[Federal Register Volume 81, Number 133 (Tuesday, July 12, 2016)]
[Proposed Rules]
[Pages 45072-45075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15927]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-6544; Directorate Identifier 2014-NM-198-AD]
RIN 2120-AA64


Airworthiness Directives; Saab AB, Saab Aeronautics (Formerly 
Known as 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 certain Saab AB, Saab Aeronautics Model 340A (SAAB/SF340A) and 
SAAB 340B airplanes. The NPRM proposed to supersede AD 2012-24-06. AD 
2012-24-06 currently requires replacing the stall warning computer 
(SWC) with a new SWC that provides an artificial stall warning in icing 
conditions, and modifying the airplane for the replacement of the SWC. 
The NPRM was prompted by a determination that airplanes with certain 
modifications were excluded from the applicability in AD 2012-24-06, 
and are affected by the identified unsafe condition; and the SWC 
required by AD 2012-24-06 contained erroneous logic. This action 
revises the NPRM by reducing the compliance time for replacing the 
SWCs. We are proposing this supplemental NPRM (SNPRM) to prevent 
natural stall events during operation in icing conditions, which could 
result in loss of control of the airplane. Since this compliance time 
reduction imposes an additional burden to operators, 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 SNPRM by August 26, 2016.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, 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 SNPRM, 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-2015-
6544; 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

[[Page 45073]]

to an address listed under the ADDRESSES section. Include ``Docket No. 
FAA-2015-6544; Directorate Identifier 2014-NM-198-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 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 
Aeronautics Model 340A (SAAB/SF340A) and SAAB 340B airplanes. The NPRM 
published in the Federal Register on December 17, 2015 (80 FR 78699) 
(``the NPRM''). The NPRM proposed to supersede AD 2012-24-06, Amendment 
39-17276 (77 FR 73279, December 10, 2012) (``AD 2012-24-06''). AD 2012-
24-06 currently requires replacing the SWC with a new SWC that provides 
an artificial stall warning in icing conditions, and modifying the 
airplane for the replacement of the SWC. The NPRM was prompted by a 
determination that airplanes with certain modifications were excluded 
from the applicability in AD 2012-24-06, and are affected by the 
identified unsafe condition; and the SWC required by AD 2012-24-06 
contained erroneous logic. The NPRM proposed to add airplanes to the 
applicability, and would add requirements to replace the existing SWCs 
with new, improved SWCs and modify the airplane for the new replacement 
of the SWC.

Actions Since Previous NPRM Was Issued

    Since we issued the NPRM, we have determined that the compliance 
time for replacing the SWCs must be reduced to ensure the unsafe 
condition is addressed prior to the beginning of icing season after 
publication of the AD. We have determined that parts are available to 
support the reduced compliance time.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA 
Airworthiness Directive 2014-0218, dated September 29, 2014 (referred 
to after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition on certain Saab AB, Saab 
Aeronautics Model 340A (SAAB/SF340A) and SAAB 340B airplanes. The MCAI 
states:

    A few natural stall events, specifically when operating in icing 
conditions, have been experienced on SAAB 340 series aeroplanes, 
without receiving a prior stall warning.
    This condition, if not corrected, could result in loss of 
control of the aeroplane.
    To address this potential unsafe condition, SAAB developed a 
modified stall warning system, incorporating improved stall warning 
logic, and issued Service Bulletin (SB) 340-27-098 and SB 340-27-
099, providing instructions to replace the Stall Warning Computer 
(SWC) with a new SWC, and instructions to activate the new SWC. The 
new system included stall warning curves optimized for operation in 
icing conditions, which are activated by selection of Engine Anti-
Ice.
    Consequently, EASA issued AD 2011-0219 [http://ad.easa.europa.eu/ad/2011-0219, which corresponds to FAA AD 2012-24-
06] to require installation of the improved SWC.
    After that [EASA] AD was issued, in-service experience with the 
improved stall warning system revealed cases of premature stall 
warning activation during the take-off phase. In numerous recorded 
cases, the onset of stall warning occurred without the 6 minute 
delay after weight off wheels.
    This condition, if not corrected, could lead to premature stick 
shaker activation and consequent increase in pilot workload during 
the take-off phase, possibly resulting in reduced control of the 
aeroplane.
    To correct this unsafe condition, EASA issued AD 2013-0254 
[http://ad.easa.europa.eu/ad/2013-0254] retaining the requirements 
of EASA AD 2011-0219, which was superseded, to require deactivation 
of the ice speed curves in the improved SWC on SAAB 340 aeroplanes, 
in accordance with SAAB SB 340-27-116.
    Since EASA AD 2013-0254 was issued, SAAB developed a technical 
solution to eliminate the premature activation of the stall warning 
ice curves and issued SB 340-27-120 (modification of the existing 
Stall Warning System installation), SB 340-27-121 (activation of 
improved SWC for aeroplanes with a basic wing tip) and SB 340-27-122 
(activation of improved SWC for aeroplanes with an extended wing 
tip). SAAB SB 340-27-120 provides modification and installation 
instructions valid for pre- and post-SB 340-27-097, 340-27-098, SB 
340-27-099 and SB 340-27-116 aeroplanes. For aeroplanes modified in 
accordance with SAAB AB mod. No. 2650 and/or mod. No. 2859 which are 
no longer registered in Canada, SAAB AB issued SAAB AB SB 340-27-109 
to provide modification and installation instructions to remove the 
ice speed curve function.
    For the reasons described above, this [EASA] AD retains the 
requirements of EASA AD 2013-0254, which is superseded, and requires 
modification of the Stall Warning and Identification System and 
replacement of the SWC with an improved unit.

    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-2015-
6544.

Related Service Information Under 1 CFR Part 51

    Saab AB, Saab Aeronautics has issued the following service 
information:
     Saab Service Bulletin 340-27-109, dated April 14, 2014.
     Saab Service Bulletin 340-27-116, dated October 18, 2013.
     Saab Service Bulletin 340-27-120, dated July 11, 2014.
     Saab Service Bulletin 340-27-121, dated July 11, 2014.
     Saab Service Bulletin 340-27-122, dated July 11, 2014.
    The service information describes procedures for deactivating the 
stall warning speed curves in the SWCs for certain airplanes; replacing 
the existing SWCs with new, improved SWCs; and modifying the airplane 
for the new replacement of the SWC. This service information is 
reasonably available because the interested parties have access to it 
through their normal course of business or by the means identified in 
the ADDRESSES section.

Comments

    We gave the public the opportunity to participate in developing 
this proposed AD. We considered the comments received.

Request To Reduce Compliance Time

    Saab asked that the compliance time in paragraph (h) of the 
proposed AD (in the NPRM) for replacement of the SWC be reduced from 12 
to 3 months. Saab stated that a global alternative method of compliance 
(AMOC) was issued by the FAA on September 4, 2014, with a compliance 
time of 18 months; therefore, operators should have scheduled 
replacement of the SWCs after the AMOC was issued. Saab also stated 
that the MCAI required compliance within 18 months after September 29, 
2014, and that time has expired. Saab added that reducing the 
compliance time to 3 months is more in line with the MCAI. In addition, 
Saab noted that all operators have ordered replacement SWCs, and Saab 
has those parts in stock and ready for delivery.
    We agree with the commenter's request to reduce the compliance 
time, for the reasons provided. We also note that reducing the 
compliance time will ensure that new SWCs are installed before the 
icing season begins. We have changed the compliance time in paragraph 
(h) of this proposed AD from 12 to 3 months accordingly.

[[Page 45074]]

Request To Correct Email Address

    Saab asked that the Saab email address in the proposed AD (in the 
NPRM) be corrected to specify the following: 
[email protected].
    We agree with the commenter's request. The email address for Model 
SAAB 2000 airplanes was inadvertently cited in the NPRM. We have 
corrected the address in the ADDRESSES section and in paragraph (l)(2) 
of this proposed AD.

Request To Use Later Revisions of Service Information

    Silver Airways asked if we could include subsequent revisions of 
the referenced service information for AD 2012-24-06.
    We do not agree with the commenter's request because this proposed 
AD does not require the service information referenced in AD 2012-24-
06. This proposed AD does refer to the latest available service 
information for the proposed actions. Referring to a specific service 
bulletin in an AD and using the phrase ``or later FAA-approved 
revisions'' violates Office of the Federal Register regulations for 
approving materials that are incorporated by reference. However, 
operators may request approval to use a later revision of the 
referenced service information as an AMOC under the provisions of 
paragraph (k)(1) of this proposed AD. We have not changed this final 
rule regarding this issue.

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 these 
same type designs.
    Certain changes described above expand the scope of the 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 SNPRM.

Costs of Compliance

    We estimate that this SNPRM affects 105 airplanes of U.S. registry.
    The actions that are required by AD 2012-24-06, and retained in 
this SNPRM, take about 78 work-hours per product, at an average labor 
rate of $85 per work-hour. Required parts cost about $33,000 per 
product. Based on these figures, the estimated cost of the actions that 
are required by AD 2012-24-06 is $39,630 per product.
    The new requirement of this SNPRM adds no additional economic 
burden.

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. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD) 
2012-24-06, Amendment 39-17276 (77 FR 73279, December 10, 2012), and 
adding the following new AD:

Saab AB, Saab Aeronautics: Docket No. FAA-2015-6544; Directorate 
Identifier 2014-NM-198-AD.

(a) Comments Due Date

    We must receive comments by August 26, 2016.

(b) Affected ADs

    This AD replaces AD 2012-24-06, Amendment 39-17276 (77 FR 73279, 
December 10, 2012) (``AD 2012-24-06'').

(c) Applicability

    This AD applies to Saab AB, Saab Aeronautics (formerly known as 
Saab AB, Saab Aerosystems) Model 340A (SAAB/SF340A) and SAAB 340B 
airplanes, certificated in any category, as identified in paragraphs 
(c)(1) and (c)(2) of this AD.
    (1) Model 340A (SAAB/SF340A) airplanes, serial numbers 004 
through 159 inclusive.
    (2) Model SAAB 340B airplanes, serial numbers 160 through 459 
inclusive, except serial numbers 170, 342, 362, 363, 367, 372, 379, 
385, 395, 405, 409, 431, 441, and 455.

(d) Subject

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

(e) Reason

    This AD was prompted by a determination that airplanes with 
certain modifications were excluded from the applicability in AD 
2012-24-06, and are affected by the identified unsafe condition; and 
the stall warning computer (SWC) required by AD 2012-24-06 contained 
erroneous logic. We are issuing this AD to prevent natural stall 
events during operation in icing conditions, which could result in 
loss of control of the airplane.

(f) Compliance

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

(g) Deactivation of Stall Speed Curves

    For airplanes identified in paragraphs (g)(1) and (g)(2) of this 
AD: Within 30 days after the effective date of this AD, do the 
deactivation specified in paragraph (g)(1) or (g)(2) of this AD, as 
applicable to airplane configuration, in accordance with the 
Accomplishment Instructions of Saab Service Bulletin 340-27-116, 
dated October 18, 2013.
    (1) For airplanes with a basic wing tip that has been modified 
using Saab Service Bulletin 340-27-098: Deactivate the stall speed 
curves in the SWC having part number (P/N) 0020AK6.

[[Page 45075]]

    (2) For airplanes with an extended wing tip that has been 
modified using Saab Service Bulletin 340-27-099: Deactivate the 
stall speed curves in the SWC having P/N 0020AK7.

(h) Replacement of SWCs

    Within 3 months after the effective date of this AD: Do the 
replacement specified in paragraph (h)(1) or (h)(2) of this AD, as 
applicable.
    (1) For airplanes with basic wing tips: Replace all SWCs with 
new, improved SWCs having P/N 0020AK6-1, in accordance with the 
Accomplishment Instructions of Saab Service Bulletin 340-27-121, 
dated July 11, 2014.
    (2) For airplanes with extended wing tips: Replace all SWCs with 
new, improved SWCs having P/N 0020AK7-1, in accordance with the 
Accomplishment Instructions of Saab Service Bulletin 340-27-122, 
dated July 11, 2014.

(i) Concurrent Modification

    Before or concurrently with the accomplishment of the applicable 
requirements of paragraph (h) of this AD, do the actions specified 
in paragraph (i)(1) or (i)(2) of this AD, as applicable to airplane 
configuration.
    (1) For airplanes on which either Saab AB Mod No. 2650 or Mod 
No. 2859 is not installed: Modify the stall warning and 
identification system, in accordance with the Accomplishment 
Instructions of Saab Service Bulletin 340-27-120, dated July 11, 
2014.
    (2) For airplanes on which either Saab AB Mod No. 2650 or Mod 
No. 2859 is installed, or on which both mods are installed: Modify 
the stall warning and identification system, in accordance with the 
Accomplishment Instructions of Saab Service Bulletin 340-27-109, 
dated April 14, 2014.

(j) Parts Installation Prohibitions

    After the replacement required by paragraph (h) of this AD, no 
person may install any SWC having P/N 0020AK, 0020AK1, 0020AK2, 
0020AK4, 0020AK6, 0020AK7, or 0020AK3 MOD 1, on any airplane.

(k) Other FAA AD Provisions

    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. 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 
Aeronautics' EASA Design Organization Approval (DOA). If approved by 
the DOA, the approval must include the DOA-authorized signature.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA Airworthiness Directive 2014-0218, dated September 29, 
2014, for related information. This MCAI may be found in the AD 
docket on the Internet at http://www.regulations.gov by searching 
for and locating Docket No. FAA-2015-6544.
    (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 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 June 23, 2016.
Dorr M. Anderson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-15927 Filed 7-11-16; 8:45 am]
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