
[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]

BILLING CODE 4910-13-P
