[Federal Register Volume 75, Number 165 (Thursday, August 26, 2010)]
[Proposed Rules]
[Pages 52480-52482]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21250]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 75, No. 165 / Thursday, August 26, 2010 /
Proposed Rules
[[Page 52480]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-0862; Directorate Identifier 2010-CE-040-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).
-----------------------------------------------------------------------
SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above that would supersede 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:
During a SOCATA flight test, it was noted some difficulties for
the pilot to release oxygen. After investigation it was found that,
due to the design of the oxygen generator release pin, one of the
mask's lanyard linked to the pin could be jammed when it is pulled
by a pilot or a passenger.
This condition, if not corrected, would lead, in case of an
emergency procedure due to decompression, to a risk of generator
fault with subsequent lack of oxygen on crew and/or passenger.
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 October 12,
2010.
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-2010-0862;
Directorate Identifier 2010-CE-040-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://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 November 6, 2009, we issued AD 2009-23-12, Amendment 39-16086
(74 FR 58539; November 13, 2009). That AD required actions intended to
address an unsafe condition on the products listed above. AD 2009-23-12
revised AD 2009-13-05 (74 FR 29126, June 19, 2009), which was intended
to address an unsafe condition on the products listed above.
Since we issued AD 2009-23-12, SOCATA has developed a modification
that is a terminating action to address the unsafe condition.
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued AD
No.: 2010-0090, dated May 18, 2010 (referred to after this as ``the
MCAI''), to correct an unsafe condition for the specified products. The
MCAI states:
During a SOCATA flight test, it was noted some difficulties for
the pilot to release oxygen. After investigation it was found that,
due to the design of the oxygen generator release pin, one of the
mask's lanyard linked to the pin could be jammed when it is pulled
by a pilot or a passenger.
This condition, if not corrected, would lead, in case of an
emergency procedure due to decompression, to a risk of generator
fault with subsequent lack of oxygen on crew and/or passenger.
For the reason described above, SOCATA released Pilot Operating
Handbook (POH) Temporary Revision (TR) 03 which asks, in case of
failure to release oxygen, to pull on the other mask lanyard in
order to activate the oxygen generator. The Emergency AD 2009-0096-E
was issued to mandate the follow-up of these actions by the
operators in case of failure. This EAD was subsequently revised into
AD 2009-0096R1 in order to clarify the applicability.
A SOCATA modification enabling to solve this issue has been
developed. Consequently, this new AD, superseding EASA AD 2009-
0096R1 retaining its requirements, requires implementing the
modification which is a terminating action.
You may obtain further information by examining the MCAI in the AD
docket.
Relevant Service Information
SOCATA has issued SOCATA TBM 700 A & B Pilot's Operating Handbook
(POH), Temporary Revision No. 3, dated March 2009; and DAHER-SOCATA TBM
Aircraft Mandatory Service Bulletin SB 70-168, dated December 2009. The
actions described in this service information are intended to correct
the unsafe condition identified in the MCAI.
[[Page 52481]]
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 126 products of U.S.
registry. We also estimate that it would take about 1 work-hour per
product to comply with the basic requirements of this proposed AD. The
average labor rate is $85 per work-hour. Required parts would cost
about $66 per product.
Based on these figures, we estimate the cost of the proposed AD on
U.S. operators to be $19,026, or $151 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 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 39-16086 (74 FR
58539; November 13, 2009), and adding the following new AD:
SOCATA: Docket No. FAA-2010-0862; Directorate Identifier 2010-CE-
040-AD.
Comments Due Date
(a) We must receive comments by October 12, 2010.
Affected ADs
(b) This AD supersedes AD 2009-23-12, Amendment 39-16086.
Applicability
(c) This AD applies to Model TBM 700 airplanes, serial numbers 1
through 204, 206 through 239, and 241 through 243, that are:
(i) Certificated in any category; and
(ii) equipped with a chemical oxygen generation system.
Subject
(d) Air Transport Association of America (ATA) Code 35: Oxygen.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
During a SOCATA flight test, it was noted some difficulties for
the pilot to release oxygen. After investigation it was found that,
due to the design of the oxygen generator release pin, one of the
mask's lanyard linked to the pin could be jammed when it is pulled
by a pilot or a passenger.
This condition, if not corrected, would lead, in case of an
emergency procedure due to decompression, to a risk of generator
fault with subsequent lack of oxygen on crew and/or passenger.
For the reason described above, SOCATA released Pilot Operating
Handbook (POH) Temporary Revision (TR) 03 which asks, in case of
failure to release oxygen, to pull on the other mask lanyard in
order to activate the oxygen generator. The Emergency AD 2009-0096-E
was issued to mandate the follow-up of these actions by the
operators in case of failure. This EAD was subsequently revised into
AD 2009-0096R1 in order to clarify the applicability.
A SOCATA modification enabling to solve this issue has been
developed. Consequently, this new AD, superseding EASA AD 2009-
0096R1 retaining its requirements, requires implementing the
modification which is a terminating action.
Actions and Compliance
(f) Unless already done, do the following actions:
(1) Before further flight after the effective date of this AD,
insert Page 3.13.5 of Temporary Revision No. 3, dated March 2009,
into the Emergency Procedures section and the Limitations section of
SOCATA TBM 700 A & B Pilot's Operating Handbook (POH).
(2) Within 7 months after the effective date of this AD or 100
hours time-in-service (TIS) after the effective date of this AD,
whichever occurs first, replace the existing oxygen generator
release pin, part number (P/N) T700A3510038100, with an open pin, P/
N T700A351004410000, using the accomplishment instructions of DAHER-
SOCATA TBM Aircraft Mandatory Service Bulletin SB 70-168, dated
December 2009.
(3) Upon replacement of the existing oxygen generator release
pin with an open pin, P/N T700A351004410000, using the
accomplishment instructions of SB No. 70-168, remove Page 3.13.5 of
Temporary Revision No. 3, dated March 2009, as inserted by paragraph
(f)(1) of this AD from the POH.
(4) After the effective date of this AD, do not install in any
affected airplane an oxygen generator release pin, P/N
T700A3510038100.
[[Page 52482]]
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 European Aviation Safety Agency (EASA) AD No.
2010-0090, dated May 18, 2010; SOCATA TBM 700 A & B Pilot's
Operating
Handbook (POH), Temporary Revision No. 3, dated March 2009; and
DAHER-SOCATA TBM Aircraft Mandatory Service Bulletin SB 70-168,
dated December 2009, for related information.
Issued in Kansas City, Missouri, on August 20, 2010.
John Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-21250 Filed 8-25-10; 8:45 am]
BILLING CODE 4910-13-P