Airworthiness Directives; Saab Model SAAB SF340A and SAAB 340B Series Airplanes, 20276-20279 [05-7686]
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Federal Register / Vol. 70, No. 74 / Tuesday, April 19, 2005 / Rules and Regulations
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. 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.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
I
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
I
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
I
2005–08–10 Boeing: Amendment 39–14062.
Docket No. FAA–2004–19810;
Directorate Identifier 2004–NM–119–AD.
Effective Date
(a) This AD becomes effective May 24,
2005.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Boeing Model 737–
600, –700, and –800 series airplanes, as
identified in Boeing Special Attention
Service Bulletin 737–54–1040, Revision 1,
dated August 14, 2003; certificated in any
category.
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(d) This AD was prompted by a report that
an injection seal in the engine strut area may
not have been properly completed or
installed during production. We are issuing
this AD to prevent flammable fluid (such as
fuel or hydraulic fluid) from leaking onto a
hot engine exhaust nozzle or into the engine
core fire zone, and consequently causing an
uncontrolled fire or explosion.
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.
Inspection and Corrective Action
(f) Within 18 months or 3,500 flight cycles
after the effective date of this AD, whichever
occurs first: Do a general visual inspection
for sealant at the interface of the upper spar
fittings, strut side skins, and the fittings of
the thrust reverser strut fairing on the engine
struts, in accordance with the
Accomplishment Instructions of Boeing
Special Attention Service Bulletin 737–54–
1040, dated November 14, 2002; or Revision
1, dated August 14, 2003.
(1) If the injection seal is found to properly
seal the entire gap, no further action is
required by this AD.
(2) If the injection seal is not found to
properly seal the entire gap or if the injection
seal is found to be missing, before further
flight, apply an injection seal or silicone
sponge rubber with fillet seal in accordance
with the Accomplishment Instructions of the
service bulletin.
Alternative Methods of Compliance
(AMOCs)
(g) The Manager, Seattle Aircraft
Certification Office, FAA, has the authority to
approve AMOCs for this AD, if requested in
accordance with the procedures found in 14
CFR 39.19.
Material Incorporated by Reference
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
Unsafe Condition
(h) You must use Boeing Special Attention
Service Bulletin 737–54–1040, dated
November 14, 2002; or Boeing Special
Attention Service Bulletin 737–54–1040,
Revision 1, dated August 14, 2003; to
perform the actions that are required by this
AD, unless the AD specifies otherwise. The
Director of the Federal Register approves the
incorporation by reference of these
documents in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. To get copies of
the service information, go to Boeing
Commercial Airplanes, P.O. Box 3707,
Seattle, Washington 98124–2207. To view the
AD docket, go to the Docket Management
Facility, U.S. Department of Transportation,
400 Seventh Street SW., room PL–401, Nassif
Building, Washington, DC. To review copies
of the service information, go to the National
Archives and Records Administration. For
information on the availability of this
material at the NARA, call (202) 741–6030,
or go to https://www.archives.gov/
federal_register/code_of_federal_regulations/
ibr_locations.html.
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Issued in Renton, Washington, on April 11,
2005.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 05–7685 Filed 4–18–05; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2003–NM–278–AD; Amendment
39–14063; AD 2005–08–11]
RIN 2120–AA64
Airworthiness Directives; Saab Model
SAAB SF340A and SAAB 340B Series
Airplanes
Federal Aviation
Administration, DOT.
ACTION: Final rule.
AGENCY:
SUMMARY: This amendment adopts a
new airworthiness directive (AD),
applicable to certain Saab Model SAAB
SF340A and SAAB 340B series
airplanes, that requires replacement of
certain hydraulic hoses with new
hydraulic hoses. This action is
necessary to prevent cracking and/or
rupture and subsequent failure of
hydraulic hoses. Such failure could
result in loss of hydraulic pressure and
fluid quantity, and consequent reduced
controllability of the airplane. This
action is intended to address the
identified unsafe condition.
DATES: Effective May 24, 2005.
The incorporation by reference of
certain publications listed in the
regulations is approved by the Director
of the Federal Register as of May 24,
2005.
ADDRESSES: The service information
referenced in this AD may be obtained
from Saab Aircraft AB, SAAB Aircraft
¨
Product Support, S–581.88, Linkoping,
Sweden. This information may be
examined at the Federal Aviation
Administration (FAA), Transport
Airplane Directorate, Rules Docket,
1601 Lind Avenue, SW., Renton,
Washington; or 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: https://www.archives.gov/
federal_register/
code_of_federal_regulations/
ibr_locations.html.
FOR FURTHER INFORMATION CONTACT: Dan
Rodina, Aerospace Engineer,
International Branch, ANM–116, FAA,
Transport Airplane Directorate, 1601
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Federal Register / Vol. 70, No. 74 / Tuesday, April 19, 2005 / Rules and Regulations
Lind Avenue, SW., Renton, Washington
98055–4056; telephone (425) 227–2125;
fax (425) 227–1149.
SUPPLEMENTARY INFORMATION: A
proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to
include an airworthiness directive (AD)
that is applicable to certain Saab Model
SAAB SF340A and SAAB 340B series
airplanes was published in the Federal
Register on March 5, 2004 (69 FR
10387). That action proposed to require
replacement of certain hydraulic hoses
with new hydraulic hoses.
Comments
Interested persons have been afforded
an opportunity to participate in the
making of this amendment. Due
consideration has been given to the
comments received.
Request To Withdraw Proposed Rule
One commenter, an operator, notes
that since the publication of the
proposed AD, the manufacturer has
revised Section F of the Airworthiness
Limitations Section of the SAAB 340
maintenance review board (MRB)
document to Revision 3. The commenter
states that the revised Airworthiness
Limitations Section includes the
replacement of the hydraulic hoses at
the life-limits specified in SAAB Service
Bulletin 340–29–022, Revision 01, dated
February 20, 2003. The commenter
states that, since the replacement of the
hydraulic hoses is now in the
Airworthiness Limitations Section, the
proposed AD is not needed.
The FAA partially agrees. Revision 03
of the SAAB 340 MRB document was
issued in October 2004. However, we
are currently reviewing Revision 04 of
the document, which, among other
changes, addresses the replacement
times for the hydraulic hoses.
The fact that the proposed revision to
the Airworthiness Limitations Section
now includes the replacement of the
hydraulic hoses at the life-limits
specified in the proposed AD does not
mean that AD action is not necessary.
Revisions to the Airworthiness
Limitations Section that occur after a
type certificate has been issued are not
mandatory. An AD is the appropriate
vehicle for mandating the changes to the
Airworthiness Limitations Section.
Also, the Airworthiness Limitations
Section does not address what actions
should be taken for hydraulic hoses that
have already exceeded the 12,000 flight
cycle limit. This AD mandates the
replacement of hydraulic hoses that
have already exceeded the 12,000 flight
cycle limit. Once we have approved
Revision 04 of the Airworthiness
Limitations Section, we may consider
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additional rulemaking action to
mandate repetitive replacement of the
hydraulic hoses. No change has been
made to this final rule in this regard.
Request To Include a Deferral From
Compliance With the Airworthiness
Limitations
One commenter, the manufacturer,
notes that the parallel Swedish
airworthiness directive, SAD–170,
became effective on December 17, 2001,
and had a compliance time of two years.
The commenter notes that, since the
expiration of the compliance time for
that airworthiness directive, a revision
of Section F, Airworthiness Limitations
Section, of the MRB document was
planned to include the hydraulic hoses
and life-limits specified in SAAB
Service Bulletin 340–29–022, Revision
01. The commenter notes that (at the
time of comment submittal) the
proposed release date of Revision 03 of
the MRB document is May 2004.
The commenter states that, due to the
absence of an FAA AD, U.S. operators
may not have performed the actions in
the service bulletin and must apply for
a deferral from the requirements of the
MRB report so that airplanes are not
grounded until the hydraulic hoses have
been replaced. The commenter also
states that there is a compliance time
conflict between the FAA AD and the
proposed revision to the Airworthiness
Limitations Section. The commenter
suggests that it is necessary to include
a statement in the FAA AD to give
operators a deferral from the MRB report
requirements until the compliance time
in the FAA AD has expired.
We do not agree with the commenter’s
request to include a deferral from the
requirements of the MRB report in this
final rule. The MRB report is not
mandatory for operators to follow unless
the MRB requirements are required by
an AD. Therefore, a deferral from the
requirements of the MRB is not
necessary. As stated previously, the
latest revision (Revision 04) of Section
F, Airworthiness Limitations Section, of
the MRB document has not yet been
FAA-approved. Once we have approved
the document, we may consider
additional rulemaking to require those
actions specified in the document that
relate to this AD. Therefore, at this time,
no compliance time conflict exists
between our AD and the Airworthiness
Limitations Section, and no deferral is
necessary. No change has been made to
this final rule in this regard.
Request for Credit for Accomplishment
of Original Issue of Service Bulletin
One commenter requests that, if an
AD is issued, the original issue of SAAB
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Service Bulletin 340–29–022, dated
December 14, 2001, be considered as an
additional acceptable source of service
information. The commenter states that
considering the original issue of the
service bulletin as an additional
acceptable source of service information
would save both operators and the FAA
time and effort in requesting and
addressing AMOCs. The commenter
states that its fleet of SAAB 340B
airplanes was modified per the original
issue of the service bulletin. The
commenter also states that it did not use
the procedures for identification of the
replacement hydraulic hoses that are
included in the original issue and
Revision 1 of the service bulletin.
Instead, the commenter used the
procedures mandated in section 45.14 of
the Federal Aviation Regulations (14
CFR 45.14), ‘‘Identification of critical
components.’’ The commenter notes
that it did not replace flap actuator
hoses because those hoses had never
failed. The commenter states that it used
airplane cycles at the time of
replacement of each hydraulic hose to
start tracking the 12,000-flight-cycle lifelimit for each hose.
We agree with the commenter’s
request. A new paragraph (b) has been
included in this final rule and the
subsequent paragraphs reidentified
accordingly. The new paragraph (b)
states that accomplishment of the
original issue of SAAB Service Bulletin
340–29–022, dated December 14, 2001,
is an additional appropriate source of
service information. The paragraph also
states that identifying newly installed
hydraulic hoses by using the procedures
mandated in section 45.14 of the
Federal Aviation Regulations (14 CFR
45.14), ‘‘Identification of critical
components,’’ is acceptable for
compliance with the requirements of the
AD.
Request To Change References to
Service Information
One commenter, the manufacturer,
requests that the ‘‘Explanation of
Relevant Service Information’’
paragraph in the proposed AD be
changed to include the statement ‘‘Saab
has issued Service Bulletin 340–29–022,
Revision 01, dated February 20, 2003,
and will soon issue revision 2.’’ The
commenter also requests that paragraph
(a) of the proposed AD be changed to
‘‘* * *Accomplishment Instructions of
Saab Service Bulletin 340–29–022,
Revision 01, dated February 20, 2003, or
later revision.’’ The commenter states
that Revision 02 of SAAB Service
Bulletin 340–29–022 will be released
soon, but the exact release date has not
been decided. Revision 02 will include
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Federal Register / Vol. 70, No. 74 / Tuesday, April 19, 2005 / Rules and Regulations
two new hydraulic hose part numbers
that can be ordered and used as
replacement parts. (Revision 01 of the
service bulletin is referenced in the
proposed AD for accomplishment of the
actions.)
Since the issuance of the proposed
AD Saab has issued Service Bulletin
340–29–022, Revision 02, dated May 5,
2004. We agree with the intent of the
commenter’s requests to reference
Revision 02 of the service bulletin in
this AD. We have revised paragraph (a)
of this AD to include Revision 02 of the
service bulletin as an additional
appropriate source of service
information. The ‘‘Explanation of
Relevant Service Information’’
paragraph is not restated in this AD, so
no change to that paragraph is possible
in this AD.
We cannot use the phrase, ‘‘or later
revision,’’ in an AD when referring to
the service document because doing so
violates Office of the Federal Register
(OFR) regulations for approval of
materials ‘‘incorporated by reference’’ in
rules. In general terms, we are required
by these OFR regulations to either
publish the service document contents
as part of the actual AD language; or
submit the service document to the OFR
for approval as ‘‘referenced’’ material, in
which case we may only refer to such
material in the text of an AD. The AD
may refer to the service document only
if the OFR approved it for
‘‘incorporation by reference.’’ To allow
operators to use later revisions of the
referenced document (issued after
publication of the AD), either we must
revise the AD to reference specific later
revisions, or operators must request
approval to use later revisions as an
AMOC with this AD under the
provisions of paragraph (c) of this AD.
Conclusion
After careful review of the available
data, including the comments noted
above, we have determined that air
safety and the public interest require the
adoption of the rule with the change
described previously. We have
determined that this change will neither
increase the economic burden on any
operator nor increase the scope of the
AD.
Cost Impact
We estimate that 308 airplanes of U.S.
registry will be affected by this AD, that
it will take approximately 5 work hours
per airplane to accomplish the required
actions, and that the average labor rate
is $65 per work hour. Required parts
will cost approximately $1,600 per
airplane. Based on these figures, the cost
impact of the AD on U.S. operators is
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estimated to be $592,900, or $1,925 per
airplane.
The cost impact figure discussed
above is based on assumptions that no
operator has yet accomplished any of
the requirements of this AD action, and
that no operator would accomplish
those actions in the future if this AD
were not adopted. The cost impact
figures discussed in AD rulemaking
actions represent only the time
necessary to perform the specific actions
actually required by the AD. These
figures typically do not include
incidental costs, such as the time
required to gain access and close up,
planning time, or time necessitated by
other administrative actions.
§ 39.13
Regulatory Impact
Replacement of Hydraulic Hoses
(a) Replace the hydraulic hoses leading to
the actuators of the flaps, main landing gear,
nose landing gear (NLG), NLG downlock, and
NLG wheel well, with new hydraulic hoses
by doing all of the actions per the
Accomplishment Instructions of Saab Service
Bulletin 340–29–022, Revision 01, dated
February 20, 2003; or Saab Service Bulletin
340–29–022, Revision 02, dated May 5, 2004.
Do the replacement at the times specified in
paragraphs (a)(1) and (a)(2) of this AD, as
applicable.
(1) For airplanes on which affected
hydraulic hoses have accumulated 12,000 or
more total flight cycles since new: Within the
next 5,000 flight cycles or 24 months after the
effective date of this AD, whichever is first.
(2) For airplanes on which affected
hydraulic hoses have accumulated less than
12,000 total flight cycles since new: Before
the accumulation of 12,000 total flight cycles
or within 24 months after the effective date
of this AD, whichever is later.
The regulations adopted herein 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. Therefore, it is
determined that this final rule does not
have federalism implications under
Executive Order 13132.
For the reasons discussed above, I
certify that this action (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. A final evaluation has
been prepared for this action and it is
contained in the Rules Docket. A copy
of it may be obtained from the Rules
Docket at the location provided under
the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority
delegated to me by the Administrator,
the Federal Aviation Administration
amends part 39 of the Federal Aviation
Regulations (14 CFR part 39) as follows:
I
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
I
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Authority: 49 U.S.C. 106(g), 40113, 44701.
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[Amended]
2. Section 39.13 is amended by adding
the following new airworthiness
directive:
I
2005–08–11 Saab Aircraft AB: Amendment
39–14063. Docket 2003–NM–278–AD.
Applicability: Model SAAB SF340A series
airplanes having serial numbers 004 through
159 inclusive, and SAAB 340B series
airplanes having serial numbers 160 through
459 inclusive; certificated in any category.
Compliance: Required as indicated, unless
accomplished previously.
To prevent cracking and/or rupture and
subsequent failure of hydraulic hoses, which
could result in loss of hydraulic pressure and
fluid quantity, and consequent reduced
controllability of the airplane, accomplish
the following:
Actions Accomplished Previously
(b) Accomplishment of the specified
replacement before the effective date of this
AD per Saab Service Bulletin 340–29–022,
dated December 14, 2001; or identification of
newly installed hoses using the procedures
in section 45.14 of the Federal Aviation
Regulations (14 CFR 45.14), ‘‘Identification of
critical components’’; are considered
acceptable for compliance with the
applicable requirements of this AD.
Alternative Methods of Compliance
(c) In accordance with 14 CFR 39.19, the
Manager, International Branch, ANM–116,
FAA, Transport Airplane Directorate, is
authorized to approve alternative methods of
compliance for this AD.
Incorporation by Reference
(d) Unless otherwise specified in this AD,
the actions shall be done in accordance with
Saab Service Bulletin 340–29–022, Revision
01, dated February 20, 2003; or Saab Service
Bulletin 340–29–022, Revision 02, dated May
5, 2004. This incorporation by reference was
approved by the Director of the Federal
Register in accordance with 5 U.S.C. 552(a)
and 1 CFR part 51. Copies may be obtained
from Saab Aircraft AB, SAAB Aircraft
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Federal Register / Vol. 70, No. 74 / Tuesday, April 19, 2005 / Rules and Regulations
¨
Product Support, S–581.88, Linkoping,
Sweden. Copies may be inspected at the
FAA, Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington; or 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: https://
www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
Note 1: The subject of this AD is addressed
in Swedish airworthiness directive 1–170,
dated December 17, 2001.
Effective Date
(e) This amendment becomes effective on
May 24, 2005.
Issued in Renton, Washington, on April 11,
2005.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 05–7686 Filed 4–18–05; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[TD 9198]
RIN 1545–AY42
Guidance Under Section 355(e);
Recognition of Gain on Certain
Distributions of Stock or Securities in
Connection With an Acquisition
Internal Revenue Service (IRS),
Treasury.
ACTION: Final regulations and removal of
temporary regulations.
AGENCY:
SUMMARY: This document contains final
regulations under section 355(e) of the
Internal Revenue Code relating to the
recognition of gain on certain
distributions of stock or securities of a
controlled corporation in connection
with an acquisition. Changes to the
applicable law were made by the
Taxpayer Relief Act of 1997. These
regulations affect corporations and are
necessary to provide them with
guidance needed to comply with those
changes.
DATES: Effective Date: These regulations
are effective April 19, 2005.
Applicability Date: For dates of
applicability, see § 1.355–7(k).
FOR FURTHER INFORMATION CONTACT:
Amber R. Cook, (202) 622–7530 (not a
toll-free number).
SUPPLEMENTARY INFORMATION:
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Background and Explanation of
Provisions
This document contains amendments
to 26 CFR part 1 under section 355(e) of
the Internal Revenue Code (Code).
Section 355(e) provides that the stock of
a controlled corporation will not be
qualified property under section
355(c)(2) or 361(c)(2) if the stock is
distributed as ‘‘part of a plan (or series
of related transactions) pursuant to
which 1 or more persons acquire
directly or indirectly stock representing
a 50-percent or greater interest in the
distributing corporation or any
controlled corporation.’’
On April 26, 2002, temporary
regulations (TD 8988) (the 2002
temporary regulations) were published
in the Federal Register (67 FR 20632).
The 2002 temporary regulations provide
guidance concerning the interpretation
of the phrase ‘‘plan (or series of related
transactions).’’ A notice of proposed
rulemaking (REG–163892–01) (the 2002
proposed regulations) cross-referencing
the 2002 temporary regulations was
published in the Federal Register for
the same day (67 FR 20711).
The 2002 temporary regulations
provide that whether a distribution and
an acquisition are part of a plan is
determined based on all the facts and
circumstances and set forth a
nonexclusive list of factors that are
relevant in making that determination.
The 2002 temporary regulations also
provide that a distribution and a postdistribution acquisition not involving a
public offering can be part of a plan
only if there was an agreement,
understanding, arrangement, or
substantial negotiations regarding the
acquisition or a similar acquisition at
some time during the two-year period
preceding the distribution (the postdistribution acquisition rule). Finally,
the 2002 temporary regulations set forth
seven safe harbors. The satisfaction of
any one of these safe harbors confirms
that a distribution and an acquisition
are not part of a plan.
No public hearing was requested or
held for the 2002 proposed regulations.
Written and electronic comments
responding to the notice of proposed
rulemaking were received. After
consideration of the comments, the 2002
proposed regulations are adopted as
amended by this Treasury decision, and
the corresponding temporary
regulations are removed. The more
significant comments and revisions are
discussed below.
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A. Pre-Distribution Acquisitions Not
Involving a Public Offering
The 2002 temporary regulations
include a safe harbor, Safe Harbor IV,
that may be available for a predistribution acquisition. That safe
harbor provides that an acquisition and
a distribution that occurs more than two
years after the acquisition are not part
of a plan if there was no agreement,
understanding, arrangement, or
substantial negotiations concerning the
distribution at the time of the
acquisition or within six months
thereafter. In addition to Safe Harbor IV,
the 2002 temporary regulations identify
a number of factors that are relevant in
determining whether a distribution and
a pre-distribution acquisition not
involving a public offering are part of a
plan. Among the factors tending to show
that a distribution and a pre-distribution
acquisition not involving a public
offering are not part of a plan is the
absence of discussions by the
distributing corporation (Distributing) or
the controlled corporation (Controlled)
with the acquirer regarding a
distribution during the two-year period
before the acquisition (the nodiscussions factor). The absence of such
discussions, however, will not tend to
show that a distribution and an
acquisition are not part of a plan if the
acquisition occurs after the date of the
public announcement of the planned
distribution (the public announcement
restriction).
Commentators have suggested that,
under the 2002 temporary regulations, it
is more difficult to establish that a
distribution and a pre-distribution
acquisition not involving a public
offering are not part of a plan than it is
to establish that a distribution and a
post-distribution acquisition are not part
of a plan. This suggestion is based in
part on the fact that the 2002 temporary
regulations include the post-distribution
acquisition rule for post-distribution
acquisitions but no analogous rule for
pre-distribution acquisitions.
Commentators have proposed
extending the availability of Safe Harbor
IV by reducing the period between the
acquisition and the distribution from
two years to one year. They have also
suggested adopting a new safe harbor
that would be available for acquisitions
of Distributing that occur before a pro
rata distribution. Finally, commentators
have suggested that the public
announcement restriction on the nodiscussions factor be eliminated because
a public announcement, as a practical
matter, commits Distributing to attempt
the distribution and, thus, is strong
evidence that the distribution would
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]]>Agencies
[Federal Register Volume 70, Number 74 (Tuesday, April 19, 2005)]
[Rules and Regulations]
[Pages 20276-20279]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-7686]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2003-NM-278-AD; Amendment 39-14063; AD 2005-08-11]
RIN 2120-AA64
Airworthiness Directives; Saab Model SAAB SF340A and SAAB 340B
Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
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SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to certain Saab Model SAAB SF340A and SAAB 340B series
airplanes, that requires replacement of certain hydraulic hoses with
new hydraulic hoses. This action is necessary to prevent cracking and/
or rupture and subsequent failure of hydraulic hoses. Such failure
could result in loss of hydraulic pressure and fluid quantity, and
consequent reduced controllability of the airplane. This action is
intended to address the identified unsafe condition.
DATES: Effective May 24, 2005.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of May 24, 2005.
ADDRESSES: The service information referenced in this AD may be
obtained from Saab Aircraft AB, SAAB Aircraft Product Support, S-
581.88, Link[ouml]ping, Sweden. This information may be examined at the
Federal Aviation Administration (FAA), Transport Airplane Directorate,
Rules Docket, 1601 Lind Avenue, SW., Renton, Washington; or 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: https://www.archives.gov/federal_register/code_of_federal_
regulations/ibr_locations.html.
FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601
[[Page 20277]]
Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 227-
2125; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to include an airworthiness
directive (AD) that is applicable to certain Saab Model SAAB SF340A and
SAAB 340B series airplanes was published in the Federal Register on
March 5, 2004 (69 FR 10387). That action proposed to require
replacement of certain hydraulic hoses with new hydraulic hoses.
Comments
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the comments received.
Request To Withdraw Proposed Rule
One commenter, an operator, notes that since the publication of the
proposed AD, the manufacturer has revised Section F of the
Airworthiness Limitations Section of the SAAB 340 maintenance review
board (MRB) document to Revision 3. The commenter states that the
revised Airworthiness Limitations Section includes the replacement of
the hydraulic hoses at the life-limits specified in SAAB Service
Bulletin 340-29-022, Revision 01, dated February 20, 2003. The
commenter states that, since the replacement of the hydraulic hoses is
now in the Airworthiness Limitations Section, the proposed AD is not
needed.
The FAA partially agrees. Revision 03 of the SAAB 340 MRB document
was issued in October 2004. However, we are currently reviewing
Revision 04 of the document, which, among other changes, addresses the
replacement times for the hydraulic hoses.
The fact that the proposed revision to the Airworthiness
Limitations Section now includes the replacement of the hydraulic hoses
at the life-limits specified in the proposed AD does not mean that AD
action is not necessary. Revisions to the Airworthiness Limitations
Section that occur after a type certificate has been issued are not
mandatory. An AD is the appropriate vehicle for mandating the changes
to the Airworthiness Limitations Section. Also, the Airworthiness
Limitations Section does not address what actions should be taken for
hydraulic hoses that have already exceeded the 12,000 flight cycle
limit. This AD mandates the replacement of hydraulic hoses that have
already exceeded the 12,000 flight cycle limit. Once we have approved
Revision 04 of the Airworthiness Limitations Section, we may consider
additional rulemaking action to mandate repetitive replacement of the
hydraulic hoses. No change has been made to this final rule in this
regard.
Request To Include a Deferral From Compliance With the Airworthiness
Limitations
One commenter, the manufacturer, notes that the parallel Swedish
airworthiness directive, SAD-170, became effective on December 17,
2001, and had a compliance time of two years. The commenter notes that,
since the expiration of the compliance time for that airworthiness
directive, a revision of Section F, Airworthiness Limitations Section,
of the MRB document was planned to include the hydraulic hoses and
life-limits specified in SAAB Service Bulletin 340-29-022, Revision 01.
The commenter notes that (at the time of comment submittal) the
proposed release date of Revision 03 of the MRB document is May 2004.
The commenter states that, due to the absence of an FAA AD, U.S.
operators may not have performed the actions in the service bulletin
and must apply for a deferral from the requirements of the MRB report
so that airplanes are not grounded until the hydraulic hoses have been
replaced. The commenter also states that there is a compliance time
conflict between the FAA AD and the proposed revision to the
Airworthiness Limitations Section. The commenter suggests that it is
necessary to include a statement in the FAA AD to give operators a
deferral from the MRB report requirements until the compliance time in
the FAA AD has expired.
We do not agree with the commenter's request to include a deferral
from the requirements of the MRB report in this final rule. The MRB
report is not mandatory for operators to follow unless the MRB
requirements are required by an AD. Therefore, a deferral from the
requirements of the MRB is not necessary. As stated previously, the
latest revision (Revision 04) of Section F, Airworthiness Limitations
Section, of the MRB document has not yet been FAA-approved. Once we
have approved the document, we may consider additional rulemaking to
require those actions specified in the document that relate to this AD.
Therefore, at this time, no compliance time conflict exists between our
AD and the Airworthiness Limitations Section, and no deferral is
necessary. No change has been made to this final rule in this regard.
Request for Credit for Accomplishment of Original Issue of Service
Bulletin
One commenter requests that, if an AD is issued, the original issue
of SAAB Service Bulletin 340-29-022, dated December 14, 2001, be
considered as an additional acceptable source of service information.
The commenter states that considering the original issue of the service
bulletin as an additional acceptable source of service information
would save both operators and the FAA time and effort in requesting and
addressing AMOCs. The commenter states that its fleet of SAAB 340B
airplanes was modified per the original issue of the service bulletin.
The commenter also states that it did not use the procedures for
identification of the replacement hydraulic hoses that are included in
the original issue and Revision 1 of the service bulletin. Instead, the
commenter used the procedures mandated in section 45.14 of the Federal
Aviation Regulations (14 CFR 45.14), ``Identification of critical
components.'' The commenter notes that it did not replace flap actuator
hoses because those hoses had never failed. The commenter states that
it used airplane cycles at the time of replacement of each hydraulic
hose to start tracking the 12,000-flight-cycle life-limit for each
hose.
We agree with the commenter's request. A new paragraph (b) has been
included in this final rule and the subsequent paragraphs reidentified
accordingly. The new paragraph (b) states that accomplishment of the
original issue of SAAB Service Bulletin 340-29-022, dated December 14,
2001, is an additional appropriate source of service information. The
paragraph also states that identifying newly installed hydraulic hoses
by using the procedures mandated in section 45.14 of the Federal
Aviation Regulations (14 CFR 45.14), ``Identification of critical
components,'' is acceptable for compliance with the requirements of the
AD.
Request To Change References to Service Information
One commenter, the manufacturer, requests that the ``Explanation of
Relevant Service Information'' paragraph in the proposed AD be changed
to include the statement ``Saab has issued Service Bulletin 340-29-022,
Revision 01, dated February 20, 2003, and will soon issue revision 2.''
The commenter also requests that paragraph (a) of the proposed AD be
changed to ``* * *Accomplishment Instructions of Saab Service Bulletin
340-29-022, Revision 01, dated February 20, 2003, or later revision.''
The commenter states that Revision 02 of SAAB Service Bulletin 340-29-
022 will be released soon, but the exact release date has not been
decided. Revision 02 will include
[[Page 20278]]
two new hydraulic hose part numbers that can be ordered and used as
replacement parts. (Revision 01 of the service bulletin is referenced
in the proposed AD for accomplishment of the actions.)
Since the issuance of the proposed AD Saab has issued Service
Bulletin 340-29-022, Revision 02, dated May 5, 2004. We agree with the
intent of the commenter's requests to reference Revision 02 of the
service bulletin in this AD. We have revised paragraph (a) of this AD
to include Revision 02 of the service bulletin as an additional
appropriate source of service information. The ``Explanation of
Relevant Service Information'' paragraph is not restated in this AD, so
no change to that paragraph is possible in this AD.
We cannot use the phrase, ``or later revision,'' in an AD when
referring to the service document because doing so violates Office of
the Federal Register (OFR) regulations for approval of materials
``incorporated by reference'' in rules. In general terms, we are
required by these OFR regulations to either publish the service
document contents as part of the actual AD language; or submit the
service document to the OFR for approval as ``referenced'' material, in
which case we may only refer to such material in the text of an AD. The
AD may refer to the service document only if the OFR approved it for
``incorporation by reference.'' To allow operators to use later
revisions of the referenced document (issued after publication of the
AD), either we must revise the AD to reference specific later
revisions, or operators must request approval to use later revisions as
an AMOC with this AD under the provisions of paragraph (c) of this AD.
Conclusion
After careful review of the available data, including the comments
noted above, we have determined that air safety and the public interest
require the adoption of the rule with the change described previously.
We have determined that this change will neither increase the economic
burden on any operator nor increase the scope of the AD.
Cost Impact
We estimate that 308 airplanes of U.S. registry will be affected by
this AD, that it will take approximately 5 work hours per airplane to
accomplish the required actions, and that the average labor rate is $65
per work hour. Required parts will cost approximately $1,600 per
airplane. Based on these figures, the cost impact of the AD on U.S.
operators is estimated to be $592,900, or $1,925 per airplane.
The cost impact figure discussed above is based on assumptions that
no operator has yet accomplished any of the requirements of this AD
action, and that no operator would accomplish those actions in the
future if this AD were not adopted. The cost impact figures discussed
in AD rulemaking actions represent only the time necessary to perform
the specific actions actually required by the AD. These figures
typically do not include incidental costs, such as the time required to
gain access and close up, planning time, or time necessitated by other
administrative actions.
Regulatory Impact
The regulations adopted herein 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. Therefore, it
is determined that this final rule does not have federalism
implications under Executive Order 13132.
For the reasons discussed above, I certify that this action (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. A final evaluation has been prepared for this action
and it is contained in the Rules Docket. A copy of it may be obtained
from the Rules Docket at the location provided under the caption
ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (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. Section 39.13 is amended by adding the following new airworthiness
directive:
2005-08-11 Saab Aircraft AB: Amendment 39-14063. Docket 2003-NM-278-
AD.
Applicability: Model SAAB SF340A series airplanes having serial
numbers 004 through 159 inclusive, and SAAB 340B series airplanes
having serial numbers 160 through 459 inclusive; certificated in any
category.
Compliance: Required as indicated, unless accomplished
previously.
To prevent cracking and/or rupture and subsequent failure of
hydraulic hoses, which could result in loss of hydraulic pressure
and fluid quantity, and consequent reduced controllability of the
airplane, accomplish the following:
Replacement of Hydraulic Hoses
(a) Replace the hydraulic hoses leading to the actuators of the
flaps, main landing gear, nose landing gear (NLG), NLG downlock, and
NLG wheel well, with new hydraulic hoses by doing all of the actions
per the Accomplishment Instructions of Saab Service Bulletin 340-29-
022, Revision 01, dated February 20, 2003; or Saab Service Bulletin
340-29-022, Revision 02, dated May 5, 2004. Do the replacement at
the times specified in paragraphs (a)(1) and (a)(2) of this AD, as
applicable.
(1) For airplanes on which affected hydraulic hoses have
accumulated 12,000 or more total flight cycles since new: Within the
next 5,000 flight cycles or 24 months after the effective date of
this AD, whichever is first.
(2) For airplanes on which affected hydraulic hoses have
accumulated less than 12,000 total flight cycles since new: Before
the accumulation of 12,000 total flight cycles or within 24 months
after the effective date of this AD, whichever is later.
Actions Accomplished Previously
(b) Accomplishment of the specified replacement before the
effective date of this AD per Saab Service Bulletin 340-29-022,
dated December 14, 2001; or identification of newly installed hoses
using the procedures in section 45.14 of the Federal Aviation
Regulations (14 CFR 45.14), ``Identification of critical
components''; are considered acceptable for compliance with the
applicable requirements of this AD.
Alternative Methods of Compliance
(c) In accordance with 14 CFR 39.19, the Manager, International
Branch, ANM-116, FAA, Transport Airplane Directorate, is authorized
to approve alternative methods of compliance for this AD.
Incorporation by Reference
(d) Unless otherwise specified in this AD, the actions shall be
done in accordance with Saab Service Bulletin 340-29-022, Revision
01, dated February 20, 2003; or Saab Service Bulletin 340-29-022,
Revision 02, dated May 5, 2004. This incorporation by reference was
approved by the Director of the Federal Register in accordance with
5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from Saab
Aircraft AB, SAAB Aircraft
[[Page 20279]]
Product Support, S-581.88, Link[ouml x ]ping, Sweden.
Copies may be inspected at the FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington; or 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: https://www.archives.gov/federal_register/code_of_federal_
regulations/ibr_locations.html.
Note 1: The subject of this AD is addressed in Swedish
airworthiness directive 1-170, dated December 17, 2001.
Effective Date
(e) This amendment becomes effective on May 24, 2005.
Issued in Renton, Washington, on April 11, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-7686 Filed 4-18-05; 8:45 am]
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