[Federal Register Volume 75, Number 104 (Tuesday, June 1, 2010)]
[Rules and Regulations]
[Pages 30272-30274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12595]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-0286 Directorate Identifier 2010-CE-013-AD;
Amendment 39-16320; AD 2010-11-15]
RIN 2120-AA64
Airworthiness Directives; SOCATA Model TBM 700 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 the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) issued 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:
The Civil Aviation Authority of the United Kingdom (UK) has
informed EASA that significant quantities of Halon 1211 gas,
determined to be outside the required specification, have been
supplied to the aviation industry for use in fire extinguishing
equipment. Halon 1211 (BCF) is used in portable fire extinguishers,
usually fitted or stowed in aircraft passenger cabins and flight
decks.
EASA published Safety Information Bulletin (SIB) 2009-39 on 23
October 2009 to make the aviation community aware of this safety
concern.
The results of the ongoing investigation have now established
that LyonTech Engineering Ltd, a UK-based company, has supplied
further consignments of Halon 1211 (BCF) to L'Hotellier that do not
meet the required specification. This Halon 1211 has subsequently
been used to fill certain P/N 863520-00 portable fire extinguishers
that are now likely to be installed in or carried on certain TBM700
aeroplanes.
The contaminated nature of this gas, when used against a fire,
may provide reduced fire suppression, endangering the safety of the
aeroplane and its occupants. In addition, extinguisher activation
may lead to release of toxic fumes, possibly causing injury to
aeroplane occupants.
We are issuing this AD to require actions to correct the unsafe
condition on these products.
DATES: This AD becomes effective July 6, 2010.
On July 6, 2010, the Director of the Federal Register approved the
incorporation by reference of certain publications listed in this AD.
ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at Document 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: 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:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on March 19, 2010 (75
FR 13239). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:
The Civil Aviation Authority of the United Kingdom (UK) has
informed EASA that significant quantities of Halon 1211 gas,
determined to be outside the required specification, have been
supplied to the aviation industry for use in fire extinguishing
equipment. Halon 1211 (BCF) is used in portable fire extinguishers,
usually fitted or stowed in aircraft passenger cabins and flight
decks.
EASA published Safety Information Bulletin (SIB) 2009-39 on 23
October 2009 to make the aviation community aware of this safety
concern.
The results of the ongoing investigation have now established
that LyonTech Engineering Ltd, a UK-based company, has supplied
further consignments of Halon 1211 (BCF) to L'Hotellier that do not
meet the required specification. This Halon 1211 has subsequently
been used to fill certain P/N 863520-00 portable fire extinguishers
that are now likely to be installed in or carried on certain TBM700
aeroplanes.
The contaminated nature of this gas, when used against a fire,
may provide reduced fire suppression, endangering the safety of the
aeroplane and its occupants. In addition, extinguisher activation
may lead to release of toxic fumes, possibly causing injury to
aeroplane occupants.
For the reason described above, this EASA AD requires the
identification and removal from service of certain batches of fire
extinguishers and replacement with serviceable units.
Comments
We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.
Conclusion
We reviewed the available data and determined that air safety and
the
[[Page 30273]]
public interest require adopting the AD as proposed.
Differences Between This 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 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.
Costs of Compliance
We estimate that this AD will affect 364 products of U.S. registry.
We also estimate that it will take about .5 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 about $0 per product.
Where the service information lists required parts costs that are
covered under warranty, we have assumed that there will be no charge
for these parts. As we do not control warranty coverage for affected
parties, some parties may incur costs higher than estimated here.
Based on these figures, we estimate the cost of this AD to the U.S.
operators to be $15,470 or $43 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 this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866;
(2) Is not a ``significant rule'' under 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.
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 the NPRM, 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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
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 AD:
2010-11-15 SOCATA: Amendment 39-16320; Docket No. FAA-2010-0286;
Directorate Identifier 2010-CE-013-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective July 6,
2010.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Model TBM 700 airplanes, all serial
numbers (SNs), that:
(1) are certificated in any category; and
(2) are equipped with part number (P/N) 863520-00 portable fire
extinguishers, serial numbers (S/N) as listed in L'Hotellier Service
Bulletin 863520-26-001, dated December 21, 2009.
Subject
(d) Air Transport Association of America (ATA) Code 26: Fire
Protection.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
The Civil Aviation Authority of the United Kingdom (UK) has
informed EASA that significant quantities of Halon 1211 gas,
determined to be outside the required specification, have been
supplied to the aviation industry for use in fire extinguishing
equipment. Halon 1211 (BCF) is used in portable fire extinguishers,
usually fitted or stowed in aircraft passenger cabins and flight
decks.
EASA published Safety Information Bulletin (SIB) 2009-39 on 23
October 2009 to make the aviation community aware of this safety
concern.
The results of the ongoing investigation have now established
that LyonTech Engineering Ltd, a UK-based company, has supplied
further consignments of Halon 1211 (BCF) to L'Hotellier that do not
meet the required specification. This Halon 1211 has subsequently
been used to fill certain P/N 863520-00 portable fire extinguishers
that are now likely to be installed in or carried on certain TBM700
aeroplanes.
The contaminated nature of this gas, when used against a fire,
may provide reduced fire suppression, endangering the safety of the
aeroplane and its occupants. In addition, extinguisher activation
may lead to release of toxic fumes, possibly causing injury to
aeroplane occupants.
For the reason described above, this EASA AD requires the
identification and removal from service of certain batches of fire
extinguishers and replacement with serviceable units.
Actions and Compliance
(f) Unless already done, within 3 months after July 6, 2010 (the
effective date of this AD), do the following in accordance with
DAHER-SOCATA TBM Aircraft Mandatory Service Bulletin SB 70-183,
dated January 2010:
(1) Inspect the fire extinguisher(s) installed or carried on
board the airplane for any P/N and S/N fire extinguisher listed in
L'Hotellier Service Bulletin 863520-26-001, dated December 21, 2009;
and
(2) If, as a result of the inspection required by paragraph
(f)(1) of this AD, you find any fire extinguisher listed in
L'Hotellier Service Bulletin 863520-26-001, dated December 21, 2009,
before further flight, remove it from the airplane and replace it
with a serviceable unit in accordance with L'Hotellier Service
[[Page 30274]]
Bulletin 863520-26-001, dated December 21, 2009.
(3) As of July 6, 2010 (the effective date of this AD), do not
install any fire extinguisher listed in L'Hotellier Service Bulletin
863520-26-001, dated December 21, 2009, on any airplane, unless it
has been overhauled with compliant Halon 1211 (BCF) and re-
identified, in accordance with the instructions of L'Hotellier
Service Bulletin 863520-26-001, dated December 21, 2009.
FAA AD Differences
Note: This AD differs from the MCAI and/or service information
as follows: No differences.
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 EASA AD No.: 2010-0012, dated February 5,
2010; DAHER-SOCATA TBM Aircraft Mandatory Service Bulletin SB 70-
183, dated January 2010; and L'Hotellier Service Bulletin 863520-26-
001, dated December 21, 2009, for related information.
Material Incorporated by Reference
(i) You must use DAHER-SOCATA TBM Aircraft Mandatory Service
Bulletin SB 70-183, dated January 2010; and L'Hotellier Service
Bulletin 863520-26-001, dated December 21, 2009, to do the actions
required by this AD, unless the AD specifies otherwise.
(1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) For service information identified in this AD, contact
SOCATA--Direction des Services--65921 Tarbes Cedex 9--France;
telephone +33 (0)5 6241-7300, fax +33 (0)5 62 41 76 54, or for North
America: SOCATA NORTH AMERICA, 7501 South Airport Road, North Perry
Airport (HWO), Pembroke Pines, Florida 33023; telephone: 954-893-
1400; fax: 54-964-4141. For details on the fire extinguisher,
contact: L'HOTELLIER, 4 rue Henri Poincar[eacute], 92167 ANTONY
Cedex, France; telephone +33(0) 1 46 66 08 08; fax +33(0) 1 46 66 23
24; e-mail: [email protected]. To obtain a copy of the
referenced L'Hotellier service bulletin, e-mail:
[email protected].
(3) You may review copies of the service information
incorporated by reference for this AD at the FAA, Central Region,
Office of the Regional Counsel, 901 Locust, Kansas City, Missouri
64106. For information on the availability of this material at the
Central Region, call (816) 329-3768.
(4) You may also review copies of the service information
incorporated by reference for this AD 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/code_of_federal_regulations/ibr_locations.html.
Issued in Kansas City, Missouri, on May 19, 2010.
John R. Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-12595 Filed 5-28-10; 8:45 am]
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