This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

45381 

Vol. 74, No. 169 

Wednesday, September 2, 2009 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0557; Directorate 

Identifier 2009–CE–031–AD] 

RIN 2120–AA64 

Airworthiness Directives; SOCATA 

Model TBM 700 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 that would revise 

an existing AD. This proposed AD 

results from mandatory continuing 

airworthiness information (MCAI) 

originated 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: 

During a SOCATA flight test, it has been 

noted some difficulties for the pilot to release 

oxygen. 

After investigation it has been found that, 

due to the design of the oxygen generator 

release pin, one of the mask’s lanyard linked 

to the pin can be jammed when it is pulled 

by a pilot or a passenger. 

This condition, if not corrected, would 

lead, in case of an emergency procedure due 

to decompression, to a risk of generator fault 

with subsequent lack of oxygen on crew and/ 

or passenger. 

For the reasons described above * * *. 

This revision has been released to 

clarify the applicability. 

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 October 19, 2009. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.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) 647–5527) is in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

FOR FURTHER INFORMATION CONTACT: 

Albert 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: 

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–2009–0557; Directorate Identifier 

2009–CE–031–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:// 

regulations.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 

On June 10, 2009, we issued AD 

2009–13–05, Amendment 39–15944 (74 

FR 29126, June 19, 2009). That AD 

required actions intended to address an 

unsafe condition on the products listed 

above. 

Since we issued AD 2009–13–05, 

SOCATA reported that an additional 

serial number not affected by the unsafe 

condition was inadvertently included in 

the applicability for the European 

Aviation Safety Agency (EASA) AD. As 

a result, we included that additional 

serial number in AD 2009–13–05. 

EASA, which is the Technical Agent 

for the Member States of the European 

Community, has issued AD No. 2009– 

0096R1, dated July 10, 2009, (referred to 

after this as ‘‘the MCAI’’), to correct an 

unsafe condition for the specified 

products. The MCAI states: 

During a SOCATA flight test, it has been 

noted some difficulties for the pilot to release 

oxygen. 

After investigation it has been found that, 

due to the design of the oxygen generator 

release pin, one of the mask’s lanyard linked 

to the pin can be jammed when it is pulled 

by a pilot or a passenger. 

This condition, if not corrected, would 

lead, in case of an emergency procedure due 

to decompression, to a risk of generator fault 

with subsequent lack of oxygen on crew and/ 

or passenger. 

For the reason described above, SOCATA 

has released Pilot Operating Handbook (POH) 

Temporary Revision (TR) 03 which asks, in 

case of failure to release oxygen, to pull on 

the other mask lanyard in order to activate 

the oxygen generator. 

This revision has been released to clarify 

the applicability. 

A SOCATA modification enabling to solve 

this issue is under preparation. Once this 

modification has been release, this AD is 

expected to be revised to confirm the 

acceptability of that modification. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

SOCATA has issued SOCATA TBM 

700 A & B Pilot Operating Handbook 

(POH), Temporary Revision No. 3, dated 

March 2009. The actions described in 

page 3.13.5 of 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 


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45382 Federal Register / Vol. 74, No. 169 / Wednesday, September 2, 2009 / Proposed Rules 

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 

highlighted in a Note within the 

proposed AD. 

Costs of Compliance 

We estimate that this proposed AD 

will affect 147 products of U.S. registry. 

We also estimate that it would take 

about 0.5 work-hour per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $80 per work-hour. 

Based on these figures, we estimate 

the cost of the proposed AD on U.S. 

operators to be $5,880, or $40 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, Incorporation by reference, 

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. 

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by 

removing Amendment 39–15944 (74 FR 

29126, June 19, 2009), and adding the 

following new AD: 

SOCATA: Docket No. FAA–2009–0557; 

Directorate Identifier 2009–CE–031–AD. 

Comments Due Date 

(a) We must receive comments by October 

19, 2009. 

Affected ADs 

(b) This AD revises AD 2009–13–05; 

Amendment 39–15944. 

Applicability 

(c) This AD applies to the following model 

and serial number airplanes that are: 

(i) Certificated in any category; and 

(ii) Equipped with a chemical oxygen 

generation system. 

Model Serial Nos. 

TBM 700 1 through 204, 206 through 239, 

and 241 through 243. 

Subject 

(d) Air Transport Association of America 

(ATA) Code 35: Oxygen. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

During a SOCATA flight test, it has been 

noted some difficulties for the pilot to release 

oxygen. 

After investigation it has been found that, 

due to the design of the oxygen generator 

release pin, one of the mask’s lanyard linked 

to the pin can be jammed when it is pulled 

by a pilot or a passenger. 

This condition, if not corrected, would 

lead, in case of an emergency procedure due 

to decompression, to a risk of generator fault 

with subsequent lack of oxygen on crew and/ 

or passenger. 

For the reason described above, SOCATA 

has released Pilot Operating Handbook (POH) 

Temporary Revision (TR) 03 which asks, in 

case of failure to release oxygen, to pull on 

the other mask lanyard in order to activate 

the oxygen generator. 

This revision has been released to clarify 

the applicability. 

A SOCATA modification enabling to solve 

this issue is under preparation. Once this 

modification has been release, this AD is 

expected to be revised to confirm the 

acceptability of that modification. 

Actions and Compliance 

(f) Unless already done, do the following 

actions. 

(1) Before further flight after July 9, 2009 

(the effective date retained from AD 2009– 

13–05), insert Page 3.13.5 of Temporary 

Revision No. 3, dated March 2009, into the 

Emergency Procedures section and the 

Limitations sections of SOCATA TBM 700 A 

& B Pilot Operating Handbook (POH). 

(2) Under 14 CFR 43.7 of the Federal 

Aviation Administration Regulations (14 CFR 

43.7), the owner/operator holding at least a 

private pilot certificate is allowed to insert 

the temporary revision into the POH. Make 

an entry into the aircraft logbook showing 

compliance with this portion of the AD per 

compliance with section 43.9 of the Federal 

Aviation Regulations (14 CFR 43.9). 

FAA AD Differences 

Note: This AD differs from the MCAI and/ 

or service information as follows: No 

differences. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, Standards Office, 

FAA, has the authority to approve AMOCs 

for this AD, if requested using the procedures 

found in 14 CFR 39.19. Send information to 

Attn: Albert Mercado, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 


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Federal Register / Vol. 74, No. 169 / Wednesday, September 2, 2009 / Proposed Rules 45383 

telephone: (816) 329–4119; fax: (816) 329– 

4090. 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 

(h) Refer to MCAI European Aviation 

Safety Agency (EASA) AD No. 2009–0096R1, 

dated July 10, 2009, and SOCATA TBM 700 

A & B Pilot Operating Handbook (POH), 

Temporary Revision No. 3, dated March 

2009, for related information. 

Issued in Kansas City, Missouri, on August 

26, 2009. 

Kim Smith, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. E9–21145 Filed 9–1–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Economic Analysis 

15 CFR Part 806 

[Docket No. 090130108–9629–01] 

RIN 0691–AA70 

Direct Investment Surveys: BE–605, 

Quarterly Survey of Foreign Direct 

Investment in the United States— 

Transactions of U.S. Affiliate With 

Foreign Parent 

AGENCY: Bureau of Economic Analysis, 

Commerce. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This proposed rule amends 

regulations of the Bureau of Economic 

Analysis (BEA) setting forth reporting 

requirements for the BE–605 quarterly 

survey of foreign direct investment in 

the United States. The survey obtains 

quarterly sample data on transactions 

and positions between foreign-owned 

U.S. business enterprises (U.S. affiliates) 

and their ‘‘affiliated foreign groups’’ 

(i.e., their foreign parents and foreign 

affiliates of their foreign parents). 

BEA proposes a number of changes to 

the BE–605 survey. BEA proposes to 

discontinue the use of separate forms for 

banks. Beginning with the first quarter 

of 2010, both bank and nonbank U.S. 

affiliates would file Form BE–605. In 

conjunction with this change, BEA 

proposes to change the title of Form BE– 

605. BEA proposes to add and delete 

certain items on the survey form and 

change the reporting criteria. BEA also 

proposes to collect identification 

information for affiliates filing Form 

BE–605 for the first time, and to make 

changes to the BE–605 form and 

instructions to bring them into 

conformity with the recently revised 

annual and benchmark surveys of 

foreign direct investment in the United 

States. 

DATES: Comments on this proposed rule 

will receive consideration if submitted 

in writing on or before 5 p.m. November 

2, 2009. 

ADDRESSES: You may submit comments, 

identified by RIN 0691–AA70, and 

referencing the agency name (Bureau of 

Economic Analysis), by any of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

For agency, select ‘‘Commerce 

Department—all.’’ 

• E-mail: David.Galler@bea.gov. 

• Fax: Office of the Chief, Direct 

Investment Division, (202) 606–5318. 

• Mail: Office of the Chief, Direct 

Investment Division, U.S. Department of 

Commerce, Bureau of Economic 

Analysis, BE–50, Washington, DC 

20230. 

• Hand Delivery/Courier: Office of the 

Chief, Direct Investment Division, U.S. 

Department of Commerce, Bureau of 

Economic Analysis, BE–50, Shipping 

and Receiving, Section M100, 1441 L 

Street NW., Washington, DC 20005. 

Written comments regarding the 

burden-hour estimates or other aspects 

of the collection-of-information 

requirements contained in the proposed 

rule should be sent to both BEA through 

any of the methods above and to the 

Office of Management and Budget 

(OMB), O.I.R.A., Paperwork Reduction 

Project 0608–0009, Attention PRA Desk 

Officer for BEA, via e-mail at 

pbugg@omb.eop.gov, or by FAX at (202) 

395–7245. 

Public Inspection: All comments 

received are a part of the public record 

and will generally be posted to http:// 

www.regulations.gov without change. 

All personal identifying information (for 

example, name, address, etc.) 

voluntarily submitted by the 

commentator may be publicly 

accessible. Do not submit confidential 

business information or otherwise 

sensitive or protected information. BEA 

will accept anonymous comments. 

FOR FURTHER INFORMATION CONTACT: 

David H. Galler, Chief, Direct 

Investment Division, BE–50, Bureau of 

Economic Analysis, U.S. Department of 

Commerce, Washington, DC 20230; 

phone (202) 606–9835. 

SUPPLEMENTARY INFORMATION: This 

proposed rule would amend 15 CFR 

806.15 to set forth the reporting 

requirements for the BE–605 quarterly 

survey of foreign direct investment in 

the United States. The Department of 

Commerce, as part of its continuing 

effort to reduce paperwork and 

respondent burden, invites the general 

public and other Federal agencies to 

comment on proposed and/or 

continuing information collections, as 

required by the Paperwork Reduction 

Act of 1995, 44 U.S.C. 3501–3520 

(‘‘PRA’’). 

The BE–605 survey is a mandatory 

quarterly survey of foreign direct 

investment conducted by BEA under the 

International Investment and Trade in 

Services Survey Act, 22 U.S.C. 3101– 

3108 (‘‘the Act’’). BEA will send BE–605 

survey forms to potential respondents 

each quarter; responses will be due 

within 30 days after the end of each 

quarter, except for the final quarter of 

the fiscal year when reports will be due 

within 45 days of the end of the quarter. 

Description of Changes 

BEA proposes a number of changes to 

the BE–605 survey. First, BEA proposes 

to discontinue the use of separate forms 

for banks. Beginning with the first 

quarter of 2010, both bank and nonbank 

U.S. affiliates would file Form BE–605. 

In conjunction with this change, BEA 

proposes to change the title of Form BE– 

605 to ‘‘Quarterly Survey of Foreign 

Direct Investment in the United States— 

Transactions of U.S. Affiliate with 

Foreign Parent.’’ Changes to language 

and instructions will be made to align 

Form BE–605 with recent changes to the 

annual and benchmark surveys of 

foreign direct investment. 

BEA also proposes to add items to 

Form BE–605 to collect additional 

identification information on U.S. 

affiliates of foreign parents filing the 

survey for the first time. (BEA 

previously collected more extensive 

identification information on the U.S. 

business being established or acquired, 

and on the new foreign owner, through 

Form BE–13, Initial Report on a Foreign 

Person’s Direct or Indirect Acquisition, 

Establishment, or Purchase of the 

Operating Assets, of a Business 


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