81 FR 41432 - Airworthiness Directives; Saab AB, Saab Aeronautics (Type Certificate Previously Held by Saab AB, Saab Aerosystems) Airplanes

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 81, Issue 123 (June 27, 2016)

Page Range		41432-41435
FR Document		2016-14871
We are adopting a new airworthiness directive (AD) for certain Saab AB, Saab Aeronautics Model 340A (SAAB/SF340A) and SAAB 340B airplanes. This AD was prompted by reports of ruptured horizontal stabilizer de-icing boots. This AD requires a revision of the applicable airplane flight manual (AFM), repetitive inspections of the horizontal stabilizer de-icing boots, and applicable corrective actions. We are issuing this AD to detect and correct damage of the de- icing boot; such damage could lead to a ruptured boot, severe vibrations, and possible reduced control of the airplane.
Federal Register, Volume 81 Issue 123 (Monday, June 27, 2016)
[Federal Register Volume 81, Number 123 (Monday, June 27, 2016)]
[Rules and Regulations]
[Pages 41432-41435]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-14871]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-8432; Directorate Identifier 2015-NM-100-AD; 
Amendment 39-18570; AD 2016-13-06]
RIN 2120-AA64


Airworthiness Directives; Saab AB, Saab Aeronautics (Type 
Certificate Previously Held by Saab AB, Saab Aerosystems) Airplanes

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

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Saab AB, Saab Aeronautics Model 340A (SAAB/SF340A) and SAAB 340B 
airplanes. This AD was prompted by reports of ruptured horizontal 
stabilizer de-icing boots. This AD requires a revision of the 
applicable airplane flight manual (AFM), repetitive inspections of the 
horizontal stabilizer de-icing boots, and applicable corrective 
actions. We are issuing this AD to detect and correct damage of the de-
icing boot; such damage could lead to a ruptured boot, severe 
vibrations, and possible reduced control of the airplane.

DATES: This AD is effective August 1, 2016.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of August 1, 
2016.

ADDRESSES: For service information identified in this final rule, 
contact Saab AB, Saab Aeronautics, 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. It 
is also available on the Internet at http://www.regulations.gov by 
searching for and locating Docket No. FAA-2015-8432.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
8432; 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 Office (telephone 
800-647-5527) is 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 20590.

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 
Aeronautics Model 340A (SAAB/SF340A) and SAAB 340B airplanes. The

[[Page 41433]]

NPRM published in the Federal Register on January 13, 2016 (81 FR 1588) 
(``the NPRM''). The NPRM was prompted by reports of ruptured horizontal 
stabilizer de-icing boots. The NPRM proposed to require a revision of 
the applicable AFM, repetitive inspections of the horizontal stabilizer 
de-icing boots, and applicable corrective actions. We are issuing this 
AD to detect and correct damage of the de-icing boot; such damage could 
lead to a ruptured boot, severe vibrations, and possible reduced 
control of the airplane.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for Member States of the European Union, has issued EASA 
Airworthiness Directive 2015-0129, dated July 6, 2015 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for certain Saab AB, Saab 
Aeronautics Model 340A (SAAB/SF340A) and SAAB 340B airplanes. The MCAI 
states:

    There have been some reported events of ruptured horizontal 
stabilizer de-icing boots. In-flight rupture of a de-icing boot will 
result in complete loss of the de-icing function within its 
associated zone. In addition, in some of these events, the de-icing 
boot had formed a large open scoop.
    This condition, if not detected and corrected, could lead to 
severe vibrations, possibly resulting in reduced control of the 
aeroplane.
    To address this potential unsafe condition, SAAB issued Alert 
Operations Bulletin (AOB) No. 12 and AOB No. 23 as a temporary 
measure, recommending performing a flap 0 landing in the event of a 
suspected rupture of the de-icing boot on the horizontal stabilizer.
    In addition, SAAB issued SB 340-30-094 to provide instructions 
to inspect the affected de-icing boots.
    For the reasons described above, this [EASA] AD requires an 
amendment of the applicable Airplane Flight Manual (AFM) and, 
pending the development of a modification by SAAB, repetitive 
inspections of the horizontal stabilizer de-icing boots and, 
depending on findings, accomplishment of applicable corrective 
action(s).
    This [EASA] AD is considered to be an interim action and further 
AD action may follow.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
8432.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the NPRM and 
the FAA's response to each comment.

Request To Revise Paragraph (g) To Allow Later Approved Revisions of 
AFMs

    Saab AB, Saab Aeronautics requested that we revise paragraph (g) of 
the proposed AD to state that the use of later-approved revisions of 
the applicable AFMs is also acceptable for compliance with the proposed 
AD.
    We do not agree. When referring to specific service information in 
an AD, using the phrase, ``or later FAA-approved revisions,'' violates 
Office of the Federal Register regulations for approving materials that 
are incorporated by reference. However, affected operators may request 
approval to use a later revision of the referenced service information 
as an alternative method of compliance, under the provisions of 
paragraph (i)(1) of this AD. We have not changed this AD in this 
regard.

Request To Expand Description of Inspection

    Saab AB, Saab Aeronautics also requested that we revise paragraph 
(h) of the proposed AD to explain that the inspection is not only for 
damage, but also for existing repairs. The commenter stated that the 
inspection of existing repairs is described in Saab Service Bulletin 
340-30-094, dated March 27, 2015, but missing from paragraph (h) of the 
proposed AD.
    We agree with the request. The referenced service information 
specifies inspecting for damage of the de-icing boots, and a sub-step 
specifies to ``make sure that already made repairs are within specified 
limits.'' That action was not specifically stated in the proposed AD. 
We have clarified the requirement by changing paragraph (h) of this AD 
to ensure that de-icing boots as well as existing repairs are within 
specified limits.

Request To Change the Repetitive Inspection Interval to 600 Flight 
Hours

    PenAir requested a change to the repetitive inspection interval. 
The commenter requested that the repetitive inspection interval be 
increased from the proposed 400-flight-hour interval to a 600-flight-
hour interval. The commenter also stated that in the event that a 600-
flight-hour interval is determined to be unsuitable, then a 450-flight-
hour interval should be used. The commenter stated that this change 
would align with scheduled E-check inspections, alleviate the undue 
burden of creating maintenance outside of scheduled computerized 
aircraft maintenance program inspections, and maintain safe operation 
of the airplane.
    We do not agree with the commenter's request to extend the 
compliance time. We have determined that the compliance time, as 
proposed, represents the maximum interval of time allowable for the 
affected airplanes to continue to operate safely before the next 
inspection is required. In addition, since maintenance schedules vary 
among operators, there would be no assurance that a different interval 
would satisfy all operators' schedules. However, under the provisions 
of paragraph (i)(1) of this AD, we will consider requests for approval 
of an extension of the compliance time if sufficient data are submitted 
to substantiate that the new compliance time would provide an 
acceptable level of safety. We have not changed this AD in this regard.

Conclusion

    We reviewed the relevant data, considered the comments received, 
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 for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    We reviewed Saab Service Bulletin 340-30-094, dated March 27, 2015. 
The service information describes procedures for repetitive detailed 
inspections of the de-icing boots installed on the horizontal 
stabilizers, and repair and replacement of damaged de-icing boots.
    We also reviewed the following AFMs, which describe performance 
limitations and general data:
     Saab AFM 340A 001, Revision 57, dated March 27, 2015.
     Saab AFM 340B 001, Revision 35, dated March 27, 2015.
     Saab AFM 340B 010, Revision 28, dated March 27, 2015.
    This service information 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.

Costs of Compliance

    We estimate that this AD affects 92 airplanes of U.S. registry.

[[Page 41434]]

    We also estimate that it will take about 6 work-hours per product 
to comply with the basic requirements of this AD. The average labor 
rate is $85 per work-hour. Required parts will cost about $0 per 
product. Based on these figures, we estimate the cost of this AD on 
U.S. operators to be $46,920, or $510 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 6 work-hours and require parts costing $9,500, for a cost of 
$10,010 per product. We have no way of determining the number of 
aircraft that might need these actions.

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.

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):

2016-13-06 Saab AB, Saab Aeronautics (Type Certificate Previously 
Held by Saab AB, Saab Aerosystems): Amendment 39-18570. Docket No. 
FAA-2015-8432; Directorate Identifier 2015-NM-100-AD.

(a) Effective Date

    This AD is effective August 1, 2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Saab AB, Saab Aeronautics (Type Certificate 
Previously Held by Saab AB, Saab Aerosystems) airplanes, 
certificated in any category, identified in paragraphs (c)(1) and 
(c)(2) of this AD.
    (1) Saab AB, Saab Aeronautics Model 340A (SAAB/SF340A) 
airplanes, serial numbers (S/Ns) 004 through 138 inclusive, on which 
Saab Modification 1462 has been embodied in production, or Saab 
Service Bulletin 340-55-008 has been embodied in service, except 
those on which Saab Modification 1793 has also been embodied in 
production, or Saab Service Bulletin 340-55-010 has been embodied in 
service; and Saab AB, Saab Aeronautics Model 340A (SAAB/SF340A) 
airplanes, S/Ns 139 through 159 inclusive. Applicable Saab AB, Saab 
Aeronautics Model 340A (SAAB/SF340A) airplanes S/N 004-138, Post 
Modification No. 1462 but Pre Modification No. 1793, have a maximum 
flap setting of 35 degrees instead of 20 degrees, and horizontal 
stabilizer boots with spanwise tubes instead of chordwise tubes.
    (2) Saab AB, Saab Aeronautics Model SAAB 340B airplanes, S/Ns 
160 through 459 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 30, Ice and Rain 
Protection.

(e) Reason

    This AD was prompted by reports of ruptured horizontal 
stabilizer de-icing boots. We are issuing this AD to detect and 
correct damage of the de-icing boot; such damage could lead to a 
ruptured boot, severe vibrations, and possible reduced control of 
the airplane.

(f) Compliance

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

(g) Revision of the Airplane Flight Manual (AFM)

    Within 30 days after the effective date of this AD, revise the 
``Abnormal Procedures'' section of the applicable Saab 340 AFM to 
incorporate the revision specified in paragraphs (g)(1) through 
(g)(3) of this AD.
    (1) For Saab AB, Saab Aeronautics Model 340A (SAAB/SF340A) 
airplanes, revise AFM 340A 001 by incorporating Revision 57, dated 
March 27, 2015.
    (2) For Saab AB, Saab Aeronautics Model SAAB 340B airplanes, 
revise AFM 340B 001 by incorporating Revision 35, dated March 27, 
2015.
    (3) For Saab AB, Saab Aeronautics Model SAAB 340B airplanes with 
extended wing tips, revise AFM 340B 010 by incorporating Revision 
28, dated March 27, 2015.

(h) Inspection/Replacement

    Within 400 flight hours or 6 months, whichever occurs first 
after the effective date of this AD, do a detailed inspection for 
damage of the horizontal stabilizer de-icing boots, and existing 
repairs of horizontal stabilizer de-icing boots, in accordance with 
the Accomplishment Instructions of Saab Service Bulletin 340-30-094, 
dated March 27, 2015. Repeat the inspection thereafter at intervals 
not to exceed 400 flight hours. If, during any inspection required 
by this paragraph, any damage or existing repair outside the limits 
specified in Saab Service Bulletin 340-30-094, dated March 27, 2015, 
is found, before further flight, repair or replace the horizontal 
stabilizer de-icing boots, in accordance with the Accomplishment 
Instructions of Saab Service Bulletin 340-30-094, dated March 27, 
2015. Repair or replacement on an airplane of the horizontal 
stabilizer de-icing boots, as required by this paragraph, does not 
constitute terminating action for the repetitive inspections 
required by this paragraph for that airplane.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
has the authority to approve AMOCs for this AD, if requested using 
the procedures found in 14 CFR 39.19. 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

[[Page 41435]]

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 
Aeronautics' 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) 
EASA Airworthiness Directive 2015-0129, dated July 6, 2015, for 
related information. This MCAI may be found in the AD docket on the 
Internet at http://www.regulations.gov by searching for and locating 
Docket No. FAA-2015-8432.

(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 340-30-094, dated March 27, 2015.
    (ii) Saab AFM 340A 001, Revision 57, dated March 27, 2015.
    (iii) Saab AFM 340B 001, Revision 35, dated March 27, 2015.
    (iv) Saab AFM 340B 010, Revision 28, dated March 27, 2015.
    (3) For service information identified in this AD, contact Saab 
AB, Saab Aeronautics, 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 June 13, 2016.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-14871 Filed 6-24-16; 8:45 am]
 BILLING CODE 4910-13-P
41432 Federal Register / Vol. 81, No. 123 / Monday, June 27, 2016 / Rules and Regulations

(h) Repair Avenue SW., Renton, WA 98057–3356; revision of the applicable airplane flight
If any crack is found during any inspection phone: 425–917–6447; fax: 425–917–6590; manual (AFM), repetitive inspections of
required by this AD, and Boeing Alert email: wayne.lockett@faa.gov. the horizontal stabilizer de-icing boots,
Service Bulletin 767–53A0266, dated April (l) Material Incorporated by Reference and applicable corrective actions. We
20, 2015, specifies to contact Boeing for are issuing this AD to detect and correct
repair instructions: Before further flight, (1) The Director of the Federal Register
approved the incorporation by reference damage of the de-icing boot; such
repair the crack in accordance with the
procedures specified in paragraph (j) of this (IBR) of the service information listed in this damage could lead to a ruptured boot,
AD. Accomplishing a reinforcing repair paragraph under 5 U.S.C. 552(a) and 1 CFR severe vibrations, and possible reduced
terminates the inspections required by part 51. control of the airplane.
paragraph (g) of this AD in the area under the (2) You must use this service information DATES: This AD is effective August 1,
repair only. as applicable to do the actions required by
2016.
this AD, unless the AD specifies otherwise.
(i) Exceptions to the Service Information (i) Boeing Alert Service Bulletin 767–
The Director of the Federal Register
53A0266, dated April 20, 2015. approved the incorporation by reference
Where Boeing Alert Service Bulletin 767–
53A0266, dated April 20, 2015, specifies a (ii) Reserved. of certain publications listed in this AD
compliance time ‘‘after the original issue date (3) For service information identified in as of August 1, 2016.
of this service bulletin,’’ this AD requires this AD, contact Boeing Commercial ADDRESSES: For service information
compliance within the specified time after Airplanes, Attention: Data & Services identified in this final rule, contact Saab
the effective date of this AD. Management, P.O. Box 3707, MC 2H–65, AB, Saab Aeronautics, SE–581 88,
Seattle, WA 98124–2207; telephone 206–
(j) Alternative Methods of Compliance Linköping, Sweden; telephone +46 13
544–5000, extension 1; fax 206–766–5680;
(AMOCs) Internet https://www.myboeingfleet.com. 18 5591; fax +46 13 18 4874; email
(1) The Manager, Seattle Aircraft (4) You may view this service information saab340techsupport@saabgroup.com;
Certification Office (ACO), FAA, has the at the FAA, Transport Airplane Directorate, Internet http://www.saabgroup.com.
authority to approve AMOCs for this AD, if 1601 Lind Avenue SW., Renton, WA. For You may view this referenced service
requested using the procedures found in 14 information on the availability of this information at the FAA, Transport
CFR 39.19. In accordance with 14 CFR 39.19, material at the FAA, call 425–227–1221. Airplane Directorate, 1601 Lind Avenue
send your request to your principal inspector (5) You may view this service information SW., Renton, WA. For information on
or local Flight Standards District Office, as that is incorporated by reference at the the availability of this material at the
appropriate. If sending information directly National Archives and Records
FAA, call 425–227–1221. It is also
to the manager of the ACO, send it to the Administration (NARA). For information on
attention of the person identified in the availability of this material at NARA, call available on the Internet at http://
paragraph (k) of this AD. Information may be 202–741–6030, or go to: http:// www.regulations.gov by searching for
emailed to: 9-ANM-Seattle-ACO-AMOC- www.archives.gov/federal-register/cfr/ibr- and locating Docket No. FAA–2015–
Requests@faa.gov. locations.html. 8432.
(2) Before using any approved AMOC,
Issued in Renton, Washington, on June 14, Examining the AD Docket
notify your appropriate principal inspector,
2016.
or lacking a principal inspector, the manager You may examine the AD docket on
of the local flight standards district office/ Dionne Palermo,
the Internet at http://
certificate holding district office. Acting Manager, Transport Airplane www.regulations.gov by searching for
(3) An AMOC that provides an acceptable Directorate, Aircraft Certification Service.
and locating Docket No. FAA–2015–
level of safety may be used for any repair [FR Doc. 2016–14752 Filed 6–24–16; 8:45 am]
required by this AD if it is approved by the
8432; or in person at the Docket
BILLING CODE 4910–13–P Management Facility between 9 a.m.
Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has and 5 p.m., Monday through Friday,
been authorized by the Manager, Seattle except Federal holidays. The AD docket
DEPARTMENT OF TRANSPORTATION contains this AD, the regulatory
ACO, to make those findings. For a repair
method to be approved, the repair must meet
Federal Aviation Administration evaluation, any comments received, and
the certification basis of the airplane, and the other information. The street address for
approval must specifically refer to this AD. the Docket Office (telephone 800–647–
(4) Except as required by paragraph (h) of 14 CFR Part 39
5527) is Docket Management Facility,
this AD: For service information that [Docket No. FAA–2015–8432; Directorate
contains steps that are labeled as Required
U.S. Department of Transportation,
Identifier 2015–NM–100–AD; Amendment Docket Operations, M–30, West
for Compliance (RC), the provisions of 39–18570; AD 2016–13–06]
paragraphs (j)(4)(i) and (j)(4)(ii) apply. Building Ground Floor, Room W12–140,
(i) The steps labeled as RC, including RIN 2120–AA64 1200 New Jersey Avenue SE.,
substeps under an RC step and any figures Washington, DC 20590.
identified in an RC step, must be done to Airworthiness Directives; Saab AB, FOR FURTHER INFORMATION CONTACT:
comply with the AD. An AMOC is required Saab Aeronautics (Type Certificate Shahram Daneshmandi, Aerospace
for any deviations to RC steps, including Previously Held by Saab AB, Saab Engineer, International Branch, ANM–
substeps and identified figures. Aerosystems) Airplanes
(ii) Steps not labeled as RC may be 116, Transport Airplane Directorate,
deviated from using accepted methods in AGENCY: Federal Aviation FAA, 1601 Lind Avenue SW., Renton,
accordance with the operator’s maintenance Administration (FAA), Department of WA 98057–3356; telephone (425) 227–
or inspection program without obtaining Transportation (DOT). 1112; fax (425) 227–1149.
approval of an AMOC, provided the RC steps, ACTION: Final rule. SUPPLEMENTARY INFORMATION:
including substeps and identified figures, can
still be done as specified, and the airplane SUMMARY: We are adopting a new Discussion
Lhorne on DSK30JT082PROD with RULES

can be put back in an airworthy condition. airworthiness directive (AD) for certain We issued a notice of proposed
(k) Related Information Saab AB, Saab Aeronautics Model 340A rulemaking (NPRM) to amend 14 CFR
For more information about this AD, (SAAB/SF340A) and SAAB 340B part 39 by adding an AD that would
contact Wayne Lockett, Aerospace Engineer, airplanes. This AD was prompted by apply to certain Saab AB, Saab
Airframe Branch, ANM–120S, FAA, Seattle reports of ruptured horizontal stabilizer Aeronautics Model 340A (SAAB/
Aircraft Certification Office (ACO), 1601 Lind de-icing boots. This AD requires a SF340A) and SAAB 340B airplanes. The

VerDate Sep<11>2014 15:06 Jun 24, 2016 Jkt 238001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\27JNR1.SGM 27JNR1
41434 Federal Register / Vol. 81, No. 123 / Monday, June 27, 2016 / Rules and Regulations

We also estimate that it will take List of Subjects in 14 CFR Part 39 could lead to a ruptured boot, severe
about 6 work-hours per product to vibrations, and possible reduced control of
Air transportation, Aircraft, Aviation the airplane.
comply with the basic requirements of safety, Incorporation by reference,
this AD. The average labor rate is $85 Safety. (f) Compliance
per work-hour. Required parts will cost Comply with this AD within the
about $0 per product. Based on these Adoption of the Amendment compliance times specified, unless already
figures, we estimate the cost of this AD Accordingly, under the authority done.
on U.S. operators to be $46,920, or $510 delegated to me by the Administrator, (g) Revision of the Airplane Flight Manual
per product. the FAA amends 14 CFR part 39 as (AFM)
In addition, we estimate that any follows: Within 30 days after the effective date of
necessary follow-on actions would take this AD, revise the ‘‘Abnormal Procedures’’
about 6 work-hours and require parts PART 39—AIRWORTHINESS section of the applicable Saab 340 AFM to
costing $9,500, for a cost of $10,010 per DIRECTIVES incorporate the revision specified in
product. We have no way of paragraphs (g)(1) through (g)(3) of this AD.
■ 1. The authority citation for part 39 (1) For Saab AB, Saab Aeronautics Model
determining the number of aircraft that continues to read as follows: 340A (SAAB/SF340A) airplanes, revise AFM
might need these actions.
Authority: 49 U.S.C. 106(g), 40113, 44701. 340A 001 by incorporating Revision 57,
Authority for This Rulemaking dated March 27, 2015.
§ 39.13 [Amended] (2) For Saab AB, Saab Aeronautics Model
Title 49 of the United States Code ■ 2. The FAA amends § 39.13 by adding SAAB 340B airplanes, revise AFM 340B 001
specifies the FAA’s authority to issue the following new airworthiness by incorporating Revision 35, dated March
rules on aviation safety. Subtitle I, 27, 2015.
directive (AD): (3) For Saab AB, Saab Aeronautics Model
section 106, describes the authority of
2016–13–06 Saab AB, Saab Aeronautics SAAB 340B airplanes with extended wing
the FAA Administrator. ‘‘Subtitle VII: (Type Certificate Previously Held by tips, revise AFM 340B 010 by incorporating
Aviation Programs,’’ describes in more Saab AB, Saab Aerosystems): Revision 28, dated March 27, 2015.
detail the scope of the Agency’s Amendment 39–18570. Docket No.
authority. FAA–2015–8432; Directorate Identifier (h) Inspection/Replacement
We are issuing this rulemaking under 2015–NM–100–AD. Within 400 flight hours or 6 months,
whichever occurs first after the effective date
the authority described in ‘‘Subtitle VII, (a) Effective Date of this AD, do a detailed inspection for
Part A, Subpart III, Section 44701: This AD is effective August 1, 2016. damage of the horizontal stabilizer de-icing
General requirements.’’ Under that boots, and existing repairs of horizontal
section, Congress charges the FAA with (b) Affected ADs
stabilizer de-icing boots, in accordance with
promoting safe flight of civil aircraft in None. the Accomplishment Instructions of Saab
air commerce by prescribing regulations (c) Applicability Service Bulletin 340–30–094, dated March
for practices, methods, and procedures 27, 2015. Repeat the inspection thereafter at
This AD applies to Saab AB, Saab intervals not to exceed 400 flight hours. If,
the Administrator finds necessary for Aeronautics (Type Certificate Previously during any inspection required by this
safety in air commerce. This regulation Held by Saab AB, Saab Aerosystems) paragraph, any damage or existing repair
is within the scope of that authority airplanes, certificated in any category, outside the limits specified in Saab Service
because it addresses an unsafe condition identified in paragraphs (c)(1) and (c)(2) of Bulletin 340–30–094, dated March 27, 2015,
that is likely to exist or develop on this AD. is found, before further flight, repair or
products identified in this rulemaking (1) Saab AB, Saab Aeronautics Model 340A replace the horizontal stabilizer de-icing
action. (SAAB/SF340A) airplanes, serial numbers boots, in accordance with the
(S/Ns) 004 through 138 inclusive, on which Accomplishment Instructions of Saab Service
Regulatory Findings Saab Modification 1462 has been embodied Bulletin 340–30–094, dated March 27, 2015.
in production, or Saab Service Bulletin 340– Repair or replacement on an airplane of the
We determined that this AD will not 55–008 has been embodied in service, except horizontal stabilizer de-icing boots, as
have federalism implications under those on which Saab Modification 1793 has required by this paragraph, does not
Executive Order 13132. This AD will also been embodied in production, or Saab constitute terminating action for the
not have a substantial direct effect on Service Bulletin 340–55–010 has been repetitive inspections required by this
the States, on the relationship between embodied in service; and Saab AB, Saab paragraph for that airplane.
the national government and the States, Aeronautics Model 340A (SAAB/SF340A)
airplanes, S/Ns 139 through 159 inclusive. (i) Other FAA AD Provisions
or on the distribution of power and Applicable Saab AB, Saab Aeronautics Model The following provisions also apply to this
responsibilities among the various 340A (SAAB/SF340A) airplanes S/N 004– AD:
levels of government. 138, Post Modification No. 1462 but Pre (1) Alternative Methods of Compliance
For the reasons discussed above, I Modification No. 1793, have a maximum flap (AMOCs): The Manager, International
certify that this AD: setting of 35 degrees instead of 20 degrees, Branch, ANM–116, Transport Airplane
and horizontal stabilizer boots with spanwise Directorate, FAA, has the authority to
1. Is not a ‘‘significant regulatory tubes instead of chordwise tubes. approve AMOCs for this AD, if requested
action’’ under Executive Order 12866; (2) Saab AB, Saab Aeronautics Model using the procedures found in 14 CFR 39.19.
2. Is not a ‘‘significant rule’’ under the SAAB 340B airplanes, S/Ns 160 through 459 In accordance with 14 CFR 39.19, send your
inclusive. request to your principal inspector or local
DOT Regulatory Policies and Procedures
Flight Standards District Office, as
(44 FR 11034, February 26, 1979); (d) Subject appropriate. If sending information directly
3. Will not affect intrastate aviation in Air Transport Association (ATA) of to the International Branch, send it to ATTN:
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Alaska; and America Code 30, Ice and Rain Protection. Shahram Daneshmandi, Aerospace Engineer,
International Branch, ANM–116, Transport
4. Will not have a significant (e) Reason Airplane Directorate, FAA, 1601 Lind
economic impact, positive or negative, This AD was prompted by reports of Avenue SW., Renton, WA 98057–3356;
on a substantial number of small entities ruptured horizontal stabilizer de-icing boots. telephone 425–227–1112; fax 425–227–1149.
under the criteria of the Regulatory We are issuing this AD to detect and correct Information may be emailed to: 9-ANM-116-
Flexibility Act. damage of the de-icing boot; such damage AMOC-REQUESTS@faa.gov. Before using

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Federal Register / Vol. 81, No. 123 / Monday, June 27, 2016 / Rules and Regulations 41435

any approved AMOC, notify your appropriate COMMODITY FUTURES TRADING improve the effectiveness of civil
principal inspector, or lacking a principal COMMISSION monetary penalties and to maintain
inspector, the manager of the local flight their deterrent effect. The 2015 Act
standards district office/certificate holding 17 CFR Part 143 requires agencies to: (1) Adjust the level
district office. The AMOC approval letter of civil monetary penalties with an
must specifically reference this AD. RIN 3038–AE45
initial ‘‘catch-up’’ adjustment through
(2) Contacting the Manufacturer: For any an interim final rulemaking; and (2)
requirement in this AD to obtain corrective Adjustment of Civil Monetary Penalties
for Inflation make subsequent annual adjustments
actions from a manufacturer, the action must
for inflation.4 Agencies are required to
be accomplished using a method approved AGENCY: Commodity Futures Trading publish interim final rules with the
by the Manager, International Branch, ANM–
Commission. initial penalty adjustment amounts by
116, Transport Airplane Directorate, FAA; or
the European Aviation Safety Agency ACTION: Interim final rule. July 1, 2016, and the new penalty levels
(EASA); or Saab AB, Saab Aeronautics’ EASA must take effect no later than August 1,
Design Organization Approval (DOA). If
SUMMARY: The Commodity Futures 2016.5
approved by the DOA, the approval must Trading Commission (Commission) is
amending its rule that governs the II. Commodity Exchange Act Civil
include the DOA-authorized signature. Monetary Penalties
maximum amount of civil monetary
(j) Related Information penalties, to adjust for inflation. This The inflation adjustment requirement
Refer to Mandatory Continuing rule sets forth the maximum, inflation- applies to any penalty, fine or other
Airworthiness Information (MCAI) EASA adjusted dollar amount for civil sanction that (A) is for a specific
Airworthiness Directive 2015–0129, dated monetary penalties (CMPs) assessable monetary amount as provided by
July 6, 2015, for related information. This for violations of the Commodity Federal law or has a maximum amount
MCAI may be found in the AD docket on the Exchange Act (CEA) and Commission provided for by Federal law; (B) is
Internet at http://www.regulations.gov by rules, regulations and orders assessed or enforced by an agency
searching for and locating Docket No. FAA– thereunder. The rule, as amended, pursuant to Federal law; and (C) is
2015–8432. implements the Federal Civil Penalties assessed or enforced pursuant to an
(k) Material Incorporated by Reference Inflation Adjustment Act of 1990, as administrative proceeding or a civil
amended. action in the Federal courts. 28 U.S.C.
(1) The Director of the Federal Register
2461 note. The CEA provides for CMPs
approved the incorporation by reference DATES: Effective Date: This interim final that meet the above definition and are,
(IBR) of the service information listed in this rule is effective August 1, 2016. therefore, subject to the inflation
paragraph under 5 U.S.C. 552(a) and 1 CFR FOR FURTHER INFORMATION CONTACT:
part 51.
adjustment in the following instances:
Edward J. Riccobene, Associate Chief Sections 6(c), 6(d), 6b, and 6c of the
(2) You must use this service information
Counsel, Division of Enforcement, at CEA.6
as applicable to do the actions required by
this AD, unless this AD specifies otherwise.
(202) 418–5327 or ericcobene@cftc.gov, Section 6(c) of the CEA,7 as adjusted
(i) Saab Service Bulletin 340–30–094, Commodity Futures Trading by the FCPIAA,8 currently sets the
dated March 27, 2015. Commission, 1155 21st Street NW., maximum CMP that may be imposed by
(ii) Saab AFM 340A 001, Revision 57, Washington, DC 20581. the Commission in an administrative
dated March 27, 2015. SUPPLEMENTARY INFORMATION: proceeding on ‘‘any person (other than
(iii) Saab AFM 340B 001, Revision 35, a registered entity)’’ for: (1) Each
dated March 27, 2015.
I. Background violation of Section 6(c) of the CEA or
(iv) Saab AFM 340B 010, Revision 28, The Federal Civil Penalties Inflation any other provisions of the Act or of the
dated March 27, 2015. Adjustment Act of 1990 (FCPIAA) 1 rules, regulations, or orders of the
(3) For service information identified in requires the head of each Federal agency Commission thereunder to the greater of
this AD, contact Saab AB, Saab Aeronautics, to periodically adjust for inflation the $140,000 or triple the monetary gain to
SE–581 88, Linköping, Sweden; telephone minimum and maximum amount of the violator; and (2) any manipulation
+46 13 18 5591; fax +46 13 18 4874; email CMPs provided by law within the or attempted manipulation in violation
saab340techsupport@saabgroup.com; jurisdiction of that agency.2 On of Section 6(c) or 9(a)(2) of the CEA to
Internet http://www.saabgroup.com. November 2, 2015, the President signed the greater of $1,000,000 or triple the
(4) You may view this service information monetary gain to the violator.
into law the Federal Civil Penalties
at the FAA, Transport Airplane Directorate, Section 6(d) of the CEA,9 as adjusted
Inflation Adjustment Act Improvements
1601 Lind Avenue SW., Renton, WA. For by the FCPIAA,10 currently sets the
information on the availability of this
Act of 2015 (the 2015 Act),3 which
further amended the FCPIAA to maximum CMP that may be imposed by
material at the FAA, call 425–227–1221. the Commission in an administrative
(5) You may view this service information
1 The FCPIAA, Public Law 101–410 (1990), as proceeding on ‘‘any person (other than
that is incorporated by reference at the
amended, is codified at 28 U.S.C. 2461 note. The a registered entity)’’ 11 for violations of
National Archives and Records FCPIAA states that the purpose of the act is to
Administration (NARA). For information on establish a mechanism that (1) allows for regular 4 Id., Section 701(b). Rule 143.8(b) is amended to
the availability of this material at NARA, call adjustment for inflation of civil monetary penalties; reflect the change to annual adjustments from ‘‘once
202–741–6030, or go to: http:// (2) maintains the deterrent effect of civil monetary every four years.’’
www.archives.gov/federal-register/cfr/ibr- penalties and promote compliance with the law; 5 2015 Act, Section 701(b).
and (3) improves the collection by the Federal
locations.html. Government of civil monetary penalties.
6 7 U.S.C. 9, 13a, 13a–1, 13b.
7 7 U.S.C. 9.
2 For the relevant CMPs within the Commission’s
Issued in Renton, Washington, on June 13, 8 See 17 CFR 143.8(a)(1).
jurisdiction, the Act provides only for maximum
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2016. 9 7 U.S.C. 13b.
amounts that can be assessed for each violation of
Dionne Palermo, the Act or the rules, regulations and orders 10 See 17 CFR 143.8(a)(2).

Acting Manager, Transport Airplane promulgated thereunder; the Act does not set forth 11 The term ‘‘registered entity’’ is a defined term

Directorate, Aircraft Certification Service. any minimum penalties. Therefore, the remainder under the CEA. Section 1a(40) provides that the
of this release will refer only to CMP maximums. term ‘‘registered entity’’ means (A) a board of trade
[FR Doc. 2016–14871 Filed 6–24–16; 8:45 am] 3 See 2015 Act, Public Law 114–74, 129 Stat. 584 designated as a contract market under section 7 of
BILLING CODE 4910–13–P (2015), title VII, Section 701. Continued

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Document Created: 2016-06-25 02:07:02
Document Modified: 2016-06-25 02:07:02
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This AD is effective August 1, 2016.
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.
FR Citation		81 FR 41432
RIN Number		2120-AA64
CFR Associated		Air Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety
81 FR 41432 - Airworthiness Directives; Saab AB, Saab Aeronautics (Type Certificate Previously Held by Saab AB, Saab Aerosystems) Airplanes

DEPARTMENT OF TRANSPORTATIONFederal Aviation Administration

Federal Register Volume 81, Issue 123 (June 27, 2016)

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
