[Federal Register Volume 67, Number 192 (Thursday, October 3, 2002)]
[Rules and Regulations]
[Pages 61980-61982]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24687]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-CE-16-AD; Amendment 39-12899; AD 2002-20-04]
RIN 2120-AA64


Airworthiness Directives; SOCATA--Groupe AEROSPATIALE Model TB 21 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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[[Page 61981]]

SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
applies to certain SOCATA--Groupe AEROSPATIALE (Socata) Model TB 21 
airplanes. This AD requires you to modify the exhaust system. 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 high levels of carbon monoxide from 
entering the cockpit during certain flight configurations, which could 
result in the pilot becoming incapacitated or impairing his/her 
judgement. Such a condition could lead to the pilot not being able to 
make critical flight safety decisions and result in loss of control of 
the airplane.

DATES: This AD becomes effective on November 18, 2002.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the regulations as of 
November 18, 2002.

ADDRESSES: You may get the service information referenced in this AD 
from SOCATA Groupe AEROSPATIALE, Customer Support, Aerodrome Tarbes-
Ossun-Lourdes, BP 930--F65009 Tarbes Cedex, France; telephone: 011 33 5 
62 41 73 00; facsimile: 011 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) 893-
1400; facsimile: (954) 964-4141. You may view this information at the 
Federal Aviation Administration (FAA), Central Region, Office of the 
Regional Counsel, Attention: Rules Docket No. 2002-CE-16-AD, 901 
Locust, Room 506, 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: Karl Schletzbaum, Aerospace Engineer, 
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4146; facsimile: (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Discussion

What Events Have Caused This AD?

    The Direction G[eacute]n[eacute]rale de l'Aviation Civile (DGAC), 
which is the airworthiness authority for France, recently notified FAA 
that an unsafe condition may exist on certain Socata Model TB 21 
airplanes. The DGAC reports three occurrences in which carbon monoxide 
levels in the cockpit have been found to be above specified tolerance 
levels during certain flight configurations. Carbon monoxide is 
entering the cockpit from the rear part of the fuselage.
    This condition resulted from a design problem and all three 
occurrences were discovered prior to delivery of any of the affected 
airplanes. The modification required in this AD is being applied at the 
factory for all other Model TB 21 airplanes not affected by this AD.

What Is the Potential Impact if FAA Took No Action?

    This condition, if not corrected, could result in high levels of 
carbon monoxide entering the cockpit during certain flight 
configurations. High levels of carbon monoxide in the cockpit could 
result in the pilot becoming incapacitated or impairing his/her 
judgement. Such a condition could lead to the pilot not being able to 
make critical flight safety decisions and result in loss of control of 
the airplane.

Has FAA Taken Any Action to This Point?

    We issued a proposal to amend part 39 of the Federal Aviation 
Regulations (14 CFR part 39) to include an AD that would apply to 
certain Socata Model TB 21 airplanes. This proposal was published in 
the Federal Register as a notice of proposed rulemaking (NPRM) on July 
2, 2002 (67 FR 44401). The NPRM proposed to require you to modify the 
exhaust system.

Was the Public Invited to Comment?

    The FAA encouraged interested persons to participate in the making 
of this amendment. The following presents the comment received on the 
proposal and FAA's response to the comment.

Comment Issue: AD Is Not Warranted

What Is the Commenter's Concern?

    The commenter states that any Model TB airplane with a properly 
maintained exhaust system should not have a problem with high levels of 
carbon monoxide entering the cockpit. The commenter has accumulated 
over 1,200 hours time-in-service and 1,000 landings, including slow and 
normal flight conditions, on an affected airplane and has not 
experienced high levels of carbon monoxide in the cockpit. The 
commenter believes AD action is not necessary.

What Is FAA's Response to the Concern?

    We do not concur that AD action is not necessary. We acknowledge 
that some airplanes may go long periods of time without carbon monoxide 
problems. However, we continue to receive reports of accident 
investigations where carbon monoxide poisoning of the crew was a 
contributor to the accident. Therefore, we have not changed the final 
rule AD based on this comment.

FAA's Determination

What Is FAA's Final Determination on This Issue?

    We carefully reviewed all available information related to the 
subject presented above and determined that air safety and the public 
interest require the adoption of the rule as proposed except for the 
changes discussed above and minor editorial questions. We have 
determined that these changes and minor corrections:

--Provide the intent that was proposed in the NPRM for correcting the 
unsafe condition; and
--Do not add any additional burden upon the public than was already 
proposed in the NPRM.

Cost Impact

How Many Airplanes Does this AD Impact?

    We estimate that this AD affects 13 airplanes in the U.S. registry.

What Is the Cost Impact of This AD on Owners/Operators of the Affected 
Airplanes?

    We estimate the following costs to accomplish the modification:

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                                                                            Total cost per    Total cost on U.S.
                        Labor cost                           Parts cost        airplane           operators
----------------------------------------------------------------------------------------------------------------
3 workhours x $60 = $180..................................        $260.              $440.   $440 x 13 = $5,720.
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[[Page 61982]]

Regulatory Impact

Does This AD Impact Various Entities?

    The regulations adopted herein 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. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.

Does This AD Involve a Significant Rule or Regulatory Action?

    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) will not have a 
significant economic impact, positive or negative, on a substantial 
number of small entities under the 2 criteria of the Regulatory 
Flexibility Act. A copy of the final evaluation prepared for this 
action is contained 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, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, under 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. FAA amends Sec.  39.13 by adding a new AD to read as follows:

2002-20-04 SOCATA--Groupe AEROSPATIALE: Amendment 39-12899; Docket 
No. 2002-CE-16-AD.

    (a) What airplanes are affected by this AD? This AD affects 
Model TB 21 airplanes, serial numbers 500 through 2080, 2091, and 
2101, that are certificated in any category.
    (b) Who must comply with this AD? Anyone who wishes to operate 
any of the airplanes identified in paragraph (a) of this AD must 
comply with this AD.
    (c) What problem does this AD address? The actions specified by 
this AD are intended to prevent high levels of carbon monoxide from 
entering the cockpit during certain flight configurations, which 
could result in the pilot becoming incapacitated or impairing his/
her judgement. Such a condition could lead to the pilot not being 
able to make critical flight safety decisions and result in loss of 
control of the airplane.
    (d) What actions must I accomplish to address this problem? To 
address this problem, you must accomplish the following:

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Install a part number (P/ Within the next 50    In accordance with
 N) TB 21 9600200000 exhaust   hours time-in-        Socata TB Aircraft
 extension to the exhaust      service (TIS) after   Mandatory Service
 pipe. This installation is    November 18, 2002     Bulletin SB 10-126
 Modification No. MOD.178.     (the effective date   78, dated November
                               of this AD).          2001, and the
                                                     applicable
                                                     maintenance manual.
(2) Do not install, on any    As of November 18,    Not applicable.
 affected airplane, any of     2002 (the effective
 the following components      date of this AD).
 without incorporating
 Modification No. MOD.178 as
 required by paragraph
 (d)(1) of this AD:.
    (i) Exhaust installation
     assemblies P/N TB21
     56001000, P/N TB21
     56001005, or P/N TB21
     5600100501; or
    (ii) Turbo exhaust tubes
     P/N TB21 56001001, P/N
     TB21 56001006, or P/N
     TB21 5600100601.
------------------------------------------------------------------------

    (e) Can I comply with this AD in any other way? You may use an 
alternative method of compliance or adjust the compliance time if:
    (1) Your alternative method of compliance provides an equivalent 
level of safety; and
    (2) The Standards Office Manager, Small Airplane Directorate, 
approves your alternative. Submit your request through an FAA 
Principal Maintenance Inspector, who may add comments and then send 
it to the Standards Office Manager.

    Note 1: This AD applies to each airplane identified in paragraph 
(a) of this AD, 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 (e) 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 you have not eliminated the unsafe condition, specific 
actions you propose to address it.

    (f) Where can I get information about any already-approved 
alternative methods of compliance? Contact Karl Schletzbaum, 
Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, 
Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4146; 
facsimile: (816) 329-4090.
    (g) What if I need to fly the airplane to another location to 
comply with this AD? The FAA can issue a special flight permit under 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate your airplane to a location where 
you can accomplish the requirements of this AD. No passengers are 
allowed for this flight.
    (h) Are any service bulletins incorporated into this AD by 
reference? Actions required by this AD must be done in accordance 
with Socata TB Aircraft Mandatory Service Bulletin SB 10-126 78, 
dated November 2001. The Director of the Federal Register approved 
this incorporation by reference under 5 U.S.C. 552(a) and 1 CFR part 
51. You may get copies from SOCATA Groupe AEROSPATIALE, Customer 
Support, Aerodrome Tarbes-Ossun-Lourdes, BP 930--F65009 Tarbes 
Cedex, France; telephone: 011 33 5 62 41 73 00; facsimile: 011 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) 893-1400; facsimile: (954) 
964-4141. You may view copies at the FAA, Central Region, Office of 
the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri, 
or at the Office of the Federal Register, 800 North Capitol Street, 
NW, suite 700, Washington, DC.

    Note 2: The subject of this AD is addressed in French AD 2001-
610(A), dated December 12, 2001.

    (i) When does this amendment become effective? This amendment 
becomes effective on November 18, 2002.

    Issued in Kansas City, Missouri, on September 20, 2002.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 02-24687 Filed 10-2-02; 8:45 am]
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