AD 2007-05-18

[Federal Register Volume 72, Number 45 (Thursday, March 8, 2007)]
[Rules and Regulations]
[Pages 10342-10344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-3990]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-26233; Directorate Identifier 2006-CE-63-AD; 
Amendment 39-14979; AD 2007-05-18]
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 the 
finding of an improper geometry of some pulley brackets, which can 
offset the cable in the sheave. We are issuing this AD to require 
actions to correct the unsafe condition on these products.

DATES: This AD becomes effective April 12, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of April 12, 
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 7, 2006 (71 
FR 70908). That NPRM proposed to require a detailed inspection of the 
aileron control cable pulleys and brackets, and apply corrective 
actions as necessary.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We have considered the comments received.
    EADS SOCATA believes the FAA should reference the changes in the 
NPRM of the compliance time from 10 hours time-in-service (TIS) in the 
MCAI and service bulletin to 50 hours TIS in the NPRM in the ``FAA AD 
Differences'' section.
    The FAA sometimes needs to change compliance times for 
enforceability reasons. We normally do not include that as an FAA AD 
Difference in an AD action, unless it affects the actions being done. 
However, since this compliance time change was significant, we will 
note it as a difference. The difference will state that the MCAI and 
service bulletin requires the action at 10 hours TIS. Typically, this 
short of a compliance time would indicate an unsafe condition requiring 
urgent action. However, we did not consider this unsafe condition to be 
an urgent safety of flight condition and issued this action through the 
normal notice of proposed rulemaking (NPRM) AD process. The time of 50 
hours TIS is an adequate compliance for this AD action and met the FAA 
requirements of an NPRM followed by a final rule.
    EADS SOCATA comments that EADS SOCATA TBM Aircraft Mandatory 
Service Bulletin SB 70-134, dated July 2005, is not an Alert.
    The FAA agrees and changes the reference to the service information 
in the final rule.
    EADS SOCATA states that the costs of the required parts is about 
$450 per product and not the $8,600 per product that is in the Costs of 
Compliance section of the NPRM. EADS SOCATA also estimates that it 
would take 2.5 work-hours to inspect and 8.5 work-hours to replace the 
nonconforming parts, if necessary. This total of 11 work-hours is less 
than the 12 work-hours that the FAA estimates in the NPRM.
    The FAA agrees and has changed the Costs of Compliance section in 
the final rule to reflect the above costs.

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.

[[Page 10343]]

    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 55 products of U.S. registry. 
We also estimate that it will take about 11 work-hours per product to 
comply with this AD. The average labor rate is $80 per work-hour. 
Required parts will cost about $450 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 $73,150, or 
$1,330 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 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]

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2. The FAA amends Sec.  39.13 by adding the following new AD:

2007-05-18 EADS SOCATA: Amendment 39-14979; Docket No. FAA-2006-
26233; Directorate Identifier 2006-CE-63-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective April 
12, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model TBM 700 airplanes, serial numbers 
261 through 268 and 270 through 323, certificated in any category.

Reason

    (d) The mandatory continuing airworthiness information (MCAI) 
states the finding of an improper geometry of some pulley brackets, 
which can offset the cable in the sheave. If not corrected, this 
could reduce the ability to control the roll of the aircraft.

Actions and Compliance

    (e) Unless already done, within the next 50 hours time-in-
service after April 12, 2007 (the effective date of this AD), 
accomplish a detailed inspection of the aileron control cable 
pulleys and brackets, and apply corrective actions as necessary, 
following EADS SOCATA Mandatory Service Bulletin SB 70-134, dated 
July 2005.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: The MCAI and service bulletin require the action at 10 
hours TIS. We consider 10 hours TIS as an urgent safety of flight 
compliance time, and we do not consider this unsafe condition to be 
an urgent safety of flight condition. Because we do not consider 
this unsafe condition to be an urgent safety of flight condition, we 
issued this action through the normal notice of proposed rulemaking 
(NPRM) AD process. The time of 50 hours TIS is an adequate 
compliance for this AD action and met the FAA requirements of an 
NPRM followed by a final rule.

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 Safety 
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.
    (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 g[eacute]n[eacute]rale de l'aviation 
civile (DGAC) Airworthiness Directive No. F-2005-133, dated August 
3, 2005, for related information.

Material Incorporated by Reference

    (h) You must use EADS SOCATA TBM Aircraft Mandatory Service 
Bulletin SB 70-134, dated July 2005, 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; or SOCATA 
AIRCRAFT, INC., North Perry Airport, 7501 South Airport Rd.,

[[Page 10344]]

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 March 1, 2007.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
 [FR Doc. E7-3990 Filed 3-7-07; 8:45 am]
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