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###### Department of Transportation

###### Federal Aviation Administration

          - 14 CFR Part 39
          - [Docket No. FAA-2006-26234; Directorate Identifier 2006-CE-064-AD; Amendment 39-15983; AD 2007-03-17 R1
          - RIN 2120-AA64

# AGENCY:

Federal Aviation Administration (FAA), Department of Transportation (DOT).

# ACTION:

Final rule.

# SUMMARY:

We are revising an existing 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:

This Airworthiness Directive (AD) was prompted by reports of loose rivets on frames C18 BIS and C19, which could result in a reduced structural integrity of the tail area.

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

# DATES:

This AD becomes effective September 9, 2009.

                        On September 9, 2009, the Director of the Federal Register approved the                               ( print page 38904)                            incorporation by reference of SOCATA TBM Aircraft Mandatory Service Bulletin SB 70-129, AMENDMENT 1, dated February 2009, listed in this AD.                    

As of March 15, 2007 (72 FR 5923, February 8, 2007), the Director of the Federal Register approved the incorporation by reference of SOCATA TBM Aircraft Mandatory Service Bulletin SB 70-129, dated June 2005, listed in this AD.

# ADDRESSES:

                        You may examine the AD docket on the Internet at                         *http://www.regulations.gov*                         or in person at the Docket 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, 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 May 12, 2009 (74 FR 22125), and proposed to revise  AD 2007-03-17, Amendment 39-14928 (72 FR 5923, February 8, 2007).                

Since we issued AD 2007-03-17, EADS SOCATA revised the service bulletin used in the AD to change the applicability.

The NPRM proposed to correct an unsafe condition for the specified products. The MCAI states that:

This Airworthiness Directive (AD) was prompted by reports of loose rivets on frames C18 BIS and C19, which could result in a reduced structural integrity of the tail area.

This MCAI requires you to inspect the rivets on frames C18 BIS and C19, and, if necessary, apply corrective actions. You may obtain further information by examining the MCAI in the AD docket.

## Comments

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

## Comment Issue: Required Work-Hours and Labor Cost

SOCATA comments that the initial inspection would take 0.5 work-hour. If necessary, rivets replacement would never take more than 5 work-hours. If parts are necessary, only rivets and shims are required, and their cost is negligible.

We agree with SOCATA, and we will revise the basic requirement work-hours estimate from 3 work-hours to 1 work-hour. We will also revise the follow-on  work-hours from 15 hours to 5 hours and revise the follow-on parts cost from $2,000 to $5 per product per SOCATA's comments.

## 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

We estimate that this AD will affect 272 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 $21,760, or $80 per product.

In addition, we estimate that any necessary follow-on actions would take about 5 work-hours and require parts costing $5 for a cost of $405 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 38905)    

# 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 removing AD 2007-03-17, Amendment 39-14928 ( 72 FR 5923, February 8, 2007) and adding the following new AD:

**2007-03-17 R1 SOCATA:**                             Amendment 39-15983; Docket No. FAA-2006-26234; Directorate Identifier 2006-CE-064-AD.                        

## Effective Date

(a) This airworthiness directive (AD) becomes effective September 9, 2009.

## Affected ADs

(b) This AD revises AD 2007-03-17, Amendment 39-14928 (72 FR 5923, February 8, 2007).

## Applicability

(c) This AD applies to TBM 700 airplanes, serial numbers 1 through 345, certificated in any category.

## Subject

(d) Air Transport Association of America (ATA) Code 53: Fuselage.

## Reason

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

This Airworthiness Directive (AD) was prompted by reports of loose rivets on frames C18 BIS and C19, which could result in a reduced structural integrity of the tail area.

This MCAI requires you to inspect the rivets on frames C18 BIS and C19, and, if necessary, apply corrective actions. You may obtain further information by examining the MCAI in the AD docket.

## Actions and Compliance

(f) Unless already done, within the next 100 hours time-in-service (TIS) after September 9, 2009 (the effective date of this AD) or within the next 12 months after September 9, 2009 (the effective date of this AD), whichever occurs later, and repetitively thereafter at intervals not to exceed every 100 hours TIS, do a detailed inspection of the area and apply corrective actions, as necessary. Follow the accomplishment instructions of either SOCATA TBM Aircraft Mandatory Service Bulletin SB 70-129, dated June 2005 or SOCATA TBM Aircraft Mandatory Service Bulletin SB 70-129, AMENDMENT 1, dated February 2009.

## FAA AD Differences

# Note: 

This AD differs from the MCAI and/or service information as follows: SOCATA revised the service bulletin used in AD 2007-03-17, Amendment  39-14928 (72 FR 5923, February 8, 2007). The revised service bulletin changes the applicability of the airplanes from what was in the original service bulletin. The MCAI has not been revised and allows the use of “Any subsequent approved revision of this document is acceptable” for service bulletin revisions. The FAA AD does not have a similar provision. This revised AD changes the Applicability section based on the revised service bulletin.

## 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 Direction Générale de l'aviation Civile Airworthiness Directive No F-2005-132, dated August 3, 2005; SOCATA TBM Aircraft Mandatory Service Bulletin SB 70-129, dated June 2005; and SOCATA TBM Aircraft Mandatory Service Bulletin SB 70-129, AMENDMENT 1, dated February 2009 for related information.

## Material Incorporated by Reference

(i) You must use SOCATA TBM Aircraft Mandatory Service Bulletin SB 70-129, dated June 2005, or SOCATA TBM Aircraft Mandatory Service Bulletin SB 70-129, AMENDMENT 1, dated February 2009, 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 SOCATA TBM Aircraft Mandatory Service Bulletin SB 70-129, AMENDMENT 1, dated February 2009, under 5 U.S.C. 552(a) and 1 CFR part 51.

(2) On March 15, 2007 (72 FR 5923, February 8, 2007), the Director of the Federal Register previously approved the incorporation by reference of SOCATA TBM Aircraft Mandatory Service Bulletin SB 70-129, dated June 2005.

                            (3) For service information identified in this AD, contact SOCATA, 65921 Tarbes Cedex 9, France; Telephone: +33 (0) 5 62 41 73 00; Fax: +33 (0)5 62 41 73 05; Internet:                             *http://www.socata.com*.                        

(4) 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.

                            (5) 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 July 16, 2009.

Wes Ryan,

Acting Manager, Small Airplane Directorate, Aircraft Certification Service.

[FR Doc. E9-17897 Filed 8-4-09; 8:45 am]

BILLING CODE 4910-13-P