Federal Register / Vol. 75, No. 53 / Friday, March 19, 2010 / Proposed Rules 13239 

issuing another notice on the subject 

matter in the future or committing the 

agency to any future course of action. 

Issued in Burlington, Massachusetts on 

March 5, 2010. 

Peter A. White, 

Acting Manager, Engine and Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. 2010–5902 Filed 3–18–10; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0286; Directorate 

Identifier 2010–CE–013–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: 

The Civil Aviation Authority of the United 

Kingdom (UK) has informed EASA that 

significant quantities of Halon 1211 gas, 

determined to be outside the required 

specification, have been supplied to the 

aviation industry for use in fire extinguishing 

equipment. Halon 1211 (BCF) is used in 

portable fire extinguishers, usually fitted or 

stowed in aircraft passenger cabins and flight 

decks. 

EASA published Safety Information 

Bulletin (SIB) 2009–39 on 23 October 2009 to 

make the aviation community aware of this 

safety concern. 

The results of the ongoing investigation 

have now established that LyonTech 

Engineering Ltd, a UK-based company, has 

supplied further consignments of Halon 1211 

(BCF) to L’Hotellier that do not meet the 

required specification. This Halon 1211 has 

subsequently been used to fill certain P/N 

863520–00 portable fire extinguishers that 

are now likely to be installed in or carried 

on certain TBM700 aeroplanes. 

The contaminated nature of this gas, when 

used against a fire, may provide reduced fire 

suppression, endangering the safety of the 

aeroplane and its occupants. In addition, 

extinguisher activation may lead to release of 

toxic fumes, possibly causing injury to 

aeroplane occupants. 

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 May 3, 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–2010–0286; Directorate Identifier 

2010–CE–013–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.: 

2010–0012, dated February 5, 2010 

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

correct an unsafe condition for the 

specified products. The MCAI states: 

The Civil Aviation Authority of the United 

Kingdom (UK) has informed EASA that 

significant quantities of Halon 1211 gas, 

determined to be outside the required 

specification, have been supplied to the 

aviation industry for use in fire extinguishing 

equipment. Halon 1211 (BCF) is used in 

portable fire extinguishers, usually fitted or 

stowed in aircraft passenger cabins and flight 

decks. 

EASA published Safety Information 

Bulletin (SIB) 2009–39 on 23 October 2009 to 

make the aviation community aware of this 

safety concern. 

The results of the ongoing investigation 

have now established that LyonTech 

Engineering Ltd, a UK-based company, has 

supplied further consignments of Halon 1211 

(BCF) to L’Hotellier that do not meet the 

required specification. This Halon 1211 has 

subsequently been used to fill certain 

P/N 863520–00 portable fire extinguishers 

that are now likely to be installed in or 

carried on certain TBM700 aeroplanes. 

The contaminated nature of this gas, when 

used against a fire, may provide reduced fire 

suppression, endangering the safety of the 

aeroplane and its occupants. In addition, 

extinguisher activation may lead to release of 

toxic fumes, possibly causing injury to 

aeroplane occupants. 

For the reason described above, this EASA 

AD requires the identification and removal 

from service of certain batches of fire 

extinguishers and replacement with 

serviceable units. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

DAHER–SOCATA has issued TBM 

Aircraft Service Bulletin SB 70–183, 

dated January 2010. 

L’Hotellier has issued Service Bulletin 

863520–26–001, dated December 21, 

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 


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13240 Federal Register / Vol. 75, No. 53 / Friday, March 19, 2010 / Proposed Rules 

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 364 products of U.S. registry. 

We also estimate that it would take 

about .5 work-hour per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $85 per work-hour. Required 

parts would cost about $0 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 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 $15,470, or $43 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–2010–0286; 

Directorate Identifier 2010–CE–013–AD. 

Comments Due Date 

(a) We must receive comments by May 3, 

2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Model TBM 700 

airplanes, all serial numbers (SNs), that: 

(1) Are certificated in any category; and 

(2) Are equipped with part number (P/N) 

863520–00 portable fire extinguishers, serial 

numbers (S/N) as listed in L’Hotellier Service 

Bulletin 863520–26–001, dated December 21, 

2009. 

Subject 

(d) Air Transport Association of America 

(ATA) Code 26: Fire Protection. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

The Civil Aviation Authority of the United 

Kingdom (UK) has informed EASA that 

significant quantities of Halon 1211 gas, 

determined to be outside the required 

specification, have been supplied to the 

aviation industry for use in fire extinguishing 

equipment. Halon 1211 (BCF) is used in 

portable fire extinguishers, usually fitted or 

stowed in aircraft passenger cabins and flight 

decks. 

EASA published Safety Information 

Bulletin (SIB) 2009–39 on 23 October 2009 to 

make the aviation community aware of this 

safety concern. 

The results of the ongoing investigation 

have now established that LyonTech 

Engineering Ltd, a UK-based company, has 

supplied further consignments of Halon 1211 

(BCF) to L’Hotellier that do not meet the 

required specification. This Halon 1211 has 

subsequently been used to fill certain P/N 

863520–00 portable fire extinguishers that 

are now likely to be installed in or carried 

on certain TBM700 aeroplanes. 

The contaminated nature of this gas, when 

used against a fire, may provide reduced fire 

suppression, endangering the safety of the 

aeroplane and its occupants. In addition, 

extinguisher activation may lead to release of 

toxic fumes, possibly causing injury to 

aeroplane occupants. 

For the reason described above, this EASA 

AD requires the identification and removal 

from service of certain batches of fire 

extinguishers and replacement with 

serviceable units. 

Actions and Compliance 

(f) Unless already done, within 3 months 

after the effective date of this AD, do the 

following in accordance with DAHER– 

SOCATA TBM Aircraft Service Bulletin SB 

70–183, dated January 2010: 

(1) Inspect the fire extinguisher(s) installed 

or carried on board the airplane for any 

P/N and S/N fire extinguisher listed in 

L’Hotellier Service Bulletin 863520–26–001, 

dated December 21, 2009; and 

(2) If, as a result of the inspection required 

by paragraph (f)(1) of this AD, you find any 

fire extinguisher listed in L’Hotellier Service 

Bulletin 863520–26–001, dated December 21, 

2009, before further flight, remove it from the 

airplane and replace it with a serviceable 

unit in accordance with L’Hotellier Service 

Bulletin 863520–26–001, dated December 21, 

2009. 

(3) As of the effective date of this AD, do 

not install any fire extinguisher listed in 

L’Hotellier Service Bulletin 863520–26–001, 

dated December 21, 2009, on any airplane, 

unless it has been overhauled with compliant 

Halon 1211 (BCF) and re-identified, in 

accordance with the instructions of 

L’Hotellier Service Bulletin 863520–26–001, 

dated December 21, 2009. 


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Federal Register / Vol. 75, No. 53 / Friday, March 19, 2010 / Proposed Rules 13241 

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; 

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 EASA AD No.: 2010– 

0012, dated February 5, 2010; DAHER– 

SOCATA TBM Aircraft Service Bulletin SB 

70–183, dated January 2010; and L’Hotellier 

Service Bulletin 863520–26–001, dated 

December 21, 2009, for related information. 

Issued in Kansas City, Missouri, on March 

15, 2010. 

James E. Jackson, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–6091 Filed 3–18–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 1140 

[Docket No. FDA–2010–N–0136] 

RIN 0910–AG33 

Request for Comment on 

Implementation of the Family Smoking 

Prevention and Tobacco Control Act 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Advance notice of proposed 

rulemaking. 

SUMMARY: The Food and Drug 

Administration (FDA) is issuing this 

advance notice of proposed rulemaking 

to obtain information related to the 

regulation of outdoor advertising of 

cigarettes and smokeless tobacco. 

Elsewhere in this issue of the Federal 

Register, FDA is reissuing a final rule 

restricting the sale, distribution, and use 

of cigarettes and smokeless tobacco to 

protect children and adolescents as 

required by the Family Smoking 

Prevention and Tobacco Control Act 

(Tobacco Control Act). FDA has 

reserved a section of that final rule for 

future rulemaking on restrictions related 

to the outdoor advertising of cigarettes 

and smokeless tobacco. FDA is 

requesting comments, data, research, or 

other information on the regulation of 

outdoor advertising of cigarettes and 

smokeless tobacco. 

DATES: Submit electronic or written 

comments by May 18, 2010. 

ADDRESSES: You may submit comments, 

identified by Docket No. FDA–2010–N– 

0136 and/or RIN number 0910–AG33, 

by any of the following methods: 

Electronic Submissions 

Submit electronic comments in the 

following way: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Written Submissions 

Submit written submissions in the 

following ways: 

• FAX: 301–827–6870. 

• Mail/Hand delivery/Courier (for 

paper, disk, or CD–ROM submissions): 

Division of Dockets Management (HFA– 

305), Food and Drug Administration, 

5630 Fishers Lane, rm. 1061, Rockville, 

MD 20852. 

Instructions: All submissions received 

must include the agency name and 

docket number and Regulatory 

Information Number (RIN) for this 

rulemaking. All comments received may 

be posted without change to http:// 

www.regulations.gov, including any 

personal information provided. For 

additional information on submitting 

comments, see the ‘‘Comments’’ heading 

of the SUPPLEMENTARY INFORMATION

section of this document. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov and insert the 

docket number, found in brackets in the 

heading of this document, into the 

‘‘Search’’ box and follow the prompts 

and/or go to the Division of Dockets 

Management, 5630 Fishers Lane, rm. 

1061, Rockville, MD 20852. 

FOR FURTHER INFORMATION CONTACT: 

Annette Marthaler, Center for Tobacco 

Products, Food and Drug 

Administration, 9200 Corporate Blvd., 

Rockville, MD 20850–3229, 1–877–287– 

1373, annette.marthaler@fda.hhs.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Elsewhere in this issue of the Federal 

Register, FDA is reissuing a 1996 final 

rule that restricts the sale, distribution, 

and use of cigarettes and smokeless 

tobacco. The reissuance of the final rule 

is required under section 102 of the 

Tobacco Control Act (Public Law 111– 

31). More specifically, section 102 

requires FDA to publish a final rule 

regarding cigarettes and smokeless 

tobacco identical in its provisions to the 

regulation promulgated by FDA in 1996 

(61 FR 44396, August 28, 1996) (1996 

final rule), with certain specified 

exceptions. Section 102 provides that 

the reissued 1996 final rule shall 

‘‘include such modifications to section 

897.30(b), if any, that the Secretary 

determines are appropriate in light of 

governing First Amendment case law, 

including the decision of the Supreme 

Court of the United States in Lorillard 

Tobacco Co. v. Reilly (533 U.S. 525 

(2001)).’’ 

As published in 1996, § 897.30(b) 

stated that ‘‘[n]o outdoor advertising for 

cigarettes or smokeless tobacco, 

including billboards, posters, or 

placards, may be placed within 1,000 

feet of the perimeter of any public 

playground or playground area in a 

public park (e.g., a public park with 

equipment such as swings and seesaws, 

baseball diamonds, or basketball courts), 

elementary school, or secondary 

school.’’ In Lorillard the Supreme Court 

struck down as violative of the First 

Amendment regulations promulgated by 

Massachusetts that, among other things, 

banned outdoor tobacco advertisements 

within 1,000 feet of any school or 

playground. The Supreme Court 

concluded that Massachusetts had a 

substantial state interest in protecting 

children and adolescents from the 

harms of tobacco use and that the 

outdoor advertising restriction advanced 

that interest. However, the Court ruled 

that the regulation violated the First 

Amendment because it was not 

adequately tailored to achieve the 

substantial state interest of protecting 

children and adolescents from tobacco 

products. 

To best determine what modifications 

to § 897.30(b), if any, are appropriate in 

light of governing First Amendment 

case law, FDA has determined that 

§ 897.30(b) (now renumbered as 

§ 1140.30(b)) should be reserved in the 


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