Federal Register, Volume 75 Issue 226 (Wednesday, November 24, 2010)

[Federal Register Volume 75, Number 226 (Wednesday, November 24, 2010)]
[Rules and Regulations]
[Pages 71536-71538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28612]

[[Page 71536]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0862; Directorate Identifier 2010-CE-040-AD;
Amendment 39-16518; AD 2010-23-28]
RIN 2120-AA64

Airworthiness Directives; SOCATA Model TBM 700 Airplanes

AGENCY: Federal Aviation Administration, Department of Transportation.

ACTION: Final rule.

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SUMMARY: We are superseding an existing 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:

We are issuing this AD to require actions to correct the unsafe
condition on these products.

DATES: This AD becomes effective December 29, 2010.
On December 29, 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 the Docket 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 service information identified in this AD, contact SOCATA--
Direction des services, 65921 Tarbes Cedex 9, France; telephone: 33 (0)
62 41 73 00; fax: + 33 (0) 62 41 76 54; or for the U.S.A: SOCATA NORTH
AMERICA, North Perry Airport, 7501 South Airport Rd., Pembroke Pines,
Florida 33023; telephone: 1 (954) 893 1400; fax: 1 (954) 964 4141;
Internet: http://mysocata.com/. You may review copies of the referenced
service information at the FAA, Small Airplane Directorate, 901 Locust,
Kansas City, Missouri 64106. For information on the availability of
this material at the FAA, call 816-329-4148.

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 August 26, 2010 (75
FR 52480), and proposed to supersede AD 2009-23-12, Amendment 39-16086
(74 FR 58539; November 13, 2009). That NPRM proposed to correct an
unsafe condition for the specified products. The MCAI states that:

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.

Comments

We gave the public the opportunity to participate in developing
this AD. We considered the comment received.

Retain Page 3.13.5 of TR No. 3

Catherine H[eacute]rau, Socata, to maintain consistency with the
MCAI, requests that we retain Page 3.13.5 of TR No. 3, dated March
2009, inserted into the Emergency Procedures section and the
Limitations section of DAHER-SOCATA TBM 700 A & B POH. We agree with
the commenter there is a necessity to keep the associated page of the
TR in the POH.
We have deleted the requirement to remove Page 3.13.5 of TR No. 3
from the final rule AD action.

Conclusion

We reviewed the available data, including the comment received, and
determined that air safety and the public interest require adopting the
AD with the changes described previously. We determined that these
changes will not increase the economic burden on any operator or
increase the scope of the AD.

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 126 products of U.S. registry.
We also estimate that it will take about 1 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 $66 per product.
Based on these figures, we estimate the cost of this AD to the 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

[[Page 71537]]

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 removing Amendment 39-16086 (74 FR
58539; November 13, 2009) and adding the following new AD:

2010-23-28 SOCATA: Amendment 39-16518; Docket No. FAA-2010-0862;
Directorate Identifier 2010-CE-040-AD.

Effective Date

(a) This airworthiness directive (AD) becomes effective December
29, 2010.

Affected ADs

(b) This AD supersedes AD 2009-23-12, Amendment 39-16086.

Applicability

(c) This AD applies to SOCATA 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 December 29, 2010 (the effective
date of this AD), insert Temporary Revision No. 3, dated March 2009,
into the Emergency Procedures section and the Limitations section of
DAHER-SOCATA TBM 700 A & B Pilot's Operating Handbook (POH).
(2) Within 7 months after December 29, 2010 (the effective date
of this AD) or 100 hours time-in-service (TIS) after December 29,
2010 (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) After December 29, 2010 (the effective date of this AD), do
not install in any affected airplane an oxygen generator release
pin, P/N T700A3510038100.

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, a federal agency may not conduct or sponsor, and a person
is not required to respond to, nor shall a person be subject to a
penalty for failure to comply with a collection of information
subject to the requirements of the Paperwork Reduction Act unless
that collection of information displays a current valid OMB Control
Number. The OMB Control Number for this information collection is
2120-0056. Public reporting for this collection of information is
estimated to be approximately 5 minutes per response, including the
time for reviewing instructions, completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Comments concerning the accuracy of this
burden and suggestions for reducing the burden should be directed to
the FAA at: 800 Independence Ave., SW., Washington, DC 20591, Attn:
Information Collection Clearance Officer, AES-200.

Related Information

(h) Refer to MCAI European Aviation Safety Agency (EASA) AD No.
2010-0090, dated May 18, 2010; DAHER-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.

[[Page 71538]]

Material Incorporated by Reference

(i) You must use DAHER-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, 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) 62 41 73 00; fax: + 33 (0) 62 41 76 54; or for the
U.S.A.: SOCATA NORTH AMERICA, North Perry Airport, 7501 South
Airport Rd., Pembroke Pines, Florida 33023; telephone: 1 (954) 893
1400; fax: 1 (954) 964 4141; Internet: http://mysocata.com/.
(3) You may review copies of the referenced service information
at the FAA, Small Airplane Directorate, 901 Locust, Kansas City,
Missouri 64106. For information on the availability of this material
at the FAA, call 816-329-4148.
(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 November 4, 2010.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-28612 Filed 11-23-10; 8:45 am]
BILLING CODE 4910-13-P