[Federal Register Volume 71, Number 179 (Friday, September 15, 2006)]
[Proposed Rules]
[Pages 54446-54448]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-15332]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-25581; Directorate Identifier 2006-CE-41-AD]
RIN 2120-AA64


Airworthiness Directives; EADS SOCATA Model TBM 700 Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. This proposed AD results from mandatory 
continuing airworthiness information (MCAI) issued by an airworthiness 
authority of another country to identify and correct an unsafe 
condition on an aviation product. The proposed AD would require actions 
that are intended to address an unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by October 16, 
2006.

ADDRESSES: You may send comments by any of the following methods:
     DOT Docket Web Site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Fax: (202) 493-2251.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://dms.dot.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 proposed AD, the regulatory evaluation, any 
comments received, and other information. The street address for the 
Docket Office (telephone (800) 647-5227) is in the ADDRESSES section. 
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Gunnar Berg, Aerospace Engineer, FAA, 
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4141; facsimile: (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Streamlined Issuance of AD

    The FAA is implementing a new process for streamlining the issuance 
of ADs related to MCAI. The streamlined process will allow us to adopt 
MCAI safety requirements in a more efficient manner and will reduce 
safety risks to the public. This process continues to

[[Page 54447]]

follow all FAA AD issuance processes to meet legal, economic, 
Administrative Procedure Act, and Federal Register requirements. We 
also continue to meet our technical decisionmaking responsibilities to 
identify and correct unsafe conditions on U.S.-certificated products.

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2006-
25581; Directorate Identifier 2006-CE-41-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency, which is the airworthiness 
authority for the European Union, has issued Emergency AD No. 2006-
0226-E, Issue date: July 21, 2006 (referred to after this as ``the 
MCAI''), to correct an unsafe condition for the specified products. The 
MCAI states that the aircraft manufacturer has identified an unsafe 
condition resulting from an incomplete thermal treatment done on three 
hinge pin batches lowering their mechanical properties with a high risk 
of deformation under service loads. If not corrected, the nose landing 
gear (NLG) hinge pin may rupture and cause an uncommanded NLG 
retraction.
    The MCAI requires that you first identify the concerned NLG, and 
second, detect the defective hinge pins on aircraft or on shelves and 
replace them with new ones. You may obtain further information by 
examining the MCAI in the docket.

Relevant Service Information

    EADS SOCATA has issued TBM Aircraft Alert Service Bulletin SB 70-
147, ATA No. 32, dated July 2006. The actions described in this service 
information are intended to correct the unsafe condition identified in 
the MCAI.

FAA's Determination and Requirements of the Proposed 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 proposing this AD because 
we evaluated all information and determined the unsafe condition exists 
and is likely to exist or develop on other products of the same type 
design.

Differences Between the Proposed 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 a U.S. court of 
law. 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 proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
described in a separate paragraph of the proposed AD. These proposed 
requirements, if ultimately adopted, will take precedence over the 
actions copied from the MCAI.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 256 products of U.S. registry. We also estimate that 
it would take about 2 work-hours per product to do the action and that 
the average labor rate is $80 per work-hour. Required parts would cost 
about $1,025 per product. Where the service information lists required 
parts costs that are covered under warranty, we have assumed that there 
will be no charge for these costs. As we do not control warranty 
coverage for affected parties, some parties may incur costs higher than 
estimated here. Based on these figures, we estimate the cost of the 
proposed AD on U.S. operators to be $303,360, or $1,185 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies 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 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 have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 the proposed 
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the 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 proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 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. The FAA amends Sec.  39.13 by adding the following new AD:

EADS SOCATA: FAA-2006-25581; Directorate Identifier 2006-CE-41-AD

[[Page 54448]]

Comments Due Date

    (a) We must receive comments on this proposed airworthiness 
directive (AD) by October 16, 2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Model TBM 700 airplanes fitted with 
nose landing gear (NLG) part number (P/N) 21130-001-02 with serial 
numbers (S/N) B168 through B173 and S/N EUR 174 through EUR 239, 
that are certificated in any U.S. category.

Reason

    (d) The mandatory continuing airworthiness information (MCAI) 
states that the aircraft manufacturer has identified an unsafe 
condition resulting from an incomplete thermal treatment done on 
three hinge pin batches lowering their mechanical properties with a 
high risk of deformation under service loads. If not corrected, the 
NLG hinge pin may rupture and cause an uncommanded NLG retraction.

Actions and Compliance

    (e) Within 30 days after the effective date of this AD, unless 
already done, do the following except as stated in paragraph (f) 
below.
    (1) Verify the NLG serial number to determine its eligibility to 
this AD. If the NLG S/N is not listed in the applicability paragraph 
of this AD, no further action is required.
    (2) For airplanes with the applicable NLG S/N, apply the 
operational procedure as indicated in paragraph A of the 
accomplishment instructions of EADS SOCATA TBM Aircraft Alert 
Service Bulletin SB 70-147, ATA No. 32, dated July 2006. This can be 
done by inserting into the airplane flight manual, the EADS SOCATA 
TBM Aircraft Alert Service Bulletin SB 70-147, ATA No. 32, dated 
July 2006.
    (3) Identify the pin batch number as instructed in paragraph B 
of the accomplishment instructions of EADS SOCATA TBM Aircraft Alert 
Service Bulletin SB 70-147, ATA No. 32, dated July 2006. For 
airplanes with the correct pin batch numbers, no further action is 
required. Return the airplane to service as instructed in EADS 
SOCATA TBM Aircraft Alert Service Bulletin SB 70-147, ATA No. 32, 
dated July 2006.
    (4) For airplanes with pins from the defective pin batch numbers 
or for which the batch number is unreadable, do all the actions as 
instructed in paragraphs B 5), C, and D of the accomplishment 
instructions of EADS SOCATA TBM Aircraft Alert Service Bulletin SB 
70-147, ATA No. 32, dated July 2006.
    (5) As of the effective date of this AD, no person shall install 
on any EADS SOCATA Model TBM 700 airplane, any NLG actuator hinge 
pins coming from the three defective batches identified as EUR BC 
21344-000-01, EUR BD 21344-000-01, and EUR BF 21344-000-01 on NLG 
part number 21130-001-02.

FAA AD Differences

    (f) None.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Standards Staff, FAA, Small Airplane Directorate, ATTN: Gunnar Berg, 
Aerospace Engineer, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4141; facsimile: (816) 329-4090, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19.
    (2) Return to Airworthiness: 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, the 
Office of Management and Budget (OMB) has approved the information 
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) This AD is related to European Aviation Safety Agency 
Emergency AD No. 2006-0226-E, Issue date: July 21, 2006, which 
references EADS SOCATA TBM Aircraft Alert Service Bulletin SB 70-
147, ATA No. 32, dated July 2006.

    Issued in Kansas City, Missouri, on September 11, 2006.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E6-15332 Filed 9-14-06; 8:45 am]
BILLING CODE 4910-13-P