AD 2008-06-11

This AD becomes effective March 27, 2008.

The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of March 27, 2008.

We must receive comments on this AD by April 11, 2008.

You may send comments by any of the following methods:

• Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.

• Fax: (202) 493-2251.

• Mail: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590.

• Hand Delivery: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Shahram Daneshmandi, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 227-1112; fax (425) 227-1149.

The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued Airworthiness Directive 2008-0022, dated January 29, 2008 (referred to after this as “the MCAI”), to correct an unsafe condition for the specified products. The MCAI states:

Subsequent to an incident on January 2, 2006, when a Saab 340B airplane encountered icing conditions during en route climb and departed controlled flight, the NTSB (National Transportation Safety Board) has issued a number of safety recommendations.

Different safety actions have been discussed and agreed upon [among] Saab, FAA and EASA (European Aviation Safety Agency) since then to meet the NTSB safety recommendations.

For the reasons described above, this Airworthiness Directive (AD) requires the amendment of the applicable Saab SF340A or 340B Airplane Flight Manual (AFM) to incorporate the changes to the Limitations section and the Performance section as specified in the AFM revisions listed in the * * * AD.

The unsafe condition is possible stalling while operating in icing conditions, which could result in loss of control of the airplane. You may obtain further information by examining the MCAI in the AD docket.

On April 19, 1996, we issued AD 96-01-04 R1, amendment 39-9582 (61 FR 18242, April 25, 1996). That AD is applicable to certain Saab Model SAAB SF340A and SAAB 340B series airplanes. Paragraph (a)(3) of AD 96-01-04 R1 requires revising the Limitations Section of the airplane flight manual (AFM) by inserting certain icing procedures into that section. Accomplishing the actions required by this new AD terminates the actions required by paragraph (a)(3) of AD 96-01-04 R1.

On November 10, 1999, we issued AD 99-19-14, amendment 39-11303 (64 FR 63622, November 22, 1999). That AD is applicable to certain Saab Model SAAB SF340A, SAAB 340B, and SAAB 2000 series airplanes. Paragraph (a) of AD 99-19-14 requires revising the Limitations Section of the AFM to include certain requirements for activation of the icing protection systems. Accomplishing the actions required by this new AD terminates the actions required by paragraph (a) of AD 99-19-14 for Model SAAB SF340A and SAAB 340B series airplanes.

SAAB has issued the following revisions to the SAAB SF340A and 340B AFMs:

The actions described in this service information are intended to correct the unsafe condition identified in the MCAI.

This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with the State of Design Authority, we have been notified of the unsafe condition described in the MCAI and service information referenced above. We are issuing this AD because we evaluated all pertinent information and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design.

We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information.

We might also have required different actions in this AD from those in the MCAI in order to follow FAA policies. Any such differences are highlighted in a NOTE within the AD.

An unsafe condition exists that requires the immediate adoption of this AD. The FAA has found that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule to prevent possible stalling while operating in icing conditions, which could result in loss of control of the airplane. Therefore, we determined that notice and opportunity for public comment before issuing this AD are impracticable and that good cause exists for making this amendment effective in fewer than 30 days.

This AD is a final rule that involves requirements affecting flight safety, and we did not precede it by notice and opportunity for public comment. We invite you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2008-0263; Directorate Identifier 2008-NM-044-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD because of those comments.

We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this AD.

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.

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 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); 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.

We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket.

Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:

1. The authority citation for part 39 continues to read as follows:

2. The FAA amends § 39.13 by adding the following new AD: