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Federal Register / Vol. 73, No.

82 / Monday, April 28, 2008 / Rules and Regulations 22789

code_of_federal_regulations/ www.regulations.gov or in person at the This EASA Airworthiness Directive


ibr_locations.html. U.S. Department of Transportation, mandates the Fuel System Airworthiness
(e) This amendment becomes effective on Docket Operations, M–30, West Limitations (comprising maintenance/
June 2, 2008. Building Ground Floor, Room W12–140, inspection tasks and Critical Design
Configuration Control Limitations (CDCCL))
Issued in Fort Worth, Texas, on April 3, 1200 New Jersey Avenue, SE., for the type of aircraft, that resulted from the
2008. Washington, DC. design reviews and the JAA recommendation
Mark R. Schilling, FOR FURTHER INFORMATION CONTACT: and EASA policy statement mentioned
Acting Manager, Rotorcraft Directorate, Mike Borfitz, Aerospace Engineer, above.
Aircraft Certification Service. International Branch, ANM–116, FAA, The corrective action is revising the
[FR Doc. E8–8638 Filed 4–25–08; 8:45 am] Transport Airplane Directorate, 1601 Airworthiness Limitations Section of
BILLING CODE 4910–13–P Lind Avenue, SW., Renton, Washington the Instructions for Continued
98057–3356; telephone (425) 227–2677; Airworthiness to incorporate new
fax (425) 227–1149. limitations for fuel tank systems. You
DEPARTMENT OF TRANSPORTATION SUPPLEMENTARY INFORMATION: may obtain further information by
Federal Aviation Administration Discussion examining the MCAI in the AD docket.
We issued a supplemental notice of Comments
14 CFR Part 39 proposed rulemaking (NPRM) to amend We gave the public the opportunity to
[Docket No. FAA–2007–29248; Directorate 14 CFR part 39 to include an AD that participate in developing this AD. We
Identifier 2007–NM–155–AD; Amendment would apply to the specified products. received no comments on the NPRM or
39–15487; AD 2008–09–06] That supplemental NPRM was on the determination of the cost to the
RIN 2120–AA64 published in the Federal Register on public.
March 6, 2008 (73 FR 12034). That
Airworthiness Directives; Saab Model supplemental NPRM proposed to Conclusion
SAAB-Fairchild SF340A (SAAB/ correct an unsafe condition for the We reviewed the available data and
SF340A) and SAAB 340B Airplanes specified products. The MCAI states: determined that air safety and the
AGENCY: Federal Aviation Subsequent to accidents involving Fuel public interest require adopting the AD
Tank System explosions in flight * * * and as proposed.
Administration (FAA), Department of on ground, the FAA published Special
Transportation (DOT). Federal Aviation Regulation 88 (SFAR 88) in Differences Between This AD and the
ACTION: Final rule. June 2001. SFAR 88 required a safety review MCAI or Service Information
of the aircraft Fuel Tank System to determine
SUMMARY: We are adopting a new that the design meets the requirements of We have reviewed the MCAI and
airworthiness directive (AD) for the FAR (Federal Aviation Regulation) § 25.901 related service information and, in
products listed above. This AD results and § 25.981(a) and (b). general, agree with their substance. But
from mandatory continuing A similar regulation has been we might have found it necessary to use
airworthiness information (MCAI) recommended by the JAA (Joint Aviation different words from those in the MCAI
Authorities) to the European National to ensure the AD is clear for U.S.
originated by an aviation authority of Aviation Authorities in JAA letter 04/00/02/
another country to identify and correct operators and is enforceable. In making
07/03–L024 of 3 February 2003. The review
an unsafe condition on an aviation was requested to be mandated by NAA’s
these changes, we do not intend to differ
product. The MCAI describes the unsafe (National Aviation Authorities) using JAR substantively from the information
condition as: (Joint Aviation Regulation) § 25.901(c), provided in the MCAI and related
§ 25.1309. service information.
Subsequent to accidents involving Fuel
Tank System explosions in flight * * * and
In August 2005 EASA published a policy We might also have required different
statement on the process for developing actions in this AD from those in the
on ground, * * * Special Federal Aviation
instructions for maintenance and inspection MCAI in order to follow our FAA
Regulation 88 (SFAR88) * * * required a
of Fuel Tank System ignition source policies. Any such differences are
safety review of the aircraft Fuel Tank prevention (EASA D 2005/CPRO,
System * * *. www.easa.eu.int/home/ highlighted in a NOTE within the AD.
* * * * * cert_policy_statements_en.html) that also Costs of Compliance
Fuel Airworthiness Limitations are items included the EASA expectations with regard
arising from a systems safety analysis that to compliance times of the corrective actions We estimate that this AD will affect
have been shown to have failure mode(s) on the unsafe and the not unsafe part of the about 144 products of U.S. registry. We
associated with an ‘unsafe condition’ * * *. harmonised design review results. On a also estimate that it will take about 1
These are identified in Failure Conditions for global scale the TC (type certificate) holders work-hour per product to comply with
which an unacceptable probability of ignition committed themselves to the EASA the basic requirements of this AD. The
risk could exist if specific tasks and/or published compliance dates (see EASA
average labor rate is $80 per work-hour.
practices are not performed in accordance policy statement). The EASA policy
with the manufacturers’ requirements. statement has been revised in March 2006: Based on these figures, we estimate the
the date of 31–12–2005 for the unsafe related cost of this AD to the U.S. operators to
We are issuing this AD to require actions has now been set at 01–07–2006. be $11,520, or $80 per product.
actions to correct the unsafe condition Fuel Airworthiness Limitations are items
on these products. arising from a systems safety analysis that
Authority for This Rulemaking
DATES: This AD becomes effective June have been shown to have failure mode(s) Title 49 of the United States Code
2, 2008. associated with an ‘unsafe condition’ as specifies the FAA’s authority to issue
The Director of the Federal Register defined in FAA’s memo 2003–112–15 ‘SFAR rules on aviation safety. Subtitle I,
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approved the incorporation by reference 88—Mandatory Action Decision Criteria’.


These are identified in Failure Conditions for
section 106, describes the authority of
of a certain publication listed in this AD the FAA Administrator. ‘‘Subtitle VII:
which an unacceptable probability of ignition
as of June 2, 2008. risk could exist if specific tasks and/or Aviation Programs,’’ describes in more
ADDRESSES: You may examine the AD practices are not performed in accordance detail the scope of the Agency’s
docket on the Internet at http:// with the manufacturers’ requirements. authority.

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22790 Federal Register / Vol. 73, No. 82 / Monday, April 28, 2008 / Rules and Regulations

We are issuing this rulemaking under PART 39—AIRWORTHINESS included the EASA expectations with regard
the authority described in ‘‘Subtitle VII, DIRECTIVES to compliance times of the corrective actions
Part A, Subpart III, Section 44701: on the unsafe and the not unsafe part of the
General requirements.’’ Under that ■ 1. The authority citation for part 39 harmonised design review results. On a
continues to read as follows: global scale the TC (type certificate) holders
section, Congress charges the FAA with committed themselves to the EASA
promoting safe flight of civil aircraft in Authority: 49 U.S.C. 106(g), 40113, 44701. published compliance dates (see EASA
air commerce by prescribing regulations policy statement). The EASA policy
§ 39.13 [Amended]
for practices, methods, and procedures statement has been revised in March 2006:
the Administrator finds necessary for ■ 2. The FAA amends § 39.13 by adding the date of 31–12–2005 for the unsafe related
safety in air commerce. This regulation the following new AD: actions has now been set at 01–07–2006.
is within the scope of that authority Fuel Airworthiness Limitations are items
2008–09–06 Saab Aircraft AB: Amendment
arising from a systems safety analysis that
because it addresses an unsafe condition 39–15487. Docket No. FAA–2007–29248;
have been shown to have failure mode(s)
that is likely to exist or develop on Directorate Identifier 2007–NM–155–AD.
associated with an ‘unsafe condition’ as
products identified in this rulemaking Effective Date defined in FAA’s memo 2003–112–15 ‘SFAR
action. 88—Mandatory Action Decision Criteria’.
(a) This airworthiness directive (AD)
becomes effective June 2, 2008. These are identified in Failure Conditions for
Regulatory Findings which an unacceptable probability of ignition
We determined that this AD will not Affected ADs risk could exist if specific tasks and/or
have federalism implications under (b) None. practices are not performed in accordance
with the manufacturers’ requirements.
Executive Order 13132. This AD will Applicability This EASA Airworthiness Directive
not have a substantial direct effect on mandates the Fuel System Airworthiness
(c) This AD applies to all Saab Model
the States, on the relationship between SAAB-Fairchild SF340A (SAAB/SF340A) Limitations (comprising maintenance/
the national government and the States, and SAAB 340B airplanes, certificated in any inspection tasks and Critical Design
or on the distribution of power and category, all serial numbers. Configuration Control Limitations (CDCCL))
responsibilities among the various Note 1: This AD requires revisions to for the type of aircraft, that resulted from the
levels of government. certain operator maintenance documents to design reviews and the JAA recommendation
include new inspections. Compliance with and EASA policy statement mentioned
For the reasons discussed above, I above.
certify this AD: these inspections is required by 14 CFR
91.403(c). For airplanes that have been The corrective action is revising the
1. Is not a ‘‘significant regulatory previously modified, altered, or repaired in Airworthiness Limitations Section of the
action’’ under Executive Order 12866; the areas addressed by these inspections, the Instructions for Continued Airworthiness to
2. Is not a ‘‘significant rule’’ under the operator may not be able to accomplish the incorporate new limitations for fuel tank
DOT Regulatory Policies and Procedures inspections described in the revisions. In this systems.
(44 FR 11034, February 26, 1979); and situation, to comply with 14 CFR 91.403(c),
Actions and Compliance
the operator must request approval for an
3. Will not have a significant alternative method of compliance according (f) Unless already done, do the following
economic impact, positive or negative, to paragraph (g)(1) of this AD. The request actions.
on a substantial number of small entities should include a description of changes to (1) Before December 16, 2008, or within 3
under the criteria of the Regulatory the required inspections that will ensure the months after the effective date of this AD,
Flexibility Act. continued operational safety of the airplane. whichever occurs earlier, revise the
Airworthiness Limitations Section (ALS) of
We prepared a regulatory evaluation Subject the Instructions for Continued Airworthiness
of the estimated costs to comply with to incorporate the maintenance and
(d) Air Transport Association (ATA) of
this AD and placed it in the AD docket. inspection instructions in Part 1 of Saab 340
America Code 28: Fuel.
Examining the AD Docket Fuel Airworthiness Limitations Document
Reason 340 LKS 009033, dated February 14, 2006.
You may examine the AD docket on (e) The mandatory continuing For all tasks identified in Part 1 of Saab 340
the Internet at http:// airworthiness information (MCAI) states: Fuel Airworthiness Limitations Document
www.regulations.gov; or in person at the Subsequent to accidents involving Fuel 340 LKS 009033, dated February 14, 2006,
Docket Operations office between 9 a.m. Tank System explosions in flight * * * and the initial compliance times start from the
on ground, the FAA published Special effective date of this AD, and the repetitive
and 5 p.m., Monday through Friday, Federal Aviation Regulation 88 (SFAR 88) in inspections must be accomplished thereafter
except Federal holidays. The AD docket June 2001. SFAR 88 required a safety review at the interval specified in Part 1 of Saab 340
contains the NPRM, the regulatory of the aircraft Fuel Tank System to determine Fuel Airworthiness Limitations Document
evaluation, any comments received, and that the design meets the requirements of 340 LKS 009033, dated February 14, 2006;
other information. The street address for FAR (Federal Aviation Regulation) § 25.901 except as provided by paragraphs (f)(3) and
the Docket Operations office (telephone and § 25.981(a) and (b). (g) of this AD.
(800) 647–5527) is in the ADDRESSES A similar regulation has been (2) Before December 16, 2008, revise the
section. Comments will be available in recommended by the JAA (Joint Aviation ALS of the Instructions for Continued
the AD docket shortly after receipt. Authorities) to the European National Airworthiness to incorporate the CDCCLs as
Aviation Authorities in JAA letter 04/00/02/ defined in Part 2 of Saab 340 Fuel
List of Subjects in 14 CFR Part 39 07/03–L024 of 3 February 2003. The review Airworthiness Limitations Document 340
was requested to be mandated by NAA’s LKS 009033, dated February 14, 2006.
Air transportation, Aircraft, Aviation (National Aviation Authorities) using JAR (3) After accomplishing the actions
safety, Incorporation by reference, (Joint Aviation Regulation) § 25.901(c), specified in paragraphs (f)(1) and (f)(2) of this
Safety. § 25.1309. AD, no alternative inspection, inspection
In August 2005 EASA published a policy intervals, or CDCCLs may be used unless the
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Adoption of the Amendment statement on the process for developing inspections, intervals, or CDCCLs are part of
instructions for maintenance and inspection a later revision of Saab 340 Fuel
■ Accordingly, under the authority of Fuel Tank System ignition source Airworthiness Limitations Document 340
delegated to me by the Administrator, prevention (EASA D 2005/CPRO, LKS 009033, dated February 14, 2006, that is
the FAA amends 14 CFR part 39 as www.easa.eu.int/home/ approved by the Manager, International
follows: cert_policy_statements_en.html) that also Branch, ANM–116, Transport Airplane

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Federal Register / Vol. 73, No. 82 / Monday, April 28, 2008 / Rules and Regulations 22791

Directorate, FAA, or the European Aviation Aircraft Product Support, S–581.88, of Agusta Bollettino Tecnico No. 109–
Safety Agency (EASA) (or its delegated Linköping, Sweden. 123, dated November 16, 2006, as of
agent); or unless the inspections, intervals, or (3) You may review copies at the FAA, May 13, 2008.
CDCCLs are approved as an alternative Transport Airplane Directorate, 1601 Lind We must receive comments on this
method of compliance (AMOC) in Avenue, SW., Renton, Washington; or at the
accordance with the procedures specified in National Archives and Records
AD by June 27, 2008.
paragraph (g)(1) of this AD. Administration (NARA). For information on ADDRESSES: You may send comments by
(4) Where Saab 340 Fuel Airworthiness the availability of this material at NARA, call any of the following methods:
Limitations Document 340 LKS 009033, (202) 741–6030, or go to: http:// • Federal eRulemaking Portal: Go to
dated February 14, 2006, allows for www.archives.gov/federal-register/cfr/ibr- http://www.regulations.gov. Follow the
exceptional short-term extensions, an locations.html. instructions for submitting comments.
exception is acceptable to the FAA if it is
approved by the appropriate principal Issued in Renton, Washington, on April 15, • Fax: 202–493–2251.
inspector in the FAA Flight Standards 2008. • Mail: U.S. Department of
Certificate Holding District Office. Ali Bahrami, Transportation, Docket Operations, M–
Manager, Transport Airplane Directorate, 30, West Building Ground Floor, Room
FAA AD Differences
Aircraft Certification Service. W12–140, 1200 New Jersey Avenue, SE.,
Note 2: This AD differs from the MCAI [FR Doc. E8–8663 Filed 4–25–08; 8:45 am] Washington, DC 20590.
and/or service information as follows: No
BILLING CODE 4910–13–P
• Hand Delivery: U.S. Department of
differences. Transportation, Docket Operations, M–
Other FAA AD Provisions 30, West Building Ground Floor, Room
DEPARTMENT OF TRANSPORTATION W12–140, 1200 New Jersey Avenue, SE.,
(g) The following provisions also apply to
this AD: Washington, DC 20590, between 9 a.m.
(1) Alternative Methods of Compliance Federal Aviation Administration and 5 p.m., Monday through Friday,
(AMOCs): The Manager, International except Federal holidays.
Branch, ANM–116, Transport Airplane 14 CFR Part 39 Examining the AD Docket: You may
Directorate, FAA, has the authority to examine the AD docket on the Internet
approve AMOCs for this AD, if requested [Docket No. FAA–2008–0431; Directorate
Identifier 2008–SW–08–AD; Amendment 39– at http://www.regulations.gov or in
using the procedures found in 14 CFR 39.19. person at the Docket Operations office
Send information to ATTN: Mike Borfitz, 15483; AD 2008–09–03]
Aerospace Engineer, International Branch,
between 9 a.m. and 5 p.m., Monday
RIN 2120–AA64 through Friday, except Federal holidays.
ANM–116, FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, The AD docket contains this AD, the
Airworthiness Directives; Agusta
Washington 98057–3356; telephone (425) economic evaluation, any comments
S.p.A. Model A109A, A109A II, and
227–2677; fax (425) 227–1149. Before using received, and other information. The
any approved AMOC on any airplane to A109C Helicopters
street address for the Docket Operations
which the AMOC applies, notify your AGENCY: Federal Aviation office (telephone (800) 647–5527) is in
appropriate principal inspector (PI) in the
Administration (FAA), Department of the ADDRESSES section. Comments will
FAA Flight Standards District Office (FSDO),
or lacking a PI, your local FSDO. Transportation (DOT). be available in the AD docket shortly
(2) Airworthy Product: For any requirement ACTION: Final rule; request for after receipt.
in this AD to obtain corrective actions from comments. FOR FURTHER INFORMATION CONTACT: Eric
a manufacturer or other source, use these Haight, Aviation Safety Engineer, FAA,
actions if they are FAA-approved. Corrective SUMMARY: We are adopting a new Rotorcraft Directorate, Regulations and
actions are considered FAA-approved if they airworthiness directive (AD) for the Guidance Group, Fort Worth, Texas
are approved by the State of Design Authority specified Agusta S.p.A. (Agusta) model
(or their delegated agent). You are required
76193–0111, telephone (817) 222–5204,
helicopters. This AD results from fax (817) 222–5961.
to assure the product is airworthy before it
is returned to service. mandatory continuing airworthiness SUPPLEMENTARY INFORMATION:
(3) Reporting Requirements: For any information (MCAI) originated by an
reporting requirement in this AD, under the aviation authority to identify and Streamlined Issuance of AD
provisions of the Paperwork Reduction Act, correct an unsafe condition on an The FAA is implementing a new
the Office of Management and Budget (OMB) aviation product. The European process for streamlining the issuance of
has approved the information collection Aviation Safety Agency (EASA), the ADs related to MCAI. This streamlined
requirements and has assigned OMB Control Technical Agent for Italy, with which
Number 2120–0056. process will allow us to adopt MCAI
we have a bilateral agreement, states in safety requirements in a more efficient
Related Information the MCAI: manner and will reduce safety risks to
(h) Refer to MCAI EASA Airworthiness It has been reported, on an A109A the public. This process continues to
Directive 2006–0221, dated July 20, 2006; helicopter, a case of failure of the grooved follow all FAA AD issuance processes to
and Saab 340 Fuel Airworthiness Limitations clamp fixing the engine exhaust duct, with meet legal, economic, Administrative
Document 340 LKS 009033, dated February the consequent loss of the duct. Procedure Act, and Federal Register
14, 2006; for related information. The duct has hit the main and tail rotor requirements. We also continue to meet
Material Incorporated by Reference producing the loss of the tail rotor and the
emergency landing of the helicopter.
our technical decision-making
(i) You must use Saab 340 Fuel responsibilities to identify and correct
Airworthiness Limitations Document 340 The fracture of the grooved clamp was unsafe conditions on U.S.-certificated
LKS 009033, dated February 14, 2006, to do due to excessive loads and corrosion products.
the actions required by this AD, unless the around the attaching rivets. This AD This AD references the MCAI and
AD specifies otherwise. requires actions that are intended to related service information that we
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(1) The Director of the Federal Register address this unsafe condition.
approved the incorporation by reference of
considered in forming the engineering
this service information under 5 U.S.C. DATES: This AD becomes effective May basis to correct the unsafe condition.
552(a) and 1 CFR part 51. 13, 2008. The AD contains text copied from the
(2) For service information identified in The Director of the Federal Register MCAI and for this reason might not
this AD, contact Saab Aircraft AB, SAAB approved the incorporation by reference follow our plain language principles.

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