Airworthiness Directives; Saab AB, Saab Aerosystems Model SAAB 2000 Airplanes, 52877-52880 [E9-24542]

Download as PDF Federal Register / Vol. 74, No. 198 / Thursday, October 15, 2009 / Rules and Regulations jlentini on DSKJ8SOYB1PROD with RULES 0420–2420 0421–2421 0422–2422 0423–2423 0430–2430 0432–2432 0433–2433 0434–2434 0440–2440 0441–2441 0442–2442 0515–2515 0519–2519 0710–2710 0711–2711 0712–2712 0719–2719 0720–2720 0724–2724 0730–2730 0739–2739 0740–2740 0749–2749 0750–2750 0759–2759 0813–2813 0830–2830 0839–2839 0863–2863 0910–2910 0911–2911 0912–2912 0913–2913 0914–2914 0915–2915 0918–2918 0919–2919 0920–2920 0921–2921 0929–2929 0960–2960 1010–3010 1011–3011 1012–3012 1019–3019 1020–3020 1021–3021 1022–3022 1023–3023 1030–3030 1031–3031 1039–3039 1040–3040 1041–3041 1049–3049 1070–3070 1110–3110 1111–3111 1113–3113 1119–3119 1120–3120 1122–3122 1123–3123 1130–3130 1131–3131 1140–3140 1149–3149 1163–3163 Federal Reserve District to read as follows: APPENDIX A TO PART 229— ROUTING NUMBER GUIDE TO NEXTDAY AVAILABILITY CHECKS AND LOCAL CHECKS * * * * Fourth Federal Reserve District [Federal Reserve Bank of Cleveland] * * * * * ■ 3. Effective November 14, 2009, the Fourth and Twelfth District routing symbol lists in appendix A are amended by removing the headings and listings for the Twelfth Federal Reserve District and revising the listings for the Fourth VerDate Nov<24>2008 * 16:27 Oct 14, 2009 Jkt 220001 Head Office 0220–2220 0223–2223 0410–2410 0412–2412 0420–2420 0421–2421 0422–2422 0423–2423 0430–2430 0432–2432 0433–2433 0434–2434 0440–2440 0441–2441 0442–2442 0515–2515 0519–2519 0710–2710 0711–2711 0712–2712 0719–2719 0720–2720 0724–2724 0730–2730 0739–2739 0740–2740 0749–2749 0750–2750 0759–2759 0813–2813 0830–2830 0839–2839 0863–2863 0910–2910 0911–2911 0912–2912 0913–2913 0914–2914 0915–2915 0918–2918 0919–2919 0920–2920 0921–2921 0929–2929 0960–2960 1010–3010 1011–3011 1012–3012 1019–3019 1020–3020 1021–3021 1022–3022 1023–3023 1030–3030 1031–3031 1039–3039 1040–3040 1041–3041 1049–3049 1070–3070 1110–3110 1111–3111 PO 00000 Frm 00011 52877 1113–3113 1119–3119 1120–3120 1122–3122 1123–3123 1130–3130 1131–3131 1140–3140 1149–3149 1163–3163 1210–3210 1211–3211 1212–3212 1213–3213 1220–3220 1221–3221 1222–3222 1223–3223 1224–3224 1230–3230 1231–3231 1232–3232 1233–3233 1240–3240 1241–3241 1242–3242 1243–3243 1250–3250 1251–3251 1252–3252 * * * * * By order of the Board of Governors of the Federal Reserve System, acting through the Secretary of the Board under delegated authority, October 8, 2009. Jennifer J. Johnson, Secretary of the Board. [FR Doc. E9–24634 Filed 10–14–09; 8:45 am] BILLING CODE 6210–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2009–0909; Directorate Identifier 2009–NM–172–AD; Amendment 39–16045; AD 2007–23–05 R1] RIN 2120–AA64 Airworthiness Directives; Saab AB, Saab Aerosystems Model SAAB 2000 Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule; request for comments. SUMMARY: We are adopting a new airworthiness directive (AD) for the products listed above that would revise an existing AD. This AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: Fmt 4700 Sfmt 4700 E:\FR\FM\15OCR1.SGM 15OCR1 52878 Federal Register / Vol. 74, No. 198 / Thursday, October 15, 2009 / Rules and Regulations 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 * * *. * * * * * 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. jlentini on DSKJ8SOYB1PROD with RULES This AD requires actions that are intended to address the unsafe condition described in the MCAI. DATES: This AD becomes effective October 30, 2009. On December 11, 2007 (72 FR 62564, November 6, 2007), the Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD. We must receive comments on this AD by November 30, 2009. ADDRESSES: You may send comments by any of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments. • 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: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–40, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this AD, contact Saab Aircraft AB, SAAB Aerosystems, SE 581 88, ¨ Linkoping, Sweden; telephone +46 13 18 5591; fax +46 13 18 4874; e-mail saab2000.techsupport@saabgroup.com; Internet http://www.saabgroup.com. Examining the AD Docket You may examine the AD docket on the Internet at http:// www.regulations.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 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: Shahram Daneshmandi, Aerospace VerDate Nov<24>2008 16:27 Oct 14, 2009 Jkt 220001 Engineer, International Branch, ANM– 116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 227–1112; fax (425) 227–1149. SUPPLEMENTARY INFORMATION: Discussion On October 27, 2007, we issued AD 2007–23–05, Amendment 39–15251 (72 FR 62564, November 6, 2007). That AD applied to all Saab Model SAAB 2000 airplanes. That AD required revising the Airworthiness Limitations Section (ALS) of the Instructions for Continued Airworthiness. Critical design configuration control limitations (CDCCLs) are limitation requirements to preserve a critical ignition source prevention feature of the fuel tank system design that is necessary to prevent the occurrence of an unsafe condition. The purpose of a CDCCL is to provide instruction to retain the critical ignition source prevention feature during configuration change that may be caused by alterations, repairs, or maintenance actions. A CDCCL is not a periodic inspection. Since we issued that AD, we have determined that it is necessary to clarify the AD’s intended effect on spare and on-airplane fuel tank system components, regarding the use of maintenance manuals and instructions for continued airworthiness. Section 91.403(c) of the Federal Aviation Regulations (14 CFR 91.403(c)) specifies the following: No person may operate an aircraft for which a manufacturer’s maintenance manual or instructions for continued airworthiness has been issued that contains an airworthiness limitation section unless the mandatory * * * procedures * * * have been complied with. Some operators have questioned whether existing components affected by the new CDCCLs must be reworked. We did not intend for the AD to retroactively require rework of components that had been maintained using acceptable methods before the effective date of the AD. Owners and operators of the affected airplanes therefore are not required to rework affected components identified as airworthy or installed on the affected airplanes before the required revisions of the ALS. But once the CDCCLs are incorporated into the ALS, future maintenance actions on components must be done in accordance with those CDCCLs. FAA’s Determination This product has been approved by the aviation authority of another PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 country, and is approved for operation in the United States. Differences Between the AD and the MCAI or Service Information We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information. We might also have required different actions in this AD from those in the MCAI in order to follow FAA policies. Any such differences are highlighted in a note within the AD. FAA’s Justification and Determination of the Effective Date This revision merely clarifies the intended effect on spare and on-airplane fuel tank system components, and makes no substantive change to the AD’s requirements. For this reason, it is found that notice and opportunity for prior public comment for this action are unnecessary, and good cause exists for making this amendment effective in less than 30 days. Comments Invited This AD is a final rule that involves requirements affecting flight safety, and we did not precede it by notice and opportunity for public comment. We invite you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include ‘‘Docket No. FAA–2009–0909; Directorate Identifier 2009–NM–172– AD’’ at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD because of those comments. We will post all comments we receive, without change, to http:// www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this AD. 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 E:\FR\FM\15OCR1.SGM 15OCR1 Federal Register / Vol. 74, No. 198 / Thursday, October 15, 2009 / Rules and Regulations detail the scope of the Agency’s authority. We are issuing this rulemaking under the authority described in ‘‘Subtitle VII, Part A, Subpart III, Section 44701: General requirements.’’ Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this AD: 1. Is not a ‘‘significant regulatory action’’ under Executive Order 12866; 2. Is not a ‘‘significant rule’’ under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. 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: ■ 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. jlentini on DSKJ8SOYB1PROD with RULES § 39.13 [Amended] 2. The FAA amends § 39.13 by removing amendment 39–15251 (72 FR 62564, November 6, 2007) and adding the following new AD: ■ 2007–23–05 R1 Saab AB, Saab Aerosystems: Amendment 39–16045. VerDate Nov<24>2008 16:27 Oct 14, 2009 Jkt 220001 Docket No. FAA–2009–0909; Directorate Identifier 2009–NM–172–AD. Effective Date (a) This airworthiness directive (AD) becomes effective October 30, 2009. Affected ADs (b) This AD revises AD 2007–23–05. Applicability (c) This AD applies to all Saab AB, Saab Aerosystems Model SAAB 2000 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 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 (European Aviation Safety Agency) 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, 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 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 52879 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 (ALS) of the Instructions for Continued Airworthiness to incorporate new limitations for fuel tank systems. Restatement of AD 2007–23–05, With No Changes Actions and Compliance (f) Unless already done, do the following actions. (1) Within 3 months after December 11, 2007 (the effective date of AD 2007–23–05), revise the ALS of the Instructions for Continued Airworthiness to incorporate the maintenance and inspection instructions in Part 1 of Saab Fuel Airworthiness Limitations 2000 LKS 009032, dated February 14, 2006. For all tasks identified in Part 1 of Saab Fuel Airworthiness Limitations 2000 LKS 009032, dated February 14, 2006, the initial compliance times start from December 11, 2007, and the repetitive inspections must be accomplished thereafter at the interval specified in Part 1 of Saab Fuel Airworthiness Limitations 2000 LKS 009032, dated February 14, 2006. (2) Within 12 months after December 11, 2007, revise the ALS of the Instructions for Continued Airworthiness to incorporate the CDCCLs as defined in Part 2 of Saab Fuel Airworthiness Limitations 2000 LKS 009032, 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 Fuel Airworthiness Limitations 2000 LKS 009032, 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. New Information: Explanation of CDCCL Requirements Note 2: Notwithstanding any other maintenance or operational requirements, components that have been identified as airworthy or installed on the affected airplanes before the revision of the airworthiness limitations section (ALS), as required by paragraph (f) of this AD, do not need to be reworked in accordance with the E:\FR\FM\15OCR1.SGM 15OCR1 52880 Federal Register / Vol. 74, No. 198 / Thursday, October 15, 2009 / Rules and Regulations CDCCLs. However, once the airworthiness limitations section has been revised, future maintenance actions on these components must be done in accordance with the CDCCLs. FAA AD Differences Note 3: This AD differs from the MCAI and/or service information as follows: No differences. Other FAA AD Provisions (g) The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, International Branch, ANM–116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Shahram Daneshmandi, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057– 3356; telephone (425) 227–1112; fax (425) 227–1149. Before using any approved AMOC on any airplane to which the AMOC applies, notify your principal maintenance inspector (PMI) or principal avionics inspector (PAI), as appropriate, or lacking a principal inspector, your local Flight Standards District Office. The AMOC approval letter must specifically reference this AD. (2) Airworthy Product: For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service. (3) Reporting Requirements: For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act, the Office of Management and Budget (OMB) has approved the information collection requirements and has assigned OMB Control Number 2120–0056. jlentini on DSKJ8SOYB1PROD with RULES Related Information (h) Refer to MCAI European Aviation Safety Agency Airworthiness Directive 2006– 0199, dated July 11, 2006; and Saab Fuel Airworthiness Limitations 2000 LKS 009032, dated February 14, 2006; for related information. Material Incorporated by Reference (i) You must use Saab Fuel Airworthiness Limitations 2000 LKS 009032, dated February 14, 2006, to do the actions required by this AD, unless the AD specifies otherwise. (1) The Director of the Federal Register previously approved the incorporation by reference of this service information on December 11, 2007 (72 FR 62564, November 6, 2007). (2) For service information identified in this AD, contact Saab Aircraft AB, SAAB ¨ Aerosystems, SE 581 88, Linkoping, Sweden; telephone +46 13 18 5591; fax +46 13 18 4874; e-mail saab2000.techsupport@saabgroup.com; Internet http://www.saabgroup.com. VerDate Nov<24>2008 16:27 Oct 14, 2009 Jkt 220001 (3) You may review copies of the service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington. For information on the availability of this material at the FAA, call 425–227–1221 or 425–227–1152. (4) You may also review copies of the service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http://www.archives.gov/federal_register/ code_of_federal_regulations/ ibr_locations.html. Issued in Renton, Washington, on September 18, 2009. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E9–24542 Filed 10–14–09; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Parts 730, 734, 738, 740, 742, 744, 772 and 774 [Docket No. 080211163–9110–02] RIN 0694–AE18 Encryption Simplification Rule: Final AGENCY: Bureau of Industry and Security, Commerce. ACTION: Final rule. SUMMARY: The Bureau of Industry and Security (BIS) published the interim final rule entitled ‘‘Encryption Simplification’’ on October 3, 2008 (73 FR 57495). This rule finalizes that rule, corrects errors published in the October 3, 2008 interim final rule, and resolves inconsistencies in that rule identified by the public. DATES: Effective Dates: This rule is effective October 15, 2009. ADDRESSES: Written comments on this final rule may be sent by e-mail to publiccomments@bis.doc.gov. Include ‘‘Encryption rule’’ in the subject line of the message. Comments may also be submitted by mail or hand delivery to Sharron Cook, Office of Exporter Services, Regulatory Policy Division, Bureau of Industry and Security, Department of Commerce, 14th St. & Pennsylvania Avenue, NW., Room 2705, Washington, DC 20230, ATTN: Encryption rule; or by fax to (202) 482– 3355. FOR FURTHER INFORMATION CONTACT: For questions of a general nature contact Sharron Cook, Office of Exporter Services, Regulatory Policy Division at PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 (202) 482–2440 or e-mail: scook@bis.doc.gov. For questions of a technical nature contact: The Information Technology Division, Office of National Security and Technology Transfer Controls at 202–482–0707 or e-mail: C. Randall Pratt at cpratt@bis.doc.gov. SUPPLEMENTARY INFORMATION: Background BIS published the interim final rule entitled ‘‘Encryption Simplification’’ on October 3, 2008 (73 FR 57495). This rule removed section 744.9 of the EAR, which set forth requirements for authorization from BIS for U.S. persons to provide technical assistance (including training) to foreign persons with the intent to aid a foreign person in the development or manufacture outside the United States of encryption commodities or software that, if of U.S.origin, would be ‘‘EI’’ controlled under ECCNs 5A002 or 5D002. Section 744.9 was added to the EAR in 1996 when jurisdiction over dual-use encryption items was transferred from the Department of State to the Department of Commerce. However, other parts of the EAR that referred to section 744.9 were inadvertently not removed. Therefore, this rule removes these references in § 730.5(d), § 734.5(c), § 736.2(b)(7)(ii), and § 744.1(a)(1). In addition, other corrections are made to harmonize with revisions made in the ‘‘Encryption Simplification’’ rule published on October 3, 2008. Some of the revisions in this rule are the results of requests for clarification from the public on the October 3 encryption simplification rule. Part 730 The last sentence in paragraph (d) of section 730.5 is removed, because it makes reference to technical assistance in section 744.9, which was removed by the October 3 encryption simplification rule. Part 734 Section 734.4 is amended to revise paragraphs (b)(1) and (b)(2) in order to harmonize with the October 3 encryption simplification rule and corrections thereto. Paragraph (b)(1)(iv) is added to conform with the clarifications in this correction by making it clear that section 740.17(b)(4) is a separate authorization. Paragraph (b)(2) is revised to simply state that all items classified under ECCNs 5A992, 5D992, or 5E992 are eligible for consideration under the de minimis rules. Paragraph (c) of section 734.5 is removed because it refers to technical assistance in section 744.9, which was E:\FR\FM\15OCR1.SGM 15OCR1

Agencies

[Federal Register Volume 74, Number 198 (Thursday, October 15, 2009)]
[Rules and Regulations]
[Pages 52877-52880]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-24542]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0909; Directorate Identifier 2009-NM-172-AD; 
Amendment 39-16045; AD 2007-23-05 R1]
RIN 2120-AA64


Airworthiness Directives; Saab AB, Saab Aerosystems Model SAAB 
2000 Airplanes

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

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above that would revise an existing AD. This AD results 
from mandatory continuing airworthiness information (MCAI) originated 
by an aviation authority of another country to identify and correct an 
unsafe condition on an aviation product. The MCAI describes the unsafe 
condition as:


[[Page 52878]]


    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 * * *.
* * * * *
    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.

    This AD requires actions that are intended to address the unsafe 
condition described in the MCAI.

DATES: This AD becomes effective October 30, 2009.
    On December 11, 2007 (72 FR 62564, November 6, 2007), the Director 
of the Federal Register approved the incorporation by reference of 
certain publications listed in the AD.
    We must receive comments on this AD by November 30, 2009.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     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: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New 
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    For service information identified in this AD, contact Saab 
Aircraft AB, SAAB Aerosystems, SE 581 88, Link[ouml]ping, Sweden; 
telephone +46 13 18 5591; fax +46 13 18 4874; e-mail 
saab2000.techsupport@saabgroup.com; Internet http://www.saabgroup.com.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.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 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: Shahram Daneshmandi, Aerospace 
Engineer, International Branch, ANM-116, Transport Airplane 
Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; 
telephone (425) 227-1112; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

    On October 27, 2007, we issued AD 2007-23-05, Amendment 39-15251 
(72 FR 62564, November 6, 2007). That AD applied to all Saab Model SAAB 
2000 airplanes. That AD required revising the Airworthiness Limitations 
Section (ALS) of the Instructions for Continued Airworthiness.
    Critical design configuration control limitations (CDCCLs) are 
limitation requirements to preserve a critical ignition source 
prevention feature of the fuel tank system design that is necessary to 
prevent the occurrence of an unsafe condition. The purpose of a CDCCL 
is to provide instruction to retain the critical ignition source 
prevention feature during configuration change that may be caused by 
alterations, repairs, or maintenance actions. A CDCCL is not a periodic 
inspection.
    Since we issued that AD, we have determined that it is necessary to 
clarify the AD's intended effect on spare and on-airplane fuel tank 
system components, regarding the use of maintenance manuals and 
instructions for continued airworthiness.
    Section 91.403(c) of the Federal Aviation Regulations (14 CFR 
91.403(c)) specifies the following:

    No person may operate an aircraft for which a manufacturer's 
maintenance manual or instructions for continued airworthiness has 
been issued that contains an airworthiness limitation section unless 
the mandatory * * * procedures * * * have been complied with.

    Some operators have questioned whether existing components affected 
by the new CDCCLs must be reworked. We did not intend for the AD to 
retroactively require rework of components that had been maintained 
using acceptable methods before the effective date of the AD. Owners 
and operators of the affected airplanes therefore are not required to 
rework affected components identified as airworthy or installed on the 
affected airplanes before the required revisions of the ALS. But once 
the CDCCLs are incorporated into the ALS, future maintenance actions on 
components must be done in accordance with those CDCCLs.

FAA's Determination

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States.

Differences Between the AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a note within the AD.

FAA's Justification and Determination of the Effective Date

    This revision merely clarifies the intended effect on spare and on-
airplane fuel tank system components, and makes no substantive change 
to the AD's requirements. For this reason, it is found that notice and 
opportunity for prior public comment for this action are unnecessary, 
and good cause exists for making this amendment effective in less than 
30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2009-0909; Directorate 
Identifier 2009-NM-172-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD because of 
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

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

[[Page 52879]]

detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications 
under Executive Order 13132. This AD will not have a substantial direct 
effect on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.
    For the reasons discussed above, I certify this AD:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing amendment 39-15251 (72 FR 
62564, November 6, 2007) and adding the following new AD:

2007-23-05 R1 Saab AB, Saab Aerosystems: Amendment 39-16045. Docket 
No. FAA-2009-0909; Directorate Identifier 2009-NM-172-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective October 
30, 2009.

Affected ADs

    (b) This AD revises AD 2007-23-05.

Applicability

    (c) This AD applies to all Saab AB, Saab Aerosystems Model SAAB 
2000 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 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 (European Aviation Safety Agency) 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, 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 (ALS) of the Instructions for Continued Airworthiness to 
incorporate new limitations for fuel tank systems.

Restatement of AD 2007-23-05, With No Changes

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 3 months after December 11, 2007 (the effective date 
of AD 2007-23-05), revise the ALS of the Instructions for Continued 
Airworthiness to incorporate the maintenance and inspection 
instructions in Part 1 of Saab Fuel Airworthiness Limitations 2000 
LKS 009032, dated February 14, 2006. For all tasks identified in 
Part 1 of Saab Fuel Airworthiness Limitations 2000 LKS 009032, dated 
February 14, 2006, the initial compliance times start from December 
11, 2007, and the repetitive inspections must be accomplished 
thereafter at the interval specified in Part 1 of Saab Fuel 
Airworthiness Limitations 2000 LKS 009032, dated February 14, 2006.
    (2) Within 12 months after December 11, 2007, revise the ALS of 
the Instructions for Continued Airworthiness to incorporate the 
CDCCLs as defined in Part 2 of Saab Fuel Airworthiness Limitations 
2000 LKS 009032, 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 Fuel Airworthiness Limitations 2000 LKS 009032, 
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.

New Information:

Explanation of CDCCL Requirements

    Note 2: Notwithstanding any other maintenance or operational 
requirements, components that have been identified as airworthy or 
installed on the affected airplanes before the revision of the 
airworthiness limitations section (ALS), as required by paragraph 
(f) of this AD, do not need to be reworked in accordance with the

[[Page 52880]]

CDCCLs. However, once the airworthiness limitations section has been 
revised, future maintenance actions on these components must be done 
in accordance with the CDCCLs.

FAA AD Differences

    Note 3: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
has the authority to approve AMOCs for this AD, if requested using 
the procedures found in 14 CFR 39.19. Send information to ATTN: 
Shahram Daneshmandi, Aerospace Engineer, International Branch, ANM-
116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., 
Renton, Washington 98057-3356; telephone (425) 227-1112; fax (425) 
227-1149. Before using any approved AMOC on any airplane to which 
the AMOC applies, notify your principal maintenance inspector (PMI) 
or principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards District Office. 
The AMOC approval letter must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act, the 
Office of Management and Budget (OMB) has approved the information 
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency Airworthiness 
Directive 2006-0199, dated July 11, 2006; and Saab Fuel 
Airworthiness Limitations 2000 LKS 009032, dated February 14, 2006; 
for related information.

Material Incorporated by Reference

    (i) You must use Saab Fuel Airworthiness Limitations 2000 LKS 
009032, dated February 14, 2006, to do the actions required by this 
AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register previously approved the 
incorporation by reference of this service information on December 
11, 2007 (72 FR 62564, November 6, 2007).
    (2) For service information identified in this AD, contact Saab 
Aircraft AB, SAAB Aerosystems, SE 581 88, Link[ouml]ping, Sweden; 
telephone +46 13 18 5591; fax +46 13 18 4874; e-mail 
saab2000.techsupport@saabgroup.com; Internet http://www.saabgroup.com.
    (3) You may review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington. For information on the availability of this material at 
the FAA, call 425-227-1221 or 425-227-1152.
    (4) You may also review copies of the service information that 
is incorporated by reference at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on September 18, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-24542 Filed 10-14-09; 8:45 am]
BILLING CODE 4910-13-P