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###### Department of Transportation

###### Federal Aviation Administration

          - 14 CFR Part 39
          - [Docket No. FAA-2006-26180; Directorate Identifier 2006-CE-59-AD]
          - RIN 2120-AA64

# 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. This proposed 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 discovery of propeller control cables with a defective crimping. Two cable ends were found uncrimped at the factory after an engine run-up test, and one cable end was also found uncrimped on the first 100 hour aircraft maintenance check. 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 December 28, 2006.

# ADDRESSES:

You may send comments by any of the following methods:
      -  DOT Docket Web Site:                          Go to                          http://dms.dot.gov                          and follow the instructions for sending your comments electronically.                    
      -  Fax:                          (202) 493-2251.                    
      -  Mail:                          Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590-0001.                    
      -  Hand Delivery:                          Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.                    
      -  Federal eRulemaking Portal: http://www.regulations.gov.                          Follow the instructions for submitting comments.                     

## 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 this proposed AD, 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.                

# 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                           ( print page 68765)                        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.-certified products.                

This proposed AD references the MCAI and related service information that we considered in forming the engineering basis to correct the unsafe condition. The proposed AD contains text copied from the MCAI and for this reason might not follow our plain language principles.

## 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-2006-26180; Directorate Identifier 2006-CE-59-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://dms.dot.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

The Direction Générale de l'Aviation Civile, which is the aviation authority for France, has issued French AD No. F-2004-175, dated November 10, 2004, (referred to after this as “MCAI”), to correct an unsafe condition for the specified products. The MCAI states the discovery of propeller control cables with a defective crimping. Two cable ends were found uncrimped at the factory after an engine run-up test, and one cable was also found uncrimped on the first 100-hour time-in-service aircraft maintenance check. If not corrected, an incorrect crimping of the propeller control lever cable could generate a decrease of the propeller revolutions per minute which could result in loss of power. As for the fuel control manual override, this condition has no consequence on operation. The MCAI requires you to check the batch number and/or replace the control cables. You may obtain further information by examining the MCAI in the AD docket.

## Relevant Service Information

EADS SOCATA has issued EADS SOCATA TBM Aircraft Mandatory Alert Service Bulletin SB 70-123, ATA No. 76, dated October 2004. The actions described in 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 country, and is approved for operation in the United States. Pursuant to our bilateral agreements 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 described in a separate paragraph of the proposed AD. These requirements, if ultimately adopted, will take precedence over the actions copied from the MCAI.

## Costs of Compliance

Based on the service information, we estimate that this proposed AD would affect about 20 products of U.S. registry. We also estimate that it would take about 9 work-hours per product to comply with the proposed AD. The average labor rate is $80 per work-hour. Required parts would cost about $2,200 per product. Where the service information lists required parts cost that are covered under warranty, we have assumed that there will be no charge for these costs. 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 the proposed AD on U.S. operators to be $58,400, or $2,920 per product.

## Authority for This Rulemaking

Title 49 of the United States Code specifies the FAA's authority to issue roles 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 regulations 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 Regulator 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
      - 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:

      ( print page 68766)    

# 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 

2. The FAA amends § 13.13 by adding the following new AD:

**EADS SOCATA:**                                 Docket No. FAA-2006-26180; Directorate Identifier 2006-CE-59-AD.                            

## Comments Due Date

(a) We must receive comments by December 28, 2006.

## Affected ADs

(b) None.

## Applicability

(c) This AD applies to Model TBM 700 airplanes, serial numbers 285 through 304 and 307, certificated in any category.

## Reason

(d) The mandatory continuing airworthiness information (MCAI) states the discovery of propeller control cables with a defective crimping. Two cable ends were found uncrimped at the factory after an engine run-up test, and one cable end was also found uncrimped on the first 100-hour time-in-service aircraft maintenance check. If not corrected, as incorrect crimping of the propeller control lever cable could generate a decrease of the propeller revolutions per minute which could result in loss of power.

## Actions and Compliance

(e) Unless already done, within the next 50 hours time-in-service (TIS), inspect for the batch number identification and replace defective control cables as necessary in accordance with the paragraph B. of the “ACCOMPLISHMENT INSTRUCTIONS” of EADS SOCATA TBM Aircraft Mandatory Alert Service Bulletin SB 70-123, ATA No. 76, dated October 2004.

## FAA AD Differences

# Note:

This AD differs from the MCAI and/or service information as follows:

(a) The requirement of paragraph 3.1 for the operational procedure was based on the urgency in November 2004. However, in November 2006, this action is not necessary.

(2) For the requirement of paragraph 3.2, the seriousness of the condition warrants a compliance time of 50 hours TIS instead of 25 hours TIS.

## 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 part 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 Director Générale de l' Aviation Civile Airworthiness Directive No. F-2004-175, dated November 10, 2004, and EADS SOCATA TBM Aircraft Mandatory Alert Service Bulletin SB 70-123, ATA No. 76, dated October 2004, for related information.

Issued in Kansas City, Missouri, on November 20, 2006.

David R. Showers,

Acting Manager, Small Airplane Directorate, Aircraft Certification Service.

[FR Doc. 06-9429 Filed 11-27-06; 8:45 am]

BILLING CODE 4910-13-M