[Federal Register: May 12, 2009 (Volume 74, Number 90)]
[Proposed Rules]
[Page 22125-22127]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12my09-13]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-26234; Directorate Identifier 2006-CE-064-AD]
RIN 2120-AA64
Airworthiness Directives; SOCATA Model TBM 700 Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above that would revise an existing AD. This proposed
AD results from mandatory continuing airworthiness information (MCAI)
originated by an aviation authority of another country to identify and
correct an unsafe condition on an aviation product. The MCAI describes
the unsafe condition as:
This Airworthiness Directive (AD) was prompted by reports of loose
rivets on frames C18 BIS and C19, which could result in a reduced
structural integrity of the tail area.
The proposed AD would require actions that are intended to address
the unsafe condition described in the MCAI.
DATES: We must receive comments on this proposed AD by June 11, 2009.
ADDRESSES: 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 W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
Examining the AD Docket
You may examine the AD docket on the Internet at http://
www.regulations.gov; 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 proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (telephone (800) 647-5527) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.
FOR FURTHER INFORMATION CONTACT: Albert Mercado, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone: (816) 329-4119; fax: (816) 329-4090.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2006-
26234; Directorate Identifier 2006-CE-064-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed 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 proposed AD.
Discussion
On March 15, 2007, we issued AD 2007-03-17, Amendment 39-14928 (72
FR 5923, February 8, 2007). That AD required actions intended to
address an unsafe condition on the products listed above.
Since we issued AD 2007-03-17, EADS SOCATA revised the service
bulletin used in the AD to change the applicability.
The Direction G[eacute]n[eacute]rale de l'aviation Civile (DGAC),
which is the aviation authority for France, has issued French AD No F-
2005-132, dated August 3, 2005, (referred to after this as ``the
MCAI'') to correct an unsafe condition for the specified products. The
MCAI states:
This Airworthiness Directive (AD) was prompted by reports of
loose rivets on frames C18 BIS and C19, which could result in a
reduced structural integrity of the tail area.
[[Page 22126]]
This MCAI requires you to inspect the rivets on frames C18 BIS and
C19, and, if necessary, apply corrective actions. You may obtain
further information by examining the MCAI in the AD docket.
Relevant Service Information
SOCATA has issued SOCATA TBM Aircraft Mandatory Service Bulletin SB
70-129, dated June 2005; and SOCATA TBM Aircraft Mandatory Service
Bulletin SB 70-129, AMENDMENT 1, dated February 2009. The actions
described in this service information are intended to correct the
unsafe condition identified in the MCAI.
FAA's Determination and Requirements of the Proposed AD
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 this State of Design Authority, they
have notified us of the unsafe condition described in the MCAI and
service information referenced above. We are proposing this AD because
we evaluated all information and determined the unsafe condition exists
and is likely to exist or develop on other products of the same type
design.
Differences Between This Proposed AD and the MCAI or Service
Information
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 proposed 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 proposed AD.
Costs of Compliance
We estimate that this proposed AD will affect 272 products of U.S.
registry. We also estimate that it would take about 3 work-hours per
product to comply with the basic requirements of this proposed AD. The
average labor rate is $80 per work-hour. Required parts would cost
about $300 per product.
Based on these figures, we estimate the cost of the proposed AD on
U.S. operators to be $146,880, or $540 per product.
In addition, we estimate that any necessary follow-on actions would
take about 15 work-hours and require parts costing $2,000 for a cost of
$3,200 per product. We have no way of determining the number of
products that may 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 proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 proposed
regulation:
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 proposed AD and placed it in the AD docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
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]
2. The FAA amends Sec. 39.13 by removing Amendment 39-14928 (72 FR
5923, February 8, 2007), and adding the following new AD:
SOCATA: Docket No. FAA-2006-26234; Directorate Identifier 2006-CE-
064-AD.
Comments Due Date
(a) We must receive comments by June 11, 2009.
Affected ADs
(b) This AD revises AD 2007-03-17, Amendment 39-14928 (72 FR
5923, February 8, 2007).
Applicability
(c) This AD applies to TBM 700 airplanes, serial numbers 1
through 345, certificated in any category.
Subject
(d) Air Transport Association of America (ATA) Code 53:
Fuselage.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
This Airworthiness Directive (AD) was prompted by reports of loose
rivets on frames C18 BIS and C19, which could result in a reduced
structural integrity of the tail area.
This MCAI requires you to inspect the rivets on frames C18 BIS
and C19, and, if necessary, apply corrective actions. You may obtain
further information by examining the MCAI in the AD docket.
Actions and Compliance
(f) Unless already done, within the next 100 hours time-in-
service (TIS) after the effective date of this AD or within the next
12 months after the effective date of this AD, whichever occurs
later, and thereafter at intervals not to exceed 100 hours TIS,
accomplish a detailed inspection of the area and apply corrective
actions as necessary by doing all the applicable actions in
accordance with the accomplishment instructions of either SOCATA TBM
Aircraft Mandatory Service Bulletin SB 70-129, dated June 2005 or
SOCATA TBM Aircraft Mandatory Service Bulletin SB 70-129, AMENDMENT
1, dated February 2009.
FAA AD Differences
NOTE: This AD differs from the MCAI and/or service information
as follows: SOCATA revised the service bulletin used in AD 2007-03-
17, Amendment 39-14928 (72 FR 5923, February 8, 2007). The revised
service bulletin changes the applicability of the airplanes from
what was in the original service bulletin. The MCAI has not been
[[Page 22127]]
revised and allows the use of ``Any subsequent approved revision of
this document is acceptable'' for service bulletin revisions. The
FAA AD does not have a similar provision. This proposed revised AD
will change the Applicability section based on the revised service
bulletin.
Other FAA AD Provisions
(g) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Albert Mercado, Aerospace Engineer, FAA, Small
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone: (816) 329-4119; fax: (816) 329-4090. Before using
any approved AMOC on any airplane to which the AMOC applies, notify
your appropriate principal inspector (PI) in the FAA Flight
Standards District Office (FSDO), or lacking a PI, your local FSDO.
(2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
(3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.
Related Information
(h) Refer to MCAI Direction G[eacute]n[eacute]rale de l'aviation
Civile Airworthiness Directive No F-2005-132, dated August 3, 2005;
SOCATA TBM Aircraft Mandatory Service Bulletin SB 70-129, dated June
2005; and SOCATA TBM Aircraft Mandatory Service Bulletin SB 70-129,
AMENDMENT 1, dated February 2009 for related information.
Issued in Kansas City, Missouri, on May 6, 2009.
Scott A. Horn,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-11022 Filed 5-11-09; 8:45 am]
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