[Federal Register Volume 89, Number 28 (Friday, February 9, 2024)]
[Proposed Rules]
[Pages 9077-9078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02433]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-0220; Project Identifier MCAI-2023-00760-T]
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: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to remove Airworthiness Directive (AD) 2023-
13-07, which applies to certain Saab AB, Support and Services Model 
SAAB 340B airplanes. AD 2023-13-07 requires amending the applicable 
airplane flight manual (AFM) by incorporating a temporary revision (TR) 
to reduce the maximum take-off weight (MTOW). AD 2023-13-07 is no 
longer necessary, because of a determination that affected airplanes 
can be safely operated up to the initially published MTOW. Accordingly, 
the FAA proposes to remove AD 2023-13-07.

DATES: The FAA must receive comments on this proposed AD by March 25, 
2024.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to regulations.gov. Follow 
the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> 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.
    <bullet> 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-2024-0220; 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 NPRM, mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
street address for Docket Operations is listed above.
    Related Service Information:
    <bullet> For service information identified in this NPRM, contact 
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
8999 000; email <a href="/cdn-cgi/l/email-protection#abeaefd8ebcecad8ca85ceded9c4dbca85cede"><span class="__cf_email__" data-cfemail="69282d1a290c081a08470c1c1b061908470c1c">[email protected]</span></a>; website easa.europa.eu. You may 
find this material on the EASA website at ad.easa.europa.eu.
    <bullet> 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.

FOR FURTHER INFORMATION CONTACT: Shahram Daneshmandi, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 206-231-3220; email <a href="/cdn-cgi/l/email-protection#66150e070e14070b4802070803150e0b0708020f2600070748010910"><span class="__cf_email__" data-cfemail="1b68737a73697a76357f7a757e6873767a757f725b7d7a7a357c746d">[email protected]</span></a>.

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-2024-0220; Project Identifier 
MCAI-2023-00760-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; telephone 206-231-3220; email 
<a href="/cdn-cgi/l/email-protection#45362d242d3724286b21242b20362d28242b212c052324246b222a33"><span class="__cf_email__" data-cfemail="d1a2b9b0b9a3b0bcffb5b0bfb4a2b9bcb0bfb5b891b7b0b0ffb6bea7">[email protected]</span></a>. 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 2023-13-07, Amendment 39-22492 (88 FR 43052, July 
6, 2023) (AD 2023-13-07), for certain Saab AB, Support and Services 
Model SAAB 340B airplanes. AD 2023-13-07 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 2023-0121, dated June 13, 2023 (EASA AD 2023-0121) (also 
referred to as the MCAI), to identify and correct an unsafe condition.
    AD 2023-13-07 requires amending the applicable AFM by incorporating 
a TR to reduce the MTOW. AD 2023-13-07 was prompted by a determination 
that the affected airplanes must not be operated at a MTOW above 29,000 
pounds. 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.

Actions Since AD 2023-13-07 Was Issued

    Since the FAA issued AD 2023-13-07, EASA issued 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 demonstrating that affected airplanes can be 
operated safely

[[Page 9078]]

up to the initially published MTOW of 30,000 pounds.

FAA's Conclusions

    Upon further consideration, the FAA has determined that AD 2023-13-
07 is no longer necessary. Accordingly, this proposed AD would remove 
AD 2023-13-07. Removal of AD 2023-13-07 would not preclude the FAA from 
issuing another related action or commit the FAA to any course of 
action in the future. This proposed AD would remove all actions of AD 
2023-13-07. Therefore, this proposed AD would terminate all 
requirements of AD 2023-13-07.

Related Costs of Compliance

    This proposed AD would add no cost. This proposed AD would remove 
AD 2023-13-07 from 14 CFR part 39; therefore, operators would no longer 
be required to show compliance with that AD.

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

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

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by March 25, 2024.

(b) Affected ADs

    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 
<a href="/cdn-cgi/l/email-protection#93e0fbf2fbe1f2febdf7f2fdf6e0fbfef2fdf7fad3f5f2f2bdf4fce5"><span class="__cf_email__" data-cfemail="d5a6bdb4bda7b4b8fbb1b4bbb0a6bdb8b4bbb1bc95b3b4b4fbb2baa3">[email protected]</span></a>.

(g) Material Incorporated by Reference

    None.

    Issued on February 1, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-02433 Filed 2-8-24; 8:45 am]
BILLING CODE 4910-13-P


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