Airworthiness Directives; Saab AB, Support and Services (Formerly Known as Saab AB, Saab Aeronautics) Airplanes, 54663-54666 [2021-21480]

Download as PDF 54663 Proposed Rules Federal Register Vol. 86, No. 189 Monday, October 4, 2021 This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2021–0841; Project Identifier MCAI–2021–00622–T] RIN 2120–AA64 Airworthiness Directives; Saab AB, Support and Services (Formerly Known as Saab AB, Saab Aeronautics) Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: • 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: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For material that will be incorporated by reference (IBR) in this AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email ADs@easa.europa.eu; internet www.easa.europa.eu. You may find this IBR material on the EASA website at https://ad.easa.europa.eu. You may view this IBR material at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. It is also available in the AD docket on the internet at https:// www.regulations.gov by searching for and locating Docket No. FAA–2021– 0841. The FAA proposes to supersede Airworthiness Directive (AD) 2020–07–17, which applies to all Saab AB, Support and Services Model SAAB 2000 airplanes. AD 2020–07–17 requires revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. Since the FAA issued AD 2020–07–17, the FAA has determined that new or more restrictive airworthiness limitations are necessary. This proposed AD would require revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations, as specified in a European Union Aviation Safety Agency (EASA) AD, which is proposed for incorporation by reference. The FAA is proposing this AD to address the unsafe condition on these products. Comments Invited The FAA must receive comments on this proposed AD by November 18, 2021. ADDRESSES: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments. • Fax: 202–493–2251. The FAA invites you to send any written relevant data, views, or arguments about this proposal. Send your comments to an address listed under ADDRESSES. Include ‘‘Docket No. FAA–2021–0841; Project Identifier MCAI–2021–00622–T’’ at the beginning of your comments. The most helpful comments reference a specific portion of the proposal, explain the reason for any recommended change, and include SUMMARY: DATES: VerDate Sep<11>2014 17:56 Oct 01, 2021 Jkt 256001 Examining the AD Docket You may examine the AD docket on the internet at https:// www.regulations.gov by searching for and locating Docket No. FAA–2021– 0841; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this NPRM, any comments received, and other information. The street address for Docket Operations is listed above. FOR FURTHER INFORMATION CONTACT: Shahram Daneshmandi, Aerospace Engineer, Large Aircraft Section, International Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206–231– 3220; Shahram.Daneshmandi@faa.gov. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 supporting data. The FAA will consider all comments received by the closing date and may amend the proposal because of those comments. Except for Confidential Business Information (CBI) as described in the following paragraph, and other information as described in 14 CFR 11.35, the FAA will post all comments received, without change, to https:// www.regulations.gov, including any personal information you provide. The agency will also post a report summarizing each substantive verbal contact received about this proposed AD. Confidential Business Information CBI is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to this NPRM contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to this NPRM, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission containing CBI as ‘‘PROPIN.’’ The FAA will treat such marked submissions as confidential under the FOIA, and they will not be placed in the public docket of this NPRM. Submissions containing CBI should be sent to Shahram Daneshmandi, Aerospace Engineer, Large Aircraft Section, International Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206–231–3220; Shahram.Daneshmandi@faa.gov. Any commentary that the FAA receives which is not specifically designated as CBI will be placed in the public docket for this rulemaking. Background The FAA issued AD 2020–07–17, Amendment 39–19896 (85 FR 21764, April 20, 2020) (AD 2020–07–17), for all Saab AB, Support and Services Model SAAB 2000 airplanes. AD 2020–07–17 corresponds to EASA AD 2019–0263, dated October 22, 2019 (EASA AD 2019–0263). AD 2020–07–17 requires revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. The FAA E:\FR\FM\04OCP1.SGM 04OCP1 54664 Federal Register / Vol. 86, No. 189 / Monday, October 4, 2021 / Proposed Rules issued AD 2020–07–17 to address, among other things, fatigue cracking of principal structural elements (PSEs) and corrosion prevention and control. This unsafe condition, if not addressed, could result in reduced structural integrity of a PSE, and lead to loss of control of the airplane. Actions Since AD 2020–07–17 Was Issued Since the FAA issued AD 2020–07– 17, the FAA has determined that new or more restrictive airworthiness limitations are necessary, and revised (fatigue) life limits for various parts are also necessary. EASA, which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2021–0132, dated May 25, 2021 (EASA AD 2021– 0132) (also referred to as the Mandatory Continuing Airworthiness Information, or the MCAI), to correct an unsafe condition for all Saab AB, Support and Services Model SAAB 2000 airplanes. EASA AD 2021–0132 superseded EASA AD 2019–0263. This proposed AD was prompted by a determination that new or more restrictive airworthiness limitations are necessary. The FAA is proposing this AD to address, among other things, fatigue cracking of PSEs and corrosion prevention and control. This unsafe condition, if not addressed, could result in reduced structural integrity of a PSE, and lead to loss of control of the airplane. See the MCAI for additional background information. Related Service Information Under 1 CFR Part 51 EASA AD 2021–0132 describes new or more restrictive airworthiness limitations for safe life limits, structural limitation items, and fuel airworthiness items, as well as certification maintenance requirements. This AD would also require EASA AD 2019–0263, which the Director of the Federal Register approved for incorporation by reference as of May 26, 2020 (85 FR 21764, April 20, 2020). This material is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section. 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 the FAA’s bilateral agreement with the State of Design Authority, the FAA has been notified of the unsafe condition VerDate Sep<11>2014 17:56 Oct 01, 2021 Jkt 256001 described in the MCAI referenced above. The FAA is proposing this AD because the FAA has 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. Proposed AD Requirements This proposed AD would retain the requirements of AD 2020–07–17. This proposed AD would also require revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations, which are specified in EASA AD 2021–0132 described previously, as incorporated by reference. Revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations required by this AD terminates the requirements of AD 2020–07–17. Any differences with EASA AD 2021–0132 are identified as exceptions in the regulatory text of this AD. This proposed AD would require revisions to certain operator maintenance documents to include new actions (e.g., inspections) and Critical Design Configuration Control Limitations (CDCCLs). Compliance with these actions and CDCCLs is required by 14 CFR 91.403(c). For airplanes that have been previously modified, altered, or repaired in the areas addressed by this proposed AD, the operator may not be able to accomplish the actions 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 (m)(1) of this proposed AD. Explanation of Required Compliance Information In the FAA’s ongoing efforts to improve the efficiency of the AD process, the FAA developed a process to use some civil aviation authority (CAA) ADs as the primary source of information for compliance with requirements for corresponding FAA ADs. The FAA has been coordinating this process with manufacturers and CAAs. As a result, the FAA proposes to incorporate EASA AD 2021–0132 by reference in the FAA final rule. This proposed AD would, therefore, require compliance with EASA AD 2021–0132 in its entirety through that incorporation, except for any differences identified as exceptions in the regulatory text of this proposed AD. Using common terms that are the same as the heading of a particular section in EASA AD 2021–0132 does not mean PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 that operators need comply only with that section. For example, where the AD requirement refers to ‘‘all required actions and compliance times,’’ compliance with this AD requirement is not limited to the section titled ‘‘Required Action(s) and Compliance Time(s)’’ in EASA AD 2021–0132. Service information required by EASA AD 2021–0132 for compliance will be available at https://www.regulations.gov by searching for and locating Docket No. FAA–2021–0841 after the FAA final rule is published. Airworthiness Limitation ADs Using the New Process The FAA’s process of incorporating by reference MCAI ADs as the primary source of information for compliance with corresponding FAA ADs has been limited to certain MCAI ADs (primarily those with service bulletins as the primary source of information for accomplishing the actions required by the FAA AD). However, the FAA is now expanding the process to include MCAI ADs that require a change to airworthiness limitation documents, such as airworthiness limitation sections. For these ADs that incorporate by reference an MCAI AD that changes airworthiness limitations, the FAA requirements are unchanged. Operators must revise the existing maintenance or inspection program, as applicable, to incorporate the information specified in the new airworthiness limitation document. The airworthiness limitations must be followed according to 14 CFR 91.403(c) and 91.409(e). The previous format of the airworthiness limitation ADs included a paragraph that specified that no alternative actions (e.g., inspections), intervals, or CDCCLs may be used unless the actions, intervals, and CDCCLs are approved as an alternative method of compliance (AMOC) in accordance with the procedures specified in the AMOCs paragraph under ‘‘Other FAA Provisions.’’ This new format includes a ‘‘New Provisions for Alternative Actions, Intervals, and CDCCLs’’ paragraph that does not specifically refer to AMOCs, but operators may still request an AMOC to use an alternative action, interval, or CDCCL. Costs of Compliance The FAA estimates that this proposed AD affects 9 airplanes of U.S. registry. The FAA estimates the following costs to comply with this proposed AD: The FAA estimates the total cost per operator for the retained actions from E:\FR\FM\04OCP1.SGM 04OCP1 Federal Register / Vol. 86, No. 189 / Monday, October 4, 2021 / Proposed Rules AD 2020–07–17 to be $7,650 (90 workhours × $85 per work-hour). The FAA has determined that revising the existing maintenance or inspection program takes an average of 90 workhours per operator, although the agency recognizes that this number may vary from operator to operator. Since operators incorporate maintenance or inspection program changes for their affected fleet(s), the FAA has determined that a per-operator estimate is more accurate than a per-airplane estimate. The FAA estimates the total cost per operator for the new proposed maintenance/inspection program revision to be $7,650 (90 work-hours × $85 per work-hour). 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. The FAA is 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 The FAA 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) Would not affect intrastate aviation in Alaska, and (3) Would not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. 17:56 Oct 01, 2021 Jkt 256001 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: a. Removing Airworthiness Directive (AD) 2020–07–17, Amendment 39– 19896 (85 FR 21764, April 20, 2020); and ■ b. Adding the following new AD: ■ ■ Authority for This Rulemaking VerDate Sep<11>2014 List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Saab AB, Support and Services (Formerly Known as Saab AB, Saab Aeronautics): Docket No. FAA–2021–0841; Project Identifier MCAI–2021–00622–T. (a) Comments Due Date The FAA must receive comments on this airworthiness directive by November 18, 2021. (b) Affected ADs This AD replaces AD 2020–07–17, Amendment 39–19896 (85 FR 21764, April 20, 2020) (AD 2020–07–17). (c) Applicability This AD applies to all Saab AB, Support and Services Model SAAB 2000 airplanes, certificated in any category. (d) Subject Air Transport Association (ATA) of America Code 05, Time Limits/Maintenance Checks. (e) Reason This AD was prompted by a determination that new or more restrictive airworthiness limitations are necessary. The FAA is issuing this AD to address, among other things, fatigue cracking of principal structural elements (PSEs) and corrosion prevention and control. This unsafe condition, if not addressed, could result in reduced structural integrity of a PSE, and lead to loss of control of the airplane. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Retained Maintenance or Inspection Program Revision, With No Changes This paragraph restates the requirements of paragraph (g) of AD 2020–07–17, with no changes. Except as specified in paragraph (h) of this AD: Comply with all required actions and compliance times specified in, and in PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 54665 accordance with, European Union Aviation Safety Agency (EASA) AD 2019–0263, dated October 22, 2019 (EASA AD 2019–0263). Accomplishing the maintenance or inspection program revision required by paragraph (j) of this AD terminates the requirements of this paragraph. (h) Retained Exceptions to EASA AD 2019– 0263, With Revised Exceptions This paragraph restates the requirements of paragraph (h) of AD 2020–07–17, with revised exceptions. (1) The requirements specified in paragraphs (1) and (2) of EASA AD 2019– 0263 do not apply to this AD. (2) Paragraph (3) of EASA AD 2019–0263 specifies revising ‘‘the approved AMP [aircraft maintenance program]’’ within 12 months after its effective date, but this AD requires revising the existing maintenance or inspection program, as applicable, to incorporate the ‘‘limitations, tasks and associated thresholds and intervals’’ specified in paragraph (3) of EASA AD 2019– 0263 within 90 days after May 26, 2020 (the effective date of AD 2020–07–17). (3) The initial compliance time for doing the tasks specified in paragraph (3) of EASA AD 2019–0263 is at the applicable ‘‘associated thresholds’’ specified in paragraph (3) of EASA AD 2019–0263, or within 90 days after May 26, 2020 (the effective date of AD 2020–07–17), whichever occurs later. (4) The provisions specified in paragraphs (4) and (5) of EASA AD 2019–0263 do not apply to this AD. (5) The ‘‘Remarks’’ section of EASA AD 2019–0263 does not apply to this AD. (i) Retained Restrictions on Alternative Actions, Intervals, and Critical Design Configuration Control Limitations (CDCCLs), With a New Exception This paragraph restates the requirements of paragraph (i) of AD 2020–07–17, with a new exception. Except as required by paragraph (j) of this AD, after the maintenance or inspection program has been revised as required by paragraph (g) of this AD, no alternative actions (e.g., inspections), intervals, and CDCCLs are allowed unless they are approved as specified in the provisions of the ‘‘Ref. Publications’’ section of EASA AD 2019–0263. (j) New Maintenance or Inspection Program Revision Except as specified in paragraph (k) of this AD: Comply with all required actions and compliance times specified in, and in accordance with, EASA AD 2021–0132, dated May 25, 2021 (EASA AD 2021–0132). Accomplishing the maintenance or inspection program revision required by this paragraph terminates the requirements of paragraph (g) of this AD. (k) Exceptions to EASA AD 2021–0132 (1) The requirements specified in paragraphs (1) and (2) of EASA AD 2021– 0132 do not apply to this AD. (2) Paragraph (3) of EASA AD 2021–0132 specifies revising ‘‘the approved AMP’’ within 12 months after its effective date, but this AD requires revising the existing E:\FR\FM\04OCP1.SGM 04OCP1 54666 Federal Register / Vol. 86, No. 189 / Monday, October 4, 2021 / Proposed Rules maintenance or inspection program, as applicable, to incorporate the ‘‘limitations, tasks and associated thresholds and intervals’’ specified in paragraph (3) of EASA AD 2021–0132 within 90 days after the effective date of this AD. (3) The initial compliance time for doing the tasks specified in paragraph (3) of EASA AD 2021–0132 is at the applicable ‘‘associated thresholds’’ specified in paragraph (3) of EASA AD 2021–0132, or within 90 days after the effective date of this AD, whichever occurs later. (4) The provisions specified in paragraphs (4) and (5) of EASA AD 2021–0132 do not apply to this AD. (5) The ‘‘Remarks’’ section of EASA AD 2021–0132 does not apply to this AD. material at the FAA, call 206–231–3195. This material may be found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA–2021–0841. (2) For more information about this AD, contact Shahram Daneshmandi, Aerospace Engineer, Large Aircraft Section, International Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206–231–3220; Shahram.Daneshmandi@faa.gov. (l) New Provisions for Alternative Actions, Intervals, and CDCCLs After the maintenance or inspection program has been revised as required by paragraph (j) of this AD, no alternative actions (e.g., inspections), intervals, and CDCCLs are allowed unless they are approved as specified in the provisions of the ‘‘Ref. Publications’’ section of EASA AD 2021–0132. BILLING CODE 4910–13–P (m) Other FAA AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, Large Aircraft Section, International Validation Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or responsible Flight Standards Office, as appropriate. If sending information directly to the Large Aircraft Section, International Validation Branch, send it to the attention of the person identified in paragraph (n)(2) of this AD. Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the responsible Flight Standards Office. (2) Contacting the Manufacturer: For any requirement in this AD to obtain instructions from a manufacturer, the instructions must be accomplished using a method approved by the Manager, Large Aircraft Section, International Validation Branch, FAA; or EASA; or Saab AB, Support and Services’ (Formerly Known as Saab AB, Saab Aeronautics) EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOAauthorized signature. (n) Related Information (1) For information about EASA AD 2021– 0132, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email ADs@easa.europa.eu; internet www.easa.europa.eu. You may find this EASA AD on the EASA website at https://ad.easa.europa.eu. You may view this material at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this VerDate Sep<11>2014 17:56 Oct 01, 2021 Jkt 256001 Issued on September 28, 2021. Lance T. Gant, Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2021–21480 Filed 10–1–21; 8:45 am] DEPARTMENT OF EDUCATION 34 CFR Chapter VI [Docket ID ED–2021–OPE–0077] Negotiated Rulemaking Committee; Public Hearings Office of Postsecondary Education, Department of Education. ACTION: Intent to establish negotiated rulemaking committee. AGENCY: We announce our intention to establish a negotiated rulemaking committee to prepare proposed regulations for programs authorized under title IV of the Higher Education Act of 1965, as amended (HEA). The Department of Education is committed to advancing equitable outcomes for all students and invites comments from individuals, organizations, or groups with interests that are significantly affected by the subject matter of the proposed regulations being considered by the committee. We also announce public hearings at which interested parties may comment on the topics for regulation. DATES: The dates, times, and locations of the public hearings are listed under the SUPPLEMENTARY INFORMATION section of this document. We must receive any written comments on or before November 3, 2021. ADDRESSES: Submit your comments through the Federal eRulemaking Portal or via postal mail, commercial delivery, or hand delivery. We will not accept comments by fax. To ensure that we do not receive duplicate copies, please submit your comments only once. In addition, please include the Docket ID at the top of your comments. • Federal eRulemaking Portal: Go to www.regulations.gov to submit your comments electronically. Information on using Regulations.gov, including SUMMARY: PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 instructions for accessing agency documents, submitting comments, and viewing the docket, is available on the site under ‘‘FAQ.’’ • Postal Mail, Commercial Delivery, or Hand Delivery: If you mail or deliver your comments, address them to Brian Schelling, U.S. Department of Education, 400 Maryland Ave. SW, Room 2C188, Washington, DC 20202. Privacy Note: The Department’s policy is to make all comments received from members of the public (including those comments submitted by postal mail, commercial delivery, or hand delivery) available for public viewing in their entirety on the Federal eRulemaking Portal at www.regulations.gov. Therefore, commenters should be careful to include in their comments only information that they wish to make publicly available. FOR FURTHER INFORMATION CONTACT: For information about negotiated rulemaking in general, see The Negotiated Rulemaking Process for Title IV Regulations, Frequently Asked Questions at www2.ed.gov/policy/ highered/reg/hearulemaking/hea08/negreg-faq.html. For information about the public hearings or for additional information about negotiated rulemaking, contact: Brian Schelling, U.S. Department of Education, 400 Maryland Ave. SW, Room 2C188, Washington, DC 20202. Telephone: (202) 453–5966. Email: brian.schelling@ ed.gov. If you use a telecommunications device for the deaf (TDD) or text telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1–800–877– 8339. Section 492 of the HEA requires that, before publishing any proposed regulations to implement programs authorized under title IV of the HEA, the Secretary obtain public involvement in the development of the proposed regulations. After obtaining advice and recommendations from the public, the Secretary conducts negotiated rulemaking to develop the proposed regulations. We announce our intent to develop proposed title IV regulations by following the negotiated rulemaking procedures in section 492 of the HEA. We intend to select participants for the negotiated rulemaking committee from nominees that represent the interests significantly affected by the proposed regulations. To the extent possible, we will select individuals who reflect diversity among program participants. SUPPLEMENTARY INFORMATION: E:\FR\FM\04OCP1.SGM 04OCP1

Agencies

[Federal Register Volume 86, Number 189 (Monday, October 4, 2021)]
[Proposed Rules]
[Pages 54663-54666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21480]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 86, No. 189 / Monday, October 4, 2021 / 
Proposed Rules

[[Page 54663]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0841; Project Identifier MCAI-2021-00622-T]
RIN 2120-AA64


Airworthiness Directives; Saab AB, Support and Services (Formerly 
Known as Saab AB, Saab Aeronautics) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2020-07-17, which applies to all Saab AB, Support and Services Model 
SAAB 2000 airplanes. AD 2020-07-17 requires revising the existing 
maintenance or inspection program, as applicable, to incorporate new or 
more restrictive airworthiness limitations. Since the FAA issued AD 
2020-07-17, the FAA has determined that new or more restrictive 
airworthiness limitations are necessary. This proposed AD would require 
revising the existing maintenance or inspection program, as applicable, 
to incorporate new or more restrictive airworthiness limitations, as 
specified in a European Union Aviation Safety Agency (EASA) AD, which 
is proposed for incorporation by reference. The FAA is proposing this 
AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by November 
18, 2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For material that will be incorporated by reference (IBR) in this 
AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; 
telephone +49 221 8999 000; email [email protected]; internet 
www.easa.europa.eu. You may find this IBR material on the EASA website 
at https://ad.easa.europa.eu. You may view this IBR material at the 
FAA, Airworthiness Products Section, Operational Safety Branch, 2200 
South 216th St., Des Moines, WA. For information on the availability of 
this material at the FAA, call 206-231-3195. It is also available in 
the AD docket on the internet at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0841.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0841; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this NPRM, any comments received, and other information. The street 
address for Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Shahram Daneshmandi, Aerospace 
Engineer, Large Aircraft Section, International Validation Branch, FAA, 
2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-
3220; [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2021-0841; Project Identifier 
MCAI-2021-00622-T'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
the proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
https://www.regulations.gov, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact received about this proposed AD.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this NPRM contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this NPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this NPRM. Submissions containing CBI should be sent to 
Shahram Daneshmandi, Aerospace Engineer, Large Aircraft Section, 
International Validation Branch, FAA, 2200 South 216th St., Des Moines, 
WA 98198; telephone and fax 206-231-3220; [email protected]. 
Any commentary that the FAA receives which is not specifically 
designated as CBI will be placed in the public docket for this 
rulemaking.

Background

    The FAA issued AD 2020-07-17, Amendment 39-19896 (85 FR 21764, 
April 20, 2020) (AD 2020-07-17), for all Saab AB, Support and Services 
Model SAAB 2000 airplanes. AD 2020-07-17 corresponds to EASA AD 2019-
0263, dated October 22, 2019 (EASA AD 2019-0263). AD 2020-07-17 
requires revising the existing maintenance or inspection program, as 
applicable, to incorporate new or more restrictive airworthiness 
limitations. The FAA

[[Page 54664]]

issued AD 2020-07-17 to address, among other things, fatigue cracking 
of principal structural elements (PSEs) and corrosion prevention and 
control. This unsafe condition, if not addressed, could result in 
reduced structural integrity of a PSE, and lead to loss of control of 
the airplane.

Actions Since AD 2020-07-17 Was Issued

    Since the FAA issued AD 2020-07-17, the FAA has determined that new 
or more restrictive airworthiness limitations are necessary, and 
revised (fatigue) life limits for various parts are also necessary.
    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2021-0132, dated May 25, 2021 (EASA 
AD 2021-0132) (also referred to as the Mandatory Continuing 
Airworthiness Information, or the MCAI), to correct an unsafe condition 
for all Saab AB, Support and Services Model SAAB 2000 airplanes. EASA 
AD 2021-0132 superseded EASA AD 2019-0263.
    This proposed AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. The FAA is 
proposing this AD to address, among other things, fatigue cracking of 
PSEs and corrosion prevention and control. This unsafe condition, if 
not addressed, could result in reduced structural integrity of a PSE, 
and lead to loss of control of the airplane. See the MCAI for 
additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0132 describes new or more restrictive airworthiness 
limitations for safe life limits, structural limitation items, and fuel 
airworthiness items, as well as certification maintenance requirements.
    This AD would also require EASA AD 2019-0263, which the Director of 
the Federal Register approved for incorporation by reference as of May 
26, 2020 (85 FR 21764, April 20, 2020).
    This material is reasonably available because the interested 
parties have access to it through their normal course of business or by 
the means identified in the ADDRESSES section.

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 the FAA's bilateral agreement with the State of Design Authority, 
the FAA has been notified of the unsafe condition described in the MCAI 
referenced above. The FAA is proposing this AD because the FAA has 
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.

Proposed AD Requirements

    This proposed AD would retain the requirements of AD 2020-07-17. 
This proposed AD would also require revising the existing maintenance 
or inspection program, as applicable, to incorporate new or more 
restrictive airworthiness limitations, which are specified in EASA AD 
2021-0132 described previously, as incorporated by reference. Revising 
the existing maintenance or inspection program, as applicable, to 
incorporate new or more restrictive airworthiness limitations required 
by this AD terminates the requirements of AD 2020-07-17. Any 
differences with EASA AD 2021-0132 are identified as exceptions in the 
regulatory text of this AD.
    This proposed AD would require revisions to certain operator 
maintenance documents to include new actions (e.g., inspections) and 
Critical Design Configuration Control Limitations (CDCCLs). Compliance 
with these actions and CDCCLs is required by 14 CFR 91.403(c). For 
airplanes that have been previously modified, altered, or repaired in 
the areas addressed by this proposed AD, the operator may not be able 
to accomplish the actions 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 
(m)(1) of this proposed AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA developed a process to use some civil aviation 
authority (CAA) ADs as the primary source of information for compliance 
with requirements for corresponding FAA ADs. The FAA has been 
coordinating this process with manufacturers and CAAs. As a result, the 
FAA proposes to incorporate EASA AD 2021-0132 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2021-0132 in its entirety through that incorporation, except 
for any differences identified as exceptions in the regulatory text of 
this proposed AD. Using common terms that are the same as the heading 
of a particular section in EASA AD 2021-0132 does not mean that 
operators need comply only with that section. For example, where the AD 
requirement refers to ``all required actions and compliance times,'' 
compliance with this AD requirement is not limited to the section 
titled ``Required Action(s) and Compliance Time(s)'' in EASA AD 2021-
0132. Service information required by EASA AD 2021-0132 for compliance 
will be available at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2021-0841 after the FAA final rule is 
published.

Airworthiness Limitation ADs Using the New Process

    The FAA's process of incorporating by reference MCAI ADs as the 
primary source of information for compliance with corresponding FAA ADs 
has been limited to certain MCAI ADs (primarily those with service 
bulletins as the primary source of information for accomplishing the 
actions required by the FAA AD). However, the FAA is now expanding the 
process to include MCAI ADs that require a change to airworthiness 
limitation documents, such as airworthiness limitation sections.
    For these ADs that incorporate by reference an MCAI AD that changes 
airworthiness limitations, the FAA requirements are unchanged. 
Operators must revise the existing maintenance or inspection program, 
as applicable, to incorporate the information specified in the new 
airworthiness limitation document. The airworthiness limitations must 
be followed according to 14 CFR 91.403(c) and 91.409(e).
    The previous format of the airworthiness limitation ADs included a 
paragraph that specified that no alternative actions (e.g., 
inspections), intervals, or CDCCLs may be used unless the actions, 
intervals, and CDCCLs are approved as an alternative method of 
compliance (AMOC) in accordance with the procedures specified in the 
AMOCs paragraph under ``Other FAA Provisions.'' This new format 
includes a ``New Provisions for Alternative Actions, Intervals, and 
CDCCLs'' paragraph that does not specifically refer to AMOCs, but 
operators may still request an AMOC to use an alternative action, 
interval, or CDCCL.

Costs of Compliance

    The FAA estimates that this proposed AD affects 9 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this 
proposed AD:
    The FAA estimates the total cost per operator for the retained 
actions from

[[Page 54665]]

AD 2020-07-17 to be $7,650 (90 work-hours x $85 per work-hour).
    The FAA has determined that revising the existing maintenance or 
inspection program takes an average of 90 work-hours per operator, 
although the agency recognizes that this number may vary from operator 
to operator. Since operators incorporate maintenance or inspection 
program changes for their affected fleet(s), the FAA has determined 
that a per-operator estimate is more accurate than a per-airplane 
estimate. The FAA estimates the total cost per operator for the new 
proposed maintenance/inspection program revision to be $7,650 (90 work-
hours x $85 per work-hour).

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.
    The FAA is 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

    The FAA 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) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

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:
0
a. Removing Airworthiness Directive (AD) 2020-07-17, Amendment 39-19896 
(85 FR 21764, April 20, 2020); and
0
b. Adding the following new AD:

Saab AB, Support and Services (Formerly Known as Saab AB, Saab 
Aeronautics): Docket No. FAA-2021-0841; Project Identifier MCAI-
2021-00622-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive by 
November 18, 2021.

(b) Affected ADs

    This AD replaces AD 2020-07-17, Amendment 39-19896 (85 FR 21764, 
April 20, 2020) (AD 2020-07-17).

(c) Applicability

    This AD applies to all Saab AB, Support and Services Model SAAB 
2000 airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Reason

    This AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. The FAA is 
issuing this AD to address, among other things, fatigue cracking of 
principal structural elements (PSEs) and corrosion prevention and 
control. This unsafe condition, if not addressed, could result in 
reduced structural integrity of a PSE, and lead to loss of control 
of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Retained Maintenance or Inspection Program Revision, With No 
Changes

    This paragraph restates the requirements of paragraph (g) of AD 
2020-07-17, with no changes. Except as specified in paragraph (h) of 
this AD: Comply with all required actions and compliance times 
specified in, and in accordance with, European Union Aviation Safety 
Agency (EASA) AD 2019-0263, dated October 22, 2019 (EASA AD 2019-
0263). Accomplishing the maintenance or inspection program revision 
required by paragraph (j) of this AD terminates the requirements of 
this paragraph.

(h) Retained Exceptions to EASA AD 2019-0263, With Revised Exceptions

    This paragraph restates the requirements of paragraph (h) of AD 
2020-07-17, with revised exceptions.
    (1) The requirements specified in paragraphs (1) and (2) of EASA 
AD 2019-0263 do not apply to this AD.
    (2) Paragraph (3) of EASA AD 2019-0263 specifies revising ``the 
approved AMP [aircraft maintenance program]'' within 12 months after 
its effective date, but this AD requires revising the existing 
maintenance or inspection program, as applicable, to incorporate the 
``limitations, tasks and associated thresholds and intervals'' 
specified in paragraph (3) of EASA AD 2019-0263 within 90 days after 
May 26, 2020 (the effective date of AD 2020-07-17).
    (3) The initial compliance time for doing the tasks specified in 
paragraph (3) of EASA AD 2019-0263 is at the applicable ``associated 
thresholds'' specified in paragraph (3) of EASA AD 2019-0263, or 
within 90 days after May 26, 2020 (the effective date of AD 2020-07-
17), whichever occurs later.
    (4) The provisions specified in paragraphs (4) and (5) of EASA 
AD 2019-0263 do not apply to this AD.
    (5) The ``Remarks'' section of EASA AD 2019-0263 does not apply 
to this AD.

(i) Retained Restrictions on Alternative Actions, Intervals, and 
Critical Design Configuration Control Limitations (CDCCLs), With a New 
Exception

    This paragraph restates the requirements of paragraph (i) of AD 
2020-07-17, with a new exception. Except as required by paragraph 
(j) of this AD, after the maintenance or inspection program has been 
revised as required by paragraph (g) of this AD, no alternative 
actions (e.g., inspections), intervals, and CDCCLs are allowed 
unless they are approved as specified in the provisions of the 
``Ref. Publications'' section of EASA AD 2019-0263.

(j) New Maintenance or Inspection Program Revision

    Except as specified in paragraph (k) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, EASA AD 2021-0132, dated May 25, 2021 (EASA AD 
2021-0132). Accomplishing the maintenance or inspection program 
revision required by this paragraph terminates the requirements of 
paragraph (g) of this AD.

(k) Exceptions to EASA AD 2021-0132

    (1) The requirements specified in paragraphs (1) and (2) of EASA 
AD 2021-0132 do not apply to this AD.
    (2) Paragraph (3) of EASA AD 2021-0132 specifies revising ``the 
approved AMP'' within 12 months after its effective date, but this 
AD requires revising the existing

[[Page 54666]]

maintenance or inspection program, as applicable, to incorporate the 
``limitations, tasks and associated thresholds and intervals'' 
specified in paragraph (3) of EASA AD 2021-0132 within 90 days after 
the effective date of this AD.
    (3) The initial compliance time for doing the tasks specified in 
paragraph (3) of EASA AD 2021-0132 is at the applicable ``associated 
thresholds'' specified in paragraph (3) of EASA AD 2021-0132, or 
within 90 days after the effective date of this AD, whichever occurs 
later.
    (4) The provisions specified in paragraphs (4) and (5) of EASA 
AD 2021-0132 do not apply to this AD.
    (5) The ``Remarks'' section of EASA AD 2021-0132 does not apply 
to this AD.

(l) New Provisions for Alternative Actions, Intervals, and CDCCLs

    After the maintenance or inspection program has been revised as 
required by paragraph (j) of this AD, no alternative actions (e.g., 
inspections), intervals, and CDCCLs are allowed unless they are 
approved as specified in the provisions of the ``Ref. Publications'' 
section of EASA AD 2021-0132.

(m) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Large Aircraft Section, International Validation Branch, FAA, has 
the authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or responsible Flight 
Standards Office, as appropriate. If sending information directly to 
the Large Aircraft Section, International Validation Branch, send it 
to the attention of the person identified in paragraph (n)(2) of 
this AD. Information may be emailed to: [email protected]. 
Before using any approved AMOC, notify your appropriate principal 
inspector, or lacking a principal inspector, the manager of the 
responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain instructions from a manufacturer, the instructions must be 
accomplished using a method approved by the Manager, Large Aircraft 
Section, International Validation Branch, FAA; or EASA; or Saab AB, 
Support and Services' (Formerly Known as Saab AB, Saab Aeronautics) 
EASA Design Organization Approval (DOA). If approved by the DOA, the 
approval must include the DOA-authorized signature.

(n) Related Information

    (1) For information about EASA AD 2021-0132, contact EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
8999 000; email [email protected]; internet www.easa.europa.eu. You 
may find this EASA AD on the EASA website at https://ad.easa.europa.eu. You may view this material at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 2200 
South 216th St., Des Moines, WA. For information on the availability 
of this material at the FAA, call 206-231-3195. This material may be 
found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2021-0841.
    (2) For more information about this AD, contact Shahram 
Daneshmandi, Aerospace Engineer, Large Aircraft Section, 
International Validation Branch, FAA, 2200 South 216th St., Des 
Moines, WA 98198; telephone and fax 206-231-3220; 
[email protected].

    Issued on September 28, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-21480 Filed 10-1-21; 8:45 am]
BILLING CODE 4910-13-P

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