Federal Register / Vol. 74, No. 154 / Wednesday, August 12, 2009 / Proposed Rules 40527 

requested using the procedures found in 14 

CFR 39.19. Send information to ATTN: 

William Bond, Aerospace Engineer, 

Propulsion Branch, ANM–140L, FAA, Los 

Angeles ACO, 3960 Paramount Boulevard, 

Lakewood, California 90712–4137; telephone 

(562) 627–5253; fax (562) 627–5210. 

(2) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. Before using any approved AMOC on 

any airplane to which the AMOC applies, 

notify your principal maintenance inspector 

(PMI) or principal avionics inspector (PAI), 

as appropriate, or lacking a principal 

inspector, your local Flight Standards District 

Office. The AMOC approval letter must 

specifically reference this AD. 

Issued in Renton, Washington, on August 

3, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–19265 Filed 8–11–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0134; Directorate 

Identifier 2008–NM–162–AD] 

RIN 2120–AA64 

Airworthiness Directives; Saab AB, 

Saab Aerosystems Model SAAB 340A 

(SAAB/SF340A) and SAAB 340B 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Supplemental notice of 

proposed rulemaking (NPRM); 

reopening of comment period. 

SUMMARY: We are revising an earlier 

NPRM for the products listed above. 

This action revises the earlier NPRM by 

expanding the scope. This proposed AD 

results from mandatory continuing 

airworthiness information (MCAI) 

originated by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

During 2008, two cases of main hydraulic 

accumulator failure were reported, one of 

which was caused by corrosion. Investigation 

has shown that a severe failure can occur to 

any of the four hydraulic accumulators 

which are installed in the hydraulic 

compartment. Either one of the two end parts 

on the accumulator may depart from the 

pressure vessel due to corrosion. This 

condition, if not corrected, is likely to 

degrade the functionality of the hydraulic 

system, possibly resulting in degradation or 

total loss of control of the landing gear, flap 

actuation and brakes. A severe failure during 

flight may even result in debris penetrating 

and exiting the fuselage outer skin. When 

such a failure occurs while the aeroplane is 

on the ground, as in the two reported cases, 

this may cause severe damage to the fuselage 

and result in injuries to persons nearby. 

* * * * * 

The proposed AD would require actions 

that are intended to address the unsafe 

condition described in the MCAI. 

DATES: We must receive comments on 

this proposed AD by September 8, 2009. 

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 

W12–40, 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 Aircraft 

AB, SAAB Aerosystems, SE–581 88, 

Linko ̈ping, Sweden; telephone +46 13 

18 5591; fax +46 13 18 4874; e-mail 

saab2000.techsupport@saabgroup.com; 

Internet http://www.saabgroup.com. 

You may review copies of the 

referenced service information at the 

FAA, Transport Airplane Directorate, 

1601 Lind Avenue, SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, 

call 425–227–1221 or 425–227–1152. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Operations office 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 Operations 

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, 

Washington 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–2009–0134; Directorate Identifier 

2008–NM–162–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 proposed to amend 14 CFR part 

39 with an earlier NPRM for the 

specified products, which was 

published in the Federal Register on 

February 18, 2009 (74 FR 7568). That 

earlier NPRM proposed to require 

actions intended to address the unsafe 

condition for the products listed above. 

Since that NPRM was issued, there 

was another report of main hydraulic 

accumulator failure, which occurred 

during final approach. The airplane was 

able to land safely, and there were no 

injuries reported. We have determined 

that it is necessary to reduce the 

compliance time specified in the NPRM 

for replacing the hydraulic accumulator 

from 24 to 12 months. 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA 

Airworthiness Directive 2008–0146R1, 

dated April 16, 2009 (referred to after 

this as ‘‘the MCAI’’), to correct an unsafe 

condition for the specified products. 

The revised MCAI states: 

During 2008, two cases of main hydraulic 

accumulator failure were reported, one of 

which was caused by corrosion. Investigation 

has shown that a severe failure can occur to 

any of the four hydraulic accumulators 

which are installed in the hydraulic 

compartment. Either one of the two end parts 

on the accumulator may depart from the 

pressure vessel due to corrosion. This 

condition, if not corrected, is likely to 

degrade the functionality of the hydraulic 

system, possibly resulting in degradation or 

total loss of control of the landing gear, flap 

actuation and brakes. A severe failure during 

flight may even result in debris penetrating 

and exiting the fuselage outer skin. When 

such a failure occurs while the aeroplane is 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
40528 Federal Register / Vol. 74, No. 154 / Wednesday, August 12, 2009 / Proposed Rules 

on the ground, as in the two reported cases, 

this may cause severe damage to the fuselage 

and result in injuries to persons nearby. 

Since [EASA] AD 2008–0146 was issued, 

one more case of main hydraulic accumulator 

failure has been reported, which occurred in 

flight during final approach. The aeroplane 

was able to land safely and there were no 

injuries reported on the aeroplane or on the 

ground. 

To address and correct this unsafe 

condition, a modified hydraulic accumulator 

has been developed, which is sealed between 

the barrel and the screw cap and between the 

screw cap and the end cap. 

For the reasons described above, this EASA 

AD requires the replacement of the affected 

hydraulic accumulators P/N (part number) 08 

8423 001 1 and P/N 08 8423 030 1, as 

identified in Saab SB (Service Bulletin) 340– 

29–023, with a modified hydraulic 

accumulator. 

This AD is revised to indicate that the 

accomplishment of SAAB SB 340–29–024 is 

another acceptable method to correct the 

unsafe condition. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

Saab has issued Service Bulletins 

340–29–023 and 340–29–024, both 

Revision 01, both dated April 3, 2009. 

The actions described in this service 

information are intended to correct the 

unsafe condition identified in the 

MCAI. 

Comments 

We have considered the following 

comments received on the earlier 

NPRM. 

Request To Reduce Compliance Time 

Tactair Fluid Controls Inc. 

recommends that we reduce the 

compliance time specified in the NPRM 

for replacing the hydraulic accumulator 

from 24 to 12 months. Tactair states that 

the 24-month compliance time is too 

long given the age of the fleet of 

potentially affected airplanes. Tactair 

adds that shortening the compliance 

time to 12 months would provide an 

additional margin of safety. 

We agree that the compliance time for 

replacing the hydraulic accumulator 

should be reduced to 12 months because 

of the recent incident of another failure 

of the hydraulic accumulator. We have 

determined that a compliance time of 

within 12 months after the effective date 

of the AD is appropriate and will ensure 

an acceptable level of safety. The 

manufacturer and EASA agree with this 

reduction in compliance time. We have 

changed paragraphs (f)(1), (f)(2), and 

(f)(3) of this AD accordingly. 

Request To Expand Applicability 

Tactair asks that the applicability 

specified in the NPRM be expanded to 

add Model SAAB 2000 airplanes. 

Tactair states that Model SAAB 2000 

airplanes contain hydraulic 

accumulators with the same part 

numbers specified in the applicability of 

the NPRM. 

We acknowledge the commenter’s 

concern; however, we do not agree that 

Model SAAB 2000 airplanes should be 

added to this supplemental NPRM. 

EASA has determined that hydraulic 

accumulators with the same part 

numbers could be installed on Model 

SAAB 2000 airplanes; however, there 

have been no incidents on that model, 

and we consider the fleet safety risk to 

be lower for that model. The 

manufacturer has confirmed that service 

information with replacement 

procedures for Model SAAB 2000 

airplanes will not be issued for several 

months. We will consider additional 

rulemaking once service information for 

the Model SAAB 2000 airplanes is 

developed and available. To delay 

issuing this supplemental NPRM would 

be inappropriate, since we have 

identified recent incidents on the 

affected models and have determined 

that the replacements must be done to 

ensure continued safety. 

FAA’s Determination and Requirements 

of This Proposed AD 

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 earlier 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 proposed AD. 

Differences Between This AD and the 

MCAI or Service Information 

We have reviewed the MCAI and 

related service information and, in 

general, agree with their substance. But 

we might have found it necessary to use 

different words from those in the MCAI 

to ensure the AD is clear for U.S. 

operators and is enforceable. In making 

these changes, we do not intend to differ 

substantively from the information 

provided in the MCAI and related 

service information. 

We might also have proposed 

different actions in this AD from those 

in the MCAI in order to follow FAA 

policies. Any such differences are 

highlighted in a NOTE within the 

proposed AD. 

Costs of Compliance 

Based on the service information, we 

estimate that this proposed AD would 

affect 111 products of U.S. registry. We 

also estimate that it would take 8 workhours per product to comply with the 

basic requirements of this proposed AD. 

The average labor rate is $80 per workhour. Required parts would cost $8,800 

per product. Where the service 

information lists required parts costs 

that are covered under warranty, we 

have assumed that there will be no 

charge for these costs. As we do not 

control warranty coverage for affected 

parties, some parties may incur costs 

higher than estimated here. Based on 

these figures, we estimate the cost of the 

proposed AD on U.S. operators to be 

$1,047,840, or $9,440 or per product. 

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; 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 74, No. 154 / Wednesday, August 12, 2009 / Proposed Rules 40529 

2. Is not a ‘‘significant rule’’ under the 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); 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. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this proposed AD and placed it in the 

AD docket. 

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 

1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new AD: 

SAAB AB, SAAB Aerosystems: Docket No. 

FAA–2009–0134; Directorate Identifier 

2008–NM–162–AD. 

Comments Due Date 

(a) We must receive comments by 

September 8, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Saab AB, Saab 

Aerosystems Model SAAB 340A (SAAB/ 

SF340A) and SAAB 340B airplanes, all serial 

numbers, certificated in any category; on 

which hydraulic accumulators with part 

number (P/N) 08 8423 001 1 or P/N 08 8423 

030 1 are installed, except accumulators with 

serial numbers listed in paragraph 3.B. of 

Saab Service Bulletin 340–29–023, Revision 

01, dated April 3, 2009. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 29: Hydraulic power. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

During 2008, two cases of main hydraulic 

accumulator failure were reported, one of 

which was caused by corrosion. Investigation 

has shown that a severe failure can occur to 

any of the four hydraulic accumulators 

which are installed in the hydraulic 

compartment. Either one of the two end parts 

on the accumulator may depart from the 

pressure vessel due to corrosion. This 

condition, if not corrected, is likely to 

degrade the functionality of the hydraulic 

system, possibly resulting in degradation or 

total loss of control of the landing gear, flap 

actuation and brakes. A severe failure during 

flight may even result in debris penetrating 

and exiting the fuselage outer skin. When 

such a failure occurs while the aeroplane is 

on the ground, as in the two reported cases, 

this may cause severe damage to the fuselage 

and result in injuries to persons nearby. 

Since AD 2008–0146 was issued, one more 

case of main hydraulic accumulator failure 

has been reported, which occurred in flight 

during final approach. The aeroplane was 

able to land safely and there were no injuries 

reported on the aeroplane or on the ground. 

To address and correct this unsafe 

condition, a modified hydraulic accumulator 

has been developed, which is sealed between 

the barrel and the screw cap and between the 

screw cap and the end cap. 

For the reasons described above, this EASA 

AD requires the replacement of the affected 

hydraulic accumulators P/N (part number) 08 

8423 001 1 and P/N 08 8423 030 1, as 

identified in Saab SB (Service Bulletin) 340– 

29–023, with a modified hydraulic 

accumulator. 

This AD is revised to indicate that the 

accomplishment of SAAB SB 340–29–024 is 

another acceptable method to correct the 

unsafe condition. 

Actions and Compliance 

(f) Unless already done, replace the 

hydraulic accumulator at the applicable time 

specified in paragraph (f)(1) or (f)(2) of this 

AD in accordance with the instructions of 

Saab Service Bulletin 340–29–023 or 340– 

29–024, both Revision 01, both dated April 

3, 2009, as applicable. 

(1) For airplanes on which the 

manufacturing date of the hydraulic 

accumulator is June 2000 or earlier: Replace 

the accumulator with a new or modified 

accumulator within 12 months after the 

effective date of this AD. 

(2) For airplanes on which the 

manufacturing date of the accumulator is July 

2000 or later: Replace the accumulator with 

a new or modified accumulator within 10 

years after the manufacturing date or within 

12 months after the effective date of this AD, 

whichever occurs later. 

(3) As of 12 months after the effective date 

of this AD, no person may install a hydraulic 

accumulator, P/N 08 8423 001 1 or P/N 08 

8423 030 1 on any airplane, except 

accumulators with serial numbers listed in 

paragraph 3.B. of Saab Service Bulletin 340– 

29–023, Revision 01, dated April 3, 2009. 

(4) Actions done before the effective date 

of this AD in accordance with Saab Service 

Bulletin 340–29–023, dated June 10, 2008, 

are acceptable for compliance with the 

corresponding requirements of this AD. 

FAA AD Differences 

Note 1: This AD differs from the MCAI 

and/or service information as follows: Where 

the MCAI includes a compliance time of ‘‘24 

months,’’ we have determined that a 

compliance time of ‘‘within 12 months after 

the effective date of the AD’’ is appropriate. 

The manufacturer and EASA agree with this 

reduction in compliance time. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

Send information to ATTN: Shahram 

Daneshmandi, Aerospace Engineer, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA, 1601 Lind 

Avenue, SW., Renton, Washington 98057– 

3356; telephone (425) 227–1112; fax (425) 

227–1149. Before using any approved AMOC 

on any airplane to which the AMOC applies, 

notify your principal maintenance inspector 

(PMI) or principal avionics inspector (PAI), 

as appropriate, or lacking a principal 

inspector, your local Flight Standards District 

Office. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, under the 

provisions of the Paperwork Reduction Act, 

the Office of Management and Budget (OMB) 

has approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(h) Refer to MCAI European Aviation 

Safety Agency Airworthiness Directive 2008– 

0146R1, dated April 16, 2009, and Saab 

Service Bulletins 340–29–023 and 340–29– 

024, both Revision 01, both dated April 3, 

2009, for related information. 

Issued in Renton, Washington, on August 

3, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–19261 Filed 8–11–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0684; Directorate 

Identifier 2008–NM–149–AD] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 747–200C and –200F Series 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 


jlentini on DSKJ8SOYB1PROD with PROPOSALS