AD 2009-23-12

[Federal Register Volume 74, Number 218 (Friday, November 13, 2009)]
[Rules and Regulations]
[Pages 58539-58540]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: E9-27321]



[[Page 58539]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0557; Directorate Identifier 2009-CE-031-AD; 
Amendment 39-16086; AD 2009-23-12]
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 revising an existing 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:

    During a SOCATA flight test, it has been noted some difficulties 
for the pilot to release oxygen.
    After investigation it has been found that, due to the design of 
the oxygen generator release pin, one of the mask's lanyard linked 
to the pin can be jammed when it is pulled by a pilot or a 
passenger.
    This condition, if not corrected, would lead, in case of an 
emergency procedure due to decompression, to a risk of generator 
fault with subsequent lack of oxygen on crew and/or passenger. * * *
    This revision has been released to clarify the applicability.

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

DATES: This AD becomes effective December 18, 2009.
    As of July 9, 2009 (74 FR 29126, June 19, 2009), the Director of 
the Federal Register approved the incorporation by reference of page 
3.13.5 of Temporary Revision No. 3, dated March 2009, of SOCATA TBM 700 
A & B Pilot Operating Handbook (POH), 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 the Docket 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 September 2, 2009 
(74 FR 45391), and proposed to revise AD 2009-13-05, Amendment 39-15944 
(74 FR 29126, June 19, 2009). That NPRM proposed to correct an unsafe 
condition for the specified products. The MCAI states that:

    During a SOCATA flight test, it has been noted some difficulties 
for the pilot to release oxygen.
    After investigation it has been found that, due to the design of 
the oxygen generator release pin, one of the mask's lanyard linked 
to the pin can be jammed when it is pulled by a pilot or a 
passenger.
    This condition, if not corrected, would lead, in case of an 
emergency procedure due to decompression, to a risk of generator 
fault with subsequent lack of oxygen on crew and/or passenger.
    For the reason described above, SOCATA has released Pilot 
Operating Handbook (POH) Temporary Revision (TR) 03 which asks, in 
case of failure to release oxygen, to pull on the other mask lanyard 
in order to activate the oxygen generator.
    This revision has been released to clarify the applicability.
    A SOCATA modification enabling to solve this issue is under 
preparation. Once this modification has been released, this AD is 
expected to be revised to confirm the acceptability of that 
modification.

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

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 147 products of U.S. registry. 
We also estimate that it will take about 0.5 work-hour per product to 
comply with the basic requirements of this AD. The average labor rate 
is $80 per work-hour.
    Based on these figures, we estimate the cost of this AD on U.S. 
operators to be $5,880, or $40 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.

[[Page 58540]]

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 removing Amendment 39-15944 (74 FR 
29126, June 19, 2009) and adding the following new AD:

2009-23-12 SOCATA: Amendment 39-16086; Docket No. FAA-2009-0557; 
Directorate Identifier 2009-CE-031-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective December 
18, 2009.

Affected ADs

    (b) This AD revises AD 2009-13-05, Amendment 39-15944.

Applicability

    (c) This AD applies to the following model and serial number 
airplanes that are:
    (i) certificated in any category; and
    (ii) equipped with a chemical oxygen generation system.

------------------------------------------------------------------------
                   Model                             Serial Nos.
------------------------------------------------------------------------
TBM 700...................................  1 through 204, 206 through
                                             239, and 241 through 243.
------------------------------------------------------------------------

Subject

    (d) Air Transport Association of America (ATA) Code 35: Oxygen.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    During a SOCATA flight test, it has been noted some difficulties 
for the pilot to release oxygen.
    After investigation it has been found that, due to the design of 
the oxygen generator release pin, one of the mask's lanyard linked 
to the pin can be jammed when it is pulled by a pilot or a 
passenger.
    This condition, if not corrected, would lead, in case of an 
emergency procedure due to decompression, to a risk of generator 
fault with subsequent lack of oxygen on crew and/or passenger.
    For the reason described above, SOCATA has released Pilot 
Operating Handbook (POH) Temporary Revision (TR) 03 which asks, in 
case of failure to release oxygen, to pull on the other mask lanyard 
in order to activate the oxygen generator.
    This revision has been released to clarify the applicability.
    A SOCATA modification enabling to solve this issue is under 
preparation. Once this modification has been released, this AD is 
expected to be revised to confirm the acceptability of that 
modification.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Before further flight after July 9, 2009 (the effective date 
retained from AD 2009-13-05), insert Page 3.13.5 of Temporary 
Revision No. 3, dated March 2009, into the Emergency Procedures 
section and the Limitations section of SOCATA TBM 700 A & B Pilot 
Operating Handbook (POH).
    (2) Under 14 CFR section 43.7 of the Federal Aviation 
Administration Regulations (14 CFR 43.7), the owner/operator holding 
at least a private pilot certificate is allowed to insert the 
temporary revision into the POH. Make an entry into the aircraft 
logbook showing compliance with this portion of the AD per 
compliance with section 43.9 of the Federal Aviation Regulations (14 
CFR 43.9).

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.

Material Incorporated by Reference

    (h) You must use page 3.13.5 of Temporary Revision No. 3, dated 
March 2009, of SOCATA TBM 700 A & B Pilot Operating Handbook (POH), 
to do the actions required by this AD, unless the AD specifies 
otherwise.
    (1) On July 9, 2009 (74 FR 29126, June 19, 2009), the Director 
of the Federal Register previously approved the incorporation by 
reference of page 3.13.5 of Temporary Revision No. 3, dated March 
2009, of SOCATA TBM 700 A & B Pilot Operating Handbook (POH).
    (2) For service information identified in this AD, contact 
SOCATA, 65921--TARBES Cedex 9, France; telephone: +33 6 07 32 62 24; 
or SOCATA, North Perry Airport, 7501 South Airport Rd., Pembrokes 
Pines, FL 33023; telephone: (954) 893-1400; fax: (954) 964-4141; 
Internet: <a href="http://mysocata.com">http://mysocata.com</a>.
    (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: <a href="http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html">http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html</a>.

    Issued in Kansas City, Missouri, on November 6, 2009.
Margaret Kline,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-27321 Filed 11-12-09; 8:45 am]
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