[Federal Register Volume 72, Number 50 (Thursday, March 15, 2007)]
[Rules and Regulations]
[Pages 12075-12077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-4383]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-26231; Directorate Identifier 2006-CE-61-AD; 
Amendment 39-14985; AD 2007-06-04]
RIN 2120-AA64


Airworthiness Directives; EADS SOCATA Model TBM 700 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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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 two 
fatigue failures of flap carriage rollpins that occurred on in-service 
airplanes. We are issuing this AD to require actions to correct the 
unsafe condition on these products.

DATES: This AD becomes effective April 19, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of April 19, 
2007.

ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov or in person at the Docket Management Facility, U.S. 
Department of Transportation, 400 Seventh Street, SW., Nassif Building, 
Room PL-401, Washington, DC.

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

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 December 26, 2006 
(71 FR 77310). That NPRM proposed to correct an unsafe condition for 
the specified products. The MCAI states reports of two fatigue failures 
of flap carriage rollpins that occurred on in-service airplanes. The 
MCAI requires inspecting and applying torque values to the rollpins 
nuts.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comments received.

Comment Issue No. 1: Use Consistent Language

    Raymond S. Benischeck comments on this AD due to the fact there is 
inconsistent language regarding the identification of the part in 
question. The commenter states:

    In portions of the NPRM we are told to inspect for a fracture of 
the flap carriage ``ROLLPINS.'' Elsewhere, the correct terminology 
``ROLLER PINS'' is used. The correct terminology should be used 
throughout the document.

    The terminology used within the Discussion and Reason sections was 
copied directly from the associated MCAI. We are currently trying to 
use the language provided to us by the foreign airworthiness authority 
whenever possible. For consistency, we will change the phrase ``roller 
pin'' to ``rollpin'' in the final rule AD action to coincide with the 
MCAI.
    We are changing the final rule AD action based on this comment.

Comment Issue No. 2: Clarify Paragraph (e)(1) of the Proposed AD

    Raymond S. Benischeck comments that clarification may be necessary 
in paragraph (e)(1) of the proposed AD in which instructions are given 
to check for correct torque of the roller pin. Although applying 
correct torque should reveal any discrepancies in this roller pin, the 
actual inspection is for the purposes of detecting broken rollpins.

[[Page 12076]]

    The instructions to do the actions stated in paragraph (e)(1) of 
the proposed AD are included in the referenced service bulletins. The 
AD mandates use of these instructions to comply with the AD.
    We are not changing the final rule AD action based on this comment.

Comment Issue No. 3: Clarify Paragraph (e)(4) of the Proposed AD

    Raymond S. Benischeck comments that a question arises regarding 
paragraph (4) of the proposed AD. Will aircraft in compliance with SB 
70-138 still be required to perform the initial inspection before 
terminating action is considered to be in place? The statement ``no 
further action is required'' could be confusing since it seems to 
indicate at least one inspection for rollpin torque has been 
accomplished. If these aircraft are exempt from the inspection portion, 
the exception might better be noted in the serial number applicability 
portion in paragraph (c) of the proposed AD.
    Both the MCAI and this AD state to do the action following SB70-
122, which specifies in the Compliance section that those airplanes in 
compliance with SB 70-138 are not affected. In paragraph (e)(4) of the 
proposed AD, we restated this information. If we put the statement in 
the Applicability section, we would also have to add a statement about 
compliance with SB70-122 for consistency. We usually do not reference 
in the Applicability section that the AD exempts those airplanes that 
have already complied with the service bulletin we are referencing in 
the AD. We have determined that the phrase ``unless already done'' in 
the AD, as well as the statement in paragraph (e)(4) of the proposed 
AD, sufficiently communicates the necessary information.
    We are not changing the final rule AD action based on this comment.

Comment Issue No. 4: Update Costs of Compliance

    EADS Socata comments the proposed AD specifies that required parts 
would cost about $100. Application of SB70-122 requires 4 cotter pins. 
This cost is negligible.
    EADS Socata also comments the proposed AD specifies that it would 
take about 1 work-hour per product. EADS Socata estimates that it would 
take 0.5 work-hour per product to inspect all flap inboard carriage 
rollpins.
    We agree with the commenter. We will change the Costs of Compliance 
section to reflect the above figures, using a work-hour number of 0.5 
and a cost of parts number of $5 (negligible).
    We are changing the final rule AD action based on this comment.

Comment Issue No. 5: Change the Applicability Section and Incorporate 
Revised Service Information

    EADS Socata comments the proposed AD applies to Model TBM700 
airplanes, serial numbers 1 through 268, and 270 through 327. But SB70-
122, Amendment 1, applies only to Model TBM700 airplanes, serial 
numbers 1 through 268, and 270 through 327, totaling more than 2,500 
landings.
    Moreover, due to a new occurrence, EADS Socata has decided to lower 
this threshold to 1,500 landings and issued Amendment 2 of SB70-122, 
which includes this new threshold.
    The AD should be modified to incorporate the revised service 
information and change the Applicability section to read as follows: 
This AD applies to Model TBM700 airplanes, serial numbers 1 through 
268, and 270 through 327, totaling more than 1,500 landings.
    We acknowledge the above compliance time. However, we did not 
incorporate a threshold into the NPRM. We used the compliance time of 
100 hours time-in-service for all affected airplanes based on the type 
of condition and the fact that the torque value of the rollpins could 
be incorrect regardless of the amount of hours on the airplane.
    The instructions for doing the actions required by this AD are the 
same in Amendment 1 and Amendment 2 of SB70-122; therefore, we will 
incorporate by reference Amendment 2 of SB70-122 into the final rule AD 
action.

Conclusion

    We reviewed the available data, including the comments 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 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 a U.S. court of 
law. 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 
described in a separate paragraph of the AD. These requirements, if 
any, take precedence over the actions copied from the MCAI.

Costs of Compliance

    We estimate that this AD will affect 221 products of U.S. registry. 
We also estimate that it will take about .5 work-hours per product to 
comply with this AD. The average labor rate is $80 per work-hour. 
Required parts will cost about $5 (neglible) per product. Where the 
service information lists required parts costs that are covered under 
warranty, we have assumed that there will be no charge for these parts. 
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 this AD to the U.S. operators to be 
$9,945 or $45 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 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;

[[Page 12077]]

    (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://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 the NPRM, 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.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2007-06-04 EADS SOCATA: Amendment 39-14985; Docket No. FAA-2006-
26231; Directorate Identifier 2006-CE-61-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective April 
19, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model TBM 700 airplanes, serial numbers 1 
through 268, and 270 through 327, certificated in any category.

Reason

    (d) The mandatory continuing airworthiness information (MCAI) 
states reports of two fatigue failures of flap carriage rollpins 
that occurred on in-service airplanes.

Actions and Compliance

    (e) Unless already done, do the following actions.
    (1) Within the next 100 hours time-in-service (TIS) after April 
19, 2007 (the effective date of this AD), inspect all flap inboard 
carriage rollpins for proper torque values and correct as necessary 
before further flight.
    (2) Repeat these inspections thereafter at intervals not to 
exceed 100 hours TIS and correct as necessary before further flight 
after the inspection in which a correction is necessary.
    (3) Accomplish these actions according to the instructions given 
in EADS SOCATA TBM Aircraft Mandatory Service Bulletin SB 70-122, 
Amendment 1, dated March 2006, or EADS SOCATA TBM Aircraft Mandatory 
Service Bulletin SB 70-122, Amendment 2, dated January 2007, and the 
applicable maintenance manual.
    (4) If both flap inboard carriages have been replaced following 
EADS SOCATA TBM Aircraft Mandatory Service Bulletin SB 70-138, dated 
March 2006, no further action is required. Make an entry in the 
logbook to show compliance with this AD.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (f) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Standards Staff, FAA, Small Airplane Directorate, ATTN: Albert J. 
Mercado, Aerospace Engineer, 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 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

    (h) Refer to MCAI Direction g[eacute]n[eacute]rale de l'aviation 
civile AD No. F-2005-017, Issue date: January 19, 2005, for related 
information.

Material Incorporated by Reference

    (i) You must use EADS SOCATA TBM Aircraft Mandatory Service 
Bulletin SB 70-122, Amendment 1, dated March 2006, or EADS SOCATA 
TBM Aircraft Mandatory Service Bulletin SB 70-122, Amendment 2, 
dated January 2007, 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 EADS 
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; or SOCATA 
AIRCRAFT, INC., North Perry Airport, 7501 South Airport Rd., 
Pembroke Pines, FL 33023; telephone: (954) 893-1400; fax: (954) 964-
4141.
    (3) You may review copies at the FAA, Central Region, Office of 
the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri 
64106; or 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/cfr/ibr-locations.html.

    Issued in Kansas City, Missouri, on March 6, 2007.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. E7-4383 Filed 3-14-07; 8:45 am]
BILLING CODE 4910-13-P