[Federal Register: November 22, 2006 (Volume 71, Number 225)] [Proposed Rules] [Page 67506-67508] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr22no06-23] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-26236; Directorate Identifier 2006-CE-66-AD] RIN 2120-AA64 Airworthiness Directives; SOCATA--Groupe AEROSPATIALE Models TB 20 and TB 21 Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). ----------------------------------------------------------------------- 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) 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 reports of interference between the wing spar lower boom and the wheel fairing attaching screw. 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 December 22, 2006. ADDRESSES: You may send comments by any of the following methods:DOT Docket Web Site: Go to http://dms.dot.gov and follow the instructions for sending your comments electronically. Fax: (202) 493-2251. Mail: Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590-0001. Hand Delivery: Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. 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 this proposed AD, 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. FOR FURTHER INFORMATION CONTACT: Doug Rudolph, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4059; 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 our technical decision-making responsibilities to identify and correct unsafe conditions on U.S.-certificated products. This proposed AD references the MCAI and related service information that we considered in forming the engineering basis to correct the unsafe condition. The proposed AD contains text copied from the MCAI and for this reason might not follow our plain language principles. 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- 26236; Directorate Identifier 2006-CE-66-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://dms.dot.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 AD No.: 2006-0123, dated May 16, 2006 (referred to after this as ``the MCAI''), to correct an unsafe condition for the specified [[Page 67507]] products. The MCAI states there are reports of interference between the wing spar lower boom and the wheel fairing attaching screw causing an unsafe condition. The interference could, if left uncorrected, reduce the fatigue life of the wing spar with potentially catastrophic results. The MCAI requires inspections and repairs as necessary to correct this unsafe condition. You may obtain further information by examining the MCAI in the AD docket. Relevant Service Information EADS SOCATA has issued TB Aircraft Mandatory Service Bulletin SB 10-148, ATA No. 57, dated December 2005. 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 described in a separate paragraph of the proposed AD. These requirements, if ultimately adopted, will take precedence over the actions copied from the MCAI. Costs of Compliance Based on the service information, we estimate that this proposed AD would affect about 270 products of U.S. registry. We also estimate that it would take about 15 work-hours per product to comply with the proposed AD. The average labor rate is $80 per work-hour. Required parts would cost about $15,000 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 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 $4,374,000, or $16,200 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, 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--Groupe Aerospatiale: Docket No. FAA-2006-26236; Directorate Identifier 2006-CE-66-AD. Comments Due Date (a) We must receive comments by December 22, 2006. Affected ADs (b) None. Applicability (c) This AD applies to SOCATA Models TB 20 and TB 21 airplanes, serial numbers 1 through 9999 without repair REP 20.031 implemented on both sides, certificated in any category. Reason (d) The mandatory continuing airworthiness information (MCAI) states there are reports of interference between the wing spar lower boom and the wheel fairing attaching screw causing an unsafe condition. The interference could, if left uncorrected, reduce the fatigue life of the wing spar with potentially catastrophic results. The MCAI requires inspections and repairs as necessary to correct this unsafe condition. Actions and Compliance (e) Unless already done, do the following actions. (1) Within the next 100 hours time-in-service or 12 months after the effective date of this AD, whichever occurs first, perform an inspection of the wing spar lower boom and repair it as necessary, in accordance with the accomplishment instructions of the EADS SOCATA TB Aircraft Mandatory Service Bulletin SB 10-148, ATA No. 57, dated December 2005. (2) If defect dimensions exceed the acceptable values given in the EADS SOCATA TB Aircraft Mandatory Service Bulletin SB 10-148, ATA No. 57, dated December 2005, or if the defect is not located in areas depicted in figure 2 of the EADS SOCATA TB Aircraft Mandatory Service Bulletin SB 10-148, ATA No. 57, dated December 2005, then the Type 1 or Type 2 repair solutions are not applicable. A written report shall be sent to the manufacturer as mentioned in section A.5 of the EADS [[Page 67508]] SOCATA TB Aircraft Mandatory Service Bulletin SB 10-148, ATA No. 57, dated December 2005. In this case, all flight is prohibited until EADS SOCATA provides a repair solution or otherwise agrees to further flight. FAA AD Differences Note: This AD differs from the MCAI and/or service information as follows: No differences. 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: Doug Rudolph, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4059; fax: (816) 329-4090, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. (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 European Aviation Safety Agency (EASA) Airworthiness Directive No.: 2006-0123, dated May 16, 2006; and EADS SOCATA TB Aircraft Mandatory Service Bulletin SB 10-148, ATA No. 57, dated December 2005, for related information. Issued in Kansas City, Missouri, on November 14, 2006. Steven W. Thompson, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E6-19801 Filed 11-21-06; 8:45 am] BILLING CODE 4910-13-P