[Federal Register Volume 63, Number 136 (Thursday, July 16, 1998)]
[Proposed Rules]
[Pages 38351-38353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18940]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-CE-58-AD]
RIN 2120-AA64


Airworthiness Directives; SOCATA-Groupe Aerospatiale Model TBM 
700 Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes to adopt a new airworthiness directive 
(AD) that would apply to certain SOCATA-Groupe Aerospatiale (SOCATA) 
Model TBM 700 airplanes. The proposed AD would require modifying the 
oxygen generators. The proposed AD is the result of mandatory 
continuing airworthiness information (MCAI) issued by the airworthiness 
authority for France. The actions specified by the proposed AD are 
intended to prevent failure of the oxygen generators, which could 
result in crew incapacitation and loss of the airplane.

DATES: Comments must be received on or before August 20, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation

[[Page 38352]]

Administration (FAA), Central Region, Office of the Regional Counsel, 
Attention: Rules Docket No. 98-CE-58-AD, Room 1558, 601 E. 12th Street, 
Kansas City, Missouri 64106. Comments may be inspected at this location 
between 8 a.m. and 4 p.m., Monday through Friday, holidays excepted.
    Service information that applies to the proposed AD may be obtained 
from SOCATA Groupe Aerospatiale, Customer Support, Aerodrome Tarbes-
Ossun-Lourdes, BP 930--F65009 Tarbes Cedex, France; telephone (33) 
5.62.41.76.52; facsimile (33) 5.62.41.76.54; or the Product Support 
Manager, SOCATA -Groupe AEROSPATIALE, North Perry Airport, 7501 
Pembroke Road, Pembroke Pines, Florida 33023; telephone (954) 894-1160; 
facsimile: (954) 964-4191. This information also may be examined at the 
Rules Docket at the address above.

FOR FURTHER INFORMATION CONTACT: Mr. Karl Schletzbaum, Aerospace 
Engineer, FAA, Small Airplane Directorate, 1201 Walnut Street, Suite 
900, Kansas City, Missouri 64106; telephone (816) 426-6934; facsimile 
(816) 426-2169.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications should identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this notice may be changed in 
light of the comments received.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report that summarizes each FAA-public contact concerned 
with the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket No. 98-CE-58-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Central Region, Office of the Regional Counsel, Attention: 
Rules Docket No. 98-CE-58-AD, Room 1558, 601 E. 12th Street, Kansas 
City, Missouri 64106.

Discussion

    The Direction Generale de l'Aviation Civile (DGAC), which is the 
airworthiness authority for France, notified the FAA that an unsafe 
condition may exist on certain SOCATA TBM 700 airplanes. The DGAC 
reports that operation of the oxygen generators failed on one of the 
affected airplanes. The oxygen generators are located under the 
passenger and crew seats and are pin-fired. Further investigation 
revealed that the firing pin was not lining up correctly and was not 
striking the generator in the right place to release oxygen into the 
cabin.
    This condition, if not corrected, could result in failure of the 
oxygen generators, which could result in crew incapacitation and loss 
of the airplane.

Relevant Service Information

    SOCATA has issued Mandatory Service Bulletin No. 70-046-35, dated 
May 1998, which specifies procedures for modifying the oxygen 
generator.
    The DGAC classified this service bulletin as mandatory and issued 
French AD No. T98-195(A), dated June 3, 1998, in order to assure the 
continued airworthiness of these airplanes in France.

The FAA's Determination

    This airplane model is manufactured in France and is type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, the DGAC has kept the FAA informed 
of the situation described above.
    The FAA has examined the findings of the DGAC; reviewed all 
available information, including the service information referenced 
above; and determined that AD action is necessary for products of this 
type design that are certificated for operation in the United States.

Explanation of the Provisions of the Proposed AD

    Since an unsafe condition has been identified that is likely to 
exist or develop in other SOCATA Model TBM 700 airplanes of the same 
type design registered in the United States, the FAA is proposing AD 
action. The proposed AD would require modifying the oxygen generator by 
replacing the firing pin and adding a washer. This modification should 
ensure that the firing pin stays aligned and strikes the oxygen 
generator in the correct manner. Accomplishment of the proposed 
modification would be in accordance with SOCATA Mandatory Service 
Bulletin No. 70-046-35, dated May 1998.

Cost Impact

    The FAA estimates that 60 airplanes in the U.S. registry would be 
affected by the proposed AD, that it would take approximately 2 
workhours per airplane to accomplish the proposed action, and that the 
average labor rate is approximately $60 an hour. Parts are available at 
minimal costs. Based on these figures, the total cost impact of the 
proposed AD on U.S. operators is estimated to be $7,200, or $120 per 
airplane.

Differences Between the French AD, the Service Bulletin, and This 
Proposed AD

    French AD No. T98-195(A), dated June 3, 1998, and SOCATA Mandatory 
Service Bulletin No. 70-046-35, dated May 1998, both specify modifying 
the oxygen generator at the next scheduled maintenance inspection. The 
foreign AD and the service information differ in that the DGAC mandates 
that this action be accomplished no later than August 31, 1998, and the 
service bulletin specifies that the action be accomplished no later 
than 3 months from the date of the service bulletin. This proposed AD, 
if followed with a final rule, would require the modification be 
accomplished within 45 days after the effective date of the AD.
    The modification required by the proposed AD does not differ from 
the DGAC AD or the SOCATA service bulletin.

Compliance Time of the Proposed AD

    The compliance time of this proposed AD is presented in calendar 
time instead of hours time-in-service (TIS). The FAA has determined 
that a calendar time compliance is the most desirable method because 
the unsafe condition described by this proposed AD occurs regardless of 
the hours time-in-service. The oxygen generator failure could occur on 
any flight where it may be relied upon to provide the crew and 
passengers with oxygen. To ensure that the above-referenced condition 
is corrected on all of the affected airplanes within a reasonable 
period of time without inadvertently grounding any airplanes, the FAA 
is proposing a

[[Page 38353]]

compliance schedule based upon calendar time instead of hours TIS.

Regulatory Impact

    The regulations proposed herein would not have substantial direct 
effects 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. Therefore, in 
accordance with Executive Order 12612, it is determined that this 
proposal would not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that this action (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) if promulgated, 
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. A copy of the draft regulatory evaluation 
prepared for this action has been placed in the Rules Docket. A copy of 
it may be obtained by contacting the Rules Docket at the location 
provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
part 39 of the Federal Aviation Regulations (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. Section 39.13 is amended by adding a new airworthiness directive 
(AD) to read as follows:

Socata--Groupe Aerospatiale: Docket No. 98-CE-58-AD.

    Applicability: Model TBM 700 airplanes, serial numbers 1 through 
125, 127, 128, and 130 through 133, certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (c) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required within 45 days after the effective date of 
this AD, unless already accomplished.
    To prevent failure of the oxygen generators, which could result 
in crew incapacitation and loss of the airplane, accomplish the 
following:
    (a) Modify the oxygen generator by replacing the firing pin and 
adding a washer in accordance with the Accomplishment Instructions 
section of SOCATA Mandatory Service Bulletin No. 70-046-35, dated 
May 1998.
    (b) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.
    (c) An alternative method of compliance or adjustment of the 
compliance time that provides an equivalent level of safety may be 
approved by theManager, Small Airplane Directorate, FAA, 1201 
Walnut,Suite 900, Kansas City, Missouri 64106. The request shall be 
forwarded through an appropriate FAA Maintenance Inspector, who may 
add comments and then send it to the Manager, Small Airplane 
Directorate.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Small Airplane Directorate.

    (d) Questions or technical information related to SOCATA 
Mandatory Service Bulletin No. 70-046-35, dated May 1998, should be 
directed to SOCATA Groupe AEROSPATIALE, Customer Support, Aerodrome 
Tarbes-Ossun-Lourdes, BP 930-F65009 Tarbes Cedex, France; telephone 
(33) 5.62.41.76.52; facsimile (33) 5.62.41.76.54; or the Product 
Support Manager, SOCATA--Groupe AEROSPATIALE, North Perry Airport, 
7501 Pembroke Road, Pembroke Pines, Florida 33023; telephone (954) 
894-1160; facsimile: (954) 964-4191. This service information may be 
examined at the FAA, Central Region, Office of the Regional Counsel, 
Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106.

    Note 3: The subject of this AD is addressed in French AD No. 
T98-195(A), dated June 3, 1998.

    Issued in Kansas City, Missouri, on July 10, 1998.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 98-18940 Filed 7-15-98; 8:45 am]
BILLING CODE 4910-13-U