Federal Aviation Administration (FAA), Department of Transportation (DOT).
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 an excessive lateral play caused by a nonconforming washer that might lead to the deterioration of the elevator trim tab bearing fatigue resistance. We are issuing this AD to require actions to correct the unsafe condition on these products.
This AD becomes effective March 15, 2007.
The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of March 15, 2007.
You may examine the AD docket on the Internet at http://dms.dot.gov or in person at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC.Start Further Info
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.End Further Info End Preamble Start Supplemental 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 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.
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 20, 2006 (71 FR 67084). That NPRM proposed to require a check for lateral play of the elevator trim tabs and installation, if necessary, of a setting washer.
We gave the public the opportunity to participate in developing this AD. We have considered the comments received.
Comment Issue: Summary
EADS SOCATA comments that the proposed AD specifies an excessive Start Printed Page 5922lateral play caused by a nonconforming washer, but the excessive lateral play was caused by a nonconforming stop ring manufactured too short. The commenter states that the installation of a washer was the solution for this unsafe condition and not the cause.
The AD wording was taken directly from the associated MCAI (Direction générale de l'aviation civile (DGAC) France AD No. F-2006-028/1 February 2006; Approved by the European Aviation Safety Agency (EASA) on January 24, 2006; EASA Reference No. 2006-0024). France is the State of Design for these airplanes and the FAA determined that AD action was necessary in the United States. For continuity, we will retain this language as specified in the MCAI.
Comment Issue: Cost of Compliance
EADS SOCATA comments that the required parts are washers and cotters pins; the cost of the required part is negligible; and that it would take 1 work-hour to comply.
We will revise the work-hours estimate from 2 work-hours to 1 work-hour and the parts cost from $500 to $5 per EADS SOCATA's comments.
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 described in a separate paragraph of the AD, and take precedence over the actions copied from the MCAI.
Costs of Compliance
We estimate that this AD will affect about 52 products of U.S. registry. We also estimate that it will take 1 work-hour per product to comply with this AD. The average labor rate is $80 per work-hour. Required parts will cost about $5 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 $4,420 or $85 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.
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://dms.dot.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) 647-5227) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.Start List of Subjects
List of Subjects in 14 CFR Part 39End List of Subjects
Adoption of the AmendmentStart Amendment Part
Accordingly, under the authority delegated to me by the Administrator, the FAA amendsEnd Amendment Part Start Part
PART 39—AIRWORTHINESS DIRECTIVESEnd Part Start Amendment Part
1. The authority citation for part 39 continues to read as follows:End Amendment Part
2. The FAA amends § 39.13 by adding the following new AD:End Amendment Part
2007-03-16 EADS SOCATA: Amendment 39-14927; Docket No. FAA-2006-26191; Directorate Identifier 2006-CE-60-AD.
(a) This airworthiness directive (AD) becomes effective March 15, 2007.
(c) This AD applies to EADS SOCATA TBM 700 airplanes, serial numbers 271 through 328, certificated in any category.
(d) The mandatory continuing airworthiness information (MCAI) states an excessive lateral play caused by a nonconforming washer might lead to the deterioration of the elevator trim tab bearing fatigue resistance.
Actions and Compliance
(e) Unless already done, within the next 100 hours time-in-service or 12 months, whichever occurs first, after the effective date of this AD, verify there is no lateral play for both elevator trim tabs and correct, as necessary, by installing a setting washer as instructed in the EADS SOCATA TBM Aircraft Mandatory Service Bulletin SB 70-135, ATA No. 55, dated December 2005.
FAA AD Differences
This AD differs from the MCAI and/or service information as follows: No differences.Start Printed Page 5923
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.
(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.
(g) Refer to Direction générale de l'aviation civile (DGAC) Airworthiness Directive No.: F-2006-028, dated February 1, 2006, approved by the European Aviation Safety Agency (EASA) on January 24, 2006; and EADS SOCATA TB Aircraft Mandatory Service Bulletin SB 70-135, ATA No. 55, dated December 2005, for related information.
Material Incorporated by Reference
(h) You must use EADS SOCATA TBM Aircraft Mandatory Service Bulletin SB 70-135, ATA No. 55, dated December 2005, to do the actions required by this AD, unless the AD specifies otherwise.
(2) For service information identified in this AD, contact EADS SOCATA, Direction des Services, 65921 Tarbes Cedex 9, France; telephone: 33 (0)5 62.41.73.00; fax: 33 (0)5 18.104.22.168; or SOCATA Aircraft, INC., North Perry Airport, 7501 Airport Road, Pembroke Pines, Florida 33023; telephone: (954) 893-1400; fax: (954) 964-4141.
(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: http://www.archives.gov/federal-register/cfr/ibr-locations.html.Start Signature
Issued in Kansas City, Missouri, on January 31, 2007.
Acting Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. E7-1878 Filed 2-7-07; 8:45 am]
BILLING CODE 4910-13-P