[Federal Register Volume 79, Number 150 (Tuesday, August 5, 2014)]
[Rules and Regulations]
[Pages 45337-45340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-17315]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2014-0056; Directorate Identifier 2013-NM-160-AD;
Amendment 39-17906; AD 2014-15-04]
RIN 2120-AA64
Airworthiness Directives; Saab AB, Saab Aerosystems Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Saab AB, Saab Aerosystems Model SAAB 2000 airplanes. This AD was
prompted by a report of rudder pedal restriction which was the result
of water leakage at the inlet tubing of an in-line heater in the lower
part of the forward fuselage. This AD requires deactivating the potable
water system, or alternatively filling and activating the potable water
system. We are issuing this AD to prevent rudder pedal restriction due
to the pitch control mechanism becoming frozen as the result of water
spray, which could prevent disconnection and normal pitch control, and
consequently result in reduced controllability of the airplane.
DATES: This AD becomes effective September 9, 2014.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of September 9,
2014.
ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0056; or in person at the
Docket Management Facility, U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC.
For service information identified in this AD, contact Saab AB,
Saab Aerosystems, SE-581 88, Link[ouml]ping, Sweden; telephone +46 13
18 5591; fax +46 13 18 4874; email [email protected];
Internet http://www.saabgroup.com. You may view this referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call 425-227-1221.
FOR FURTHER INFORMATION CONTACT: Shahram Daneshmandi, Aerospace
Engineer, International Branch, ANM-116, Transport Airplane
Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356;
telephone 425-227-1112; fax 425-227-1149.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain Saab AB, Saab
Aerosystems Model SAAB 2000 airplanes. The NPRM published in the
Federal Register on February 25, 2014 (79 FR 10433). The NPRM was
prompted by a report of rudder pedal restriction which was the result
of water leakage at the inlet tubing of an in-line heater in the lower
part of the forward fuselage.
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2013-0172R1, dated September 6, 2013 (referred
to after this as the Mandatory Continuing Airworthiness Information, or
``the
[[Page 45338]]
MCAI''), to correct an unsafe condition for certain Saab AB, Saab
Aerosystems Model SAAB 2000 airplanes. The MCAI states:
One occurrence of rudder pedal restriction has been reported on
a SAAB 2000 aeroplane. Subsequent investigation showed that this was
the result of water leakage at the inlet tubing for the in-line
heater (25HY) in the lower part of the forward fuselage (Zone 116).
The in-line heater attachment was found ruptured, which resulted in
water spraying in the area. Frozen water on the rudder control
mechanism in Zone 116 then led to the rudder pedal restriction.
Analysis after the reported event indicates that the pitch
control mechanism (including pitch disconnect/spring unit) may also
be frozen as a result of water spray, which would prevent
disconnection and normal pitch control.
This condition, if not corrected, could result in further
occurrences of reduced control of an aeroplane.
Prompted by these findings, as a temporary action to avoid this
potential unsafe condition, SAAB determined that the potable water
system should be deactivated. SAAB is working on a solution that is
expected to eliminate the consequences of water spraying in the
area.
To address this unsafe condition, EASA issued [an] Emergency AD
* * * to require deactivation of the Potable Water System.
Since that [EASA] AD was issued, SAAB developed a temporary
alternative procedure for filling, reactivation and continued
operation of the potable water system. This procedure includes a
visual inspection to make sure that there is no water spray in the
lower part of the forward fuselage (Zone 116) during refilling of
the potable water.
For the reasons described above, this [EASA] AD is revised to
allow application of the alternative filling procedure of the
Potable Water System.
This [EASA] AD is still considered to be an interim action and
further [EASA] AD action may follow.
You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0056-0002.
Comments
We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (79 FR 10433, February 25,
2014) or on the determination of the cost to the public.
``Contacting the Manufacturer'' Paragraph in This AD
Since late 2006, we have included a standard paragraph titled
``Airworthy Product'' in all MCAI ADs in which the FAA develops an AD
based on a foreign authority's AD.
The MCAI or referenced service information in an FAA AD often
directs the owner/operator to contact the manufacturer for corrective
actions, such as a repair. Briefly, the Airworthy Product paragraph
allowed owners/operators to use corrective actions provided by the
manufacturer if those actions were FAA-approved. In addition, the
paragraph stated that any actions approved by the State of Design
Authority (or its delegated agent) are considered to be FAA-approved.
In the NPRM (79 FR 10433, February 25, 2014), we proposed to
prevent the use of repairs that were not specifically developed to
correct the unsafe condition, by requiring that the repair approval
provided by the State of Design Authority or its delegated agent
specifically refer to this FAA AD. This change was intended to clarify
the method of compliance and to provide operators with better
visibility of repairs that are specifically developed and approved to
correct the unsafe condition. In addition, we proposed to change the
phrase ``its delegated agent'' to include a design approval holder
(DAH) with State of Design Authority design organization approval
(DOA), as applicable, to refer to a DAH authorized to approve required
repairs for the proposed AD.
No comments were provided to the NPRM (79 FR 10433, February 25,
2014) about these proposed changes. However, a comment was provided for
another NPRM, Directorate Identifier 2012-NM-101-AD (78 FR 78285,
December 26, 2013), in which the commenter stated the following: ``The
proposed wording, being specific to repairs, eliminates the
interpretation that Airbus messages are acceptable for approving minor
deviations (corrective actions) needed during accomplishment of an AD
mandated Airbus service bulletin.''
This comment has made the FAA aware that some operators have
misunderstood or misinterpreted the Airworthy Product paragraph to
allow the owner/operator to use messages provided by the manufacturer
as approval of deviations during the accomplishment of an AD-mandated
action. The Airworthy Product paragraph does not approve messages or
other information provided by the manufacturer for deviations to the
requirements of the AD-mandated actions. The Airworthy Product
paragraph only addresses the requirement to contact the manufacturer
for corrective actions for the identified unsafe condition and does not
cover deviations from other AD requirements. However, deviations to AD-
required actions are addressed in 14 CFR 39.17, and anyone may request
the approval for an alternative method of compliance to the AD-required
actions using the procedures found in 14 CFR 39.19.
To address this misunderstanding and misinterpretation of the
Airworthy Product paragraph, we have changed that paragraph and
retitled it ``Contacting the Manufacturer.'' This paragraph now
clarifies that for any requirement in this AD to obtain corrective
actions from a manufacturer, the action must be accomplished using a
method approved by the FAA, the European Aviation Safety Agency (EASA),
or Saab AB, Saab Aerosystems' EASA DOA.
The Contacting the Manufacturer paragraph also clarifies that, if
approved by the DOA, the approval must include the DOA-authorized
signature. The DOA signature indicates that the data and information
contained in the document are EASA-approved, which is also FAA-
approved. Messages and other information provided by the manufacturer
that does not contain the DOA-authorized signature approval are not
EASA-approved, unless EASA directly approves the manufacturer's message
or other information.
This clarification does not remove flexibility previously afforded
by the Airworthy Product paragraph. Consistent with long-standing FAA
policy, such flexibility was never intended for required actions. This
is also consistent with the recommendation of the Airworthiness
Directive Implementation Aviation Rulemaking Committee to increase
flexibility in complying with ADs by identifying those actions in
manufacturers' service instructions that are ``Required for
Compliance'' with ADs. We continue to work with manufacturers to
implement this recommendation. But once we determine that an action is
required, any deviation from the requirement must be approved as an
alternative method of compliance.
Other commenters to the NPRM discussed previously, Directorate
Identifier 2012-NM-101-AD (78 FR 78285, December 26, 2013), pointed out
that in many cases the foreign manufacturer's service bulletin and the
foreign authority's MCAI might have been issued some time before the
FAA AD. Therefore, the DOA might have provided U.S. operators with an
approved repair, developed with full awareness of the unsafe condition,
before the FAA AD is issued. Under these circumstances, to comply with
the FAA AD, the operator would be required to go back to the
manufacturer's DOA and obtain a new approval document, adding time and
expense to the compliance process with no safety benefit.
[[Page 45339]]
Based on these comments, we removed the requirement that the DAH-
provided repair specifically refer to this AD. Before adopting such a
requirement, the FAA will coordinate with affected DAHs and verify they
are prepared to implement means to ensure that their repair approvals
consider the unsafe condition addressed in this AD. Any such
requirements will be adopted through the normal AD rulemaking process,
including notice-and-comment procedures, when appropriate. We also have
decided not to include a generic reference to either the ``delegated
agent'' or ``DAH with State of Design Authority design organization
approval,'' but instead we have provided the specific delegation
approval granted by the State of Design Authority for the DAH in the
Contacting the Manufacturer paragraph of this AD.
Conclusion
We reviewed the relevant data and determined that air safety and
the public interest require adopting this AD with the changes described
previously and minor editorial changes. We have determined that these
minor changes:
Are consistent with the intent that was proposed in the
NPRM (79 FR 10433, February 25, 2014) for correcting the unsafe
condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM (79 FR 10433, February 25, 2014).
We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.
Costs of Compliance
We estimate that this AD affects 1 airplane of U.S. registry.
We also estimate that it will take about 1 work-hour per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Required parts will cost $0 per product. Based on
these figures, we estimate the cost of this AD on U.S. operators to be
$85, or $85 per product.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
For the reasons discussed above, I certify that this AD:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
3. Will not affect intrastate aviation in Alaska; and
4. 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.
Examining the AD Docket
You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0056; or in person at the
Docket Management Facility 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.
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
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 adding the following new airworthiness
directive (AD):
2014-15-04 Saab AB, Saab Aerosystems: Amendment 39-17906. Docket No.
FAA-2014-0056; Directorate Identifier 2013-NM-160-AD.
(a) Effective Date
This AD becomes effective September 9, 2014.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Saab AB, Saab Aerosystems Model SAAB 2000
airplanes, certificated in any category, serial numbers 004 through
016 inclusive, 018, 022, 023, 024, 026, 029, 031, 032, 033, 035
through 039 inclusive, 041 through 044 inclusive, 046, 047, 048,
051, and 053 through 063 inclusive.
(d) Subject
Air Transport Association (ATA) of America Code 38, Water/Waste.
(e) Reason
This AD was prompted by a report of rudder pedal restriction
which was the result of water leakage at the inlet tubing for an in-
line heater in the lower part of the forward fuselage. We are
issuing this AD to prevent rudder pedal restriction due to the pitch
control mechanism becoming frozen as the result of water spray,
which could prevent disconnection and normal pitch control, and
consequently result in reduced controllability of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Deactivation of Potable Water System
Within 30 days after the effective date of this AD, deactivate
the potable water system, in accordance with the Accomplishment
Instructions of Saab Service Bulletin 2000-38-010, dated July 12,
2013.
(h) Alternative to Deactivation of Potable Water System
As an alternative, or subsequent, to the action required by
paragraph (g) of this AD, during each filling of the potable water
system after the effective date of this AD, accomplish the temporary
filling procedure, in accordance with the instructions in Saab
Service Newsletter SN 2000-1304, Revision 01, dated September 10,
2013, including Attachment 1 Engineering Statement to Operator
2000PBS034334, Issue A, dated September 9, 2013.
(i) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager, ANM-
116, International Branch, Transport Airplane Directorate, FAA, has
the authority to approve AMOCs for this AD, if requested
[[Page 45340]]
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the International Branch, send it to ATTN:
Shahram Daneshmandi, Aerospace Engineer, International Branch, ANM-
116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW.,
Renton, WA 98057-3356; telephone 425-227-1112; fax 425-227-1149.
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
local flight standards district office/certificate holding district
office. The AMOC approval letter must specifically reference this
AD.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA; or the
European Aviation Safety Agency (EASA); or Saab AB, Saab
Aerosystems' EASA Design Organization Approval (DOA). If approved by
the DOA, the approval must include the DOA-authorized signature.
(j) Related Information
Refer to Mandatory Continuing Airworthiness Information (MCAI)
European Aviation Safety Agency Airworthiness Directive 2013-0172R1,
dated September 6, 2013, for related information. This MCAI may be
found in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0056-0002.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
(i) Saab Service Bulletin 2000-38-010, dated July 12, 2013.
(ii) Saab Service Newsletter SN 2000-1304, Revision 01, dated
September 10, 2013, including Attachment 1 Engineering Statement to
Operator 2000PBS034334 Issue A, dated September 9, 2013.
(3) For service information identified in this AD, contact Saab
AB, Saab Aerosystems, SE-581 88, Link[ouml]ping, Sweden; telephone
+46 13 18 5591; fax +46 13 18 4874; email
[email protected]; Internet http://www.saabgroup.com.
(4) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
(5) You may view this 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/cfr/ibr-locations.html.
Issued in Renton, Washington, on July 13, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-17315 Filed 8-4-14; 8:45 am]
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