[Federal Register: March 16, 2007 (Volume 72, Number 51)]
[Rules and Regulations]
[Page 12546-12548]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16mr07-2]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-26166; Directorate Identifier 2006-CE-58-AD;
Amendment 39-14992; AD 2007-06-11]
RIN 2120-AA64
Airworthiness Directives; EADS SOCATA Model TBM 700 Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: We are adopting a new 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:
Cracks on a vertical stabilizer attachment fitting due to
corrosion, have been found on an aircraft in service.
We are issuing this AD to require actions to correct the unsafe
condition on these products.
DATES: This AD becomes effective April 20, 2007.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of April 20,
2007.
ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov
or in person at the Docket Management Facility, U.S.
Department of Transportation, 400 Seventh Street, SW., Nassif Building,
Room PL-401, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Albert J. 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:
Streamlined Issuance of AD
The FAA is implementing a new process for streamlining the issuance
of ADs related to MCAI. The streamlined process will allow us to adopt
MCAI safety requirements in a more efficient manner and will reduce
safety risks to the public. This process continues to follow all FAA AD
issuance processes to meet legal, economic, Administrative Procedure
Act, and Federal Register requirements. We also continue to meet
[[Page 12547]]
our technical decision-making responsibilities to identify and correct
unsafe conditions on U.S.-certificated products.
This AD references the MCAI and related service information that we
considered in forming the engineering basis to correct the unsafe
condition. The AD contains text copied from the MCAI and for this
reason might not follow our plain language principles.
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 November 17, 2006
(71 FR 66889). That NPRM proposed to correct an unsafe condition for
the specified products. The MCAI states that:
Cracks on a vertical stabilizer attachment fitting due to
corrosion, have been found on an aircraft in service.
Comments
We gave the public the opportunity to participate in developing
this AD. We considered the comments received.
EADS SOCATA gave comments addressing the following:
Comment Issue No. 1: Costs of Compliance
EADS SOCATA comments that the proposed AD specifies it would take 4
work-hours per product to comply with the proposed AD, but according to
EADS SOCATA, it would take 3.5 work-hours.
The FAA agrees and will incorporate that change into the final rule
Costs of Compliance section.
Comment Issue No. 2: Service Bulletin Compliance
Quest Diagnostics comments that as an operator of 4 TBM 700
aircraft with over 25,000 hours time-in-service (TIS) and more than
35,000 cycles of operating experience they have been performing the
requirements of EADS SOCATA Service Bulletin (SB) 70-104 since its
publication in 2004. They have found in their experience that step 5 of
the SB, which requires an additional step to perform a ``penetrante
inspection'' to the bores of the fitting and attachment on the rear
fitting, is impractical if not impossible to complete. They found that
because this attachment area comprises a ``sandwich'' of attachment
lugs any penetrant applied to this area in situ is absorbed between the
layers and becomes impossible to clean without removing the fin
completely. Further, they found, since each assembly is nearly 1 inch
thick, there is severely limited visual access to the entire bore,
particularly in the middle section. They contracted the services of a
Level 3 Nondestructive Testing (NDT) inspector to perform a Rotary Gun
Eddy Current Inspection of the fitting area. They discussed this
situation with the EADS SOCATA Service Center in Pembroke Pines,
Florida; came to the conclusion this is the only practical approach to
completing this inspection without removal of the vertical fin; and
feel the published procedure is inadequate for the purposes of
detecting cracks in this area.
EADS SOCATA has since released SB 70-104 Amendment 2, dated January
2007. The revised service bulletin allows crack detection by penetrant
inspection or other equivalent process (eddy current* * *) on the bores
of the vertical stabilizer fitting and attachments. The revised service
bulletin Amendment 2 will be incorporated into the AD, and the FAA will
give 100 percent credit for doing the action with Amendment 1 of the
Service Bulletin.
Conclusion
We reviewed the available data, including the comments 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 205 products of U.S. registry.
We also estimate that it will take about 3.5 work-hours per product to
comply with basic requirements of this AD. The average labor rate is
$80 per work-hour. Required parts will cost about $3,000 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 parts. 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 this AD to the U.S. operators
to be $672,400, or $3,280 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://dms.dot.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
[[Page 12548]]
NPRM, the regulatory evaluation, any comments received, and other
information. The street address for the Docket Office (telephone (800)
647-5227) 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:
2007-06-11 EADS SOCATA Model TBM 700 Airplanes: Amendment 39-14992;
Docket No. FAA-2006-26166; Directorate Identifier 2006-CE-58-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective April
20, 2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to SOCATA TBM 700 airplanes, serial numbers
1 through 308, plus the serial number 310, certificated in any
category.
Note 1: This AD does not apply to airplanes in which both
modifications No. MOD70-127-55 and MOD70-129-53 have been factory
installed.
Reason
(d) The mandatory continuing airworthiness information (MCAI)
states that:
Cracks on a vertical stabilizer attachment fitting due to
corrosion have been found on an aircraft in service.
Actions and Compliance
(e) Unless already done, do the following actions.
(1) Within the next 600 hours time-in-service (TIS) or the next
12 months, whichever occurs first, after the effective date of this
AD, inspect the vertical stabilizer attachment fittings and bolts
for cracks or corrosion, and, if necessary, repair or replace the
damaged part and then apply a corrosion protection reinforcement,
following EADS SOCATA Service Bulletin SB 70-104, Amendment 1, dated
August 2004 or EADS SOCATA TBM Aircraft Mandatory Service Bulletin
SB 70-104, Amendment 2, dated January 2007.
(2) Repeat the actions of paragraph (e)(1) every 1,200 hours TIS
or every 24 months, whichever occurs first, following EADS SOCATA
Service Bulletin SB 70-104, Amendment 1, dated August 2004 or EADS
SOCATA Service Bulletin SB 70-104, Amendment 2, dated January 2007.
FAA AD Differences
Note 2: This AD differs from the MCAI and/or service information
as follows: This AD permits Amendment 2 of the SB to be used.
Other FAA AD Provisions
(f) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Staff, FAA, ATTN: Albert J. Mercado, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone: (816) 329-4119; fax: (816) 329-4090, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. 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
(g) Refer to Direction generale de l'aviation civile (DGAC) AD
No F-2003-366 R1, dated November 24, 2004; EADS SOCATA TBM Aircraft
Mandatory Service Bulletin SB 70-104, Amendment 1, dated August
2004; and EADS SOCATA TBM Aircraft Mandatory Service Bulletin SB 70-
104, Amendment 2, dated January 2007 for related information.
Material Incorporated by Reference
(h) You must use EADS SOCATA TBM Aircraft Mandatory Service
Bulletin No. SB 70-104, Amendment 1, dated August 2004, or EADS
SOCATA TBM Aircraft Mandatory Service Bulletin No. SB 70-104,
Amendment 2, dated January 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.
(3) For service information identified in this AD, contact EADS
SOCATA, Direction des Services, 65921 Tarbes Cedex 9, France.
(4) 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 March 7, 2007.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-4724 Filed 3-15-07; 8:45 am]
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