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.

Proposed Rules Federal Register

22712 

Vol. 74, No. 92 

Thursday, May 14, 2009 

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). 

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, 

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–2009–0447; 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 


sroberts on PROD1PC70 with PROPOSALS
Federal Register / Vol. 74, No. 92 / Thursday, May 14, 2009 / Proposed Rules 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. 

§ 39.13 [Amended] 

2. The FAA amends § 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 


sroberts on PROD1PC70 with PROPOSALS
22714 Federal Register / Vol. 74, No. 92 / Thursday, May 14, 2009 / Proposed Rules 

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 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 93 

[Docket No. FAA–2008–0517; Notice No. 09– 

03] 

RIN 2120–AJ48 

Congestion Management Rule for John 

F. Kennedy International Airport and 

Newark Liberty International Airport 

AGENCY: Federal Aviation 

Administration (FAA). 

ACTION: Notice of proposed rescission. 

SUMMARY: The FAA proposes to rescind 

the final rule Congestion Management 

Rule for John F. Kennedy International 

Airport and Newark Liberty 

International Airport. The final rule 

established procedures to address 

congestion in the New York City area by 

assigning slots at John F. Kennedy (JFK) 

and Newark Liberty (Newark) 

International Airports, assigning to 

existing operators the majority of slots at 

the airports, and creating a market by 

annually auctioning off a limited 

number of slots in each of the first five 

years of the rule. The final rule also 

contained provisions for minimum 

usage, capping unscheduled operations, 

and withdrawal for operational need. 

The rule was scheduled to sunset in ten 

years. 

DATES: Send your comments on or 

before June 15, 2009. 

ADDRESSES: You may send comments 

identified by Docket Number FAA– 

2008–0517 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the online instructions for sending your 

comments electronically. 

• Mail: Send comments to Docket 

Operations, M–30; U.S. Department of 

Transportation, 1200 New Jersey 

Avenue, SE., Room W12–140, West 

Building Ground Floor, Washington, DC 

20590–0001. 

• Hand Delivery or Courier: Bring 

comments to Docket Operations in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue, SE., Washington, DC, between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

• Fax: Fax comments to Docket 

Operations at 202–493–2251. For more 

information on the rulemaking process, 

see the SUPPLEMENTARY INFORMATION

section of this document. 

Privacy: We will post all comments 

we receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. 

Using the search function of our docket 

Web site, anyone can find and read the 

electronic form of all comments 

received into any of our dockets, 

including the name of the individual 

sending the comment (or signing the 

comment for an association, business, 

labor union, etc.). You may review the 

Department of Transportation’s 

complete Privacy Act Statement in the 

Federal Register published on April 11, 

2000 (65 FR 19477–78) or you may visit 

http://DocketsInfo.dot.gov. 

Docket: To read background 

documents or comments received, go to 

http://www.regulations.gov at any time 

and follow the online instructions for 

accessing the docket. Or, go to Docket 

Operations in Room W12–140 of the 

West Building Ground Floor at 1200 

New Jersey Avenue, SE., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: For 

questions concerning this rulemaking, 

contact: Molly W. Smith, Office of 

Aviation Policy and Plans, APO–200, 

Federal Aviation Administration, 800 

Independence Avenue, SW., 

Washington, DC 20591; telephone (202) 

267–3275; e-mail 

molly.w.smith@faa.gov. For legal 

questions concerning this rulemaking, 

contact: Rebecca MacPherson, FAA 

Office of the Chief Counsel, 800 

Independence Ave., SW., Washington, 

DC 20591; telephone (202) 267–3073; 

e-mail rebecca.macpherson@faa.gov. 

SUPPLEMENTARY INFORMATION: Later in 

this preamble, under the Additional 

Information section, we discuss how 

you can comment on this proposal and 

how we will handle your comments. 

Included in this discussion is related 

information about the docket and the 

handling of proprietary or confidential 

business information. We also discuss 

how you can get a copy of this proposal 

and related rulemaking documents. 

Authority for This Rulemaking 

The FAA has broad authority under 

49 U.S.C. 40103 to regulate the use of 

the navigable airspace of the United 

States. This section authorizes the FAA 

to develop plans and policy for the use 

of navigable airspace and to assign the 

use that the FAA deems necessary for its 

safe and efficient utilization. It further 


sroberts on PROD1PC70 with PROPOSALS