[Federal Register Volume 64, Number 59 (Monday, March 29, 1999)]
[Rules and Regulations]
[Pages 14820-14822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7385]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-CE-08-AD; Amendment 39-11096; AD 99-07-11]
RIN 2120-AA64


Airworthiness Directives; SOCATA--Groupe Aerospatiale Model TBM 
700 Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
applies to all SOCATA--Groupe Aerospatiale (SOCATA) Model TBM 700 
airplanes. This AD requires inspecting the left-hand and right-hand 
outboard hinge fittings of the horizontal stabilizer for cracks, and 
replacing any cracked fitting. This AD is the result of mandatory 
continuing airworthiness information (MCAI) issued by the airworthiness 
authority for France. The actions specified by this AD are intended to 
prevent structural damage to the stabilizer caused by outboard hinge 
fitting cracks, which could result in uncontrolled flight if the hinges 
break.

DATES: Effective April 16, 1999.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of April 16, 1999.
    Comments for inclusion in the Rules Docket must be received on or 
before May 24, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Central Region, Office of the Regional Counsel, 
Attention: Rules Docket No. 99-CE-08-AD, Room 1558, 601 E. 12th Street, 
Kansas City, Missouri 64106.
    Service information that applies to this AD may be obtained from 
SOCATA Groupe AEROSPATIALE, Customer

[[Page 14821]]

Support, Aerodrome Tarbes-Ossun-Lourdes, BP 930--F65009 Tarbes Cedex, 
France; telephone: (33) 5.62.41.73.00; 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 
may also be examined at the Federal Aviation Administration (FAA), 
Central Region, Office of the Regional Counsel, Attention: Rules Docket 
No. 99-CE-08-AD, Room 1558, 601 E. 12th Street, Kansas City, Missouri 
64106; or at the Office of the Federal Register, 800 North Capitol 
Street, NW, suite 700, Washington, DC.

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:

Discussion

    The Direction Generale de l'Aviation Civile (DGAC), which is the 
airworthiness authority for France, recently notified the FAA that an 
unsafe condition may exist on all SOCATA TBM 700 airplanes. The DGAC 
reports three incidents of cracked elevator hinge fittings of the 
horizontal stabilizer on military aircraft in France. The cracks were 
found during regular maintenance inspections and the cause of the 
cracks has not yet been determined.
    Cracked elevator hinge fittings, if not detected and corrected in a 
timely manner, could result in structural damage to the stabilizer with 
possible uncontrolled flight if the hinges break.

Relevant Service Information

    SOCATA has issued Alert Service Bulletin SB 70-077-55, dated 
February 1999, which specifies procedures for inspecting the following 
outboard hinge fittings of the horizontal stabilizer for cracks:

--Left-hand (LH) outboard hinge fitting: part number T700A5510065000; 
and
--Right-hand (RH) outboard hinge fitting: part number T700A5510065001.

    This service bulletin also specifies replacing any cracked hinge 
fitting in accordance with the applicable maintenance manual.
    The DGAC classified this service bulletin as mandatory and issued 
French AD T1999-060(A), dated February 1999, 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 This 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 for operation in the United States, the FAA is 
issuing AD action. This AD requires inspecting the left-hand and right-
hand outboard hinge fittings of the horizontal stabilizer for cracks, 
and replacing any cracked hinge fitting. Accomplishment of the 
inspection is required in accordance with SOCATA Alert Service Bulletin 
SB 70-077-55, dated February 1999. Any necessary replacement is 
required in accordance with the applicable maintenance manual.

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

    French AD No. T1999-060(A), dated February 1999, requires 
inspecting the outboard hinge fittings prior to further flight for 
Model TBM 700 airplanes with over 100 hours total time-in-service (TIS) 
and registered for operation in France, and thereafter at every 100 
hours TIS. SOCATA Alert Service Bulletin No. 70-077-55, dated February 
1999, specifies these inspections at intervals of 300 hours TIS.
    The FAA does not believe that there is justification to ground the 
affected airplanes and require the initial inspection prior to further 
flight. To assure that the inspection is accomplished on all of the 
affected airplanes in a timely manner without inadvertently grounding 
any of the affected airplanes, the FAA is requiring the initial 
inspection upon the accumulation of 300 hours TIS on the outboard hinge 
fittings of the horizontal stabilizer or within the next 25 hours TIS 
after the effective of the AD, whichever occurs later.
    The FAA is not including a repetitive inspection requirement in 
this AD. The Administrative Procedure Act does not permit the FAA to 
``bootstrap'' a long-term requirement into an urgent safety of flight 
action where the rule becomes effective at the same time the public has 
the opportunity to comment. The short-term action and the long-term 
action are analyzed separately for justification to bypass prior public 
notice.
    After issuing this AD, the FAA may initiate further AD action 
(notice of proposed rulemaking followed by a final rule) to require 
these inspections to be repetitive. Credit will be given in any 
subsequent action for the initial inspection done under this AD.

Determination of the Effective Date of the AD

    Since a situation exists (possible uncontrolled flight) that 
requires the immediate adoption of this regulation, it is found that 
notice and opportunity for public prior comment hereon are 
impracticable, and that good cause exists for making this amendment 
effective in less than 30 days.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting immediate flight safety and, thus, was not 
preceded by notice and opportunity to comment, comments are invited on 
this rule. Interested persons are invited to comment on this 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 will be considered, 
and this rule may be amended in light of the comments received. Factual 
information that supports the commenter's ideas and suggestions is 
extremely helpful in evaluating the effectiveness of the AD action and 
determining whether additional rulemaking action would be needed.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the 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 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must

[[Page 14822]]

submit a self-addressed, stamped postcard on which the following 
statement is made: ``Comments to Docket No. 99-CE-08-AD.'' The postcard 
will be date stamped and returned to the commenter.

Regulatory Impact

    The regulations adopted herein 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 12612, it is determined that this final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and is not a significant regulatory action under 
Executive Order 12866. It has been determined further that this action 
involves an emergency regulation under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979). If it is determined that 
this emergency regulation otherwise would be significant under DOT 
Regulatory Policies and Procedures, a final regulatory evaluation will 
be prepared and placed in the Rules Docket (otherwise, an evaluation is 
not required). A copy of it, if filed, may be obtained from the Rules 
Docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends 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:

99-07-11  Socata--Groupe Aerospatiale: Amendment 39-11096; Docket 
No. 99-CE-08-AD.

    Applicability: Model TBM 700 airplanes, all serial numbers, 
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 (d) 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 as indicated in the body of this AD, unless 
already accomplished.
    To prevent structural damage to the stabilizer caused by 
outboard hinge fitting cracks, which could result in uncontrolled 
flight if the hinges break, accomplish the following:
    (a) Upon accumulating 300 hours time-in-service (TIS) on the 
outboard hinge fittings of the horizontal stabilizer or within the 
next 25 hours TIS after the effective date of this AD, whichever 
occurs later, inspect the outboard hinge fittings of the horizontal 
stabilizer (part numbers in paragraphs (a)(1) and (a)(2) of this AD) 
for cracks. Accomplish this inspection in accordance with the 
Accomplishment Instructions section of SOCATA Alert Service Bulletin 
SB 70-077-55, dated February 1999:
    (1) Left-hand (LH) outboard hinge fitting: part number 
T700A5510065000; and
    (2) Right-hand (RH) outboard hinge fitting: part number 
T700A5510065001.
    (b) If any cracked outboard hinge fitting is found during the 
inspection required by paragraph (a) of this AD, prior to further 
flight, replace the cracked hinge fitting with an FAA-approved part 
that is free from cracks. Accomplish this replacement in accordance 
with the applicable maintenance manual.
    (c) 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.
    (d) An alternative method of compliance or adjustment of the 
compliance times that provides an equivalent level of safety may be 
approved by the Manager, 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.

    (e) Questions or technical information related to SOCATA Alert 
Service Bulletin SB 70-077-55, February 1999, should be directed to 
SOCATA Groupe AEROSPATIALE, Customer Support, Aerodrome Tarbes-
Ossun-Lourdes, BP 930-F65009 Tarbes Cedex, France; telephone: (33) 
5.62.41.73.00; 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.
    (f) The inspection required by this AD shall be done in 
accordance with SOCATA Alert Service Bulletin SB 70-077-55, February 
1999. This incorporation by reference was approved by the Director 
of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR 
part 51. Copies may be obtained from SOCATA Groupe AEROSPATIALE, 
Customer Support, Aerodrome Tarbes-Ossun-Lourdes, BP 930-F65009 
Tarbes Cedex, France; or the Product Support Manager, SOCATA--Groupe 
AEROSPATIALE, North Perry Airport, 7501 Pembroke Road, Pembroke 
Pines, Florida 33023. Copies may be inspected at the FAA, Central 
Region, Office of the Regional Counsel, Room 1558, 601 E. 12th 
Street, Kansas City, Missouri, or at the Office of the Federal 
Register, 800 North Capitol Street, NW, suite 700, Washington, DC.

    Note 3: The subject of this AD is addressed in French AD T1999-
060(A), dated February 1999.

    (g) This amendment becomes effective on April 16, 1999.

    Issued in Kansas City, Missouri, on March 18, 1999.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 99-7385 Filed 3-26-99; 8:45 am]
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