AD 2009-17-02

[Federal Register Volume 74, Number 158 (Tuesday, August 18, 2009)]
[Rules and Regulations]
[Pages 41603-41605]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: E9-19182]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0447; Directorate Identifier 2008-NM-172-AD; 
Amendment 39-15993; AD 2009-17-02]
RIN 2120-AA64


Airworthiness Directives; Saab AB, Saab Aerosystems Model SAAB 
340A (SAAB/SF340A) and SAAB 340B Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This 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. * * *
* * * * *
    We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective September 22, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of September 22, 
2009.

ADDRESSES: You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

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:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on May 14, 2009 (74 FR 
22712). That NPRM proposed 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.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD as proposed.

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 required different actions in this AD from those 
in the MCAI in order to follow our FAA policies. Any such differences 
are highlighted in a note within the AD.

Costs of Compliance

    We estimate that this AD will affect 141 products of U.S. registry. 
We also estimate that it will take about 2 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $80 per work-hour. Required parts will 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 parts. 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 this AD to the 
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 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.

[[Page 41604]]

    For the reasons discussed above, I certify this AD:
    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 AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a>; 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 the NPRM, 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.

List of Subjects in 14 CFR Part 39

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

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

2009-17-02 Saab AB, Saab Aerosystems: Amendment 39-15993. Docket No. 
FAA-2009-0447; Directorate Identifier 2008-NM-172-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective 
September 22, 2009.

Affected ADs

    (b) None.

Applicability

    (c) Saab AB, Saab Aerosystems Model SAAB 340A (SAAB/SF340A) and 
SAAB 340B airplanes; certificated 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 recognized 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 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.

Material Incorporated by Reference

    (i) You must use Saab Service Bulletin 340-28-027, Revision 01, 
dated July 7, 2008, to do the actions required by this AD, unless 
the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.

[[Page 41605]]

    (2) For service information identified in this 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 
<a href="/cdn-cgi/l/email-protection#d9aab8b8bbebe9e9e9f7adbcbab1aaaca9a9b6abad99aab8b8bbbeabb6aca9f7bab6b4"><span class="__cf_email__" data-cfemail="cab9ababa8f8fafafae4beafa9a2b9bfbabaa5b8be8ab9ababa8adb8a5bfbae4a9a5a7">[email&#160;protected]</span></a>; Internet <a href="http://www.saabgroup.com">http://www.saabgroup.com</a>.
    (3) You may review copies of the 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.
    (4) You may also review copies of the service information that 
is incorporated by reference at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at 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 August 3, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-19182 Filed 8-17-09; 8:45 am]
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