[Federal Register Volume 89, Number 94 (Tuesday, May 14, 2024)]
[Proposed Rules]
[Pages 41903-41906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09513]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-1293; Project Identifier MCAI-2023-01283-T]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2021-26-05, which applies to all Saab AB Model SAAB 2000 airplanes. AD 
2021-26-05 requires revising the existing maintenance or inspection 
program, as applicable, to incorporate new or more restrictive 
airworthiness limitations. Since the FAA issued AD 2021-26-05, the FAA 
has determined that new or more restrictive airworthiness limitations 
are necessary. This proposed AD would continue to require certain 
actions in AD 2021-26-05 and require revising the existing maintenance 
or inspection program, as applicable, to incorporate new or more 
restrictive airworthiness limitations, as specified in a European Union 
Aviation Safety Agency (EASA) AD, which is proposed for incorporation 
by reference (IBR). The FAA is proposing this AD to address the unsafe 
condition on these products.

DATES: The FAA must receive comments on this NPRM by June 28, 2024.

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 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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2024-1293; 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 NPRM, the mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     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 EASA AD 
on the EASA website at ad.easa.europa.eu.
     You may view this service information 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. It is also available at 
regulations.gov under Docket No. FAA-2024-1293.

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

SUPPLEMENTARY INFORMATION: 

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2024-1293; Project Identifier 
MCAI-2023-01283-T'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
the proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each substantive verbal 
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this NPRM contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this NPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this NPRM. Submissions containing CBI should be sent to 
Shahram Daneshmandi, Aviation Safety Engineer, FAA, 1600 Stewart 
Avenue, Suite 410, Westbury, NY 11590; phone: 206-231-3220; email: 
[email protected]. Any commentary that the FAA receives that 
is not specifically designated as CBI will be placed in the public 
docket for this rulemaking.

Background

    The FAA issued AD 2021-26-05, Amendment 39-21863 (87 FR 1335, 
January 11, 2022) (AD 2021-26-05), for all Saab AB, Support and 
Services Model SAAB 2000 airplanes. AD 2021-26-05 was prompted by an 
MCAI originated by the European Union Aviation Safety Agency (EASA), 
which is the Technical Agent for the Member States of the European 
Union. EASA issued AD 2021-0132, dated May 25, 2021 (EASA AD 2021-0132) 
(which corresponds to FAA AD 2021-26-05), to correct an unsafe 
condition.
    AD 2021-26-05 requires revising the existing maintenance or 
inspection program, as applicable, to incorporate new or more 
restrictive airworthiness limitations. The FAA issued AD 2021-26-05 to 
address, among other things, fatigue cracking of principal structural 
elements (PSEs) and corrosion prevention and control. This unsafe 
condition, if not addressed, could result in reduced structural 
integrity of a PSE, and lead to loss of control of the airplane.

Actions Since AD 2021-26-05 Was Issued

    Since the FAA issued AD 2021-26-05, EASA superseded AD 2021-0132, 
and issued EASA AD 2023-0220, dated December 21, 2023 (EASA AD 2023-
0220) (referred to after this as the MCAI) for all Saab AB Model SAAB 
2000

[[Page 41904]]

airplanes. The MCAI states new or more restrictive airworthiness 
limitations have been developed.
    The FAA is proposing this AD to address among other things, fatigue 
cracking of PSEs and corrosion prevention and control. This unsafe 
condition, if not addressed, could result in reduced structural 
integrity of a PSE, and lead to loss of control of the airplane.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2024-1293.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed EASA AD 2023-0220. This service information 
specifies new or more restrictive airworthiness limitations for 
airplane structures and safe life limits.
    This proposed AD would also require EASA AD 2021-0132, which the 
Director of the Federal Register approved for incorporation by 
reference as of February 15, 2022 (87 FR 1335, January 11, 2022).
    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.

FAA's Determination

    This product has been approved by the aviation authority of another 
country and is approved for operation in the United States. Pursuant to 
the FAA's bilateral agreement with this State of Design Authority, it 
has notified the FAA of the unsafe condition described in the MCAI 
referenced above. The FAA is issuing this NPRM after determining that 
the unsafe condition described previously is likely to exist or develop 
on other products of the same type design.

Proposed Requirements of This NPRM

    This proposed AD would retain certain requirements of AD 2021-26-
05. This proposed AD would also require revising the existing 
maintenance or inspection program, as applicable, to incorporate new or 
more restrictive airworthiness limitations, which are specified in EASA 
AD 2023-0220 described previously, as incorporated by reference. Any 
differences with EASA AD 2023-0220 are identified as exceptions in the 
regulatory text of this AD.
    This proposed AD would require revisions to certain operator 
maintenance documents to include new actions (e.g., inspections) and 
Critical Design Configuration Control Limitations (CDCCLs). Compliance 
with these actions and CDCCLs is required by 14 CFR 91.403(c). For 
airplanes that have been previously modified, altered, or repaired in 
the areas addressed by this proposed AD, the operator may not be able 
to accomplish the actions described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must request 
approval for an alternative method of compliance (AMOC) according to 
paragraph (m)(1) of this proposed AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA developed a process to use some civil aviation 
authority (CAA) ADs as the primary source of information for compliance 
with requirements for corresponding FAA ADs. The FAA has been 
coordinating this process with manufacturers and CAAs. As a result, the 
FAA proposes to retain the IBR of EASA AD 2021-0132 and incorporate 
EASA AD 2023-0220 by reference in the FAA final rule. This proposed AD 
would, therefore, require compliance with EASA AD 2021-0132 and EASA AD 
2023-0220 through that incorporation, except for any differences 
identified as exceptions in the regulatory text of this proposed AD. 
Using common terms that are the same as the heading of a particular 
section in EASA AD 2021-0132 or EASA AD 2023-0220 does not mean that 
operators need comply only with that section. For example, where the AD 
requirement refers to ``all required actions and compliance times,'' 
compliance with this AD requirement is not limited to the section 
titled ``Required Action(s) and Compliance Time(s)'' in EASA AD 2021-
0132 or EASA AD 2023-0220. Service information required by EASA AD 
2021-0132 and EASA AD 2023-0220 for compliance will be available at 
regulations.gov by searching for and locating Docket No. FAA-2024-1293 
after the FAA final rule is published.

Airworthiness Limitation ADs Using the New Process

    The FAA's process of incorporating by reference MCAI ADs as the 
primary source of information for compliance with corresponding FAA ADs 
has been limited to certain MCAI ADs (primarily those with service 
bulletins as the primary source of information for accomplishing the 
actions required by the FAA AD). However, the FAA is now expanding the 
process to include MCAI ADs that require a change to airworthiness 
limitation documents, such as airworthiness limitation sections.
    For these ADs that incorporate by reference an MCAI AD that changes 
airworthiness limitations, the FAA requirements are unchanged. 
Operators must revise the existing maintenance or inspection program, 
as applicable, to incorporate the information specified in the new 
airworthiness limitation document. The airworthiness limitations must 
be followed according to 14 CFR 91.403(c) and 91.409(e).
    The previous format of the airworthiness limitation ADs included a 
paragraph that specified that no alternative actions (e.g., 
inspections), intervals, or CDCCLs may be used unless the actions, 
intervals, and CDCCLs are approved as an alternative method of 
compliance (AMOC) in accordance with the procedures specified in the 
AMOCs paragraph under ``Other FAA Provisions.'' This new format 
includes a ``New Provisions for Alternative Actions, Intervals, and 
CDCCLs'' paragraph that does not specifically refer to AMOCs, but 
operators may still request an AMOC to use an alternative action, 
interval, or CDCCL.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 9 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:
    The FAA estimates the total cost per operator for the retained 
actions from AD 2021-26-05 to be $7,650 (90 work-hours x $85 per work-
hour).
    The FAA has determined that revising the maintenance or inspection 
program takes an average of 90 work-hours per operator, although the 
agency recognizes that this number may vary from operator to operator. 
Since operators incorporate maintenance or inspection program changes 
for their affected fleet(s), the FAA has determined that a per-operator 
estimate is more accurate than a per-airplane estimate. Therefore, the 
agency estimates the average total cost per operator to be $7,650 (90 
work-hours x $85 per work-hour).
    The FAA estimates the total cost per operator for the new proposed 
actions to be $7,650 (90 work-hours x $85 per work-hour).

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.

[[Page 41905]]

    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 because it addresses an unsafe condition that is likely to 
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    The FAA 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) Would not affect intrastate aviation in Alaska, and
    (3) Would 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:
0
a. Removing Airworthiness Directive 2021-26-05, Amendment 39-21863 (87 
FR 1335, January 11, 2022); and
0
b. Adding the following new airworthiness directive:

Saab AB (Formerly Known as Saab AB, Support and Services): Docket 
No. FAA-2024-1293; Project Identifier MCAI-2023-01283-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by June 28, 2024.

(b) Affected ADs

    This AD replaces AD 2021-26-05, Amendment 39-21863 (87 FR 1335, 
January 11, 2022) (AD 2021-26-05).

(c) Applicability

    This AD applies to all Saab AB (formerly known as Saab AB, 
Support and Services) Model SAAB 2000 airplanes, certificated in any 
category.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Reason

    This AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. The FAA is 
issuing this AD to address among other things, fatigue cracking of 
principal structural elements (PSEs) and corrosion prevention and 
control. The unsafe condition, if not addressed, could result in 
reduced structural integrity of a PSE, and lead to loss of control 
of the airplane.

(f) Compliance

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

(g) Retained Revision of the Existing Maintenance or Inspection 
Program, With a New Terminating Action

    This paragraph restates the requirements of paragraph (j) of AD 
2021-26-05, with a new terminating action. Except as specified in 
paragraph (h) of this AD: Comply with all required actions and 
compliance times specified in, and in accordance with, European 
Union Aviation Safety Agency (EASA) AD 2021-0132, dated May 25, 2021 
(EASA AD 2021-0132). Accomplishing the revision of the existing 
maintenance or inspection program required by paragraph (j) of this 
AD terminates the requirements of this paragraph.

(h) Retained Exceptions to EASA AD 2021-0132, With No Changes

    This paragraph restates the requirements of paragraph (h) of AD 
2021-26-05, with no changes.
    (1) The requirements specified in paragraphs (1) and (2) of EASA 
AD 2021-0132 do not apply to this AD.
    (2) Paragraph (3) of EASA AD 2021-0132 specifies revising ``the 
approved AMP [aircraft maintenance program]'' within 12 months after 
its effective date, but this AD requires revising the existing 
maintenance or inspection program, as applicable, to incorporate the 
``limitations, tasks and associated thresholds and intervals'' 
specified in paragraph (3) of EASA AD 2021-0132 within 90 days after 
February 15, 2022 (the effective date of AD 2021-26-05).
    (3) The initial compliance time for doing the tasks specified in 
paragraph (3) of EASA AD 2021-0132 is at the applicable ``associated 
thresholds'' specified in paragraph (3) of EASA AD 2021-0132, or 
within 90 days after February 15, 2022 (the effective date of AD 
2021-26-05), whichever occurs later.
    (4) The provisions specified in paragraphs (4) and (5) of EASA 
AD 2021-0132 do not apply to this AD.
    (5) The ``Remarks'' section of EASA AD 2021-0132 does not apply 
to this AD.

(i) Retained Restrictions on Alternative Actions, Intervals, and 
Critical Design Configuration Control Limitations (CDCCLs), With a New 
Exception

    This paragraph restates the requirements of paragraph (l) of AD 
2021-26-05, with a new exception. Except as required by paragraph 
(j) of this AD, after the maintenance or inspection program has been 
revised as required by paragraph (g) of this AD, no alternative 
actions (e.g., inspections), intervals, and CDCCLs are allowed 
unless they are approved as specified in the provisions of the 
``Ref. Publications'' section of EASA AD 2021-0132.

(j) New Revision of the Existing Maintenance or Inspection Program

    Except as specified in paragraph (k) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, EASA AD 2023-0220, dated December 21, 2023 (EASA AD 
2023-0220). Accomplishing the revision of the existing maintenance 
or inspection program required by this paragraph terminates the 
requirements of paragraph (g) of this AD.

(k) Exceptions to EASA AD 2023-0220

    (1) This AD does not adopt the requirements specified in 
paragraphs (1) and (2) of EASA AD 2023-0220.
    (2) Paragraph (3) of EASA AD 2023-0220 specifies revising ``the 
AMP'' within 12 months after its effective date, but this AD 
requires revising the existing maintenance or inspection program, as 
applicable, within 90 days after the effective date of this AD.
    (3) The initial compliance time for doing the tasks specified in 
paragraph (3) of EASA AD 2023-0220 is at the applicable 
``limitations'' and ``associated thresholds'' as incorporated by the 
requirements of paragraph (3) of EASA AD 2023-0220, or within 90 
days after the effective date of this AD, whichever occurs later.
    (4) This AD does not adopt the provisions specified in 
paragraphs (4) and (5) of EASA AD 2023-0220.
    (5) This AD does not adopt the ``Remarks'' section of EASA AD 
2023-0220.

(l) New No Alternative Actions, Intervals, or CDCCLs

    After the existing maintenance or inspection program has been 
revised as required by paragraph (j) of this AD, no alternative 
actions (e.g., inspections), intervals, or CDCCLs are allowed unless 
they are approved as specified in the provisions of the ``Ref. 
Publications'' section of EASA AD 2023-0220.

(m) Additional AD Provisions

    The following provisions also apply to this AD:

[[Page 41906]]

    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Validation Branch, 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 responsible Flight Standards Office, as 
appropriate. If sending information directly to the manager of the 
International Validation Branch, mail it to the address identified 
in paragraph (n) of this AD. 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 responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain instructions from a manufacturer, the instructions must be 
accomplished using a method approved by the Manager, International 
Validation Branch, FAA; or EASA; or Saab AB's EASA Design 
Organization Approval (DOA). If approved by the DOA, the approval 
must include the DOA-authorized signature.

(n) Additional Information

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

(o) 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.
    (3) The following service information was approved for IBR on 
June 18, 2024.
    (i) European Union Aviation Safety Agency (EASA) AD 2023-0220, 
dated December 21, 2023.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on 
February 15, 2022 (87 FR 1335, January 11, 2022).
    (i) European Union Aviation Safety Agency (EASA) AD 2021-0132, 
dated May 25, 2021.
    (ii) [Reserved]
    (5) For EASA AD 2023-0220 and EASA AD 2021-0132, contact EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
8999 000; email [email protected]; website easa.europa.eu. You may 
find these EASA ADs on the EASA website at ad.easa.europa.eu.
    (6) You may view this service information 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.
    (7) You may view this material at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations, or email [email protected].

    Issued on April 26, 2024.
James D. Foltz,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-09513 Filed 5-13-24; 8:45 am]
 BILLING CODE 4910-13-P