Federal Register, Volume 75 Issue 53 (Friday, March 19, 2010)

[Federal Register Volume 75, Number 53 (Friday, March 19, 2010)]
[Proposed Rules]
[Pages 13239-13241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-6091]

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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]
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. 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:

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.

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 May 3, 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-2010-0286;
Directorate Identifier 2010-CE-013-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

The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
AD No.: 2010-0012, dated February 5, 2010 (referred to after this as
``the MCAI''), to correct an unsafe condition for the specified
products. The MCAI states:

You may obtain further information by examining the MCAI in the AD
docket.

Relevant Service Information

DAHER-SOCATA has issued TBM Aircraft Service Bulletin SB 70-183,
dated January 2010.
L'Hotellier has issued Service Bulletin 863520-26-001, dated
December 21, 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

[[Page 13240]]

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 364 products of U.S.
registry. We also estimate that it would take about .5 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 $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 costs. 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 the proposed AD on
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 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 adding the following new AD:

SOCATA: Docket No. FAA-2010-0286; Directorate Identifier 2010-CE-
013-AD.

Comments Due Date

(a) We must receive comments by May 3, 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:

Actions and Compliance

(f) Unless already done, within 3 months after the effective
date of this AD, do the following in accordance with DAHER-SOCATA
TBM Aircraft 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
Bulletin 863520-26-001, dated December 21, 2009.
(3) As of 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.

[[Page 13241]]

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 Service Bulletin SB 70-183, dated
January 2010; and L'Hotellier Service Bulletin 863520-26-001, dated
December 21, 2009, for related information.

Issued in Kansas City, Missouri, on March 15, 2010.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-6091 Filed 3-18-10; 8:45 am]
BILLING CODE 4910-13-P