[Federal Register Volume 73, Number 131 (Tuesday, July 8, 2008)]
[Proposed Rules]
[Pages 38935-38937]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-15461]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0748; Directorate Identifier 2008-CE-041-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:

    It has been discovered that a risk of mechanical interference 
exists in the movement of the emergency landing gear by-pass 
selector, due to an insufficient functional gap between a floor 
panel attachment lug and the landing gear control button.
    This condition, if not corrected, causes mechanical interference 
which could result in a situation where, during emergency 
procedures, the landing gear cannot be extended.

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 7, 2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through

[[Page 38936]]

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-2008-0748; 
Directorate Identifier 2008-CE-041-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://www.regulations.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 
Emergency AD No. 2008-0081-E, dated April 25, 2008, (referred to after 
this as ``the MCAI''), to correct an unsafe condition for the specified 
products. The MCAI states:

    It has been discovered that a risk of mechanical interference 
exists in the movement of the emergency landing gear by-pass 
selector, due to an insufficient functional gap between a floor 
panel attachment lug and the landing gear control button.
    This condition, if not corrected, causes mechanical interference 
which could result in a situation where, during emergency 
procedures, the landing gear cannot be extended.
    For the reasons described above, this EASA Emergency 
Airworthiness Directive (AD) requires a check of the gap between the 
landing gear control button and the floor panel and, if the gap is 
found to be insufficient, modification of the floor panel.

You may obtain further information by examining the MCAI in the AD 
docket.

 Relevant Service Information

    EADS SOCATA has issued Mandatory TBM Aircraft Service Bulletin SB 
70-154, dated April 2008. 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

    We estimate that this proposed AD will affect 72 products of U.S. 
registry. We also estimate that it would take about 1 work-hour per 
product to comply with the basic requirements of this proposed AD. The 
average labor rate is $80 per work-hour (no labor cost; work-hour 
warranty given by manufacturer until May 31, 2009).
    Based on these figures, we estimate the cost of the proposed AD on 
U.S. operators to be $5,760 or $80 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-2008-0748; Directorate Identifier 2008-
CE-041-AD.

[[Page 38937]]

Comments Due Date

    (a) We must receive comments by August 7, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to TBM 700 airplanes, serial numbers 364, 
367, and 370 through 439, certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 53: 
Fuselage.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    It has been discovered that a risk of mechanical interference 
exists in the movement of the emergency landing gear by-pass 
selector, due to an insufficient functional gap between a floor 
panel attachment lug and the landing gear control button.
    This condition, if not corrected, causes mechanical interference 
which could result in a situation where, during emergency 
procedures, the landing gear cannot be extended.
    For the reasons described above, this EASA Emergency 
Airworthiness Directive (AD) requires a check of the gap between the 
landing gear control button and the floor panel and, if the gap is 
found to be insufficient, modification of the floor panel.

Actions and Compliance

    (f) For airplanes that have had the floor panel removed for 
maintenance or if it cannot be positively determined that the floor 
panel has not been removed at any time, do the following actions, 
unless already done:
    (1) Before further flight after the effective date of this AD, 
inspect the gap between the landing gear control button and the 
floor panel. Do the inspection following paragraph A of the 
Accomplishment Instructions in EADS SOCATA Mandatory TBM Aircraft 
Service Bulletin SB 70-154, dated April 2008.
    (2) If the gap is below the limits specified in paragraph A of 
EADS SOCATA Mandatory TBM Aircraft Service Bulletin SB 70-154, dated 
April 2008, before further flight after the inspection required in 
paragraph (f)(1) of this AD, modify the floor panel following 
paragraph C of the Accomplishment Instructions in EADS SOCATA 
Mandatory TBM Aircraft Service Bulletin SB 70-154, dated April 2008.
    (g) For airplanes in which it can be positively determined that 
the floor panel has not been removed at any time, within the next 30 
days after the effective date of this AD, modify the floor panel 
following paragraph C of the Accomplishment Instructions in EADS 
SOCATA Mandatory TBM Aircraft Service Bulletin SB 70-154, dated 
April 2008.

FAA AD Differences

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

Other FAA AD Provisions

    (h) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Standards Office, 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.

Special Flight Permit

    (i) A single ferry flight of the airplane with landing gear 
extended is allowed in order to reach the nearest maintenance 
facility where the inspection and modification is to be done.

Related Information

    (j) Refer to MCAI European Aviation Safety Agency (EASA) 
Emergency AD No. 2008-0081-E, dated April 25, 2008; and EADS SOCATA 
Mandatory TBM Aircraft Service Bulletin SB 70-154, dated April 2008 
for related information.

    Issued in Kansas City, Missouri, on July 1, 2008.
John Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-15461 Filed 7-7-08; 8:45 am]
BILLING CODE 4910-13-P