an NPRM having Directorate Identifier 2012-NM-101-AD (78 FR 
78285, December 26, 2013), 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 the 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.
    One commenter to the NPRM having Directorate Identifier 2012-NM-
101-AD (78 FR 78285, December 26, 2013) 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 the paragraph and retitled 
it ``Contacting the Manufacturer.'' This paragraph now clarifies that 
for any requirement in this SNPRM to obtain corrective actions from a 
manufacturer, the actions 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 do not contain the DOA-authorized signature approval are not EASA-
approved, unless EASA

[[Page 47027]]

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.
    We also have decided not to include a generic reference to either 
the ``delegated agent'' or ``design approval holder (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 throughout this SNPRM.

Costs of Compliance

    We estimate that this SNPRM affects 109 airplanes of U.S. registry.
    We estimate that it would take about 12 work-hours per product to 
comply with the basic requirements of this SNPRM. The average labor 
rate is $85 per work-hour. Required parts would cost about $10 per 
product. Based on these figures, we estimate the cost of this SNPRM on 
U.S. operators to be $112,270, or $1,030 per product.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to penalty for 
failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act unless that collection of 
information displays a current valid OMB control number. The control 
number for the collection of information required by this proposed AD 
is 2120-0056. The paperwork cost associated with this AD has been 
detailed in the Costs of Compliance section of this document and 
includes time for reviewing instructions, as well as completing and 
reviewing the collection of information. Therefore, all reporting 
associated with this AD is mandatory. Comments concerning the accuracy 
of this burden and suggestions for reducing the burden should be 
directed to the FAA at 800 Independence Ave. SW., Washington, DC 20591, 
ATTN: Information Collection Clearance Officer, AES-200.

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);
    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.

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, the FAA proposes to amend 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. Amend Sec.  39.13 by adding the following new airworthiness 
directive (AD):

Saab AB, Saab Aerosystems: Docket No. FAA-2013-0460; Directorate 
Identifier 2012-NM-222-AD.

(a) Comments Due Date

    We must receive comments by September 26, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Saab AB, Saab Aerosystems Model 340B 
airplanes, certificated in any category, all serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight 
controls.

(e) Reason

    This AD was prompted by a report that the elevator position 
quoted in an aircraft maintenance manual is incorrect and a report 
that the trunnion at the lower part of the control column was 
installed incorrectly. We are issuing this AD to correct the rigging 
of the elevator position of the stick pusher to reduce the 
probability of a negative effect on the handling quality during 
stall, which could result in reduced controllability of the 
airplane.

(f) Compliance

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

(g) Inspection

    Within 24 months after the effective date of this AD, do a 
detailed inspection of the installation of the trunnion at the lower 
part of the control column and the stick pusher rigging, in 
accordance with the Accomplishment Instructions of Saab Service 
Bulletin 340-27-115, dated July 19, 2013.

(h) Corrective Actions

    If, during the inspection required by paragraph (g) of this AD, 
an incorrect setting of the stick pusher maximum elevator position 
is found, or if the trunnion at the lower part of the control column 
is installed incorrectly, before further flight, accomplish all 
applicable corrective actions, in accordance with the Accomplishment 
Instructions of Saab Service Bulletin 340-27-115, dated July 19, 
2013; except where Saab Service Bulletin 340-27-115, dated July 19, 
2013, specifies to contact SAAB for corrective action, repair before 
further flight, using a method approved by the Manager, 
International Branch, ANM-116, Transport

[[Page 47028]]

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.

(i) Reporting Requirement

    After accomplishing the corrective action as required by 
paragraph (h) of this AD, record any incorrect rigging value that 
was detected and send a report to: Saab AB, Business Area Support 
and Services, Air Division, Technical Support email: 
[email protected] Fax: +46 (0) 13 18 48 74, at the 
applicable time specified in paragraph (i)(1) or (i)(2) of this AD.
    (1) If the corrective action was done on or after the effective 
date of this AD: Submit the report within 30 days after 
accomplishing the corrective action.
    (2) If the corrective action was done before the effective date 
of this AD: Submit the report within 30 days after the effective 
date of this AD.

(j) 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 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.
    (3) Reporting Requirements: A federal agency may not conduct or 
sponsor, and a person is not required to respond to, nor shall a 
person be subject to a penalty for failure to comply with a 
collection of information subject to the requirements of the 
Paperwork Reduction Act unless that collection of information 
displays a current valid OMB Control Number. The OMB Control Number 
for this information collection is 2120-0056. Public reporting for 
this collection of information is estimated to be approximately 5 
minutes per response, including the time for reviewing instructions, 
completing and reviewing the collection of information. All 
responses to this collection of information are mandatory. Comments 
concerning the accuracy of this burden and suggestions for reducing 
the burden should be directed to the FAA at: 800 Independence Ave. 
SW., Washington, DC 20591, Attn: Information Collection Clearance 
Officer, AES-200.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA Airworthiness Directive 2013-0253, dated October 18, 
2013, for related information. This MCAI may be found in the AD 
docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2013-0460-0002.
    (2) For service information identified in this AD, contact Saab 
AB, Saab Aeronautics, 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.

    Issued in Renton, Washington, on August 1, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-19018 Filed 8-11-14; 8:45 am]
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