16660 Federal Register / Vol. 75, No. 63 / Friday, April 2, 2010 / Rules and Regulations 

Related Information 

(h) Refer to MCAI European Aviation 

Safety Agency Airworthiness Directive 2009– 

0111, dated May 13, 2009; and Airbus 

Mandatory Service Bulletin A300–27–0201, 

dated March 9, 2009; for related information. 

Material Incorporated by Reference 

(i) You must use Airbus Mandatory Service 

Bulletin A300–27–0201, including 

Appendices 1, 2, and 3, dated March 9, 2009, 

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 Airbus SAS—EAW 

(Airworthiness Office), 1 Rond Point Maurice 

Bellonte, 31707 Blagnac Cedex, France; 

telephone +33 5 61 93 36 96; fax +33 5 61 

93 44 51; e-mail: account.airwortheas@airbus.com; Internet http:// 

www.airbus.com. 

(3) You may review copies of the service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, call 

425–227–1221. 

(4) You may also review copies of the 

service information that is incorporated by 

reference 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/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Renton, Washington, on March 

25, 2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–7371 Filed 4–1–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–1256 Directorate 

Identifier 2009–CE–064–AD; Amendment 

39–16252; AD 2010–07–07] 

RIN 2120–AA64 

Airworthiness Directives; SOCATA 

Model TBM 700 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

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: 

It has been discovered that the foam inside 

the towing bar box is not conformed to the 

certification specification, and especially the 

flame resistance properties. 

In case of fire in the front baggage 

compartment, the non conformed foam could 

rapidly propagate the flames and/or emit 

toxic fumes in the cabin. 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective May 

7, 2010. 

On May 7, 2010, the Director of the 

Federal Register approved the 

incorporation by reference of certain 

publications listed in this AD. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov or in person at 

Document Management Facility, U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590. 

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: 

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 January 4, 2010 (75 FR 89). 

That NPRM proposed to correct an 

unsafe condition for the specified 

products. The MCAI states: 

It has been discovered that the foam inside 

the towing bar box is not conformed to the 

certification specification, and especially the 

flame resistance properties. 

In case of fire in the front baggage 

compartment, the non conformed foam could 

rapidly propagate the flames and/or emit 

toxic fumes in the cabin. 

For the reason stated above the AD 2009– 

0238–E, as a temporary measure, mandated 

the removal of the foam, pending a foam 

change. 

This AD revision is issued to reduce the 

original AD applicability and to introduce 

the optional installation of new foam pads in 

the tow bar stowage box. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

considered the comments received. 

Comment Issue No. 1: Optional Final 

Solution 

DAHER–SOCATA comments that 

SOCATA Service Bulletin (SB) 70–179, 

Amendment 1, dated January 2010, was 

issued. That amendment contains a final 

solution. If the EASA AD issues before 

the comment end date of the NPRM for 

this AD action, the commenter requests 

that we include the required terminating 

action in our AD as specified in the 

amended service information. 

The FAA partially agrees with this 

comment. The FAA agrees that 

following the issuance of the NPRM, 

EASA issued a revision to the AD to 

allow the optional installation of new 

foam pads part number (P/N) 

T700C091000610100 in the tow bar 

storage box in accordance with the 

Accomplishment Instructions of SB No. 

70–179, Amendment 1, dated January 

2010. The FAA disagrees with making 

the installation of the new foam pads 

P/N T700C091000610100 a required 

action since the EASA AD made it an 

optional action. 

We are changing the final rule AD 

action to include this option. 

Comment Issue No. 2: Costs of 

Compliance 

DAHER–SOCATA comments that the 

costs in the Costs of Compliance section 

are not in accordance with those given 

in the service bulletin. It would take 

about 10 work-minutes per product 

instead of .5 work-hour to remove the 

wrong foam pad and to replace it with 

the new one. The cost should be only 

$13 for an average labor rate and 

consequently $2,132 for all U.S. 

operators. 

The FAA agrees that it would only 

take 10 work-minutes. However, in 

regards to cost, our practice is to apply 

.5 hour as the minimum estimated 

work-hour for labor. This minimum was 

used in determining the cost of 

compliance for the AD. 

We are not changing this final rule AD 

action based on this comment. 

Conclusion 

We reviewed the available data, 

including the comment 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 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
Federal Register / Vol. 75, No. 63 / Friday, April 2, 2010 / Rules and Regulations 16661 

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 required 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 AD. 

Costs of Compliance 

We estimate that this AD will affect 

164 products of U.S. registry. We also 

estimate that it will take about .5 workhour per product to comply with the 

basic requirements of this AD. The 

average labor rate is $85 per work-hour. 

Based on these figures, we estimate 

the cost of this AD to the U.S. operators 

to be $6,970 or $42.50 per product. 

In addition, we estimate that the 

optional follow-on action would take 

about .5 work-hour and require parts 

costing $164, for a cost of $206.50 per 

product. We have no way of 

determining the number of products 

that may need these actions. 

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:// 

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 the NPRM, 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. 

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 FAA amends 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 adding 

the following new AD: 

2010–07–07 SOCATA: Amendment 39– 

16252; Docket No. FAA–2009–1256; 

Directorate Identifier 2009–CE–064–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective May 7, 2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Model TBM 700 

airplanes, serial numbers (S/N) 331 through 

530, 534, and 539, certificated in any 

category. 

Subject 

(d) Air Transport Association of America 

(ATA) Code 9: Towing and Taxiing. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

It has been discovered that the foam inside 

the towing bar box is not conformed to the 

certification specification, and especially the 

flame resistance properties. 

In case of fire in the front baggage 

compartment, the non conformed foam could 

rapidly propagate the flames and/or emit 

toxic fumes in the cabin. 

For the reason stated above the 

Airworthiness Directive (AD), as a temporary 

measure, mandates the removal of the foam, 

pending a foam change. 

Actions and Compliance 

(f) Unless already done, within the next 20 

hours time-in-service after May 7, 2010 (the 

effective date of this AD) or within the next 

30 days after May 7, 2010 (the effective date 

of this AD), whichever occurs first, remove 

the foam from the towing bar stowage box 

following either SOCATA Mandatory Service 

Bulletin SB 70–179, dated October 2009, or 

SOCATA Mandatory Service Bulletin SB 70– 

179, Amendment 1, dated January 2010. 

(g) You may as an option, install new foam 

pads part number T700C091000610100 in the 

tow bar storage box following the 

Accomplishment Instructions of SOCATA 

Mandatory Service Bulletin SB 70–179, 

Amendment 1, dated January 2010. 

FAA AD Differences 

Note: This AD differs from the MCAI and/ 

or service information as follows: No 

differences. 

Other FAA AD Provisions 

(h) 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; 

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. 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
16662 Federal Register / Vol. 75, No. 63 / Friday, April 2, 2010 / Rules and Regulations 

Related Information 

(i) Refer to MCAI European Aviation Safety 

Agency (EASA) AD No.: 2009–0238R1, dated 

February 11, 2010; SOCATA Mandatory 

Service Bulletin SB 70–179, dated October 

2009, and SOCATA Mandatory Service 

Bulletin SB 70–179, Amendment 1, dated 

January 2010, for related information. 

Material Incorporated by Reference 

(j) You must use either SOCATA 

Mandatory Service Bulletin SB 70–179, dated 

October 2009; or SOCATA Mandatory 

Service Bulletin SB 70–179, Amendment 1, 

dated January 2010; 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 DAHER–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; Internet: http:// 

mysocata.com. 

(3) You may review copies of the service 

information incorporated by reference for 

this AD at the FAA, Central Region, Office of 

the Regional Counsel, 901 Locust, Kansas 

City, Missouri 64106. For information on the 

availability of this material at the Central 

Region, call (816) 329–3768. 

(4) You may also review copies of the 

service information incorporated by reference 

for this AD 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/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Kansas City, Missouri, on March 

22, 2010. 

James E. Jackson, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–6788 Filed 4–1–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–1259; Directorate 

Identifier 2009–NE–41–AD; Amendment 39– 

16253; AD 2010–07–08] 

RIN 2120–AA64 

Airworthiness Directives; Kelly 

Aerospace Energy Systems, LLC 

Rebuilt Turbochargers 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

Kelly Aerospace Energy Systems, LLC 

(KAES) rebuilt turbochargers. This AD 

requires removal from service of certain 

part number (P/N) and serial number (S/ 

N) rebuilt turbochargers. This AD 

results from three reports of infant 

mortality turbine wheel failure in 

rebuilt turbochargers, since June of 

2007. We are issuing this AD to prevent 

separation or seizure of the turbocharger 

turbine, which could result in full or 

partial engine power loss, loss of engine 

oil, and smoke in the airplane cabin. 

DATES: This AD becomes effective April 

19, 2010. The Director of the Federal 

Register approved the incorporation by 

reference of certain publications listed 

in the regulations as of April 19, 2010. 

We must receive any comments on 

this AD by June 1, 2010. 

ADDRESSES: Use one of the following 

addresses to comment on this AD: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the instructions for sending your 

comments electronically. 

• Mail: U.S. Docket Management 

Facility, Department of Transportation, 

1200 New Jersey Avenue, SE., West 

Building Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

• Fax: (202) 493–2251. 

Contact Kelly Aerospace Energy 

Systems, LLC, 2900 Selma Highway, 

Montgomery, Alabama 36108; telephone 

(334) 386–5400; fax (334) 386–5450; or 

go to: http://www.kellyaerospace.com, 

for the service information identified in 

this AD. 

FOR FURTHER INFORMATION CONTACT: Gary 

Wechsler, Aerospace Engineer, 

Propulsion, Atlanta Aircraft 

Certification Office, 1701 Columbia 

Avenue, College Park, GA 30337; 

telephone (404) 474–5575; fax (404) 

474–5606. 

SUPPLEMENTARY INFORMATION: In October 

2009, we were made aware by KAES 

that since June 2007, three 

turbochargers rebuilt by KAES have 

failed. Two had turbine wheel head 

separation and the third had a turbine 

shaft seizure. Investigation revealed that 

a steel wire brush was used to remove 

the accumulated coking that had built 

up on these turbine wheels being 

reclaimed for re-use in rebuilt 

turbochargers. This procedure created a 

rough surface finish on the turbine 

wheel shaft that exceeded allowable 

limits. The rough surface finish can 

disrupt the required formation of a 

hydrodynamic layer of oil between the 

shaft and mating bearings. This 

condition, if not corrected, could result 

in separation or seizure of the 

turbocharger turbine, which could result 

in full or partial engine power loss, loss 

of engine oil, and smoke in the airplane 

cabin. 

Relevant Service Information 

We have reviewed and approved the 

technical contents of Kelly Aerospace 

Energy Systems, LLC Service Bulletin 

(SB) No. 039 A, dated February 10, 

2010. That SB identifies the rebuilt 

turbochargers by P/N and S/N that are 

suspect of having a rough shaft surface 

finish exceeding allowable limits. 

FAA’s Determination and Requirements 

of This AD 

The unsafe condition described 

previously is likely to exist or develop 

on other KAES rebuilt turbochargers of 

the same type design. For that reason, 

we are issuing this AD to prevent 

separation or seizure of the turbocharger 

turbine, which could result in full or 

partial engine power loss, loss of engine 

oil, and smoke in the airplane cabin. 

This AD requires removal from service 

of certain P/N and S/N rebuilt 

turbochargers. You must use the service 

information described previously to 

determine what S/N rebuilt 

turbochargers are affected by this AD. 

FAA’s Determination of the Effective 

Date 

Since an unsafe condition exists that 

requires the immediate adoption of this 

AD, we have found that notice and 

opportunity for public comment before 

issuing this AD are impracticable, and 

that good cause exists for making this 

amendment effective in less than 30 

days. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety and 

was not preceded by notice and an 

opportunity for public comment; 

however, we invite you to send us any 

written relevant data, views, or 

arguments regarding this AD. Send your 

comments to an address listed under 

ADDRESSES. Include ‘‘AD Docket No. 

FAA–2009–1259; Directorate Identifier 

2009–NE–41–AD’’ in the subject line of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of the rule that might suggest a 

need to modify it. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact with FAA 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1