Federal Register / Vol. 75, No. 1 / Monday, January 4, 2010 / Proposed Rules 89 

If it can be shown that the material used to construct the stowage compartment meets the flammability requirements of a liner for a Class B 

cargo compartment (i.e., § 25.855 at Amendment 25–116, and Appendix F, part I, paragraph (a)(2)(ii)), then no liner would be required for enclosed stowage compartments equal to or greater than 25 ft.3 but less than 57 ft.3 in interior volume. For all enclosed stowage compartments 

equal to or greater than 57 ft.3 in interior volume but less than or equal to 200 ft.3, a liner must be provided that meets the requirements of 

§ 25.855 for a Class B cargo compartment. 4Fire Location Detector 

If an OFCR compartment has enclosed stowage compartments exceeding 25 ft.3 interior volume that are located separately from the other 

stowage compartments (located, for example, away from one central location, such as the entry to the OFCR compartment or a common area 

within the OFCR compartment, where the other stowage compartments are), that OFCR compartment would require additional fire protection features and/or devices to assist the firefighter in determining the location of a fire. 

Issued in Renton, Washington, on 

December 28, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–31116 Filed 12–31–09; 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] 

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. 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: 

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. 

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 February 18, 2010. 

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–2009–1256; Directorate Identifier 

2009–CE–064–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:// 

www.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 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA AD No.: 

2009–0238–E, dated October 30, 2009 

(referred to after this as ‘‘the MCAI’’), 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 

Airworthiness Directive (AD), as a temporary 

measure, mandates the removal of the foam, 

pending a foam change. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

SOCATA has issued Mandatory 

Service Bulletin SB 70–179, dated 

October 2009. 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 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 


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90 Federal Register / Vol. 75, No. 1 / Monday, January 4, 2010 / Proposed Rules 

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 164 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 $6,560, 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 adding 

the following new AD: 

SOCATA: Docket No. FAA–2009–1256; 

Directorate Identifier 2009–CE–064–AD. 

Comments Due Date 

(a) We must receive comments by February 

18, 2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to model TBM 700 

airplanes, serial numbers (S/N) 331 through 

9999, certificated in any category. 

Subject 

(d) Air Transport Association of America 

(ATA) Code 9: Towing and Taxing. 

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 the effective date 

of this AD or within the next 30 days after 

the effective date of this AD, whichever 

occurs first, remove the foam from the towing 

bar stowage box following SOCATA 

Mandatory Service Bulletin SB 70–179, dated 

October 2009. 

Note 1: Airplanes delivered after October 

13, 2009, may have had SOCATA SB 70–179, 

dated October 2009, incorporated at the 

factory (S/N 510 and S/N 529 through 9999). 

FAA AD Differences 

Note 2: 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; 

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.: 2009–0238– 

E, dated October 30, 2009; and SOCATA 

Mandatory Service Bulletin SB 70–179, dated 

October 2009, for related information. 

Issued in Kansas City, Missouri, on 

December 28, 2009. 

Margaret Kline, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–31168 Filed 12–31–09; 8:45 am] 

BILLING CODE 4910–13–P 


pwalker on DSK8KYBLC1PROD with PROPOSALS