[Federal Register Volume 72, Number 34 (Wednesday, February 21, 2007)]
[Proposed Rules]
[Pages 7838-7840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-2888]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 72, No. 34 / Wednesday, February 21, 2007 / 
Proposed Rules  

[[Page 7838]]



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: Supplemental notice of proposed rulemaking (NPRM); reopening of 
the comment period.

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SUMMARY: We are revising an earlier NPRM for the products listed above. 
This proposed AD results from mandatory continuing airworthiness 
information (MCAI) originated 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:

    * * * a Nose Landing Gear (NLG) hinge pin rupture that causes an 
uncommanded NLG retraction.
    Investigations identified the 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.

The proposed AD would require actions that are intended to address the 
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by March 23, 2007.

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: Albert J. 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:

Streamlined Issuance of AD

    The FAA is implementing a new process for streamlining the issuance 
of ADs related to MCAI. This 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 follow all FAA AD 
issuance processes to meet legal, economic, Administrative Procedure 
Act, and Federal Register requirements. We also continue to meet our 
technical decision-making responsibilities to identify and correct 
unsafe conditions on U.S.-certificated products.
    This proposed AD references the MCAI and related service 
information that we considered in forming the engineering basis to 
correct the unsafe condition. The proposed AD contains text copied from 
the MCAI and for this reason might not follow our plain language 
principles.

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

    We proposed to amend 14 CFR part 39 with an earlier NPRM for the 
specified products, which was published in the Federal Register on 
September 15, 2006 (71 FR 54446). That earlier NPRM proposed to require 
actions intended to address the unsafe condition for the products 
listed above.
    Since that NPRM was issued, EADS SOCATA amended TBM Aircraft 
Mandatory Alert Service Bulletin SB 70-147, dated July 2006, to extend 
the landing gear applicability to Model TBM 700 aircraft equipped with 
nose landing gear (part number (P/N) 21130-001-02) with serial numbers 
(S/Ns) B155 through B173 and EUR174 through EUR240.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued 
Emergency AD No. 2006-0271-E, Issue date: September 4, 2006 (referred 
to after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    * * * a Nose Landing Gear (NLG) hinge pin rupture that causes an 
uncommanded NLG retraction.
    Investigations identified the 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.
    The MCAI requires:
    * * * first to identify the concerned NLG and second to detect 
the defective hinge pins installed on aircraft or those held as 
spare and replace them with new ones.
    This AD also requires the introduction of interim operational 
instructions in order to diminish as many as possible stresses on 
the

[[Page 7839]]

NLG before the embodiment of the corrective actions.
    You may obtain further information by examining the MCAI in the 
AD docket.

Relevant Service Information

    EADS SOCATA has issued EADS SOCATA TBM Aircraft Mandatory Alert 
Service Bulletin SB 70-147, Amendment 1, dated September 2006. The 
actions described in this service information are intended to correct 
the unsafe condition identified in the MCAI.

Comments

    We have considered the following comments received on the earlier 
NPRM.
    The Modification and Replacement Parts Association (MARPA) provides 
comments to the MCAI AD process pertaining to how the FAA addresses 
publishing manufacturer service information as part of the proposed AD 
action. The commenter states that the rule, as proposed, attempts to 
require compliance with a public law by reference to a private writing 
(as referenced in paragraph (e) of the proposed AD). The commenter 
would like the FAA to incorporate by reference (IBR) the EADS SOCATA 
Alert service bulletin.
    We agree with the commenter. However, we do not IBR any document in 
a proposed AD action, instead we IBR the document in the final rule. 
Since we are considering issuing the proposal as a final rule AD 
action, EADS SOCATA TBM Aircraft Mandatory Alert Service Bulletin SB 
70-147, Amendment 1, dated September 2006, may be incorporated by 
reference if and when this proposed rule is issued as a final rule.
    MARPA requests IBR documents be made available to the public by 
publication in the Federal Register or in the Docket Management System 
(DMS).
    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.
    EADS SOCATA provides comments pertaining to TBM Aircraft Mandatory 
Alert Service Bulletin SB 70-147, dated July 2006, referenced in the 
NPRM.
    The NPRM proposes an AD associated with EADS SOCATA TBM Aircraft 
Mandatory Alert Service Bulletin SB 70-147, dated July 2006. In 
September 2006, EADS SOCATA issued an amendment to the service 
bulletin. This amendment extends the landing gear applicability to 
Model TBM 700 aircraft equipped with nose landing gear P/N 21130-001-02 
with S/Ns B155 through B173 and EUR174 through EUR240.
    EADS SOCATA specifies in TBM Aircraft Mandatory Alert Service 
Bulletin SB 70-147, dated July 2006, that the check of the nose landing 
gear S/N and the operational procedure must be done before the next 
flight. The batch number check and pin check must be done after a 
flight at an approved maintenance center. EASA canceled Emergency AD 
2006-0226-E and issued Emergency AD No. 2006-0271-E, Issue date: 
September 4, 2006. The NPRM also references this EASA AD.
    The FAA acknowledges the requirements in the service bulletin and 
latest EASA AD. However, the pin batch number check and application of 
the operational procedure are both specified as prior to further flight 
actions in the service bulletin. The FAA determined that this action is 
not an urgent safety of flight condition. We established the compliance 
time at 30 days to do both the pin batch number check and replacement 
of any affected parts. The operational procedure was only temporary 
until the replacement was done. Therefore, we are not requiring the 
operational procedure as part of the FAA AD.
    The only changes we are making to the proposed AD are (1) 
referencing the revised service bulletin to read EADS SOCATA Mandatory 
Service Bulletin SB 70-147, Amendment 1, dated September 2006; and (2) 
extending the landing gear applicability to Model TBM 700 aircraft 
equipped with nose landing gear (part number (P/N) 21130-001-02) with 
serial numbers (S/Ns) B155 through B173 and EUR174 through EUR240.

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.
    Certain changes described above expand the scope of the earlier 
NPRM. As a result, we have determined that it is necessary to reopen 
the comment period to provide additional opportunity for the public to 
comment on the proposed AD.

Differences Between This 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 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 
highlighted in a Note within the proposed AD.

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 comply with the basic 
requirements of this proposed AD. 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 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

[[Page 7840]]

products identified in this rulemaking action.

Regulatory Findings

    We 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 this 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 FAA 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: Docket No. FAA-2006-25581; Directorate Identifier 2006-
CE-41-AD.

Comments Due Date

    (a) We must receive comments by March 23, 2007.

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) B155 through B173 and S/N EUR 174 through EUR 240, 
that are certificated in any U.S. category.

Subject

    (d) Air Transport Association of America (ATA) Code 32: Landing 
Gear.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
describes the unsafe condition as follows:
    * * * a Nose Landing Gear (NLG) hinge pin rupture that causes an 
uncommanded NLG retraction.
    Investigations identified the 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.

Actions and Compliance

    (f) Within 30 days after the effective date of this AD, unless 
already done, do the following:
    (1) Identify the NLG hinge pin batch number as instructed in 
paragraph B of the accomplishment instructions of EADS SOCATA TBM 
Aircraft Mandatory Alert Service Bulletin SB 70-147, Amendment 1, 
dated September 2006.
    (i) 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 Mandatory Alert Service Bulletin SB 70-147, 
Amendment 1, dated September 2006.
    (ii) For airplanes with pins from the defective pin batch 
numbers or for which the batch number cannot be read, do all the 
actions as instructed in paragraphs B(5), C, and D of the 
accomplishment instructions of EADS SOCATA TBM Aircraft Mandatory 
Alert Service Bulletin SB 70-147, Amendment 1, dated September 2006.
    (2) As of the effective date of this AD, no person shall install 
on any EADS SOCATA Model TBM 700 airplane an NLG actuator hinge pin 
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

    Note: This AD differs from the MCAI and/or service information 
as follows: The service bulletin and MCAI require interim 
operational instructions until the corrective actions are done. This 
AD requires the corrective action at the same time as the pin batch 
number check.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Standards Staff, FAA, ATTN: Albert J. 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.
    (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) This AD is related to European Aviation Safety Agency 
Emergency AD No. 2006-0271-E, Issue date: September 4, 2006, which 
references EADS SOCATA TBM Aircraft Mandatory Alert Service Bulletin 
SB 70-147, Amendment 1, dated September 2006.

    Issued in Kansas City, Missouri, on February 13, 2007.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E7-2888 Filed 2-20-07; 8:45 am]
BILLING CODE 4910-13-P