[Federal Register Volume 89, Number 76 (Thursday, April 18, 2024)]
[Rules and Regulations]
[Pages 27651-27652]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08153]



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 Rules and Regulations
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  Federal Register / Vol. 89 , No. 76 / Thursday, April 18, 2024 / 
Rules and Regulations  

[[Page 27651]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-0220; Project Identifier MCAI-2023-00760-T; 
Amendment 39-22733; AD 2023-13-07R1]
RIN 2120-AA64


Airworthiness Directives; Saab AB, Support and Services (Formerly 
Known as Saab AB, Saab Aeronautics) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; removal.

-----------------------------------------------------------------------

SUMMARY: The FAA is removing Airworthiness Directive (AD) 2023-13-07, 
which applied to certain Saab AB, Support and Services Model SAAB 340B 
airplanes. AD 2023-13-07 required amending the applicable airplane 
flight manual (AFM) by incorporating a temporary revision (TR) to 
reduce the maximum take-off weight (MTOW). The FAA issued AD 2023-13-07 
to address the possibility of flight in an uncertified envelope, which 
could result in reduced structural capability and reduced 
controllability of the airplane. Since the FAA issued AD 2023-13-07, a 
determination was made that affected airplanes can be safely operated 
up to the initially published MTOW. Accordingly, AD 2023-13-07 is 
removed.

DATES: This AD becomes effective April 18, 2024.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2024-0220; or in person at Docket Operations between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD 
docket contains this final rule, the mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
address for Docket Operations is U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue SE, Washington, DC 20590.
    Related Service Information:
     For EASA material, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
[email protected]; website easa.europa.eu. You may find this material 
on the EASA website at ad.easa.europa.eu.
     You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 2200 South 216th St., Des 
Moines, WA. For information on the availability of this material at the 
FAA, call 206-231-3195.

FOR FURTHER INFORMATION CONTACT: Shahram Daneshmandi, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 206-231-3220; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by removing AD 2023-13-07, Amendment 39-22492 (88 FR 43052, 
July 6, 2023) (AD 2023-13-07). AD 2023-13-07 applied to certain Saab 
AB, Support and Services Model SAAB 340B airplane. The NPRM was 
published in the Federal Register on February 9, 2024 (89 FR 9077). AD 
2023-13-07 was prompted by AD 2023-0121, dated June 12, 2023 (EASA AD 
2023-0121) (also referred to as the MCAI), issued by the European Union 
Aviation Safety Agency (EASA), which is the Technical Agent for the 
Member States of the European Union. The NPRM was prompted by EASA 
issuing AD Cancellation Notice 2023-0121-CN, dated December 8, 2023 
(EASA AD Cancellation Notice 2023-0121-CN), to cancel EASA AD 2023-
0121. EASA AD Cancellation Notice 2023-0121-CN states that since EASA 
AD 2023-0121 was issued, Saab provided evidence that affected airplanes 
can be safely operated up to the initially published MTOW of 30,000 
pounds. The NPRM proposed to remove AD 2023-13-07. The FAA is issuing 
this AD to remove AD 2023-13-07.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of 
the cost to the public.

Justification for Immediate Adoption and Determination of the Effective 
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and 
comment procedures for rules when the agency, for ``good cause,'' finds 
that those procedures are ``impracticable, unnecessary, or contrary to 
the public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without providing notice and seeking 
comment prior to issuance. Further, section 553(d) of the APA 
authorizes agencies to make rules effective in less than 30 days, upon 
a finding of good cause.
    Since the FAA issued AD 2023-13-07, Saab provided evidence 
demonstrating that affected airplanes can be operated safely up to the 
initially published MTOW of 30,000 pounds. Therefore, the FAA is 
issuing this AD to remove AD 2023-13-07, and the FAA did not receive 
any adverse comments or useful information about this AD from U.S. 
operators that necessitates waiting 30 days for relief from this 
requirement. Accordingly, the FAA finds that good cause exists pursuant 
to 5 U.S.C. 553(d) for making this amendment effective in less than 30 
days.

Conclusion

    The FAA reviewed the relevant data and determined that air safety 
requires adopting this AD as proposed. Except for minor editorial 
changes, this AD is adopted as proposed in the NPRM. None of the 
changes will increase the economic burden on any operator.
    This AD removes all actions of AD 2023-13-07. Therefore, the 
requirements of AD 2023-13-07 are terminated.

Related Costs of Compliance

    This AD adds no costs. This AD removes AD 2023-13-07 from 14 CFR 
part 39; therefore, operators are no longer required to show compliance 
with that AD.

[[Page 27652]]

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.
    The FAA is 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.

Regulatory Findings

    The FAA 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) Will not affect intrastate aviation in Alaska, 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.

List of Subjects in 14 CFR Part 39

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

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:
0
a. Removing Airworthiness Directive (AD) 2023-13-07, Amendment 39-22492 
(88 FR 43052, July 6, 2023), and
0
b. Adding the following new AD:

2023-13-07R1 Saab AB, Support and Services (formerly known as Saab 
AB, Saab Aeronautics): Amendment 39-22733; Docket No. FAA-2024-0220; 
Project Identifier MCAI-2023-00760-T.

(a) Effective Date

    This AD is effective April 18, 2024.

(b) Affected AD

    This AD replaces AD 2023-13-07, Amendment 39-22492 (88 FR 43052, 
July 6, 2023) (AD 2023-13-07).

(c) Applicability

    This AD applies to Saab AB, Support and Services (formerly known 
as Saab AB, Saab Aeronautics) Model SAAB 340B airplanes, 
certificated in any category, as identified in European Union 
Aviation Safety Agency (EASA) AD 2023-0121, dated June 13, 2023: 
airplanes not having SAAB modification 2571 (extended wingtip 
modification) embodied and having GE Aviation Systems LTD (Dowty 
Propellers) installed.

(d) Subject

    Air Transport Association (ATA) of America Code 51, Standard 
practices/structures.

(e) Terminating Action

    This AD terminates all requirements of AD 2023-13-07.

(f) Related Information

    For more information about this AD, contact Shahram Daneshmandi, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 206-231-3220; email 
[email protected].

(g) Material Incorporated by Reference

    None.

    Issued on April 11, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-08153 Filed 4-17-24; 8:45 am]
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