AD 2008-19-10

[Federal Register Volume 73, Number 182 (Thursday, September 18, 2008)]
[Rules and Regulations]
[Pages 54065-54067]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: E8-21359]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0748 Directorate Identifier 2008-CE-041-AD; 
Amendment 39-15677; AD 2008-19-10]
RIN 2120-AA64


Airworthiness Directives; EADS SOCATA Model TBM 700 Airplanes

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

ACTION: Final rule.

-----------------------------------------------------------------------

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:

    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.

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

DATES: This AD becomes effective October 23, 2008.
    On October 23, 2008, 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a> 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 July 8, 2008 (73 FR 
38935). That NPRM proposed 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.

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 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 72 products of U.S. registry. 
We also estimate that it will take about 1 work-hour per product to 
comply with basic requirements of this 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 this AD to the 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 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

[[Page 54066]]

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://www.regulations.gov">http://www.regulations.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 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:

2008-19-10 EADS SOCATA: Amendment 39-15677; Docket No. FAA-2008-
0748; Directorate Identifier 2008-CE-041-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective October 
23, 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 October 23, 2008 (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.
    (3) If the gap is at or above 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, recondition the airplane 
following paragraph D 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 October 23, 2008 (the effective date of this AD), do the 
following actions, unless already done:
    (1) 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 (g)(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.
    (3) If the gap is at or above 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 (g)(1) of this AD, recondition the airplane 
following paragraph D 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

[[Page 54067]]

Bulletin SB 70-154, dated April 2008 for related information.

Material Incorporated by Reference

    (k) You must use EADS SOCATA Mandatory TBM Aircraft Service 
Bulletin SB 70-154, dated April 2008 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 EADS 
SOCATA, Direction des Services, 6921 Tarbes Cedex 9, France; or 
SOCATA AIRCRAFT, INC., North Perry Airport, 7501 South Airport Road, 
Pembroke Pine, Florida 33023.
    (3) 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 September 8, 2008.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. E8-21359 Filed 9-17-08; 8:45 am]
BILLING CODE 4910-13-P