```

[Federal Register: April 2, 2010 (Volume 75, Number 63)]
[Rules and Regulations]               
[Page 16660-16662]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02ap10-8]                         

-----------------------------------------------------------------------

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

[[Page 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 work-hour 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

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:

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.

[[Page 16662]]

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
```