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###### Department of Transportation

###### Federal Aviation Administration

          - 14 CFR Part 39
          - [Docket No. FAA-2009-0124 Directorate Identifier 2009-CE-004-AD; Amendment 39-15882; AD 2009-08-09]
          - RIN 2120-AA64

# 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:

A damaged wiring harness which caused the air conditioning system circuit breaker to trip and evidencing a local overheating has been found on an in-service aircraft.

                            The investigation revealed that the damage (chafed wires) found on the wiring harness resulted from an interference with the under-floor attachment fittings of the cabin partition                                   ( print page 17387)                                net which was due to an incorrect routing of the harness while on the production line.                        

Such conditions could result in an electrical short and potential loss of several functions essential for the safety of flight.

We are issuing this AD to require actions to correct the unsafe condition on these products.

# DATES:

This AD becomes effective May 20, 2009.

On May 20, 2009, 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 February 13, 2009 (74 FR 7194). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states:                

A damaged wiring harness which caused the air conditioning system circuit breaker to trip and evidencing a local overheating has been found on an in-service aircraft.

The investigation revealed that the damage (chafed wires) found on the wiring harness resulted from an interference with the under-floor attachment fittings of the cabin partition net which was due to an incorrect routing of the harness while on the production line.

Such conditions could result in an electrical short and potential loss of several functions essential for the safety of flight.

For the reason stated above, this AD mandates inspection of the electrical wiring harness, and if necessary a rework of its routing.

## Comments

We gave the public the opportunity to participate in developing this AD. We have considered the comment received.

## Comment Issue: Number of U.S.-Registered Airplanes

EADS SOCATA requests we change in the Costs of Compliance section the number of products affected on the U.S. registry from 45 products to 31 products. They state the airplanes listed in the U.S. registry are serial numbers 434, 435, 437 through 439, 441, 443 through 451, 458, 459, 461, 462, 465, 466, 468 through 474, and 476 through 478.

The FAA agrees. We will change the Costs of Compliance section in the final rule AD action to reflect the above 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 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

Based on the service information, we estimate that this AD will affect 31 products of U.S. registry. We also estimate that it will take about 1 work-hour per product to comply with the basic requirements of this AD. The average labor rate is $80 per work-hour.

Based on these figures, we estimate the cost of this AD to the U.S. operators to be $2,480 or $80 per product.

In addition, we estimate that any necessary follow-on actions would take about 1.5 work-hours for a cost of $120 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

Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:

      ( print page 17388)    

# 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 

2. The FAA amends § 39.13 by adding the following new AD: 

**2009-08-09 EADS SOCATA:**                             Amendment 39-15882; Docket No. FAA-2009-0124; Directorate Identifier 2009-CE-004-AD.                        

## Effective Date

(a) This airworthiness directive (AD) becomes effective May 20, 2009.

## Affected ADs

(b) None.

## Applicability

(c) This AD applies to TBM 700 airplanes, serial numbers 434 through 478, certificated in any category.

## Subject

(d) Air Transport Association of America (ATA) Code 92: Wiring Elements.

## Reason

(e) The mandatory continuing airworthiness information (MCAI) states:

A damaged wiring harness which caused the air conditioning system circuit breaker to trip and evidencing a local overheating has been found on an in-service aircraft.

The investigation revealed that the damage (chafed wires) found on the wiring harness resulted from an interference with the under-floor attachment fittings of the cabin partition net which was due to an incorrect routing of the harness while on the production line.

Such conditions could result in an electrical short and potential loss of several functions essential for the safety of flight.

For the reason stated above, this AD mandates inspection of the electrical wiring harness, and if necessary a rework of its routing.

## Actions and Compliance

(f) Unless already done, do the following actions:

(1) Within the next 100 hours time-in-service after May 20, 2009 (the effective date of this AD) or within the next 12 months after May 20, 2009 (the effective date of this AD), whichever occurs first, inspect the electrical wiring harness at frame C14 and between frames C16 and C17 for wire chafing and incorrect routing following EADS SOCATA Mandatory Service Bulletin SB 70-163, dated November 2008.

(2) If any wire chafing and/or incorrect routing are found, before further flight, repair and reroute the electrical harness following EADS SOCATA Mandatory Service Bulletin SB 70-163, dated November 2008.

## 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 European Aviation Safety Agency (EASA) AD No.: 2009-0006, dated January 13, 2009; and EADS SOCATA Mandatory Service Bulletin SB 70-163, dated November 2008, for related information.

## Material Incorporated by Reference

(i) You must use EADS SOCATA Mandatory Service Bulletin SB 70-163, dated November 2008, 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 SOCATA AIRCRAFT, INC., North Perry Airport, 7501 South Airport Rd., Pembrokes Pines, FL 33023; telephone: (954) 893-1400; fax: (954) 964-4141; 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 April 3, 2009.

John R. Colomy,

Acting Manager, Small Airplane Directorate, Aircraft Certification Service. 

[FR Doc. E9-8527 Filed 4-14-09; 8:45 am]

BILLING CODE 4910-13-P