AD 2001-23-05

[Federal Register Volume 66, Number 223 (Monday, November 19, 2001)]
[Rules and Regulations]
[Pages 57850-57852]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-28419]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-CE-09-AD; Amendment 39-12502; AD 2001-23-05]
RIN 2120-AA64


Airworthiness Directives; SOCATA--Groupe Aerospatiale Models TB 
9, TB 10, TB 20, TB 21, and TB 200 Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
applies to all SOCATA--Groupe Aerospatiale (SOCATA) Models TB 9, TB 10, 
TB 20, TB 21, and TB 200 airplanes that do not have factory 
Modification 165, any edition, incorporated on the front seats. This AD 
requires you to modify the front seats that have solid metal seat pans. 
This AD is the result of mandatory continuing airworthiness information 
(MCAI) issued by the airworthiness authority for France. The actions 
specified by this AD are intended to eliminate the potential for the 
front seats to inadvertently unlock from their fixed positions. Such 
uncontrolled movement could prevent the pilot from making the necessary 
flight maneuvers to control the airplane.

DATES: This AD becomes effective on January 4, 2002.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the regulations as of 
January 4, 2002.

ADDRESSES: You may get the service information referenced in this AD 
from SOCATA Groupe Aerospatiale, Customer Support, Aerodrome Tarbes-
Ossun-Lourdes, BP 930--F65009 Tarbes Cedex, France; telephone: 011 33 5 
62 41 73 00; facsimile: 011 33 5 62 41 76 54; or the Product Support 
Manager, SOCATA--Groupe Aerospatiale, North Perry Airport, 7501 
Pembroke Road, Pembroke Pines, Florida 33023; telephone: (954) 894-
1160; facsimile: (954) 964-4191. You may view this information at the 
Federal Aviation Administration (FAA), Central Region, Office of the 
Regional Counsel, Attention: Rules Docket No. 2001-CE-09-AD, 901 
Locust, Room 506, Kansas City, Missouri 64106; or at the Office of the 
Federal Register, 800 North Capitol Street, NW., suite 700, Washington, 
DC.

FOR FURTHER INFORMATION CONTACT: Karl Schletzbaum, Aerospace Engineer, 
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4146; facsimile: (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Discussion

    What events have caused this AD? The Direction Generale de 
l'Aviation Civile (DGAC), which is the airworthiness authority for 
France, recently notified FAA that an unsafe condition may exist on all 
SOCATA Models TB 9, TB 10, TB 20, TB 21, and TB 200 airplanes that do 
not have factory Modification 165 incorporated on the front seats. The 
DGAC reports cases where the seat pan interfered with the front seat 
locking mechanism. Interference with the seat locking mechanism could 
result in uncontrolled movement of the front seats.
    This condition does not affect airplanes with factory Modification 
165, any edition, incorporated. This modification consists of cutting a 
slot in the solid metal seat pan to eliminate the interference.
    Has FAA taken any action to this point? We issued a proposal to 
amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to 
include an AD that would apply to all SOCATA--Groupe Aerospatiale 
(SOCATA) Models TB 9, TB 10, TB 20, TB 21, and TB 200 airplanes that do 
not have factory Modification 165, any edition, incorporated on the 
front seats. This proposal was published in the Federal Register as a 
notice of proposed rulemaking (NPRM) on August 24, 2001 (66 FR 44556). 
The NPRM proposed to require you to modify the front seat 
configuration.
    What is the potential impact if FAA took no action? The actions 
specified by this AD are intended to eliminate the potential for the 
front seats to inadvertently unlock from their fixed positions. Such 
uncontrolled movement could prevent the pilot from making the necessary 
flight maneuvers to control the airplane.
    Was the public invited to comment? The FAA encouraged interested 
persons to participate in the making of this amendment. The following 
presents the comments received on the proposal and FAA's response to 
each comment:

Comment Issue No. 1: Manufacturer Estimates 36 Aircraft in the U.S. 
Fleet Are Affected by the Proposed AD

    What is the commenter's concern? The AD affects only certain models 
of seats; commenter estimates that 36 aircraft in the U.S. were 
affected by the AD. The commenter wants FAA to reflect this in the Cost 
Impact section.
    What is FAA's response to the concern? The FAA agrees with the 
manufacturer that this initial estimate is correct. However, it is 
possible that owner/operators might have had modifications made to the 
aircraft later that make them subject to the AD. The FAA will note that 
this AD possibly affects 125 aircraft in the U.S. registry.

Comment Issue No. 2: FAA Better Identify Seats Affected by the AD

    What is the commenter's concern? One commenter states that only 
seats with solid metal seat pans are affected by this AD; seats with a 
mesh seat pan are not affected. The commenter recommended that FAA make 
it clear in the AD what seats are affected.
    What is FAA's response to the concern? The FAA agrees with the 
commenter and will clearly identify that only solid metal seat pans are 
affected by the AD.

FAA's Determination

    What is FAA's final determination on this issue? We carefully 
reviewed all available information related to the subject presented 
above and determined that air safety and the public interest require 
the adoption of the rule as proposed except for the changes discussed 
above and minor editorial questions. We have determined that these 
changes and minor corrections:

--Provide the intent that was proposed in the NPRM for correcting the 
unsafe condition; and
--Do not add any additional burden upon the public than was already 
proposed in the NPRM.

Cost Impact

    How many airplanes does this AD impact? We estimate that this AD 
possibly affects 125 airplanes in the U.S. registry. Of these 125 
airplanes, 36 had the affected seats installed at the manufacturer. The 
other 89 airplanes could have had these seats installed since 
manufacture.
    What is the cost impact of this AD on owners/operators of the 
affected

[[Page 57851]]

airplanes? We estimate the following costs to accomplish the 
modification:

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                                                                Total cost
             Labor cost                      Parts cost            per          Total cost on U.S. operators
                                                                 airplane
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5 workhours  x  $60 per hour = $300.  $58 ($29 per seat, 2           $358.  $358  x  125 = $44,750.
                                       seats per airplane).
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Regulatory Impact

    Does this AD impact various entities? The regulations adopted 
herein 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. Therefore, it is determined that this final rule does not 
have federalism implications under Executive Order 13132.
    Does this AD involve a significant rule or regulatory action? For 
the reasons discussed above, I certify that this action (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. A copy 
of the final evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
Reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (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. FAA amends Sec. 39.13 by adding a new AD to read as follows:

2001-23-05 SOCATA Groupe Aerospatiale: Amendment 39-12502; Docket 
No. 2001-CE-09-AD.

    (a) What airplanes are affected by this AD? This AD affects 
Models TB 9, TB 10, TB 20, TB 21, and TB 200 airplanes, all serial 
numbers, that:
    (1) Do not incorporate factory Modification 165, any edition. 
Modification 165 consists of cutting a slot in the solid metal seat 
pan to eliminate interference with the locking mechanism;
    (2) are equipped with solid metal seat pans; and
    (3) are certificated in any category.
    (b) Who must comply with this AD? Anyone who wishes to operate 
any of the above airplanes must comply with this AD.
    (c) What problem does this AD address? The actions specified by 
this AD are intended to eliminate the potential for the front seats 
to inadvertently unlock from their fixed positions. Such 
uncontrolled movement could prevent the pilot from making the 
necessary flight maneuvers to control the airplane.
    (d) What actions must I accomplish to address this problem? To 
address this problem, you must accomplish the following:

------------------------------------------------------------------------
             Actions                  Compliance          Procedures
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(1) Modify the front seats that   Within the next     In accordance with
 have solid metal seat pans. A     100 hours time-in-  the
 seat that has a mesh seat pan     service (TIS)       Accomplishment
 is not affected and does not      after January 4,    Instructions
 require modification.             2002 (the           section of SOCATA
                                   effective date of   Service Bulletin
                                   the AD).            SB 10-115 25,
                                                       dated December
                                                       2000, and the
                                                       applicable
                                                       maintenance
                                                       manual.
(2) Do not install any of the     As of January 4,    In accordance with
 seats referenced in SOCATA        2002 (the           SOCATA Service
 Service Bulletin SB 10-115 25,    effective date of   Bulletin SB 10-
 dated December 2000 (or FAA-      this AD).           115 25, dated
 approved equivalent part                              December 2000.
 numbers), without incorporating
 the modification required by
 paragraph (d)(1) of this AD.
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    (e) Can I comply with this AD in any other way? You may use an 
alternative method of compliance or adjust the compliance time if:
    (1) Your alternative method of compliance provides an equivalent 
level of safety; and
    (2) The Manager, Small Airplane Directorate, approves your 
alternative. Submit your request through an FAA Principal 
Maintenance Inspector, who may add comments and then send it to the 
Manager, Small Airplane Directorate.

    Note 1: This AD applies to each airplane identified in paragraph 
(a) of this AD, regardless of whether it has been modified, altered, 
or repaired in the area subject to the requirements of this AD. For 
airplanes that have been modified, altered, or repaired so that the 
performance of the requirements of this AD is affected, the owner/
operator must request approval for an alternative method of 
compliance in accordance with paragraph (e) of this AD. The request 
should include an assessment of the effect of the modification, 
alteration, or repair on the unsafe condition addressed by this AD; 
and, if you have not eliminated the unsafe condition, specific 
actions you propose to address it.

    (f) Where can I get information about any already-approved 
alternative methods of compliance? Contact Karl Schletzbaum, 
Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, 
Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4146; 
facsimile: (816) 329-4090.
    (g) What if I need to fly the airplane to another location to 
comply with this AD? The FAA can issue a special flight permit under 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate your airplane to a location where 
you can accomplish the requirements of this AD.
    (h) Are any service bulletins incorporated into this AD by 
reference? Actions required by this AD must be done in accordance 
with SOCATA Service Bulletin SB-10-115-25, dated December 2000. The 
Director of the Federal Register approved this incorporation by 
reference under 5 U.S.C. 552(a) and 1 CFR part 51. You can get 
copies from SOCATA Groupe AEROSPATIALE, Customer Support, Aerodrome 
Tarbes-Ossun-Lourdes, BP 930--F65009 Tarbes Cedex, France; or the 
Product Support Manager, SOCATA--Groupe AEROSPATIALE, North Perry 
Airport, 7501 Pembroke Road, Pembroke Pines, Florida 33023. You can 
look at copies at the FAA, Central Region, Office of the Regional 
Counsel, 901 Locust, Room 506, Kansas City, Missouri, or at the 
Office of the Federal

[[Page 57852]]

Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
    (i) When does this amendment become effective? This amendment 
becomes effective on January 4, 2002.

    Note 2: The subject of this AD is addressed in French AD 2001-
005(A), dated January 10, 2001.


    Issued in Kansas City, Missouri, on November 5, 2001.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 01-28419 Filed 11-16-01; 8:45 am]
BILLING CODE 4910-13-P