[Federal Register Volume 72, Number 147 (Wednesday, August 1, 2007)]
[Proposed Rules]
[Pages 41968-41970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-14857]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-28645; Directorate Identifier 2007-CE-059-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) 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:

    This Airworthiness Directive (AD) results from one report about 
imperfect locking on ground of the upper access door opening 
interior handle which has enabled its opening without actuating 
unlocking knob.
    If not corrected an inadvertent action on the handle without 
actuating the unlocking knob could lead to a door opening.
    Investigations identified the unsafe condition resulting from 
interference between the window trim panel and the handle locking 
mechanism.

    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 August 31, 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: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
     Federal eRulemaking Portal: Go to 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) 647-5527) is in the ADDRESSES section. 
Comments will be available in the AD docket shortly after receipt.

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:

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-2007-
28645; Directorate Identifier 2007-CE-059-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 (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Emergency Airworthiness (referred to after this as ``the MCAI''), to 
correct an unsafe condition for the specified products. The MCAI 
states:

    This Airworthiness Directive (AD) results from one report about 
imperfect locking on ground of the upper access door opening 
interior handle which has enabled its opening without actuating 
unlocking knob.
    If not corrected an inadvertent action on the handle without 
actuating the unlocking knob could lead to a door opening.
    Investigations identified the unsafe condition resulting from 
interference between the window trim panel and the handle locking 
mechanism.
    Requirements of this AD are first, check for proper operation 
the locking handle and secondly modification of the window trim 
panel.
    You may obtain further information by examining the MCAI in the 
AD docket.

Relevant Service Information

    EADS SOCATA has issued Mandatory Service Bulletin TBM Aircraft SB 
70-150, dated May 2007. 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 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 23 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 $5 per product. Where the 
service information lists

[[Page 41969]]

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 $3,795, or $165 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 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-2007-28645; Directorate Identifier 2007-
CE-059-AD.

Comments Due Date

    (a) We must receive comments by August 31, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to TBM 700 airplanes, serial numbers 1 
through 9, 11 through 17, 19 through 22, 25 through 27, 29 through 
31, 33 and 34, 38, 46, and 49, that are:
    (1) Certificated in any category;
    (2) Not equipped with modification No. MOD70-019-25; and
    (3) Equipped with an interior handle unlocking device through 
push-button.

Subject

    (d) Air Transport Association of America (ATA) Code 52: Doors.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    This Airworthiness Directive (AD) results from one report about 
imperfect locking on ground of the upper access door opening 
interior handle which has enabled its opening without actuating 
unlocking knob.
    If not corrected an inadvertent action on the handle without 
actuating the unlocking knob could lead to a door opening.
    Investigations identified the unsafe condition resulting from 
interference between the window trim panel and the handle locking 
mechanism.
    Requirements of this AD are first, check for proper operation 
the locking handle and secondly modification of the window trim 
panel.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) Before each flight after the effective date of this AD until 
the actions of paragraph (f)(2) of this AD have been done, check the 
handle locking using paragraph A of the accomplishment instructions 
in EADS SOCATA Mandatory TBM Aircraft Service Bulletin SB 70-150, 
dated May 2007. If any discrepancy is found, do the following before 
further flight until the modification in paragraph (f)(2) of this AD 
is done:
    (i) Fabricate a placard using letter at least \1/8\ inches in 
height with the words ``FLIGHT ALLOWED WITH ONLY THE FLIGHT DECK 
SEATS OCCUPIED.''
    (ii) Install this placard on the instrument panel within clear 
view of the pilot.
    (iii) 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 do both the pre-flight checks and the 
placard requirements of this AD. Make an entry in the aircraft 
records showing compliance with this portion of the AD following 
section 43.9 of the Federal Aviation Regulations (14 CFR 43.9).
    (2) Within the next 12 months after the effective date of this 
AD modify the window trim panel using paragraph B of the 
accomplishment instructions in EADS SOCATA Mandatory TBM Aircraft 
Service Bulletin SB 70-150, dated May 2007. This modification 
terminates the requirements of paragraph (f)(1) of this AD.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Standards Staff, FAA, has the authority to approve AMOCs for this 
AD, if requested using the procedures found in 14 CFR 39.19. Send 
information to 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. Before using 
any approved AMOC on any airplane to which the AMOC applies, notify 
your appropriate principal inspector (PI) in the FAA Flight 
Standards District Office (FSDO), or lacking a PI, your local FSDO.
    (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) Refer to MCAI European Aviation Safety Agency (EASA) 
Emergency AD No: 2007-0172-E, dated June 15, 2007; and EADS SOCATA 
Mandatory TBM Aircraft Service Bulletin SB 70-150, dated May 2007, 
for related information.


[[Page 41970]]


    Issued in Kansas City, Missouri, on July 26, 2007.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-14857 Filed 7-31-07; 8:45 am]
BILLING CODE 4910-13-P