[Federal Register Volume 75, Number 104 (Tuesday, June 1, 2010)]
[Rules and Regulations]
[Pages 30272-30274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12595]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0286 Directorate Identifier 2010-CE-013-AD; 
Amendment 39-16320; AD 2010-11-15]
RIN 2120-AA64


Airworthiness Directives; SOCATA Model TBM 700 Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This AD results from mandatory continuing 
airworthiness information (MCAI) issued 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:

    The Civil Aviation Authority of the United Kingdom (UK) has 
informed EASA that significant quantities of Halon 1211 gas, 
determined to be outside the required specification, have been 
supplied to the aviation industry for use in fire extinguishing 
equipment. Halon 1211 (BCF) is used in portable fire extinguishers, 
usually fitted or stowed in aircraft passenger cabins and flight 
decks.
    EASA published Safety Information Bulletin (SIB) 2009-39 on 23 
October 2009 to make the aviation community aware of this safety 
concern.
    The results of the ongoing investigation have now established 
that LyonTech Engineering Ltd, a UK-based company, has supplied 
further consignments of Halon 1211 (BCF) to L'Hotellier that do not 
meet the required specification. This Halon 1211 has subsequently 
been used to fill certain P/N 863520-00 portable fire extinguishers 
that are now likely to be installed in or carried on certain TBM700 
aeroplanes.
    The contaminated nature of this gas, when used against a fire, 
may provide reduced fire suppression, endangering the safety of the 
aeroplane and its occupants. In addition, extinguisher activation 
may lead to release of toxic fumes, possibly causing injury to 
aeroplane occupants.

We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective July 6, 2010.
    On July 6, 2010, the Director of the Federal Register approved the 
incorporation by reference of certain publications listed in this AD.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at Document Management Facility, U.S. 
Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 
20590.

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

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on March 19, 2010 (75 
FR 13239). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    The Civil Aviation Authority of the United Kingdom (UK) has 
informed EASA that significant quantities of Halon 1211 gas, 
determined to be outside the required specification, have been 
supplied to the aviation industry for use in fire extinguishing 
equipment. Halon 1211 (BCF) is used in portable fire extinguishers, 
usually fitted or stowed in aircraft passenger cabins and flight 
decks.
    EASA published Safety Information Bulletin (SIB) 2009-39 on 23 
October 2009 to make the aviation community aware of this safety 
concern.
    The results of the ongoing investigation have now established 
that LyonTech Engineering Ltd, a UK-based company, has supplied 
further consignments of Halon 1211 (BCF) to L'Hotellier that do not 
meet the required specification. This Halon 1211 has subsequently 
been used to fill certain P/N 863520-00 portable fire extinguishers 
that are now likely to be installed in or carried on certain TBM700 
aeroplanes.
    The contaminated nature of this gas, when used against a fire, 
may provide reduced fire suppression, endangering the safety of the 
aeroplane and its occupants. In addition, extinguisher activation 
may lead to release of toxic fumes, possibly causing injury to 
aeroplane occupants.
    For the reason described above, this EASA AD requires the 
identification and removal from service of certain batches of fire 
extinguishers and replacement with serviceable units.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and 
the

[[Page 30273]]

public interest require adopting the AD as proposed.

Differences Between This 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 required 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 AD.

Costs of Compliance

    We estimate that this AD will affect 364 products of U.S. registry. 
We also estimate that it will take about .5 work-hour per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Required parts will cost about $0 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 parts. 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 this AD to the U.S. 
operators to be $15,470 or $43 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 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 this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866;
    (2) Is not a ``significant rule'' under 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 AD and placed it in the AD Docket.

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 Friday, except Federal 
holidays. The AD docket contains the NPRM, 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.

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 FAA amends 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. The FAA amends Sec.  39.13 by adding the following new AD:

2010-11-15 SOCATA: Amendment 39-16320; Docket No. FAA-2010-0286; 
Directorate Identifier 2010-CE-013-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective July 6, 
2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model TBM 700 airplanes, all serial 
numbers (SNs), that:
    (1) are certificated in any category; and
    (2) are equipped with part number (P/N) 863520-00 portable fire 
extinguishers, serial numbers (S/N) as listed in L'Hotellier Service 
Bulletin 863520-26-001, dated December 21, 2009.

Subject

    (d) Air Transport Association of America (ATA) Code 26: Fire 
Protection.

Reason

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

    The Civil Aviation Authority of the United Kingdom (UK) has 
informed EASA that significant quantities of Halon 1211 gas, 
determined to be outside the required specification, have been 
supplied to the aviation industry for use in fire extinguishing 
equipment. Halon 1211 (BCF) is used in portable fire extinguishers, 
usually fitted or stowed in aircraft passenger cabins and flight 
decks.
    EASA published Safety Information Bulletin (SIB) 2009-39 on 23 
October 2009 to make the aviation community aware of this safety 
concern.
    The results of the ongoing investigation have now established 
that LyonTech Engineering Ltd, a UK-based company, has supplied 
further consignments of Halon 1211 (BCF) to L'Hotellier that do not 
meet the required specification. This Halon 1211 has subsequently 
been used to fill certain P/N 863520-00 portable fire extinguishers 
that are now likely to be installed in or carried on certain TBM700 
aeroplanes.
    The contaminated nature of this gas, when used against a fire, 
may provide reduced fire suppression, endangering the safety of the 
aeroplane and its occupants. In addition, extinguisher activation 
may lead to release of toxic fumes, possibly causing injury to 
aeroplane occupants.
    For the reason described above, this EASA AD requires the 
identification and removal from service of certain batches of fire 
extinguishers and replacement with serviceable units.

Actions and Compliance

    (f) Unless already done, within 3 months after July 6, 2010 (the 
effective date of this AD), do the following in accordance with 
DAHER-SOCATA TBM Aircraft Mandatory Service Bulletin SB 70-183, 
dated January 2010:
    (1) Inspect the fire extinguisher(s) installed or carried on 
board the airplane for any P/N and S/N fire extinguisher listed in 
L'Hotellier Service Bulletin 863520-26-001, dated December 21, 2009; 
and
    (2) If, as a result of the inspection required by paragraph 
(f)(1) of this AD, you find any fire extinguisher listed in 
L'Hotellier Service Bulletin 863520-26-001, dated December 21, 2009, 
before further flight, remove it from the airplane and replace it 
with a serviceable unit in accordance with L'Hotellier Service

[[Page 30274]]

Bulletin 863520-26-001, dated December 21, 2009.
    (3) As of July 6, 2010 (the effective date of this AD), do not 
install any fire extinguisher listed in L'Hotellier Service Bulletin 
863520-26-001, dated December 21, 2009, on any airplane, unless it 
has been overhauled with compliant Halon 1211 (BCF) and re-
identified, in accordance with the instructions of L'Hotellier 
Service Bulletin 863520-26-001, dated December 21, 2009.

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 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.

Related Information

    (h) Refer to MCAI EASA AD No.: 2010-0012, dated February 5, 
2010; DAHER-SOCATA TBM Aircraft Mandatory Service Bulletin SB 70-
183, dated January 2010; and L'Hotellier Service Bulletin 863520-26-
001, dated December 21, 2009, for related information.

Material Incorporated by Reference

    (i) You must use DAHER-SOCATA TBM Aircraft Mandatory Service 
Bulletin SB 70-183, dated January 2010; and L'Hotellier Service 
Bulletin 863520-26-001, dated December 21, 2009, 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 
SOCATA--Direction des Services--65921 Tarbes Cedex 9--France; 
telephone +33 (0)5 6241-7300, fax +33 (0)5 62 41 76 54, or for North 
America: SOCATA NORTH AMERICA, 7501 South Airport Road, North Perry 
Airport (HWO), Pembroke Pines, Florida 33023; telephone: 954-893-
1400; fax: 54-964-4141. For details on the fire extinguisher, 
contact: L'HOTELLIER, 4 rue Henri Poincar[eacute], 92167 ANTONY 
Cedex, France; telephone +33(0) 1 46 66 08 08; fax +33(0) 1 46 66 23 
24; e-mail: [email protected]. To obtain a copy of the 
referenced L'Hotellier service bulletin, e-mail: 
[email protected].
    (3) You may review copies of the service information 
incorporated by reference for this AD at the FAA, Central Region, 
Office of the Regional Counsel, 901 Locust, Kansas City, Missouri 
64106. For information on the availability of this material at the 
Central Region, call (816) 329-3768.
    (4) You may also review copies of the service information 
incorporated by reference for this AD at the National Archives and 
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 May 19, 2010.
John R. Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-12595 Filed 5-28-10; 8:45 am]
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