29126 Federal Register / Vol. 74, No. 117 / Friday, June 19, 2009 / Rules and Regulations 

applicable; 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 BAE Systems Regional 

Aircraft, 13850 McLearen Road, Herndon, 

Virginia 20171; telephone 703–736–1080; email raebusiness@baesystems.com; Internet 

http://www.baesystems.com/Businesses/ 

RegionalAircraft/index.htm. 

(3) You may review copies of the service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue, SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, call 

425–227–1221 or 425–227–1152. 

(4) You may also review copies of the 

service information that is incorporated by 

reference 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 Renton, Washington, on June 2, 

2009. 

Stephen P. Boyd, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–13567 Filed 6–18–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0557; Directorate 

Identifier 2009–CE–031–AD; Amendment 

39–15944; AD 2009–13–05] 

RIN 2120–AA64 

Airworthiness Directives; SOCATA 

Model TBM 700 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

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 the aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

During a SOCATA flight test, it has been 

noted some difficulties for the pilot to release 

oxygen. 

After investigation it has been found that, 

due to the design of the oxygen generator 

release pin, one of the mask’s lanyard linked 

to the pin can be jammed when it is pulled 

by a pilot or a passenger. 

This condition, if not corrected, would 

lead, in case of an emergency procedure due 

to decompression to a risk of generator fault 

with subsequent lack of oxygen on crew and/ 

or passenger. 

This AD requires actions that are 

intended to address the unsafe 

condition described in the MCAI. 

DATES: This AD becomes effective July 

9, 2009. 

On July 9, 2009, the Director of the 

Federal Register approved the 

incorporation by reference of certain 

publications listed in this AD. 

We must receive comments on this 

AD by July 20, 2009. 

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 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: 

Discussion 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued Emergency AD 

No. 2009–0096–E, dated April 21, 2009, 

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

correct an unsafe condition for the 

specified products. The MCAI states: 

During a SOCATA flight test, it has been 

noted some difficulties for the pilot to release 

oxygen. 

After investigation it has been found that, 

due to the design of the oxygen generator 

release pin, one of the mask’s lanyard linked 

to the pin can be jammed when it is pulled 

by a pilot or a passenger. 

This condition, if not corrected, would 

lead, in case of an emergency procedure due 

to decompression to a risk of generator fault 

with subsequent lack of oxygen on crew and/ 

or passenger. 

For the reason described above, SOCATA 

has released Pilot Operating Handbook (POH) 

Temporary Revision (TR) 03 which asks, in 

case of failure to release oxygen, to pull on 

the other mask lanyard in order to activate 

the oxygen generator. 

A SOCATA modification enabling to solve 

this issue is under preparation. Once this 

modification release, this AD is expected to 

be revised to confirm the acceptability of that 

modification. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

SOCATA has issued SOCATA TBM 

700 A & B Pilot Operating Handbook 

(POH), Temporary Revision No. 3, dated 

March 2009. The actions described in 

page 3.13.5 of this service information 

are intended to correct the unsafe 

condition identified in the MCAI. 

FAA’s Determination and Requirements 

of the 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 

MCAI and service information 

referenced above. We are issuing this 

AD because we evaluated all 

information provided by the State of 

Design Authority and determined the 

unsafe condition exists and is likely to 

exist or develop on other products of the 

same type design. 

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 have also required different 

actions in this AD from those in the 

MCAI in order to follow FAA policies. 

Any such differences are described in a 


cprice-sewell on PRODPC61 with RULES
Federal Register / Vol. 74, No. 117 / Friday, June 19, 2009 / Rules and Regulations 29127 

separate paragraph of the AD. These 

requirements take precedence over 

those copied from the MCAI. 

FAA’s Determination of the Effective 

Date 

An unsafe condition exists that 

requires the immediate adoption of this 

AD. The FAA has found that the risk to 

the flying public justifies waiving notice 

and comment prior to adoption of this 

rule because if not corrected, in an 

emergency procedure due to 

decompression, this condition could 

lead to a risk of generator fault with 

subsequent lack of oxygen for crew and/ 

or passenger. Therefore, we determined 

that notice and opportunity for public 

comment before issuing this AD are 

impracticable and that good cause exists 

for making this amendment effective in 

fewer than 30 days. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety, and 

we did not precede it by notice and 

opportunity for public comment. We 

invite you to send any written relevant 

data, views, or arguments about this AD. 

Send your comments to an address 

listed under the ADDRESSES section. 

Include ‘‘Docket No. FAA–2009–0557; 

Directorate Identifier 2009–CE–031– 

AD’’ at the beginning of your comments. 

We specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

this AD. We will consider all comments 

received by the closing date and may 

amend this 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 AD. 

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 that 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. 

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: 

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: 

2009–13–05 Socata: Amendment 39–15944; 

Docket No. FAA–2009–0557; Directorate 

Identifier 2009–CE–031–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective July 9, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to the following model 

and serial number airplanes that are: 

(i) certificated in any category; and 

(ii) equipped with a chemical oxygen 

generation system. 

Model Serial Nos. 

TBM 700 1 through 204, 206 through 239, 

and 241 through 244. 

Subject 

(d) Air Transport Association of America 

(ATA) Code 35: Oxygen. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

During a SOCATA flight test, it has been 

noted some difficulties for the pilot to release 

oxygen. 

After investigation it has been found that, 

due to the design of the oxygen generator 

release pin, one of the mask’s lanyards linked 

to the pin can be jammed when it is pulled 

by a pilot or a passenger. 

This condition, if not corrected, would 

lead, in case of an emergency procedure due 

to decompression to a risk of generator fault 

with subsequent lack of oxygen on crew and/ 

or passenger. 

For the reason described above, SOCATA 

has released Pilot Operating Handbook (POH) 

Temporary Revision (TR) 03 which asks, in 

case of failure to release oxygen, to pull on 

the other mask lanyard in order to activate 

the oxygen generator. 

A SOCATA modification enabling to solve 

this issue is under preparation. Once this 

modification is released, this AD is expected 

to be revised to confirm the acceptability of 

that modification. 

Actions and Compliance 

(f) Unless already done, do the following 

actions. 

(1) Before further flight after July 9, 2009 

(the effective date of this AD), insert Page 

3.13.5 of Temporary Revision No. 3, dated 

March 2009, into the Emergency Procedures 

section and the Limitations sections of 

SOCATA TBM 700 A & B Pilot Operating 

Handbook (POH). 

(2) Under 14 CFR 43.7 of the Federal 

Aviation Administration Regulations (14 CFR 

43.7), the owner/operator holding at least a 

private pilot certificate is allowed to insert 

the temporary revision into the POH. Make 

an entry into the aircraft logbook showing 

compliance with this portion of the AD per 

compliance with section 43.9 of the Federal 

Aviation Regulations (14 CFR 43.9). 

FAA AD Differences 

Note: This AD differs from the MCAI and/ 

or service information as follows: None. 

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, 


cprice-sewell on PRODPC61 with RULES
29128 Federal Register / Vol. 74, No. 117 / Friday, June 19, 2009 / Rules and Regulations 

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) Emergency AD No. 

2009–0096–E, dated April 21, 2009, and 

SOCATA TBM 700 A & B Pilot Operating 

Handbook (POH), Temporary Revision No. 3, 

dated March 2009, for related information. 

Material Incorporated by Reference 

(i) You must use page 3.13.5 of Temporary 

Revision No. 3, dated March 2009, of 

SOCATA TBM 700 A & B Pilot Operating 

Handbook (POH), 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, 65921—TARBES 

Cedex 9, France; telephone: +33 6 07 32 62 

24; or SOCATA, 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 June 10, 

2009. 

Scott A. Horn, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–14220 Filed 6–18–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF JUSTICE 

Office of the Attorney General 

28 CFR Part 0 

[Docket No. OAG 128; A.G. Order No. 3085– 

2009] 

Organization; Office of Information 

Policy 

AGENCY: Department of Justice. 

ACTION: Final rule. 

SUMMARY: This rule updates the 

regulation that describes the structure, 

functions, and responsibilities of the 

Office of Information Policy of the 

Department of Justice. The rule updates 

the description of the Office to reflect 

certain changes to its structure and 

organizational location. 

DATES: Effective Date: June 19, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Janice Galli McLeod, Associate Director, 

Office of Information Policy, U.S. 

Department of Justice, Washington, DC 

20530, (202) 514–3642. 

SUPPLEMENTARY INFORMATION: This rule 

revises the Department’s description of 

the Office of Information Policy to 

reflect the Office’s establishment as a 

separate component within the 

Department of Justice. References to the 

advice and training formerly provided 

by the Office of Information Policy on 

Privacy Act matters have been deleted 

in light of the performance of those 

tasks by the recently created Office of 

Privacy and Civil Liberties. 

Administrative Procedure Act 

This rule relates to a matter of agency 

management or personnel and therefore 

is exempt from the usual requirements 

of prior notice and comment and a 30- 

day delay in effective date. See 5 U.S.C. 

553(a)(2). 

Regulatory Flexibility Act 

The Attorney General, in accordance 

with the Regulatory Flexibility Act, 5 

U.S.C. 605(b), has reviewed this rule 

and, by approving it, certifies that it will 

not have a significant economic impact 

on a substantial number of small entities 

because it pertains to personnel and 

administrative matters affecting the 

Department. A Regulatory Flexibility 

Analysis was not required to be 

prepared for this final rule because the 

Department was not required to publish 

a general notice of proposed rulemaking 

for this matter. 

Executive Order 12866 

This rule has been drafted and 

reviewed in accordance with Executive 

Order 12866, ‘‘Regulatory Planning and 

Review,’’ section 1(b), ‘‘Principles of 

Regulation.’’ This rule is limited to 

agency organization, management, and 

personnel as described by Executive 

Order 12866 section 3(d)(3) and, 

therefore, is not a ‘‘regulation’’ or ‘‘rule’’ 

as defined by that Executive Order. 

Accordingly, this rule has not been 

reviewed by the Office of Management 

and Budget. 

Executive Order 13132 

This rule will 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 13132, 

‘‘Federalism,’’ the Department of Justice 

has determined that this rule does not 

have sufficient federalism implications 

to warrant the preparation of a 

federalism summary impact statement. 

Executive Order 12988 

This rule meets the applicable 

standards provided in sections 3(a) and 

3(b)(2) of Executive Order 12988, ‘‘Civil 

Justice Reform.’’ 

Unfunded Mandates Reform Act of 

1995 

This rule will not result in the 

expenditure by state, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any one year, and it will not 

significantly or uniquely affect small 

governments. Therefore, no actions were 

deemed necessary under the provisions 

of the Unfunded Mandates Reform Act 

of 1995, 2 U.S.C. 1501 et seq. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This rule is not a major rule as 

defined by section 251 of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, 5 U.S.C. 804. This 

rule will not result in an annual effect 

on the economy of $100 million or 

more; a major increase in cost or prices; 

or significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or the ability 

of United States-based companies to 

compete with foreign-based companies 

in domestic and export markets. 

This action pertains to agency 

management, personnel, and 

organization and does not substantially 

affect the rights or obligations of nonagency parties. Accordingly, it is not a 

‘‘rule’’ for purposes of the reporting 

requirement of 5 U.S.C. 801. 


cprice-sewell on PRODPC61 with RULES