

[Federal Register: October 17, 2007 (Volume 72, Number 200)]
[Rules and Regulations]               
[Page 58753-58755]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17oc07-1]                         


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Rules and Regulations
                                                Federal Register
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[[Page 58753]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-28645; Directorate Identifier 2007-CE-059-AD; 
Amendment 39-15228; AD 2007-21-10]
RIN 2120-AA64

 
Airworthiness Directives; EADS SOCATA Model TBM 700 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This 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) results from one report about 
imperfect locking on ground of the upper access door opening 
interior handle which has enabled its opening without actuating 
unlocking knob.
    If not corrected an inadvertent action on the handle without 
actuating the unlocking knob could lead to a door opening.
    Investigations identified the unsafe condition resulting from 
interference between the window trim panel and the handle locking 
mechanism.

    We are issuing this AD to require actions that are intended to 
address the unsafe condition described in the MCAI.

DATES: This AD becomes effective November 21, 2007.
    On November 21, 2007, 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.

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 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: 

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 1, 2007 (72 
FR 41968). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    This Airworthiness Directive (AD) results from one report about 
imperfect locking on ground of the upper access door opening 
interior handle which has enabled its opening without actuating 
unlocking knob.
    If not corrected an inadvertent action on the handle without 
actuating the unlocking knob could lead to a door opening.
    Investigations identified the unsafe condition resulting from 
interference between the window trim panel and the handle locking 
mechanism.
    Requirements of this AD are first, check for proper operation 
the locking handle and secondly modification of the window trim 
panel.

Comments

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

Comment Issue: AD Differences

    EADS SOCATA commented that the proposed AD states that there are no 
differences between the proposed AD and the service information, but 
the proposed AD requires the installation of a placard on the 
instrument panel and the service information does not require this 
placard.
    The requirement for the placard was provided to ensure the 
operating limitation noted in the related service information was clear 
to the operator and to enforce the limitation. The only way the FAA can 
legally mandate the operating limitation is through a placard or 
airplane flight manual change. We do not consider that as an FAA AD 
difference as the placard requirement only enforces the operating 
limitation in the MCAI and service bulletins.
    We are making no changes to the final rule AD action based on this 
comment.

Conclusion

    We reviewed the available data, including the comment received, and 
determined that air safety and the 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

    Based on the service information, we estimate that this AD would 
affect about 23 products of U.S. registry. We also estimate that it 
would take about 2 work-hours per product to comply with the basic 
requirements of this AD. The average labor rate is $80 per work-hour. 
Required parts would cost about $5 per product. Where the service 
information lists required parts costs that are covered under warranty, 
we have

[[Page 58754]]

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 AD on U.S. 
operators to be $3,795, or $165 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:

2007-21-10 EADS SOCATA: Amendment 39-15228; Docket No. FAA-2007-
28645; Directorate Identifier 2007-CE-059-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective November 
21, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to TBM 700 airplanes, serial numbers 1 
through 9, 11 through 17, 19 through 22, 25 through 27, 29 through 
31, 33 and 34, 38, 46, and 49, that are:
    (1) certificated in any category;
    (2) not equipped with modification No. MOD70-019-25; and
    (3) equipped with an interior handle unlocking device through 
push-button.

Subject

    (d) Air Transport Association of America (ATA) Code 52: Doors.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    This Airworthiness Directive (AD) results from one report about 
imperfect locking on ground of the upper access door opening 
interior handle which has enabled its opening without actuating 
unlocking knob.
    If not corrected an inadvertent action on the handle without 
actuating the unlocking knob could lead to a door opening.
    Investigations identified the unsafe condition resulting from 
interference between the window trim panel and the handle locking 
mechanism.
    Requirements of this AD are first, check for proper operation 
the locking handle and secondly modification of the window trim 
panel.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) Before each flight after November 21, 2007 (the effective 
date of this AD) until the actions of paragraph (f)(2) of this AD 
have been done, check the handle locking using paragraph A of the 
accomplishment instructions in EADS SOCATA Mandatory TBM Aircraft 
Service Bulletin SB 70-150, dated May 2007. If any discrepancy is 
found, do the following before further flight until the modification 
in paragraph (f)(2) of this AD is done:
    (i) Fabricate a placard using letters at least 1/8 inches in 
height with the words ``FLIGHT ALLOWED WITH ONLY THE FLIGHT DECK 
SEATS OCCUPIED.''
    (ii) Install this placard on the instrument panel within clear 
view of the pilot.
    (iii) The owner/operator holding at least a private pilot 
certificate as authorized by section 43.7 of the Federal Aviation 
Regulations (14 CFR 43.7) may do both the pre-flight checks and the 
placard requirements of this AD. Make an entry in the aircraft 
records showing compliance with this portion of the AD following 
section 43.9 of the Federal Aviation Regulations (14 CFR 43.9).
    (2) Within the next 12 months after November 21, 2007 (the 
effective date of this AD) modify the window trim panel using 
paragraph B of the accomplishment instructions in EADS SOCATA 
Mandatory TBM Aircraft Service Bulletin SB 70-150, dated May 2007. 
This modification terminates the requirements of paragraph (f)(1) of 
this AD.

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 Staff, 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

[[Page 58755]]

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) 
Emergency AD No: 2007-0172-E, dated June 15, 2007; and EADS SOCATA 
Mandatory TBM Aircraft Service Bulletin SB 70-150, dated May 2007, 
for related information.

Material Incorporated by Reference

    (i) You must use EADS SOCATA Mandatory TBM Aircraft Service 
Bulletin SB 70-150, dated May 2007 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 EADS 
SOCATA--Direction des Services, 65921 Tarbes Cedex 9, France; 
telephone: +33 (0)5 62 41 73 00; fax: +33 (0)5 62 41 7-54; or in the 
United States contact SOCATA AIRCRAFT, INC., North Perry Airport, 
7501 South Airport Rd., Pembroke Pines, FL 33023; telephone: (954) 
893-1400; fax: (954) 964-4141.
    (3) You may review copies at the FAA, Central Region, Office of 
the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri 
64106; or 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/cfr/ibr-locations.html
.


    Issued in Kansas City, Missouri, on October 4, 2007.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-20140 Filed 10-16-07; 8:45 am]

BILLING CODE 4910-13-P
