Rule2024-08153
Airworthiness Directives; Saab AB, Support and Services (Formerly Known as Saab AB, Saab Aeronautics) Airplanes
Primary source
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Published
April 18, 2024
Effective
April 18, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is removing Airworthiness Directive (AD) 2023-13-07, which applied to certain Saab AB, Support and Services Model SAAB 340B airplanes. AD 2023-13-07 required amending the applicable airplane flight manual (AFM) by incorporating a temporary revision (TR) to reduce the maximum take-off weight (MTOW). The FAA issued AD 2023-13-07 to address the possibility of flight in an uncertified envelope, which could result in reduced structural capability and reduced controllability of the airplane. Since the FAA issued AD 2023-13-07, a determination was made that affected airplanes can be safely operated up to the initially published MTOW. Accordingly, AD 2023-13-07 is removed.
Full Text
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<title>Federal Register, Volume 89 Issue 76 (Thursday, April 18, 2024)</title>
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[Federal Register Volume 89, Number 76 (Thursday, April 18, 2024)]
[Rules and Regulations]
[Pages 27651-27652]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-08153]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 89 , No. 76 / Thursday, April 18, 2024 /
Rules and Regulations
[[Page 27651]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-0220; Project Identifier MCAI-2023-00760-T;
Amendment 39-22733; AD 2023-13-07R1]
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: Final rule; removal.
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SUMMARY: The FAA is removing Airworthiness Directive (AD) 2023-13-07,
which applied to certain Saab AB, Support and Services Model SAAB 340B
airplanes. AD 2023-13-07 required amending the applicable airplane
flight manual (AFM) by incorporating a temporary revision (TR) to
reduce the maximum take-off weight (MTOW). The FAA issued AD 2023-13-07
to address the possibility of flight in an uncertified envelope, which
could result in reduced structural capability and reduced
controllability of the airplane. Since the FAA issued AD 2023-13-07, a
determination was made that affected airplanes can be safely operated
up to the initially published MTOW. Accordingly, AD 2023-13-07 is
removed.
DATES: This AD becomes effective April 18, 2024.
ADDRESSES:
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2024-0220; 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 final rule, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.
Related Service Information:
<bullet> For EASA material, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#fdbcb98ebd989c8e9cd398888f928d9cd39888"><span class="__cf_email__" data-cfemail="96d7d2e5d6f3f7e5f7b8f3e3e4f9e6f7b8f3e3">[email protected]</span></a>; website easa.europa.eu. You may find this material
on the EASA website at ad.easa.europa.eu.
<bullet> 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.
FOR FURTHER INFORMATION CONTACT: Shahram Daneshmandi, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone 206-231-3220; email <a href="/cdn-cgi/l/email-protection#592a3138312b3834773d38373c2a313438373d30193f3838773e362f"><span class="__cf_email__" data-cfemail="512239303923303c7f35303f3422393c303f3538113730307f363e27">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by removing AD 2023-13-07, Amendment 39-22492 (88 FR 43052,
July 6, 2023) (AD 2023-13-07). AD 2023-13-07 applied to certain Saab
AB, Support and Services Model SAAB 340B airplane. The NPRM was
published in the Federal Register on February 9, 2024 (89 FR 9077). AD
2023-13-07 was prompted by AD 2023-0121, dated June 12, 2023 (EASA AD
2023-0121) (also referred to as the MCAI), issued by the European Union
Aviation Safety Agency (EASA), which is the Technical Agent for the
Member States of the European Union. The NPRM was prompted by EASA
issuing AD Cancellation Notice 2023-0121-CN, dated December 8, 2023
(EASA AD Cancellation Notice 2023-0121-CN), to cancel EASA AD 2023-
0121. EASA AD Cancellation Notice 2023-0121-CN states that since EASA
AD 2023-0121 was issued, Saab provided evidence that affected airplanes
can be safely operated up to the initially published MTOW of 30,000
pounds. The NPRM proposed to remove AD 2023-13-07. The FAA is issuing
this AD to remove AD 2023-13-07.
Discussion of Final Airworthiness Directive
Comments
The FAA received no comments on the NPRM or on the determination of
the cost to the public.
Justification for Immediate Adoption and Determination of the Effective
Date
Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than 30 days, upon
a finding of good cause.
Since the FAA issued AD 2023-13-07, Saab provided evidence
demonstrating that affected airplanes can be operated safely up to the
initially published MTOW of 30,000 pounds. Therefore, the FAA is
issuing this AD to remove AD 2023-13-07, and the FAA did not receive
any adverse comments or useful information about this AD from U.S.
operators that necessitates waiting 30 days for relief from this
requirement. Accordingly, the FAA finds that good cause exists pursuant
to 5 U.S.C. 553(d) for making this amendment effective in less than 30
days.
Conclusion
The FAA reviewed the relevant data and determined that air safety
requires adopting this AD as proposed. Except for minor editorial
changes, this AD is adopted as proposed in the NPRM. None of the
changes will increase the economic burden on any operator.
This AD removes all actions of AD 2023-13-07. Therefore, the
requirements of AD 2023-13-07 are terminated.
Related Costs of Compliance
This AD adds no costs. This AD removes AD 2023-13-07 from 14 CFR
part 39; therefore, operators are no longer required to show compliance
with that AD.
[[Page 27652]]
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.
Regulatory Findings
The FAA 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) Will not affect intrastate aviation in Alaska, and
(3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
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:
0
a. Removing Airworthiness Directive (AD) 2023-13-07, Amendment 39-22492
(88 FR 43052, July 6, 2023), and
0
b. Adding the following new AD:
2023-13-07R1 Saab AB, Support and Services (formerly known as Saab
AB, Saab Aeronautics): Amendment 39-22733; Docket No. FAA-2024-0220;
Project Identifier MCAI-2023-00760-T.
(a) Effective Date
This AD is effective April 18, 2024.
(b) Affected AD
This AD replaces AD 2023-13-07, Amendment 39-22492 (88 FR 43052,
July 6, 2023) (AD 2023-13-07).
(c) Applicability
This AD applies to Saab AB, Support and Services (formerly known
as Saab AB, Saab Aeronautics) Model SAAB 340B airplanes,
certificated in any category, as identified in European Union
Aviation Safety Agency (EASA) AD 2023-0121, dated June 13, 2023:
airplanes not having SAAB modification 2571 (extended wingtip
modification) embodied and having GE Aviation Systems LTD (Dowty
Propellers) installed.
(d) Subject
Air Transport Association (ATA) of America Code 51, Standard
practices/structures.
(e) Terminating Action
This AD terminates all requirements of AD 2023-13-07.
(f) Related Information
For more information about this AD, contact Shahram Daneshmandi,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 206-231-3220; email
<a href="/cdn-cgi/l/email-protection#e99a8188819b8884c78d88878c9a818488878d80a98f8888c78e869f"><span class="__cf_email__" data-cfemail="eb98838a83998a86c58f8a858e9883868a858f82ab8d8a8ac58c849d">[email protected]</span></a>.
(g) Material Incorporated by Reference
None.
Issued on April 11, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2024-08153 Filed 4-17-24; 8:45 am]
BILLING CODE 4910-13-P
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