[Federal Register Volume 74, Number 169 (Wednesday, September 2, 2009)]
[Proposed Rules]
[Pages 45381-45383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21145]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

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.

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

[[Page 45381]]



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:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> 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

[[Page 45382]]

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.


Sec.  39.13  [Amended]

    2. The FAA amends Sec.  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;

[[Page 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]
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