AD 2007-06-11

[Federal Register Volume 72, Number 51 (Friday, March 16, 2007)]
[Rules and Regulations]
[Pages 12546-12548]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: E7-4724]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-26166; Directorate Identifier 2006-CE-58-AD; 
Amendment 39-14992; AD 2007-06-11]
RIN 2120-AA64


Airworthiness Directives; EADS 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:

    Cracks on a vertical stabilizer attachment fitting due to 
corrosion, have been found on an aircraft in service.

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

DATES: This AD becomes effective April 20, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of April 20, 
2007.

ADDRESSES: You may examine the AD docket on the Internet at <a href="http://dms.dot.gov">http://dms.dot.gov</a> or in person at the Docket Management Facility, U.S. 
Department of Transportation, 400 Seventh Street, SW., Nassif Building, 
Room PL-401, Washington, DC.

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. The 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

[[Page 12547]]

our technical decision-making responsibilities to identify and correct 
unsafe conditions on U.S.-certificated products.
    This AD references the MCAI and related service information that we 
considered in forming the engineering basis to correct the unsafe 
condition. The AD contains text copied from the MCAI and for this 
reason might not follow our plain language principles.

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 November 17, 2006 
(71 FR 66889). That NPRM proposed to correct an unsafe condition for 
the specified products. The MCAI states that:

    Cracks on a vertical stabilizer attachment fitting due to 
corrosion, have been found on an aircraft in service.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comments received.
    EADS SOCATA gave comments addressing the following:

Comment Issue No. 1: Costs of Compliance

    EADS SOCATA comments that the proposed AD specifies it would take 4 
work-hours per product to comply with the proposed AD, but according to 
EADS SOCATA, it would take 3.5 work-hours.
    The FAA agrees and will incorporate that change into the final rule 
Costs of Compliance section.

Comment Issue No. 2: Service Bulletin Compliance

    Quest Diagnostics comments that as an operator of 4 TBM 700 
aircraft with over 25,000 hours time-in-service (TIS) and more than 
35,000 cycles of operating experience they have been performing the 
requirements of EADS SOCATA Service Bulletin (SB) 70-104 since its 
publication in 2004. They have found in their experience that step 5 of 
the SB, which requires an additional step to perform a ``penetrante 
inspection'' to the bores of the fitting and attachment on the rear 
fitting, is impractical if not impossible to complete. They found that 
because this attachment area comprises a ``sandwich'' of attachment 
lugs any penetrant applied to this area in situ is absorbed between the 
layers and becomes impossible to clean without removing the fin 
completely. Further, they found, since each assembly is nearly 1 inch 
thick, there is severely limited visual access to the entire bore, 
particularly in the middle section. They contracted the services of a 
Level 3 Nondestructive Testing (NDT) inspector to perform a Rotary Gun 
Eddy Current Inspection of the fitting area. They discussed this 
situation with the EADS SOCATA Service Center in Pembroke Pines, 
Florida; came to the conclusion this is the only practical approach to 
completing this inspection without removal of the vertical fin; and 
feel the published procedure is inadequate for the purposes of 
detecting cracks in this area.
    EADS SOCATA has since released SB 70-104 Amendment 2, dated January 
2007. The revised service bulletin allows crack detection by penetrant 
inspection or other equivalent process (eddy current* * *) on the bores 
of the vertical stabilizer fitting and attachments. The revised service 
bulletin Amendment 2 will be incorporated into the AD, and the FAA will 
give 100 percent credit for doing the action with Amendment 1 of the 
Service Bulletin.

Conclusion

    We reviewed the available data, including the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the changes described previously. We determined that these 
changes will not increase the economic burden on any operator or 
increase the scope of the AD.

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 205 products of U.S. registry. 
We also estimate that it will take about 3.5 work-hours per product to 
comply with basic requirements of this AD. The average labor rate is 
$80 per work-hour. Required parts will cost about $3,000 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 $672,400, or $3,280 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 <a href="http://dms.dot.gov">http://dms.dot.gov</a>; 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

[[Page 12548]]

NPRM, 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.

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]

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

2007-06-11 EADS SOCATA Model TBM 700 Airplanes: Amendment 39-14992; 
Docket No. FAA-2006-26166; Directorate Identifier 2006-CE-58-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective April 
20, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to SOCATA TBM 700 airplanes, serial numbers 
1 through 308, plus the serial number 310, certificated in any 
category.

    Note 1: This AD does not apply to airplanes in which both 
modifications No. MOD70-127-55 and MOD70-129-53 have been factory 
installed.

Reason

    (d) The mandatory continuing airworthiness information (MCAI) 
states that:
    Cracks on a vertical stabilizer attachment fitting due to 
corrosion have been found on an aircraft in service.

Actions and Compliance

    (e) Unless already done, do the following actions.
    (1) Within the next 600 hours time-in-service (TIS) or the next 
12 months, whichever occurs first, after the effective date of this 
AD, inspect the vertical stabilizer attachment fittings and bolts 
for cracks or corrosion, and, if necessary, repair or replace the 
damaged part and then apply a corrosion protection reinforcement, 
following EADS SOCATA Service Bulletin SB 70-104, Amendment 1, dated 
August 2004 or EADS SOCATA TBM Aircraft Mandatory Service Bulletin 
SB 70-104, Amendment 2, dated January 2007.
    (2) Repeat the actions of paragraph (e)(1) every 1,200 hours TIS 
or every 24 months, whichever occurs first, following EADS SOCATA 
Service Bulletin SB 70-104, Amendment 1, dated August 2004 or EADS 
SOCATA Service Bulletin SB 70-104, Amendment 2, dated January 2007.

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information 
as follows: This AD permits Amendment 2 of the SB to be used.

Other FAA AD Provisions

    (f) 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. 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

    (g) Refer to Direction generale de l'aviation civile (DGAC) AD 
No F-2003-366 R1, dated November 24, 2004; EADS SOCATA TBM Aircraft 
Mandatory Service Bulletin SB 70-104, Amendment 1, dated August 
2004; and EADS SOCATA TBM Aircraft Mandatory Service Bulletin SB 70-
104, Amendment 2, dated January 2007 for related information.

Material Incorporated by Reference

    (h) You must use EADS SOCATA TBM Aircraft Mandatory Service 
Bulletin No. SB 70-104, Amendment 1, dated August 2004, or EADS 
SOCATA TBM Aircraft Mandatory Service Bulletin No. SB 70-104, 
Amendment 2, dated January 2007 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.
    (3) For service information identified in this AD, contact EADS 
SOCATA, Direction des Services, 65921 Tarbes Cedex 9, France.
    (4) You may review copies at the FAA, Central Region, Office of 
the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri 
64106; or 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: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued in Kansas City, Missouri, on March 7, 2007.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-4724 Filed 3-15-07; 8:45 am]
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