AD 2007-02-16

[Federal Register Volume 72, Number 16 (Thursday, January 25, 2007)]
[Rules and Regulations]
[Pages 3361-3364]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: E7-901]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-25271; Directorate Identifier 2006-NM-067-AD; 
Amendment 39-14903; AD 2007-02-16]
RIN 2120-AA64


Airworthiness Directives; Saab Model SAAB-Fairchild SF340A (SAAB/
SF340A) and SAAB 340B Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is superseding an existing airworthiness directive 
(AD), which applies to certain Saab Model SAAB-Fairchild SF340A and 
SAAB 340B airplanes. That AD currently requires repetitive inspections 
for wear of the brushes and leads and for loose rivets of the direct 
current (DC) starter generator, and related investigative/corrective 
actions if necessary. This new AD requires installing new, improved 
generator control units (GCUs). Installing the GCUs ends the repetitive 
inspection requirements of the existing AD. This AD results from 
reports of premature failures of the DC starter generator prior to 
scheduled overhaul. We are issuing this AD to prevent failure of the 
starter generator, which could cause a low voltage situation in flight 
and result in increased pilot workload and reduced redundancy of the 
electrical powered systems.

DATES: This AD becomes effective March 1, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of March 1, 
2007.
    On April 1, 2005 (70 FR 9215, February 25, 2005), the Director of 
the Federal Register approved the incorporation by reference of Saab 
Service Bulletin 340-24-035, dated July 5, 2004, including Attachment 1 
(Goodrich Service Information Letter 23080-03X-24-01), dated July 1, 
2004.

ADDRESSES: You may examine the AD docket on the Internet at <a href="http://dms.dot.gov">http://dms.dot.gov</a> or in person at the Docket Management Facility, U.S. 
Department of Transportation, 400 Seventh Street, SW., Nassif Building, 
Room PL-401, Washington, DC.
    Contact Saab Aircraft AB, SAAB Aircraft Product Support, S-581.88, 
Link[ouml]ping, Sweden, for service information identified in this AD.

FOR FURTHER INFORMATION CONTACT: Mike Borfitz, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-2677; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Examining the Docket

    You may examine the airworthiness directive (AD) docket on the 
Internet at <a href="http://dms.dot.gov">http://dms.dot.gov</a> or in person at the Docket Management 
Facility office between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The Docket Management Facility office 
(telephone (800) 647-5227) is located on the plaza level of the Nassif 
Building at the street address stated in the ADDRESSES section.

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that supersedes AD 2005-04-12, amendment 
39-13984 (70 FR 9215, February 25, 2005). The existing AD applies to 
certain Saab Model SAAB-Fairchild SF340A and SAAB 340B airplanes. That 
NPRM was published in the Federal Register on July 6, 2006 (71 FR 
38311). That NPRM proposed to continue to require repetitive 
inspections for wear of the brushes and leads and for loose rivets of 
the direct current (DC) starter generator, and related investigative/

[[Page 3362]]

corrective actions if necessary. That NPRM also proposed to require 
installing new, improved generator control units (GCUs), which would 
end the repetitive inspection requirements.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments that have been 
received on the NPRM.

Request To Change Incorporation of Certain Information

    The Modification and Replacement Parts Association (MARPA) states 
that, typically, airworthiness directives are based on service 
information originating with the type certificate holder or its 
suppliers. MARPA adds that manufacturer service documents are privately 
authored instruments generally having copyright protection against 
duplication and distribution. MARPA notes that when a service document 
is incorporated by reference into a public document, such as an 
airworthiness directive, it loses its private, protected status and 
becomes a public document. MARPA adds that if a service document is 
used as a mandatory element of compliance, it should not simply be 
referenced, but should be incorporated into the regulatory document; by 
definition, public laws must be public, which means they cannot rely 
upon private writings. MARPA is concerned that the failure to 
incorporate essential service information could result in a court 
decision invalidating the AD.
    MARPA adds that incorporated by reference service documents should 
be made available to the public by publication in the Docket Management 
System (DMS), keyed to the action that incorporates them. MARPA notes 
that the stated purpose of the incorporation by reference method is 
brevity, to keep from expanding the Federal Register needlessly by 
publishing documents already in the hands of the affected individuals; 
traditionally, ``affected individuals'' means aircraft owners and 
operators, who are generally provided service information by the 
manufacturer. MARPA adds that a new class of affected individuals has 
emerged, since the majority of aircraft maintenance is now performed by 
specialty shops instead of aircraft owners and operators. MARPA notes 
that this new class includes maintenance and repair organizations, 
component servicing and repair shops, parts purveyors and distributors, 
and organizations manufacturing or servicing alternatively certified 
parts under section 21.303 (parts manufacturer approval) (PMA) of the 
Federal Aviation Regulations (14 CFR part 21). MARPA adds that the 
concept of brevity is now nearly archaic as documents exist more 
frequently in electronic format than on paper. Therefore, MARPA asks 
that the service documents deemed essential to the accomplishment of 
the NPRM be incorporated by reference into the regulatory instrument, 
and published in the DMS.
    We understand MARPA's comment concerning incorporation by 
reference. The Office of the Federal Register (OFR) requires that 
documents that are necessary to accomplish the requirements of the AD 
be incorporated by reference during the final rule phase of rulemaking. 
This final rule incorporates by reference the service information 
necessary for the accomplishment of the requirements mandated by this 
AD. Further, we point out that while documents that are incorporated by 
reference do become public information, they do not lose their 
copyright protection. For that reason, we advise the public to contact 
the manufacturer to obtain copies of the referenced service 
information.
    Additionally, we do not publish service documents in DMS. We are 
currently reviewing our practice of publishing proprietary service 
information. Once we have thoroughly examined all aspects of this 
issue, and have made a final determination, we will consider whether 
our current practice needs to be revised. However, we consider that to 
delay this AD action for that reason would be inappropriate, since we 
have determined that an unsafe condition exists and that the 
requirements in this AD must be accomplished to ensure continued 
safety. Therefore, we have not changed the AD in this regard.

Request To Reference PMA Parts

    MARPA also states that type certificate holders in their service 
documents typically ignore the possible existence of PMA parts. MARPA 
states that this is particularly true with foreign manufacturers where 
the concept may not exist or be implemented in the country of origin. 
MARPA points out that the service document upon which an airworthiness 
directive is based frequently will require removing a certain part-
numbered part and installing a different part-numbered part as a 
corrective action. According to MARPA, this runs afoul of part 21 of 
the Federal Aviation Regulations (14 CFR part 21), section 21.303, 
which permits the development, certification, and installation of 
alternatively certified parts.
    MARPA further states that installing a certain part-numbered part 
to the exclusion of all other parts is not a favored general practice. 
MARPA states that such an action has the dual effect of preventing, in 
some cases, the installation of a perfectly good part; while at the 
same time prohibiting the development of new parts permitted under 
Sec.  21.303. According to MARPA, such a prohibition runs the risk of 
taking the AD out of the realm of safety and into the world of 
economics, since prohibiting the development, sale, and use of a 
perfectly airworthy part has noting to do with safety. MARPA states 
that courts could easily construe such actions as being outside the 
statutory basis of the AD (safety) and, as such, unenforceable. MARPA 
adds that courts are reluctant to find portions of a rule unenforceable 
since they lack the knowledge and authority to re-write requirements, 
and are thus generally inclined to simply void the entire rule.
    In response to the commenter's statement regarding running afoul of 
part 21 of the Federal Aviation Regulations (14 CFR part 21, under 
which the FAA issues PMAs, this statement appears to reflect a 
misunderstanding of the relationship between ADs and the certification 
procedural regulations of 14 CFR part 21. Those regulations, including 
Sec.  21.303, are intended to ensure that aeronautical products comply 
with the applicable airworthiness standards. But ADs are issued when, 
notwithstanding those procedures, we become aware of unsafe conditions 
in these products or parts. Therefore, an AD takes precedence over 
design approvals when we identify an unsafe condition, and mandating 
installation of a certain part number in an AD is not at variance with 
Sec.  21.303.
    The AD provides a means of compliance for operators to ensure that 
the identified unsafe condition is addressed appropriately. For an 
unsafe condition attributable to a part, the AD normally identifies the 
replacement parts necessary to obtain that compliance. As stated in 
Sec.  39.7 of the Federal Aviation Regulations (14 CFR 39.7), ``Anyone 
who operates a product that does not meet the requirements of an 
applicable airworthiness directive is in violation of this section.'' 
Unless an operator obtains approval for an AMOC, replacing a part with 
one not specified by the AD would make the operator subject to an 
enforcement action and result in a civil penalty. No change to the AD 
is necessary in this regard.

[[Page 3363]]

Request to Stop Using Alternative Method of Compliance (AMOC)

    MARPA also believes that the practice of requiring an AMOC to 
install a PMA part should be stopped. MARPA states that this is somehow 
tantamount to stating, illogically, that all PMA parts are inherently 
defective and require an additional layer of approval when the original 
equipment manufacturer (OEM) part is determined to be defective. MARPA 
suspects that the FAA personnel who labored diligently to certify the 
PMA part might disagree with such a narrow, OEM-slanted view. MARPA 
states that if the PMA part is defective, then it must be deemed so in 
the AD, and not simply implied by a catch-all AMOC requirement. MARPA 
states that this is why it has repeatedly requested that we adopt 
language to trap such defective parts, and suggests that the FAA's 
Transport Airplane Directorate adopt the language used by the Small 
Airplane Directorate to accomplish this.
    We infer that MARPA would like the AD to permit installation of any 
equivalent PMA parts so that it is not necessary for an operator to 
request approval of an AMOC in order to install an ``equivalent'' PMA 
part. Whether an alternative part is ``equivalent'' in adequately 
resolving the unsafe condition can only be determined on a case-by-case 
basis based on a complete understanding of the unsafe condition. The 
Transport Airplane Directorate's policy is that, in order for operators 
to replace a part with one that is not specified in the AD, they must 
request an AMOC. This is necessary so that we can make a specific 
determination that an alternative part is or is not susceptible to the 
same unsafe condition.

Request for Compliance With FAA Order 8040.2/Agreement on Parts 
Replacement

    MARPA points out that this AD, as written, does not comply with 
proposed FAA Order 8040.2 (AD Process for Mandatory Continuing 
Airworthiness Information (MCAI)), which states in the PMA section: 
``MCAI that require replacement or installation of certain parts could 
have replacement parts approved under part 21 of the Federal Aviation 
Regulations (14 CFR part 21), section 21.303, based on a finding of 
identicality. We have determined that any parts approved under this 
regulation and installed should be subject to the actions of our AD and 
included in the applicability of our AD.'' MARPA points out that the 
Small Airplane Directorate has developed a blanket statement that 
resolves this issue. The statement includes words similar to that in 
the proposed Order 8040.2.
    The FAA recognizes the need for standardization on the issue of 
addressing PMA parts in ADs, and currently is in the process of 
reviewing it at the national level. The Transport Airplane Directorate 
considers that to delay this particular AD action would be 
inappropriate, since we have determined that an unsafe condition exists 
and that replacement of certain parts must be accomplished to ensure 
continued safety. Therefore, no change has been made to the final rule 
in this regard.
    The NPRM did not address PMA parts, as provided in draft FAA Order 
8040.2, because the Order was only a draft that was out for comment at 
the time. After issuance of the NPRM, the Order was revised and issued 
as FAA Order 8040.5 with an effective date of September 29, 2006. FAA 
Order 8040.5 does not address PMA parts in ADs.

Conclusion

    We have carefully reviewed the available data, including the 
comments that have been submitted, and determined that air safety and 
the public interest require adopting the AD as proposed.

Costs of Compliance

    This AD affects about 170 airplanes of U.S. registry. The following 
table provides the estimated costs for U.S. operators to comply with 
this AD.

                                                 Estimated Costs
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                                                 Average
             Action                Work hours   labor rate     Parts      Cost per airplane       Fleet cost
                                                 per hour
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Inspections (required by AD 2005-           1          $80           $0  $80, per inspection  $13,600, per
 04-12).                                                                  cycle.               inspection cycle.
Installation (new action).......            1           80        7,598  $7,678.............  $1,305,260.
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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 have determined that this AD will not have federalism 
implications under Executive Order 13132. This AD will 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 this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866;
    (2) Is not a ``significant rule'' under 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 AD and placed it in the AD docket. See the ADDRESSES 
section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

[[Page 3364]]

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
removing amendment 39-13984 (70 FR 9215, February 25, 2005) and by 
adding the following new airworthiness directive (AD):

2007-02-16 Saab Aircraft AB:

 Amendment 39-14903. Docket No. FAA-2006-25271; Directorate 
Identifier 2006-NM-067-AD.Effective Date

    (a) This AD becomes effective March 1, 2007.

Affected ADs

    (b) This AD supersedes AD 2005-04-12.

Applicability

    (c) This AD applies to Saab Model SAAB-Fairchild SF340A (SAAB/
SF340A) airplanes having serial numbers 004 through 159 inclusive, 
and Model SAAB 340B airplanes having serial numbers 160 through 367 
inclusive; certificated in any category; on which Saab Modification 
2533 has not been implemented.

Unsafe Condition

    (d) This AD results from reports of premature failures of the 
direct current (DC) starter generator prior to scheduled overhaul. 
We are issuing this AD to prevent failure of the starter generator, 
which could cause a low voltage situation in flight and result in 
increased pilot workload and reduced redundancy of the electrical 
powered systems.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Restatement of the Requirements of AD 2005-04-12

Inspections for Wear of the DC Starter Generator Brushes and Leads

    (f) For generators overhauled in accordance with Maintenance 
Review Board (MRB) Task 243104: Before 800 flight hours since last 
overhaul, or within 100 flight hours after April 1, 2005 (the 
effective date of AD 2005-04-12), perform a general visual 
inspection for wear of the DC starter generator brushes and leads, 
in accordance with Saab Service Bulletin 340-24-035, dated July 5, 
2004.

    Note 1: For the purposes of this AD, a general visual inspection 
is: ``A visual examination of an interior or exterior area, 
installation, or assembly to detect obvious damage, failure, or 
irregularity. This level of inspection is made from within touching 
distance unless otherwise specified. A mirror may be necessary to 
ensure visual access to all surfaces in the inspection area. This 
level of inspection is made under normally available lighting 
conditions such as daylight, hangar lighting, flashlight, or 
droplight and may require removal or opening of access panels or 
doors. Stands, ladders, or platforms may be required to gain 
proximity to the area being checked.''


    Note 2: Saab Service Bulletin 340-24-035, dated July 5, 2004, 
references Goodrich Service Information Letter 23080-03X-24-01, 
dated July 1, 2004, as an additional source of service information.

    (1) If the tops of the brush sets are above the top of the brush 
box, repeat the inspection thereafter at intervals not to exceed 800 
flight hours until paragraph (i) of this AD is done.
    (2) If the tops of the brush sets are below the top of the brush 
box, before further flight, measure the brushes and determine the 
amount of brush life remaining, in accordance with the service 
bulletin.
    (i) If the brush wear is within the limits specified in the 
service bulletin, repeat the inspection thereafter at intervals not 
to exceed 800 flight hours until paragraph (i) of this AD is done.
    (ii) If the brush wear is outside the limits specified in the 
service bulletin, before further flight, replace the starter 
generator with a new or serviceable starter generator, in accordance 
with the service bulletin.

Inspections for Loose Rivets

    (g) For generators overhauled in accordance with MRB Task 
243104: Before 800 flight hours since last overhaul, or within 100 
flight hours after April 1, 2005, whichever occurs later, perform a 
general visual inspection of each leading wafer brush for loose 
rivets, in accordance with Saab Service Bulletin 340-24-035, dated 
July 5, 2004. Repeat the inspection thereafter at intervals not to 
exceed 800 flight hours until paragraph (i) of this AD is done. If 
any rivet is loose, before further flight, replace the DC starter 
generator with a new or serviceable starter generator, in accordance 
with the service bulletin.

MRB Task 243103 or 243101

    (h) For generators overhauled or with brush replacement 
accomplished in accordance with MRB Task 243103 or 243101, no action 
is required by paragraphs (f) and (g) of this AD.

New Requirements of This AD

Installation

    (i) For all generators: Within 36 months after the effective 
date of this AD, install new improved generator control units (GCUs) 
in accordance with the Accomplishment Instructions of Saab Service 
Bulletin 340-24-026, Revision 03, dated December 20, 2004. 
Installing the GCUs terminates the repetitive inspection 
requirements of paragraphs (f) and (g) of this AD.

Alternative Methods of Compliance (AMOCs)

    (j)(1) The Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, has the authority to approve AMOCs for 
this AD, if requested in accordance with the procedures found in 14 
CFR 39.19.
    (2) Before using any AMOC approved in accordance with Sec.  
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.

Related Information

    (k) Swedish airworthiness directive 1-197, effective November 5, 
2004, also addresses the subject of this AD.

Material Incorporated by Reference

    (l) You must use Saab Service Bulletin 340-24-026, Revision 03, 
dated December 20, 2004; and Saab Service Bulletin 340-24-035, dated 
July 5, 2004, including Attachment 1 (Goodrich Service Information 
Letter 23080-03X-24-01), dated July 1, 2004; as applicable; to 
perform the actions that are required by this AD, unless the AD 
specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of Saab Service Bulletin 340-24-026, 
Revision 03, dated December 20, 2004, in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51.
    (2) On April 1, 2005 (70 FR 9215, February 25, 2005), the 
Director of the Federal Register approved the incorporation by 
reference of Saab Service Bulletin 340-24-035, dated July 5, 2004, 
including Attachment 1 (Goodrich Service Information Letter 23080-
03X-24-01), dated July 1, 2004.
    (3) Contact Saab Aircraft AB, SAAB Aircraft Product Support, S-
581.88, Linko[uml]ping, Sweden, for a copy of this service 
information. You may review copies at the Docket Management 
Facility, U.S. Department of Transportation, 400 Seventh Street SW., 
Room PL-401, Nassif Building, Washington, DC; on the Internet at 
<a href="http://dms.dot.gov">http://dms.dot.gov</a>; or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at the NARA, call (202) 741-6030, or go to <a href="http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html">http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html</a>.

    Issued in Renton, Washington, on January 11, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-901 Filed 1-24-07; 8:45 am]
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