[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]
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