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[Federal Register Volume 74, Number 92 (Thursday, May 14, 2009)]
[Proposed Rules]
[Pages 22712-22714]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11281]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 74, No. 92 / Thursday, May 14, 2009 / 
Proposed Rules

[[Page 22712]]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0447; Directorate Identifier 2008-NM-172-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: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. 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 refueling, the ground crew detected smoke from the 
refuel/defuel panel illuminated placard 160VU. * * *
* * * * *

The unsafe condition is an electrical malfunction in the illuminated 
placard of the refuel and defuel panel, which could result in fire. 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 June 15, 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, Link[ouml]ping, Sweden; 
telephone +46 13 18 5591; fax +46 13 18 4874; e-mail 
[email protected]; 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-2009-0447; 
Directorate Identifier 2008-NM-172-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

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2008-0127R1, dated August 7, 2008 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    During refueling, the ground crew detected smoke from the 
refuel/defuel panel illuminated placard 160VU. The design of the 
refuel/defuel panel illuminated placard was changed during 1997 from 
its original specification, to fill the cavity inside the placard 
with silicone to avoid moisture/fluid ingress. SAAB has reviewed the 
working procedure and has developed a placard filled with a bi-
component silicone-based material to minimize the cavity inside the 
panels.
    For the reasons described above, this EASA AD requires the 
identification of the manufacturing date of the affected placard, a 
visual inspection of the placard for heat and/or burn marks and the 
installation of a new placard in accordance with the instructions of 
SAAB Service Bulletin (SB) 340-28-027.
    This AD has been revised to identify the affected VIBRACHOC (the 
part manufacturer) placard with Part Number (P/N) C4FL5031C001, 
instead of the corresponding SAAB P/N 9303719-001, which was (also) 
quoted inaccurately. In addition, it has been recognised that the 
original AD did not allow installation of the placards with a 
manufacturing date before 31/97; that has now been corrected.

    The unsafe condition is an electrical malfunction in the 
illuminated placard of the refuel and defuel panel, which could result 
in fire. You may obtain further information by examining the MCAI in 
the AD docket.

Relevant Service Information

    Saab has issued Service Bulletin 340-28-027, Revision 01, dated 
July 7, 2008. The actions described in this service information are 
intended to correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another

[[Page 22713]]

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.

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 about 141 products of U.S. registry. We also estimate that 
it would take about 2 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour. Required parts would cost about $1,500 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 $234,060, or $1,660 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;
    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, Incorporated 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.

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Saab AB, Saab Aerosystems: Docket No. FAA-2009-0447; Directorate 
Identifier 2008-NM-172-AD.

Comments Due Date

    (a) We must receive comments by June 15, 2009.

Affected ADs

    (b) None.

Applicability

    (c) Saab AB, Saab Aerosystems Model SAAB 340A (SAAB/SF340A) and 
SAAB 340B airplanes; certified in any category; all serial numbers.

Subject

    (d) Air Transport Association (ATA) of America Code 28: Fuel.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    During refueling, the ground crew detected smoke from the 
refuel/defuel panel illuminated placard 160VU. The design of the 
refuel/defuel panel illuminated placard was changed during 1997 from 
its original specification, to fill the cavity inside the placard 
with silicone to avoid moisture/fluid ingress. SAAB has reviewed the 
working procedure and has developed a placard filled with a bi-
component silicone-based material to minimize the cavity inside the 
panels.
    For the reasons described above, this EASA AD requires the 
identification of the manufacturing date of the affected placard, a 
visual inspection of the placard for heat and/or burn marks and the 
installation of a new placard in accordance with the instructions of 
SAAB Service Bulletin (SB) 340-28-027.
    This AD has been revised to identify the affected VIBRACHOC (the 
part manufacturer) placard with Part Number (P/N) C4FL5031C001, 
instead of the corresponding SAAB P/N 9303719-001, which was (also) 
quoted inaccurately. In addition, it has been recognised that the 
original AD did not allow installation of the placards with a 
manufacturing date before 31/97; that has now been corrected.

The unsafe condition is an electrical malfunction in the illuminated 
placard of the refuel and defuel panel, which could result in fire.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) Within 3 months after the effective date of this AD, inspect 
the illuminated placard of the refuel and defuel panel, part number 
(P/N) C4FL5031C001, for signs of heat and burn marks, in accordance 
with Saab Service Bulletin 340-28-027, Revision 01, dated July 7, 
2008.
    (2) If any sign of heat or burn marks are found, before further 
flight, replace the illuminated placard of the refuel and defuel 
panel with a new illuminated placard of the refuel and defuel panel, 
having part number C4FL5031C001, and marked with a manufacturer date 
before 31/97 (i.e., week 31 of 1997), or a manufacturing date of 37/
07 (i.e., week 37 of 2007) or higher and marked `Amdt:A.', in 
accordance with Saab Service Bulletin 340-28-027, Revision 01, dated 
July 7, 2008.
    (3) If no signs of heat and burn marks are found, within 12 
months after accomplishing the inspection required by (f)(1) of this 
AD is done, replace the illuminated placard of the fuel and defuel 
panel with a new illuminated placard of the refuel and defuel panel, 
having part number C4FL5031C001, and marked with a manufacturer date 
before

[[Page 22714]]

31/97 (i.e., week 31 of 1997) or a manufacturing date of 37/07 
(i.e., week 37 of 2007) or higher and marked `Amdt:A.', in 
accordance with Saab Service Bulletin 340-28-027, Revision 01, dated 
July 7, 2008.
    (4) As of 15 months after the effective date of this AD, 
installing an illuminated placard of the refuel and defuel panel is 
prohibited on any airplane, unless it has a manufacturing date 
before 31/97, or unless it has a manufacturing date of 37/07 or 
higher and is marked `Amdt:A'.
    (5) Actions accomplished before the effective date of this AD in 
accordance with Saab Service Bulletin 340-28-027, dated April 30, 
2008, are considered acceptable for compliance with the 
corresponding actions specified in paragraphs (f)(1), (f)(2), and 
(f)(3) of this AD.

FAA AD Differences

    Note 1:  This AD differs from the MCAI and/or service 
information as follows: No differences.

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, Transport Airplane Directorate, 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. 
The AMOC approval letter must specifically reference this AD.
    (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 2008-0127R1, dated August 7, 2008; and Saab Service 
Bulletin 340-28-027, Revision 01, dated July 7, 2008, for related 
information.

    Issued in Renton, Washington, on May 6, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-11281 Filed 5-13-09; 8:45 am]
BILLING CODE 4910-13-P
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