Airworthiness Directives; Saab Model SAAB-Fairchild SF340A (SAAB/SF340A) and SAAB 340B Airplanes, 53501-53504 [E7-18478]
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Federal Register / Vol. 72, No. 181 / Wednesday, September 19, 2007 / Proposed Rules
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10,000 flight cycles on the lower forward
corner reveal, do the detailed inspection for
cracking specified in paragraph (j) of this AD
and inspect thereafter at intervals not to
exceed 6,000 flight cycles, until a new or
reworked two-piece reveal is installed in
accordance with Part 2 of the service
bulletin. No further action is required by this
paragraph for that location only after the
replacement.
(2) If no cracking is found but a sharp edge
is found, do the action specified in paragraph
(j)(2)(i) or (j)(2)(ii) of this AD.
(i) Before further flight, replace the lower
forward corner reveal with a new or
reworked two-piece reveal, in accordance
with Part 2 of the service bulletin. No further
action is required by this paragraph for that
location only after the replacement.
(ii) Before further flight, replace the reveal
with a new or reworked one-piece machined
aluminum reveal without a sharp edge, in
accordance with Part 3 of the service
bulletin. Within 10,000 flight cycles after
doing the replacement, do the actions
specified in paragraph (j) of this AD, except
for the inspection for a sharp edge.
(3) If cracking is found, do the action
specified in paragraph (j)(3)(i) or (j)(3)(ii) of
this AD.
(i) Before further flight, replace the reveal
with a new or reworked two-piece reveal, in
accordance with Part 2 of the service
bulletin. No further action is required by this
paragraph for that location only after the
replacement.
(ii) Before further flight, replace the lower
forward corner reveal with a new or
reworked one-piece machined aluminum
reveal without a sharp edge, in accordance
with Part 3 of the service bulletin. Within
10,000 flight cycles after doing the
replacement, do the actions specified in
paragraph (j) of this AD, except for the
inspection for a sharp edge.
Actions for Group 1, Configuration 1
Airplanes
(k) For airplanes identified as Group 1,
Configuration 1 airplanes in the service
bulletin: Before the accumulation of 1,500
total flight cycles, or within 1,000 flight
cycles after the effective date of this AD,
whichever occurs later, do a material type
inspection to determine if the lower forward
corner reveals are castings, in accordance
with the service bulletin.
(1) If the forward corner reveal is not a
casting: Before further flight, do the actions
specified in paragraph (j) of this AD, except
for the inspection for a sharp edge.
(2) If the forward corner reveal is a casting:
Before the accumulation of 7,000 total flight
cycles, within 2,000 flight cycles after the
effective date of this AD, or within 3,000
flight cycles since the forward corner reveal
was inspected in accordance with Boeing
Service Bulletin 747–53A2378, whichever is
later, do a detailed inspection for cracking of
the lower forward corner reveal, in
accordance with Part 1 of Boeing Special
Attention Service Bulletin 747–53–2460,
Revision 1, dated February 13, 2007.
(i) If no cracking is found: Repeat the
inspection specified in paragraph (k)(2) of
this AD thereafter at intervals not to exceed
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3,000 flight cycles until a new or reworked
two-piece lower forward corner reveal is
installed in accordance with Part 2 of the
service bulletin. No further action is required
by this paragraph for that location only after
the replacement.
(ii) If cracking is found: Do the actions
specified in paragraph (k)(2)(ii)(A),
(k)(2)(ii)(B), or (k)(2)(ii)(C) of this AD.
(A) Before further flight, weld repair the
reveal in accordance with Part 4 of the
service bulletin. Repeat the inspection
specified in paragraph (k)(2) of this AD
thereafter at intervals not to exceed 3,000
flight cycles until a new or reworked twopiece reveal is installed in accordance with
Part 2 of the service bulletin.
(B) Before further flight, replace the reveal
with a new or reworked two-piece reveal, in
accordance with Part 2 of the service
bulletin. No further action is required by this
paragraph for that location only after the
replacement.
(C) Before further flight, replace the reveal
with a new or reworked one-piece machined
aluminum reveal without a sharp edge, in
accordance with Part 3 of the service
bulletin. Within 10,000 flight cycles after
doing the replacement, do the actions
specified in paragraph (j) of this AD, except
for the inspection for a sharp edge.
Operator’s Equivalent Procedure
(l) Although Step 5 of Figure 8 of the
service bulletin specifies that operators may
accomplish the actions in accordance with
‘‘an operator’s equivalent procedure,’’ this
AD requires operators to accomplish Step 5
of Figure 8 in accordance with only the
procedures specified in Boeing Standard
Overhaul Practices Manual (SOPM) 20–20–
02 as given in the service bulletin. An
‘‘operator’s equivalent procedure’’ may be
used only if approved as an alternative
method of compliance in accordance with
paragraph (p) of this AD.
Compliance With AD 2007–12–11 for MED 3
Only
(m) Accomplishment of the applicable
repair required by this AD constitutes
compliance with the repair of the lower
forward corner casting (reveal) of the number
3 MEDs only, as required by paragraph
(q)(2)(ii) of AD 2007–12–11 (which specifies
the actions be done in accordance with
Boeing Service Bulletin 747–53A2378,
Revision 1, dated March 10, 1994; or Boeing
Service Bulletin 747–53A2378, Revision 3,
dated August 11, 2005). Accomplishment of
the actions of this AD does not terminate the
remaining requirements of AD 2007–12–11.
Parts Installation
(n) As of the effective date of this AD, no
person may install a door lower forward
corner reveal made of cast 356 aluminum on
any airplane at a location specified by this
AD.
(o) As of the effective date of this AD, no
person may install a door lower forward
corner reveal made of machined 6061
aluminum on any airplane at a location
specified by this AD, unless it has been
confirmed/reworked to be without a sharp
edge in accordance with the service bulletin.
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53501
Alternative Methods of Compliance
(AMOCs)
(p)(1) The Manager, Seattle Aircraft
Certification Office (ACO), FAA, has the
authority to approve AMOCs for this AD, if
requested in accordance with the procedures
found in 14 CFR 39.19.
(2) To request a different method of
compliance or a different compliance time
for this AD, follow the procedures in 14 CFR
39.19. Before using any approved AMOC on
any airplane to which the AMOC applies,
notify your appropriate principal inspector
(PI) in the FAA Flight Standards District
Office (FSDO), or lacking a PI, your local
FSDO.
(3) An AMOC that provides an acceptable
level of safety may be used for any repair
required by this AD, if it is approved by an
Authorized Representative for the Boeing
Commercial Airplanes Delegation Option
Authorization Organization who has been
authorized by the Manager, Seattle ACO, to
make those findings. For a repair method to
be approved, the repair must meet the
certification basis of the airplane, and the
approval must specifically refer to this AD.
Issued in Renton, Washington, on
September 10, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E7–18420 Filed 9–18–07; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2007–29248; Directorate
Identifier 2007–NM–155–AD]
RIN 2120–AA64
Airworthiness Directives; Saab Model
SAAB-Fairchild SF340A (SAAB/
SF340A) and SAAB 340B Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
SUMMARY: We propose to adopt a new
airworthiness directive (AD) for the
products listed above. This proposed
AD results from mandatory continuing
airworthiness information (MCAI)
originated by an aviation authority of
another country to identify and correct
an unsafe condition on an aviation
product. The MCAI describes the unsafe
condition as:
Subsequent to accidents involving Fuel
Tank System explosions in flight * * * and
on ground, * * * Special Federal Aviation
Regulation 88 (SFAR88) * * * required a
safety review of the aircraft Fuel Tank
System * * *.
*
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Federal Register / Vol. 72, No. 181 / Wednesday, September 19, 2007 / Proposed Rules
Fuel Airworthiness Limitations are items
arising from a systems safety analysis that
have been shown to have failure mode(s)
associated with an ‘unsafe condition’ * * *.
These are identified in Failure Conditions for
which an unacceptable probability of ignition
risk could exist if specific tasks and/or
practices are not performed in accordance
with the manufacturers’ requirements.
The proposed AD would require
actions that are intended to address the
unsafe condition described in the MCAI.
DATES: We must receive comments on
this proposed AD by October 19, 2007.
ADDRESSES: You may send comments by
any of the following methods:
• DOT Docket Web Site: Go to
https://dms.dot.gov and follow the
instructions for sending your comments
electronically.
• Fax: (202) 493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.
• Hand Delivery: Room W12–140 on
the ground floor of the West Building,
1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
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Examining the AD Docket
You may examine the AD docket on
the Internet at https://dms.dot.gov; or in
person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this proposed
AD, the regulatory evaluation, any
comments received, and other
information. The street address for the
Docket Operations office (telephone
(800) 647–5527) is in the ADDRESSES
section. Comments will be available in
the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT:
Mike Borfitz, Aerospace Engineer,
International Branch, ANM–116, FAA,
Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, WA 98057–
3356; telephone (425) 227–2677; fax
(425) 227–1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written
relevant data, views, or arguments about
this proposed AD. Send your comments
to an address listed under the
ADDRESSES section. Include ‘‘Docket No.
FAA–2007–29248; Directorate Identifier
2007–NM–155–AD’’ at the beginning of
your comments. We specifically invite
comments on the overall regulatory,
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economic, environmental, and energy
aspects of this proposed AD. We will
consider all comments received by the
closing date and may amend this
proposed AD based on those comments.
We will post all comments we
receive, without change, to https://
dms.dot.gov, including any personal
information you provide. We will also
post a report summarizing each
substantive verbal contact we receive
about this proposed AD.
Discussion
The European Aviation Safety Agency
(EASA), which is the Technical Agent
for the Member States of the European
Community, has issued EASA
Airworthiness Directive 2006–0221,
dated July 20, 2006 (referred to after this
as ‘‘the MCAI’’), to correct an unsafe
condition for the specified products.
The MCAI states:
Subsequent to accidents involving Fuel
Tank System explosions in flight * * * and
on ground, the FAA published Special
Federal Aviation Regulation 88 (SFAR 88) in
June 2001. SFAR 88 required a safety review
of the aircraft Fuel Tank System to determine
that the design meets the requirements of
FAR (Federal Aviation Regulation) § 25.901
and § 25.981(a) and (b).
A similar regulation has been
recommended by the JAA (Joint Aviation
Authorities) to the European National
Aviation Authorities in JAA letter 04/00/02/
07/03–L024 of 3 February 2003. The review
was requested to be mandated by NAA’s
(National Aviation Authorities) using JAR
(Joint Aviation Regulation) § 25.901(c),
§ 25.1309.
In August 2005 EASA published a policy
statement on the process for developing
instructions for maintenance and inspection
of Fuel Tank System ignition source
prevention (EASA D 2005/CPRO, https://
www.easa.eu.int/home/
cert_policy_statements_en.html) that also
included the EASA expectations with regard
to compliance times of the corrective actions
on the unsafe and the not unsafe part of the
harmonised design review results. On a
global scale the TC (type certificate) holders
committed themselves to the EASA
published compliance dates (see EASA
policy statement). The EASA policy
statement has been revised in March 2006:
The date of 31–12–2005 for the unsafe related
actions has now been set at 01–07–2006.
Fuel Airworthiness Limitations are items
arising from a systems safety analysis that
have been shown to have failure mode(s)
associated with an ‘unsafe condition’ as
defined in FAA’s memo 2003–112–15 ‘SFAR
88—Mandatory Action Decision Criteria’.
These are identified in Failure Conditions for
which an unacceptable probability of ignition
risk could exist if specific tasks and/or
practices are not performed in accordance
with the manufacturers’ requirements.
This EASA Airworthiness Directive
mandates the Fuel System Airworthiness
Limitations (comprising maintenance/
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inspection tasks and Critical Design
Configuration Control Limitations (CDCCL))
for the type of aircraft, that resulted from the
design reviews and the JAA recommendation
and EASA policy statement mentioned
above.
The corrective action is revising the
Airworthiness Limitations Section of
the Instructions for Continued
Airworthiness to incorporate new
limitations for fuel tank systems. You
may obtain further information by
examining the MCAI in the AD docket.
The FAA has examined the
underlying safety issues involved in fuel
tank explosions on several large
transport airplanes, including the
adequacy of existing regulations, the
service history of airplanes subject to
those regulations, and existing
maintenance practices for fuel tank
systems. As a result of those findings,
we issued a regulation titled ‘‘Transport
Airplane Fuel Tank System Design
Review, Flammability Reduction and
Maintenance and Inspection
Requirements’’ (66 FR 23086, May 7,
2001). In addition to new airworthiness
standards for transport airplanes and
new maintenance requirements, this
rule included Special Federal Aviation
Regulation No. 88 (‘‘SFAR 88,’’
Amendment 21–78, and subsequent
Amendments 21–82 and 21–83).
Among other actions, SFAR 88
requires certain type design (i.e., type
certificate (TC) and supplemental type
certificate (STC)) holders to substantiate
that their fuel tank systems can prevent
ignition sources in the fuel tanks. This
requirement applies to type design
holders for large turbine-powered
transport airplanes and for subsequent
modifications to those airplanes. It
requires them to perform design reviews
and to develop design changes and
maintenance procedures if their designs
do not meet the new fuel tank safety
standards. As explained in the preamble
to the rule, we intended to adopt
airworthiness directives to mandate any
changes found necessary to address
unsafe conditions identified as a result
of these reviews.
In evaluating these design reviews, we
have established four criteria intended
to define the unsafe conditions
associated with fuel tank systems that
require corrective actions. The
percentage of operating time during
which fuel tanks are exposed to
flammable conditions is one of these
criteria. The other three criteria address
the failure types under evaluation:
Single failures, single failures in
combination with a latent condition(s),
and in-service failure experience. For all
four criteria, the evaluations included
consideration of previous actions taken
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that may mitigate the need for further
action.
The Joint Aviation Authorities (JAA)
has issued a regulation that is similar to
SFAR 88. (The JAA is an associated
body of the European Civil Aviation
Conference (ECAC) representing the
civil aviation regulatory authorities of a
number of European States who have
agreed to co-operate in developing and
implementing common safety regulatory
standards and procedures.) Under this
regulation, the JAA stated that all
members of the ECAC that hold type
certificates for transport category
airplanes are required to conduct a
design review against explosion risks.
We have determined that the actions
identified in this AD are necessary to
reduce the potential of ignition sources
inside fuel tanks, which, in combination
with flammable fuel vapors, could result
in fuel tank explosions and consequent
loss of the airplane.
Relevant Service Information
Saab has issued Saab 340 Fuel
Airworthiness Limitations Document
340 LKS 009033, dated February 14,
2006. The actions described in this
service information are intended to
correct the unsafe condition identified
in the MCAI.
FAA’s Determination and Requirements
of This Proposed AD
This product has been approved by
the aviation authority of another
country, and is approved for operation
in the United States. Pursuant to our
bilateral agreement with the State of
Design Authority, we have been notified
of the unsafe condition described in the
MCAI and service information
referenced above. We are proposing this
AD because we evaluated all pertinent
information and determined an unsafe
condition exists and is likely to exist or
develop on other products of the same
type design.
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Differences Between This AD and the
MCAI or Service Information
We have reviewed the MCAI and
related service information and, in
general, agree with their substance. But
we might have found it necessary to use
different words from those in the MCAI
to ensure the AD is clear for U.S.
operators and is enforceable. In making
these changes, we do not intend to differ
substantively from the information
provided in the MCAI and related
service information.
We might also have proposed
different actions in this AD from those
in the MCAI in order to follow FAA
policies. Any such differences are
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highlighted in a NOTE within the
proposed AD.
Costs of Compliance
Based on the service information, we
estimate that this proposed AD would
affect about 144 products of U.S.
registry. We also estimate that it would
take about 1 work-hour per product to
comply with the basic requirements of
this proposed AD. The average labor
rate is $80 per work-hour. Based on
these figures, we estimate the cost of the
proposed AD on U.S. operators to be
$11,520, or $80 per product.
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. ‘‘Subtitle VII:
Aviation Programs,’’ describes in more
detail the scope of the Agency’s
authority.
We are issuing this rulemaking under
the authority described in ‘‘Subtitle VII,
Part A, Subpart III, Section 44701:
General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
Regulatory Findings
We determined that this proposed AD
would not have federalism implications
under Executive Order 13132. This
proposed AD would not have a
substantial direct effect on the States, on
the relationship between the national
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify this proposed regulation:
1. Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
2. Is not a ‘‘significant rule’’ under the
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979); and
3. Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
We prepared a regulatory evaluation
of the estimated costs to comply with
this proposed AD and placed it in the
AD docket.
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53503
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Safety.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
SAAB Aircraft AB: Docket No. FAA–2007–
29248; Directorate Identifier 2007–NM–
155–AD.
Comments Due Date
(a) We must receive comments by October
19, 2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all Saab Model
SAAB-Fairchild SF340A (SAAB/SF340A)
and SAAB 340B airplanes, certificated in any
category, all serial numbers.
Note 1: This AD requires revisions to
certain operator maintenance documents to
include new inspections. Compliance with
these inspections is required by 14 CFR
91.403(c). For airplanes that have been
previously modified, altered, or repaired in
the areas addressed by these inspections, the
operator may not be able to accomplish the
inspections described in the revisions. In this
situation, to comply with 14 CFR 91.403(c),
the operator must request approval for an
alternative method of compliance according
to paragraph (g) of this AD. The request
should include a description of changes to
the required inspections that will ensure the
continued operational safety of the airplane.
Subject
(d) Air Transport Association (ATA) of
America Code 28: Fuel.
Reason
(e) The mandatory continuing
airworthiness information (MCAI) states:
Subsequent to accidents involving Fuel
Tank System explosions in flight * * * and
on ground, the FAA published Special
Federal Aviation Regulation 88 (SFAR 88) in
June 2001. SFAR 88 required a safety review
of the aircraft Fuel Tank System to determine
that the design meets the requirements of
FAR (Federal Aviation Regulation) § 25.901
and § 25.981(a) and (b).
A similar regulation has been
recommended by the JAA (Joint Aviation
Authorities) to the European National
Aviation Authorities in JAA letter 04/00/02/
07/03–L024 of 3 February 2003. The review
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was requested to be mandated by NAA’s
(National Aviation Authorities) using JAR
(Joint Aviation Regulation) § 25.901(c),
§ 25.1309.
In August 2005 EASA published a policy
statement on the process for developing
instructions for maintenance and inspection
of Fuel Tank System ignition source
prevention (EASA D 2005/CPRO, https://
www.easa.eu.int/home/
cert_policy_statements_en.html) that also
included the EASA expectations with regard
to compliance times of the corrective actions
on the unsafe and the not unsafe part of the
harmonised design review results. On a
global scale the TC (type certificate) holders
committed themselves to the EASA
published compliance dates (see EASA
policy statement). The EASA policy
statement has been revised in March 2006:
The date of 31–12–2005 for the unsafe related
actions has now been set at 01–07–2006.
Fuel Airworthiness Limitations are items
arising from a systems safety analysis that
have been shown to have failure mode(s)
associated with an ‘‘unsafe condition’’ as
defined in FAA’s memo 2003–112–15 ‘‘SFAR
88—Mandatory Action Decision Criteria’’.
These are identified in Failure Conditions for
which an unacceptable probability of ignition
risk could exist if specific tasks and/or
practices are not performed in accordance
with the manufacturers’ requirements.
This EASA Airworthiness Directive
mandates the Fuel System Airworthiness
Limitations (comprising maintenance/
inspection tasks and Critical Design
Configuration Control Limitations (CDCCL))
for the type of aircraft, that resulted from the
design reviews and the JAA recommendation
and EASA policy statement mentioned
above.
The corrective action is revising the
Airworthiness Limitations Section of the
Instructions for Continued Airworthiness to
incorporate new limitations for fuel tank
systems.
Actions and Compliance
(f) Unless already done, do the following
actions.
(1) Within 3 months after the effective date
of this AD, revise the Airworthiness
Limitations Section (ALS) of the Instructions
for Continued Airworthiness to incorporate
the maintenance and inspection instructions
in Part 1 of Saab 340 Fuel Airworthiness
Limitations Document 340 LKS 009033,
dated February 14, 2006. For all tasks
identified in Part 1 of Saab 340 Fuel
Airworthiness Limitations Document 340
LKS 009033, dated February 14, 2006, the
initial compliance times start from the
effective date of this AD, and the repetitive
inspections must be accomplished thereafter
at the interval specified in Part 1 of Saab 340
Fuel Airworthiness Limitations Document
340 LKS 009033, dated February 14, 2006.
(2) Within 12 months after the effective
date of this AD, revise the ALS of the
Instructions for Continued Airworthiness to
incorporate the CDCCLs as defined in Part 2
of Saab 340 Fuel Airworthiness Limitations
Document 340 LKS 009033, dated February
14, 2006.
(3) Except as provided by paragraph (g) of
this AD: After accomplishing the actions
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specified in paragraphs (f)(1) and (f)(2) of this
AD, no alternative inspection, inspection
intervals, or CDCCLs may be used.
(4) Where Saab 340 Fuel Airworthiness
Limitations Document 340 LKS 009033,
dated February 14, 2006, allows for
exceptional short-term extensions, an
exception is acceptable to the FAA if it is
approved by the appropriate principal
inspector in the FAA Flight Standards
Certificate Holding District Office.
DEPARTMENT OF TRANSPORTATION
FAA AD Differences
AGENCY:
Note 2: 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: 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. Before using
any approved AMOC on any airplane to
which the AMOC applies, notify your
appropriate principal inspector (PI) in the
FAA Flight Standards District Office (FSDO),
or lacking a PI, your local FSDO.
(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 FAAapproved 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 (EASA) Airworthiness
Directive 2006–0221, dated July 20, 2006,
and Saab 340 Fuel Airworthiness Limitations
Document 340 LKS 009033, dated February
14, 2006, for related information.
Issued in Renton, Washington, on
September 10, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E7–18478 Filed 9–18–07; 8:45 am]
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Federal Aviation Administration
14 CFR Part 153
[Docket No. FAA–2007–29237]
RIN 2120—AJ07
Aviation Safety Inspector Airport
Access
Federal Aviation
Administration, DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
SUMMARY: Two rulemakings finalized
several years ago removed regulatory
language that implemented FAA
Aviation Safety Inspector (ASI) statutory
authority to access air operations areas,
secured areas, and security
identification display areas. This
proposal reiterates and clarifies the
authority of an ASI with the proper
credentials to access air operations
areas, secured areas, and security
identification areas of an airport. The
proposal would make sure ASIs have
access to these areas of an airport so
they can perform official duties in
support of the FAA’s safety mission.
DATES: Send your comments on or
before October 19, 2007.
ADDRESSES: You may send comments
identified by Docket Number FAA–
2007–29237 by any of the following
methods:
• DOT Docket Web site: Go to
https://dms.dot.gov and follow the
instructions for sending your comments
electronically.
• Government-wide rulemaking Web
site: Go to https://www.regulations.gov
and follow the instructions for sending
your comments electronically.
• Mail: Docket Management Facility;
U.S. Department of Transportation, 400
Seventh Street, SW., Nassif Building,
Room PL–401, Washington, DC 20590–
001.
• Fax: 1–202–493–2251.
• Hand Delivery: Room PL–401 on
the plaza level of the Nassif Building,
400 Seventh Street, SW., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
You may also read background
documents or comments received at the
addresses above.
FOR FURTHER INFORMATION CONTACT: Pat
Hempen, Federal Aviation
Administration, Flight Standards
Service, Air Transportation Division
(AFS–200), 800 Independence Avenue,
SW., Washington, DC 20591; Telephone
202–267–8166, E-mail
patrick.hempen@faa.gov.
E:\FR\FM\19SEP1.SGM
19SEP1
Agencies
[Federal Register Volume 72, Number 181 (Wednesday, September 19, 2007)]
[Proposed Rules]
[Pages 53501-53504]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-18478]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2007-29248; Directorate Identifier 2007-NM-155-AD]
RIN 2120-AA64
Airworthiness Directives; Saab Model SAAB-Fairchild SF340A (SAAB/
SF340A) and SAAB 340B Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed AD results from mandatory
continuing airworthiness information (MCAI) originated by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as:
Subsequent to accidents involving Fuel Tank System explosions in
flight * * * and on ground, * * * Special Federal Aviation
Regulation 88 (SFAR88) * * * required a safety review of the
aircraft Fuel Tank System * * *.
* * * * *
[[Page 53502]]
Fuel Airworthiness Limitations are items arising from a systems
safety analysis that have been shown to have failure mode(s)
associated with an `unsafe condition' * * *. These are identified in
Failure Conditions for which an unacceptable probability of ignition
risk could exist if specific tasks and/or practices are not
performed in accordance with the manufacturers' requirements.
The proposed AD would require actions that are intended to address
the unsafe condition described in the MCAI.
DATES: We must receive comments on this proposed AD by October 19,
2007.
ADDRESSES: You may send comments by any of the following methods:
DOT Docket Web Site: Go to https://dms.dot.gov and follow
the instructions for sending your comments electronically.
Fax: (202) 493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
Hand Delivery: Room W12-140 on the ground floor of the
West Building, 1200 New Jersey Avenue, SE., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Examining the AD Docket
You may examine the AD docket on the Internet at https://
dms.dot.gov; or in person at the Docket Operations office between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this proposed AD, the regulatory evaluation, any
comments received, and other information. The street address for the
Docket Operations office (telephone (800) 647-5527) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.
FOR FURTHER INFORMATION CONTACT: Mike Borfitz, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, WA 98057-3356; telephone (425) 227-2677;
fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2007-
29248; Directorate Identifier 2007-NM-155-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
We will post all comments we receive, without change, to https://
dms.dot.gov, including any personal information you provide. We will
also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2006-0221, dated July 20, 2006 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:
Subsequent to accidents involving Fuel Tank System explosions in
flight * * * and on ground, the FAA published Special Federal
Aviation Regulation 88 (SFAR 88) in June 2001. SFAR 88 required a
safety review of the aircraft Fuel Tank System to determine that the
design meets the requirements of FAR (Federal Aviation Regulation)
Sec. 25.901 and Sec. 25.981(a) and (b).
A similar regulation has been recommended by the JAA (Joint
Aviation Authorities) to the European National Aviation Authorities
in JAA letter 04/00/02/07/03-L024 of 3 February 2003. The review was
requested to be mandated by NAA's (National Aviation Authorities)
using JAR (Joint Aviation Regulation) Sec. 25.901(c), Sec.
25.1309.
In August 2005 EASA published a policy statement on the process
for developing instructions for maintenance and inspection of Fuel
Tank System ignition source prevention (EASA D 2005/CPRO, https://
www.easa.eu.int/home/cert--policy--statements--en.html) that also
included the EASA expectations with regard to compliance times of
the corrective actions on the unsafe and the not unsafe part of the
harmonised design review results. On a global scale the TC (type
certificate) holders committed themselves to the EASA published
compliance dates (see EASA policy statement). The EASA policy
statement has been revised in March 2006: The date of 31-12-2005 for
the unsafe related actions has now been set at 01-07-2006.
Fuel Airworthiness Limitations are items arising from a systems
safety analysis that have been shown to have failure mode(s)
associated with an `unsafe condition' as defined in FAA's memo 2003-
112-15 `SFAR 88--Mandatory Action Decision Criteria'. These are
identified in Failure Conditions for which an unacceptable
probability of ignition risk could exist if specific tasks and/or
practices are not performed in accordance with the manufacturers'
requirements.
This EASA Airworthiness Directive mandates the Fuel System
Airworthiness Limitations (comprising maintenance/inspection tasks
and Critical Design Configuration Control Limitations (CDCCL)) for
the type of aircraft, that resulted from the design reviews and the
JAA recommendation and EASA policy statement mentioned above.
The corrective action is revising the Airworthiness Limitations Section
of the Instructions for Continued Airworthiness to incorporate new
limitations for fuel tank systems. You may obtain further information
by examining the MCAI in the AD docket.
The FAA has examined the underlying safety issues involved in fuel
tank explosions on several large transport airplanes, including the
adequacy of existing regulations, the service history of airplanes
subject to those regulations, and existing maintenance practices for
fuel tank systems. As a result of those findings, we issued a
regulation titled ``Transport Airplane Fuel Tank System Design Review,
Flammability Reduction and Maintenance and Inspection Requirements''
(66 FR 23086, May 7, 2001). In addition to new airworthiness standards
for transport airplanes and new maintenance requirements, this rule
included Special Federal Aviation Regulation No. 88 (``SFAR 88,''
Amendment 21-78, and subsequent Amendments 21-82 and 21-83).
Among other actions, SFAR 88 requires certain type design (i.e.,
type certificate (TC) and supplemental type certificate (STC)) holders
to substantiate that their fuel tank systems can prevent ignition
sources in the fuel tanks. This requirement applies to type design
holders for large turbine-powered transport airplanes and for
subsequent modifications to those airplanes. It requires them to
perform design reviews and to develop design changes and maintenance
procedures if their designs do not meet the new fuel tank safety
standards. As explained in the preamble to the rule, we intended to
adopt airworthiness directives to mandate any changes found necessary
to address unsafe conditions identified as a result of these reviews.
In evaluating these design reviews, we have established four
criteria intended to define the unsafe conditions associated with fuel
tank systems that require corrective actions. The percentage of
operating time during which fuel tanks are exposed to flammable
conditions is one of these criteria. The other three criteria address
the failure types under evaluation: Single failures, single failures in
combination with a latent condition(s), and in-service failure
experience. For all four criteria, the evaluations included
consideration of previous actions taken
[[Page 53503]]
that may mitigate the need for further action.
The Joint Aviation Authorities (JAA) has issued a regulation that
is similar to SFAR 88. (The JAA is an associated body of the European
Civil Aviation Conference (ECAC) representing the civil aviation
regulatory authorities of a number of European States who have agreed
to co-operate in developing and implementing common safety regulatory
standards and procedures.) Under this regulation, the JAA stated that
all members of the ECAC that hold type certificates for transport
category airplanes are required to conduct a design review against
explosion risks.
We have determined that the actions identified in this AD are
necessary to reduce the potential of ignition sources inside fuel
tanks, which, in combination with flammable fuel vapors, could result
in fuel tank explosions and consequent loss of the airplane.
Relevant Service Information
Saab has issued Saab 340 Fuel Airworthiness Limitations Document
340 LKS 009033, dated February 14, 2006. The actions described in this
service information are intended to correct the unsafe condition
identified in the MCAI.
FAA's Determination and Requirements of This Proposed AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
Differences Between This AD and the MCAI or Service Information
We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the proposed AD.
Costs of Compliance
Based on the service information, we estimate that this proposed AD
would affect about 144 products of U.S. registry. We also estimate that
it would take about 1 work-hour per product to comply with the basic
requirements of this proposed AD. The average labor rate is $80 per
work-hour. Based on these figures, we estimate the cost of the proposed
AD on U.S. operators to be $11,520, or $80 per product.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify this proposed
regulation:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. The FAA amends Sec. 39.13 by adding the following new AD:
SAAB Aircraft AB: Docket No. FAA-2007-29248; Directorate Identifier
2007-NM-155-AD.
Comments Due Date
(a) We must receive comments by October 19, 2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all Saab Model SAAB-Fairchild SF340A
(SAAB/SF340A) and SAAB 340B airplanes, certificated in any category,
all serial numbers.
Note 1: This AD requires revisions to certain operator
maintenance documents to include new inspections. Compliance with
these inspections is required by 14 CFR 91.403(c). For airplanes
that have been previously modified, altered, or repaired in the
areas addressed by these inspections, the operator may not be able
to accomplish the inspections described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must
request approval for an alternative method of compliance according
to paragraph (g) of this AD. The request should include a
description of changes to the required inspections that will ensure
the continued operational safety of the airplane.
Subject
(d) Air Transport Association (ATA) of America Code 28: Fuel.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
Subsequent to accidents involving Fuel Tank System explosions in
flight * * * and on ground, the FAA published Special Federal
Aviation Regulation 88 (SFAR 88) in June 2001. SFAR 88 required a
safety review of the aircraft Fuel Tank System to determine that the
design meets the requirements of FAR (Federal Aviation Regulation)
Sec. 25.901 and Sec. 25.981(a) and (b).
A similar regulation has been recommended by the JAA (Joint
Aviation Authorities) to the European National Aviation Authorities
in JAA letter 04/00/02/07/03-L024 of 3 February 2003. The review
[[Page 53504]]
was requested to be mandated by NAA's (National Aviation
Authorities) using JAR (Joint Aviation Regulation) Sec. 25.901(c),
Sec. 25.1309.
In August 2005 EASA published a policy statement on the process
for developing instructions for maintenance and inspection of Fuel
Tank System ignition source prevention (EASA D 2005/CPRO, https://
www.easa.eu.int/home/cert--policy--statements--en.html) that also
included the EASA expectations with regard to compliance times of
the corrective actions on the unsafe and the not unsafe part of the
harmonised design review results. On a global scale the TC (type
certificate) holders committed themselves to the EASA published
compliance dates (see EASA policy statement). The EASA policy
statement has been revised in March 2006: The date of 31-12-2005 for
the unsafe related actions has now been set at 01-07-2006.
Fuel Airworthiness Limitations are items arising from a systems
safety analysis that have been shown to have failure mode(s)
associated with an ``unsafe condition'' as defined in FAA's memo
2003-112-15 ``SFAR 88--Mandatory Action Decision Criteria''. These
are identified in Failure Conditions for which an unacceptable
probability of ignition risk could exist if specific tasks and/or
practices are not performed in accordance with the manufacturers'
requirements.
This EASA Airworthiness Directive mandates the Fuel System
Airworthiness Limitations (comprising maintenance/inspection tasks
and Critical Design Configuration Control Limitations (CDCCL)) for
the type of aircraft, that resulted from the design reviews and the
JAA recommendation and EASA policy statement mentioned above.
The corrective action is revising the Airworthiness Limitations
Section of the Instructions for Continued Airworthiness to
incorporate new limitations for fuel tank systems.
Actions and Compliance
(f) Unless already done, do the following actions.
(1) Within 3 months after the effective date of this AD, revise
the Airworthiness Limitations Section (ALS) of the Instructions for
Continued Airworthiness to incorporate the maintenance and
inspection instructions in Part 1 of Saab 340 Fuel Airworthiness
Limitations Document 340 LKS 009033, dated February 14, 2006. For
all tasks identified in Part 1 of Saab 340 Fuel Airworthiness
Limitations Document 340 LKS 009033, dated February 14, 2006, the
initial compliance times start from the effective date of this AD,
and the repetitive inspections must be accomplished thereafter at
the interval specified in Part 1 of Saab 340 Fuel Airworthiness
Limitations Document 340 LKS 009033, dated February 14, 2006.
(2) Within 12 months after the effective date of this AD, revise
the ALS of the Instructions for Continued Airworthiness to
incorporate the CDCCLs as defined in Part 2 of Saab 340 Fuel
Airworthiness Limitations Document 340 LKS 009033, dated February
14, 2006.
(3) Except as provided by paragraph (g) of this AD: After
accomplishing the actions specified in paragraphs (f)(1) and (f)(2)
of this AD, no alternative inspection, inspection intervals, or
CDCCLs may be used.
(4) Where Saab 340 Fuel Airworthiness Limitations Document 340
LKS 009033, dated February 14, 2006, allows for exceptional short-
term extensions, an exception is acceptable to the FAA if it is
approved by the appropriate principal inspector in the FAA Flight
Standards Certificate Holding District Office.
FAA AD Differences
Note 2: 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: 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.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.
(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 (EASA)
Airworthiness Directive 2006-0221, dated July 20, 2006, and Saab 340
Fuel Airworthiness Limitations Document 340 LKS 009033, dated
February 14, 2006, for related information.
Issued in Renton, Washington, on September 10, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-18478 Filed 9-18-07; 8:45 am]
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