[Federal Register Volume 72, Number 32 (Friday, February 16, 2007)]
[Rules and Regulations]
[Pages 7559-7561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-2507]



[[Page 7559]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-25637; Directorate Identifier 2006-CE-43-AD; 
Amendment 39-14939; AD 2007-04-08]
RIN 2120-AA64


Airworthiness Directives; EADS SOCATA Model TBM 700 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA adopts a new airworthiness directive (AD) for certain 
EADS SOCATA airplanes. This AD requires you to inspect the pilot door 
locking stop-fittings for correct length and, if any incorrect length 
pilot door locking stop-fittings are found, replace them. This AD 
results from mandatory continuing airworthiness information (MCAI) 
issued by the airworthiness authority for France. We are issuing this 
AD to detect and replace incorrect length pilot door locking stop-
fittings. This condition, if not corrected, could result in 
depressurization of the airplane.

DATES: This AD becomes effective on March 23, 2007.
    As of March 23, 2007, the Director of the Federal Register approved 
the incorporation by reference of certain publications listed in the 
regulation.

ADDRESSES: To get the service information identified in this AD, 
contact EADS SOCATA, Direction des Services, 65921 Tarbes Cedex 9, 
France; telephone: 33 (0)5 62 41 73 00; fax: 33 (0)5 62 41 76 54; or 
SOCATA AIRCRAFT, INC., North Perry Airport, 7501 South Airport Rd., 
Pembroke Pines, FL 33023; telephone: (954) 893-1400; fax: (954) 964-
4141.
    To view the AD docket, go to the Docket Management Facility; U.S. 
Department of Transportation, 400 Seventh Street, SW., Nassif Building, 
Room PL-401, Washington, DC 20590-001 or on the Internet at http://dms.dot.gov. The docket number is FAA-2006-25637; Directorate 
Identifier 2006-CE-43-AD.

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

    On September 20, 2006, 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 EADS SOCATA Model TBM 700 airplanes. This 
proposal was published in the Federal Register as a notice of proposed 
rulemaking (NPRM) on September 27, 2006 (71 FR 56414). The NPRM 
proposed to require you to inspect the pilot door locking stop fittings 
for correct length and, if any incorrect length pilot door locking stop 
fittings are found, replace them.

Comments

    We provided the public the opportunity to participate in developing 
this AD. The following presents the comments received on the proposal 
and FAA's response to each comment:

Comment Issue No 1: Applicability

    EADS SOCATA comments that EADS SOCATA Service Bulletin SB 70-131, 
ATA No. 53, dated July 2005, only applies to TBM 700 aircraft that are 
equipped with a pilot door. As such, this AD should only apply to TBM 
700 aircraft that are equipped with a pilot door.
    We agree and have changed the applicability statement so that it 
applies to Model TBM 700 airplanes, serial numbers 126 through 322, 
equipped with a pilot door, that are certificated in any category.

Comment Issue No 2: Material Incorporated by Reference

    Jack Buster of the Modification and Replacement Parts Association 
(MARPA) requests that service documents deemed essential to the 
accomplishment of this proposed action be incorporated by reference and 
published in the Docket Management System (DMS).
    We agree that the service documents are essential and should be 
incorporated by reference. However, we do not incorporate by reference 
any document in a proposed AD action; instead we incorporate by 
reference the document in the final rule. Since we are issuing the 
proposal as a final rule AD action, the service information referenced 
in this action will be incorporated by reference.
    We are currently reviewing issues surrounding the posting of 
service bulletins in the Department of Transportation's DMS as part of 
the AD docket. Once we have thoroughly examined all aspects of this 
issue and have made a final determination, we will consider whether our 
current practice needs to be revised.
    We have determined that to delay this AD action would be 
inappropriate since an unsafe condition exists. Therefore, we have made 
no change to the AD in this regard.

Comment Issue No 3: Parts Manufacturer Approval (PMA)

    Mr. Buster also requests that the issue of parts manufacturer 
approval (PMA) be addressed in the proposed action and that all 
Directorates within the FAA treat the issue the same per Section 1, 
paragraph (b)(10) of Executive Order 12866.
    Mr. Buster's comments are timely in that the FAA is currently 
reviewing this issue as it applies to all products: transport 
airplanes, commuter airplanes, general aviation airplanes, engines and 
propellers, rotorcraft, and appliances. The FAA acknowledges that there 
are different ways of addressing this issue to ensure that unsafe PMA 
parts are identified and addressed. Once we have thoroughly examined 
all aspects of this issue, including input from industry, and have made 
a final determination, we will consider developing a standardized 
approach and standardized language on how to address PMA parts in 
airworthiness directives.
    We have determined that to delay this AD action would be 
inappropriate since an unsafe condition exists and that replacement of 
certain parts must be done to ensure continued safety. Therefore, we 
have made no change to the AD in this regard.

Conclusion

    We have carefully reviewed the available data and determined that 
air safety and the public interest require adopting the AD as proposed 
except for minor editorial corrections. We have determined that these 
minor corrections:
     Are consistent with 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.

Costs of Compliance

    We estimate that this AD affects 157 airplanes in the U.S. 
registry.
    We estimate the following costs to accomplish the inspection and 
repair:

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                                                                                 Total cost per   Total cost on
                          Labor cost                              Parts cost        airplane      U.S. operators
----------------------------------------------------------------------------------------------------------------
4.5 work-hours x $80 per hour = $360.........................             $15             $375          $58,875
----------------------------------------------------------------------------------------------------------------

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 AD.

Regulatory Findings

    We have 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 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 summary of the costs to comply with this AD (and 
other information as included in the Regulatory Evaluation) and placed 
it in the AD Docket. You may get a copy of this summary by sending a 
request to us at the address listed under ADDRESSES. Include ``Docket 
No. FAA-2006-25637; Directorate Identifier 2006-CE-43-AD'' in your 
request.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
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

0
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]

0
2. FAA amends Sec.  39.13 by adding a new AD to read as follows:

2007-04-08 EADS SOCATA: Amendment 39-14939; Docket No. FAA-2006-
25637; Directorate Identifier 2006-CE-43-AD.

Effective Date

    (a) This AD becomes effective on March 23, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model TBM 700 airplanes, serial numbers 
126 through 322, equipped with a pilot door, that are certificated 
in any category.

Unsafe Condition

    (d) This AD results from a pilot door adjustment procedure not 
being done properly. We are issuing this AD to detect and correct 
incorrect length pilot door locking stop-fittings. This condition, 
if not corrected, could result in depressurization of the airplane.

Compliance

    (e) To address this problem, you must do the following:

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Inspect the pilot door    Within 30 days after  Follow EADS SOCATA
 locking stop-fittings for     March 23, 2007 (the   Service Bulletin SB
 correct length.               effective date of     70-131, ATA No. 53,
                               this AD), unless      dated July 2005.
                               already done.
(2) If any incorrect length   Before further        Follow EADS SOCATA
 pilot door locking stop-      flight after the      Service Bulletin SB
 fittings are found, replace   inspection required   70-131, ATA No. 53,
 them.                         by paragraph (e)(1)   dated July 2005.
                               of this AD.
------------------------------------------------------------------------

    (f) If you have ordered parts and they are not available, then 
you may fly unpressurized until parts become available or for a 
period not to exceed 90 days after the inspection required in 
paragraph (e)(1) of this AD, whichever occurs first. You must also 
fabricate and install a placard as described below. Completing the 
action of paragraph (e)(2) of this AD terminates the placard 
requirement.
    (1) Fabricate (using letters at least 1/8 inch in height) a 
warning placard which states ``This airplane is prohibited from 
pressurized flight.''
    (2) Install the placard in full view of the pilot. The owner/
operator holding at least a private pilot certificate as authorized 
by section 43.7 of the Federal Aviation Regulations (14 CFR 43.7) 
may install the placard as required in paragraph (f) of this AD.

Alternative Methods of Compliance (AMOCs)

    (g) The Manager, Standards Office, Small Airplane Directorate, 
FAA, 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, has the authority to 
approve AMOCs for this AD, if requested using the procedures found 
in 14 CFR 39.19.

Material Incorporated by Reference

    (h) You must use EADS SOCATA Service Bulletin SB 70-131, ATA No. 
53, dated July 2005 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 EADS 
SOCATA, Direction des Services, 65921 Tarbes Cedex 9, France; 
telephone: 33 (0)5 62 41 73 00; fax: 33 (0)5 62 41 76 54; or SOCATA 
AIRCRAFT, INC., North Perry Airport, 7501 South Airport Rd., 
Pembroke Pines, FL 33023; telephone: (954) 893-1400; fax: (954) 964-
4141.
    (3) You may review copies at the FAA, Central Region, Office of 
the Regional Counsel, 901 Locust, Kansas City, Missouri 64106; or at 
the National Archives and

[[Page 7561]]

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 February 6, 2007.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. E7-2507 Filed 2-15-07; 8:45 am]
BILLING CODE 4910-13-P