AD 2009-23-07

[Federal Register Volume 74, Number 215 (Monday, November 9, 2009)]
[Rules and Regulations]
[Pages 57574-57576]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: E9-26591]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0134; Directorate Identifier 2008-NM-162-AD; 
Amendment 39-16079; AD 2009-23-07]
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 2008, two cases of main hydraulic accumulator failure 
were reported, one of which was caused by corrosion. Investigation 
has shown that a severe failure can occur to any of the four 
hydraulic accumulators which are installed in the hydraulic 
compartment. Either one of the two end parts on the accumulator may 
depart from the pressure vessel due to corrosion. This condition, if 
not corrected, is likely to degrade the functionality of the 
hydraulic system, possibly resulting in degradation or total loss of 
control of the landing gear, flap actuation and brakes. A severe 
failure during flight may even result in debris penetrating and 
exiting the fuselage outer skin. When such a failure occurs while 
the aeroplane is on the ground, as in the two reported cases, this 
may cause severe damage to the fuselage and result in injuries to 
persons nearby.

* * * * *
We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective December 14, 2009.

[[Page 57575]]

    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of December 14, 
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 supplemental notice of proposed rulemaking (NPRM) to 
amend 14 CFR part 39 to include an AD that would apply to the specified 
products. That supplemental NPRM was published in the Federal Register 
on August 12, 2009 (74 FR 40527). That supplemental NPRM proposed to 
correct an unsafe condition for the specified products. The MCAI 
states:

    During 2008, two cases of main hydraulic accumulator failure 
were reported, one of which was caused by corrosion. Investigation 
has shown that a severe failure can occur to any of the four 
hydraulic accumulators which are installed in the hydraulic 
compartment. Either one of the two end parts on the accumulator may 
depart from the pressure vessel due to corrosion. This condition, if 
not corrected, is likely to degrade the functionality of the 
hydraulic system, possibly resulting in degradation or total loss of 
control of the landing gear, flap actuation and brakes. A severe 
failure during flight may even result in debris penetrating and 
exiting the fuselage outer skin. When such a failure occurs while 
the aeroplane is on the ground, as in the two reported cases, this 
may cause severe damage to the fuselage and result in injuries to 
persons nearby.
    Since [EASA] AD 2008-0146 was issued, one more case of main 
hydraulic accumulator failure has been reported, which occurred in 
flight during final approach. The aeroplane was able to land safely 
and there were no injuries reported on the aeroplane or on the 
ground.
    To address and correct this unsafe condition, a modified 
hydraulic accumulator has been developed, which is sealed between 
the barrel and the screw cap and between the screw cap and the end 
cap.
    For the reasons described above, this EASA AD requires the 
replacement of the affected hydraulic accumulators P/N (part number) 
08 8423 001 1 and P/N 08 8423 030 1, as identified in Saab SB 
(Service Bulletin) 340-29-023, with a modified hydraulic 
accumulator.
    This AD is revised to indicate that the accomplishment of SAAB 
SB 340-29-024 is another acceptable method to correct the unsafe 
condition.

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 supplemental 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 111 products of U.S. registry. 
We also estimate that it takes 8 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 $8,800 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 AD on U.S. operators to be 
$1,047,840, or $9,440 or 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.
    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:

[[Page 57576]]

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:

2009-23-07 Saab AB, Saab Aerosystems: Amendment 39-16079. Docket No. 
FAA-2009-0134; Directorate Identifier 2008-NM-162-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective December 
14, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Saab AB, Saab Aerosystems Model SAAB 340A 
(SAAB/SF340A) and SAAB 340B airplanes, all serial numbers, 
certificated in any category; on which hydraulic accumulators with 
part number (P/N) 08 8423 001 1 or P/N 08 8423 030 1 are installed, 
except accumulators with serial numbers listed in paragraph 3.B. of 
Saab Service Bulletin 340-29-023, Revision 01, dated April 3, 2009.

Subject

    (d) Air Transport Association (ATA) of America Code 29: 
Hydraulic power.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    During 2008, two cases of main hydraulic accumulator failure 
were reported, one of which was caused by corrosion. Investigation 
has shown that a severe failure can occur to any of the four 
hydraulic accumulators which are installed in the hydraulic 
compartment. Either one of the two end parts on the accumulator may 
depart from the pressure vessel due to corrosion. This condition, if 
not corrected, is likely to degrade the functionality of the 
hydraulic system, possibly resulting in degradation or total loss of 
control of the landing gear, flap actuation and brakes. A severe 
failure during flight may even result in debris penetrating and 
exiting the fuselage outer skin. When such a failure occurs while 
the aeroplane is on the ground, as in the two reported cases, this 
may cause severe damage to the fuselage and result in injuries to 
persons nearby.
    Since AD 2008-0146 was issued, one more case of main hydraulic 
accumulator failure has been reported, which occurred in flight 
during final approach. The aeroplane was able to land safely and 
there were no injuries reported on the aeroplane or on the ground.
    To address and correct this unsafe condition, a modified 
hydraulic accumulator has been developed, which is sealed between 
the barrel and the screw cap and between the screw cap and the end 
cap.
    For the reasons described above, this EASA AD requires the 
replacement of the affected hydraulic accumulators P/N (part number) 
08 8423 001 1 and P/N 08 8423 030 1, as identified in Saab SB 
(Service Bulletin) 340-29-023, with a modified hydraulic 
accumulator.
    This AD is revised to indicate that the accomplishment of SAAB 
SB 340-29-024 is another acceptable method to correct the unsafe 
condition.

Actions and Compliance

    (f) Unless already done, replace the hydraulic accumulator at 
the applicable time specified in paragraph (f)(1) or (f)(2) of this 
AD in accordance with the instructions of Saab Service Bulletin 340-
29-023 or 340-29-024, both Revision 01, both dated April 3, 2009, as 
applicable.
    (1) For airplanes on which the manufacturing date of the 
hydraulic accumulator is June 2000 or earlier: Replace the 
accumulator with a new or modified accumulator within 12 months 
after the effective date of this AD.
    (2) For airplanes on which the manufacturing date of the 
accumulator is July 2000 or later: Replace the accumulator with a 
new or modified accumulator within 10 years after the manufacturing 
date or within 12 months after the effective date of this AD, 
whichever occurs later.
    (3) As of 12 months after the effective date of this AD, no 
person may install a hydraulic accumulator, P/N 08 8423 001 1 or P/N 
08 8423 030 1 on any airplane, except accumulators with serial 
numbers listed in paragraph 3.B. of Saab Service Bulletin 340-29-
023, Revision 01, dated April 3, 2009.
    (4) Actions done before the effective date of this AD in 
accordance with Saab Service Bulletin 340-29-023, dated June 10, 
2008, are acceptable for compliance with the corresponding 
requirements of this AD.

FAA AD Differences

    Note 1:  This AD differs from the MCAI and/or service 
information as follows: Where the MCAI includes a compliance time of 
``24 months,'' we have determined that a compliance time of ``within 
12 months after the effective date of the AD'' is appropriate. The 
manufacturer and EASA agree with this reduction in compliance time.

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, 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.
    (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 2008-0146R1, dated April 16, 2009; and Saab Service 
Bulletins 340-29-023 and 340-29-024, both Revision 01, both dated 
April 3, 2009; for related information.

Material Incorporated by Reference

    (i) You must use Saab Service Bulletin 340-29-023, Revision 01, 
dated April 3, 2009; or Saab Service Bulletin 340-29-024, Revision 
01, dated April 3, 2009; as applicable; 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.
    (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#463527272474767676683223252e35333636293432063527272421342933366825292b"><span class="__cf_email__" data-cfemail="87f4e6e6e5b5b7b7b7a9f3e2e4eff4f2f7f7e8f5f3c7f4e6e6e5e0f5e8f2f7a9e4e8ea">[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 October 26, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-26591 Filed 11-6-09; 8:45 am]
BILLING CODE 4910-13-P