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[Federal Register: March 19, 2010 (Volume 75, Number 53)]
[Proposed Rules]               
[Page 13239-13241]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19mr10-23]                         

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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).

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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

[[Page 13240]]

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.


Sec.  39.13  [Amended]

    2. The FAA amends Sec.  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.

[[Page 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
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