AD 2007-04-13

[Federal Register Volume 72, Number 32 (Friday, February 16, 2007)]
[Rules and Regulations]
[Pages 7576-7578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-670]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-26235; Directorate Identifier 2006-CE-65-AD; 
Amendment 39-14945; AD 2007-04-13]
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 
found on several main landing gear cylinders. We are issuing this AD to 
require actions to correct the unsafe condition on these products.

DATES: This AD becomes effective March 23, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of March 23, 
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 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 December 22, 2006 
(71 FR 76950). That NPRM proposed to correct an unsafe condition for 
the specified products. The MCAI states reports of cracks found on 
several main landing gear (MLG) cylinders. If not detected and 
corrected, fatigue cracks in the shock strut cylinder of the MLG could 
result in a collapsed MLG during takeoff or landing, and possible 
reduced structural integrity of the airplane. The MCAI requires 
inspecting the MLG forging body for cracks and repairing any cracks 
found.

Comments

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

Comment Issue No. 1: Change the Required Parts Cost in the Compliance 
Section

    EADS SOCATA comments the cost for the parts required to do the 
actions in the proposed AD are totally out of proportion. EADS SOCATA 
states the application of SB 70-130, ATA No. 32, dated January 2006, 
requires only two cotter pins and this cost is negligible.
    The proposed AD states it will take approximately $125,600 to 
comply with the AD.

[[Page 7577]]

    In our cost estimate, we grouped all actions required to comply 
with the AD, including replacement of any MLG found cracked. We have 
since learned from EADS SOCATA that labor and parts costs for any 
cracked MLG will be provided under warranty. We will modify the Costs 
of Compliance section to reflect the 3 work-hours to do the inspection 
and the warranty coverage for the replacement MLG.

Comment Issue No. 2: Change the Number of Work-Hours in the Compliance 
Section

    EADS SOCATA comments they have established, by applying the service 
bulletin, it takes 2 work-hours per product to perform an eddy current 
inspection, and it takes 3 work-hours per product to perform a dye 
penetrant or fluorescent penetrant inspection.
    The proposed AD states it will take approximately 18 work-hours to 
comply with the AD.
    In our cost estimate, we grouped all actions required to comply 
with the AD, including replacement of any MLG found cracked. We have 
since learned from EADS SOCATA that labor and parts costs for any 
cracked MLG will be provided under warranty. We will modify the Costs 
of Compliance section to reflect the 3 work-hours to do the inspection 
and the warranty coverage for the replacement MLG.

Comment Issue No. 3: Change the Compliance Time

    EADS SOCATA comments that SB 70-130, ATA No. 32, dated January 
2006, specifies for MLG with forging body totaling more than 3,500 
landings to inspect the forging body within 25 landings after issuance 
of the service bulletin. However, the proposed AD lowers the limit to 
3,475 landings. EADS SOCATA states the limit of 3,500 landings was 
established by analysis considering all necessary margins.
    EADS SOCATA requests the FAA change paragraph (e)(2) to read, ``For 
MLG with forging body totaling more than 3,500 landings:'' or explain 
the reason for the difference in the FAA AD Differences section.
    After evaluating the service bulletin further, we agree with the 
language presented by the commenter. We will change the final rule AD 
action based on this comment.

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 a U.S. court of 
law. 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 
described in a separate paragraph of the AD. These requirements, if 
any, take precedence over the actions copied from the MCAI.

Costs of Compliance

    We estimate that this AD will affect 272 products of U.S. registry. 
We also estimate that it will take about 3 work-hours per product to 
comply with the basic requirements (inspection) of this AD. The average 
labor rate is $80 per work-hour. Based on these figures, we estimate 
the cost of the basic requirements of this AD to the U.S. operators to 
be $65,280, or $240 per product.
    In addition, follow-on actions (possible MLG replacement) would be 
covered by EADS SOCATA under warranty (both parts and labor). We have 
no way of determining the number of airplanes that would need this 
action.

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 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:

2007-04-13 EADS SOCATA: Amendment 39-14945; Docket No. FAA-2006-
26235; Directorate Identifier 2006-CE-65-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective March 
23, 2007.

[[Page 7578]]

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model TBM 700 airplanes, serial numbers 1 
through 9999, certificated in any category.

Reason

    (d) The mandatory continuing airworthiness information (MCAI) 
states reports of cracks found on several main landing gear (MLG) 
cylinders. If not detected and corrected, fatigue cracks in the 
shock strut cylinder of the MLG could result in a collapsed MLG 
during takeoff or landing, and possible reduced structural integrity 
of the airplane.

Actions and Compliance

    (e) Unless already done, do the following actions.
    (1) As of March 23, 2007 (the effective date of this AD), for 
MLG with forging body totaling more than 1,750 landings but less 
than 3,501 landings since new:
    (i) Inspect the forging body for cracks within 100 landings 
after March 23, 2007 (the effective date of this AD) in accordance 
with the accomplishment instructions of EADS SOCATA TBM Aircraft 
Mandatory Service Bulletin SB 70-130, ATA No. 32, dated January 
2006.
    (ii) If no cracks are detected, repetitively inspect thereafter 
every 175 landings.
    (2) As of March 23, 2007 (the effective date of this AD), for 
MLG with forging body totaling more than 3,500 landings since new:
    (i) Inspect the forging body for cracks within 25 landings after 
March 23, 2007 (the effective date of this AD) in accordance with 
the accomplishment instructions of EADS SOCATA TBM Aircraft 
Mandatory Service Bulletin SB 70-130, ATA No. 32, dated January 
2006.
    (ii) If no cracks are detected, repetitively inspect thereafter 
every 175 landings.
    (3) If any cracks are detected during any inspection required in 
paragraph (e) of this AD:
    (i) Before further flight, remove the affected landing gear leg 
and confirm the presence of the crack with dye penetrant inspection 
or fluorescent penetrant inspection.
    (ii) If the crack is confirmed, before further flight, contact 
EADS SOCATA to coordinate the landing gear repair/replacement and 
then conform to any instruction stated by EADS SOCATA.
    (4) If you do not know the number of landings, follow the 
instructions in the Compliance section of EADS SOCATA TBM Aircraft 
Mandatory Service Bulletin SB 70-130, ATA No. 32, dated January 
2006.

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, Small Airplane Directorate, ATTN: Albert J. 
Mercado, Aerospace Engineer, 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.
    (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 MCAI European Aviation Safety Agency (EASA) AD No. 
2006-0085, dated April 12, 2006, for related information.

Material Incorporated by Reference

    (h) You must use EADS SOCATA TBM Aircraft Mandatory Service 
Bulletin SB 70-130, ATA No. 32, dated January 2006, 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 62.41.76.54.
    (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 February 8, 2007.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 07-670 Filed 2-15-07; 8:45 am]
BILLING CODE 4910-13-P