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Federal Register / Vol. 72, No.

50 / Thursday, March 15, 2007 / Rules and Regulations 12075

within 30 days after the effective date of this DEPARTMENT OF TRANSPORTATION unsafe conditions on U.S.-certificated
AD. products.
(2) For any inspection done after the Federal Aviation Administration This AD references the MCAI and
effective date of this AD: Send the report related service information that we
within 30 days after the inspection. 14 CFR Part 39 considered in forming the engineering
Alternative Methods of Compliance basis to correct the unsafe condition.
[Docket No. FAA–2006–26231; Directorate The AD contains text copied from the
(AMOCs) Identifier 2006–CE–61–AD; Amendment 39– MCAI and for this reason might not
(l)(1) The Manager, International Branch, 14985; AD 2007–06–04]
follow our plain language principles.
ANM–116, has the authority to approve
AMOCs for this AD, if requested in RIN 2120–AA64 Discussion
accordance with the procedures found in 14 We issued a notice of proposed
Airworthiness Directives; EADS
CFR 39.19. rulemaking (NPRM) to amend 14 CFR
SOCATA Model TBM 700 Airplanes
(2) Before using any AMOC approved in part 39 to include an AD that would
accordance with § 39.19 on any airplane to AGENCY: Federal Aviation apply to the specified products. That
which the AMOC applies, notify the Administration (FAA), Department of NPRM was published in the Federal
appropriate principal inspector in the FAA Transportation (DOT). Register on December 26, 2006 (71 FR
Flight Standards Certificate Holding District 77310). That NPRM proposed to correct
ACTION: Final rule.
Office.
an unsafe condition for the specified
Related Information SUMMARY: We are adopting a new products. The MCAI states reports of
airworthiness directive (AD) for the two fatigue failures of flap carriage
(m) EASA airworthiness directive 2006–
products listed above. This AD results rollpins that occurred on in-service
0223, dated July 21, 2006, also addresses the
from mandatory continuing airplanes. The MCAI requires inspecting
subject of this AD.
airworthiness information (MCAI) and applying torque values to the
Material Incorporated by Reference issued by an aviation authority of rollpins nuts.
(n) You must use Airbus Service Bulletin another country to identify and correct
an unsafe condition on an aviation Comments
A320–27–1164, Revision 03, including
Appendix 01, dated August 24, 2005; or product. The MCAI describes the unsafe We gave the public the opportunity to
Airbus Service Bulletin A320–27–1164, condition as two fatigue failures of flap participate in developing this AD. We
Revision 04, including Appendix 01, dated carriage rollpins that occurred on in- considered the comments received.
July 17, 2006; as applicable; to perform the service airplanes. We are issuing this
Comment Issue No. 1: Use Consistent
actions that are required by this AD, unless AD to require actions to correct the
Language
the AD specifies otherwise. unsafe condition on these products.
(1) The Director of the Federal Register DATES: This AD becomes effective April Raymond S. Benischeck comments on
approved the incorporation by reference of 19, 2007. this AD due to the fact there is
Airbus Service Bulletin A320–27–1164, The Director of the Federal Register inconsistent language regarding the
Revision 04, including Appendix 01, dated approved the incorporation by reference identification of the part in question.
July 17, 2006, in accordance with 5 U.S.C. of certain publications listed in this AD The commenter states:
552(a) and 1 CFR part 51. as of April 19, 2007. In portions of the NPRM we are told to
(2) On May 5, 2006 (71 FR 16203, March ADDRESSES: You may examine the AD inspect for a fracture of the flap carriage
31, 2006), the Director of the Federal Register ‘‘ROLLPINS.’’ Elsewhere, the correct
docket on the Internet at http:// terminology ‘‘ROLLER PINS’’ is used. The
approved the incorporation by reference of
dms.dot.gov or in person at the Docket correct terminology should be used
Airbus Service Bulletin A320–27–1164,
Management Facility, U.S. Department throughout the document.
Revision 03, including Appendix 01, dated
of Transportation, 400 Seventh Street,
August 24, 2005.
SW., Nassif Building, Room PL–401, The terminology used within the
(3) Contact Airbus, 1 Rond Point Maurice
Washington, DC. Discussion and Reason sections was
Bellonte, 31707 Blagnac Cedex, France, for a copied directly from the associated
copy of this service information. You may FOR FURTHER INFORMATION CONTACT: MCAI. We are currently trying to use the
review copies at the FAA, Transport Airplane Albert J. Mercado, Aerospace Engineer, language provided to us by the foreign
Directorate, 1601 Lind Avenue, SW., Renton, FAA, Small Airplane Directorate, 901 airworthiness authority whenever
Washington; or at the National Archives and Locust, Room 301, Kansas City, possible. For consistency, we will
Records Administration (NARA). For Missouri 64106; telephone: (816) 329– change the phrase ‘‘roller pin’’ to
information on the availability of this 4119; fax: (816) 329–4090. ‘‘rollpin’’ in the final rule AD action to
material at NARA, call 202–741–6030, or go SUPPLEMENTARY INFORMATION: coincide with the MCAI.
to: http://www.archives.gov/federal-register/ We are changing the final rule AD
cfr/ibr-locations.html. Streamlined Issuance of AD
action based on this comment.
Issued in Renton, Washington, on March 2, The FAA is implementing a new
process for streamlining the issuance of Comment Issue No. 2: Clarify Paragraph
2007. (e)(1) of the Proposed AD
ADs related to MCAI. The streamlined
Ali Bahrami,
process will allow us to adopt MCAI Raymond S. Benischeck comments
Manager, Transport Airplane Directorate, safety requirements in a more efficient that clarification may be necessary in
Aircraft Certification Service. manner and will reduce safety risks to paragraph (e)(1) of the proposed AD in
[FR Doc. E7–4382 Filed 3–14–07; 8:45 am] the public. This process continues to which instructions are given to check
BILLING CODE 4910–13–P follow all FAA AD issuance processes to for correct torque of the roller pin.
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meet legal, economic, Administrative Although applying correct torque


Procedure Act, and Federal Register should reveal any discrepancies in this
requirements. We also continue to meet roller pin, the actual inspection is for
our technical decision-making the purposes of detecting broken
responsibilities to identify and correct rollpins.

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12076 Federal Register / Vol. 72, No. 50 / Thursday, March 15, 2007 / Rules and Regulations

The instructions to do the actions using a work-hour number of 0.5 and a from the information provided in the
stated in paragraph (e)(1) of the cost of parts number of $5 (negligible). MCAI and related service information.
proposed AD are included in the We are changing the final rule AD We might also have required different
referenced service bulletins. The AD action based on this comment. actions in this AD from those in the
mandates use of these instructions to MCAI in order to follow FAA policies.
comply with the AD. Comment Issue No. 5: Change the
Any such differences are described in a
We are not changing the final rule AD Applicability Section and Incorporate
separate paragraph of the AD. These
action based on this comment. Revised Service Information
requirements, if any, take precedence
Comment Issue No. 3: Clarify Paragraph EADS Socata comments the proposed over the actions copied from the MCAI.
(e)(4) of the Proposed AD AD applies to Model TBM700 airplanes,
Costs of Compliance
serial numbers 1 through 268, and 270
Raymond S. Benischeck comments through 327. But SB70–122, We estimate that this AD will affect
that a question arises regarding Amendment 1, applies only to Model 221 products of U.S. registry. We also
paragraph (4) of the proposed AD. Will TBM700 airplanes, serial numbers 1 estimate that it will take about .5 work-
aircraft in compliance with SB 70–138 through 268, and 270 through 327, hours per product to comply with this
still be required to perform the initial totaling more than 2,500 landings. AD. The average labor rate is $80 per
inspection before terminating action is Moreover, due to a new occurrence, work-hour. Required parts will cost
considered to be in place? The EADS Socata has decided to lower this about $5 (neglible) per product. Where
statement ‘‘no further action is threshold to 1,500 landings and issued the service information lists required
required’’ could be confusing since it Amendment 2 of SB70–122, which parts costs that are covered under
seems to indicate at least one inspection includes this new threshold. warranty, we have assumed that there
for rollpin torque has been The AD should be modified to will be no charge for these parts. As we
accomplished. If these aircraft are incorporate the revised service do not control warranty coverage for
exempt from the inspection portion, the information and change the affected parties, some parties may incur
exception might better be noted in the Applicability section to read as follows: costs higher than estimated here. Based
serial number applicability portion in This AD applies to Model TBM700 on these figures, we estimate the cost of
paragraph (c) of the proposed AD. airplanes, serial numbers 1 through 268, this AD to the U.S. operators to be
Both the MCAI and this AD state to $9,945 or $45 per product.
and 270 through 327, totaling more than
do the action following SB70–122,
1,500 landings. Authority for This Rulemaking
which specifies in the Compliance
section that those airplanes in We acknowledge the above
compliance time. However, we did not Title 49 of the United States Code
compliance with SB 70–138 are not specifies the FAA’s authority to issue
affected. In paragraph (e)(4) of the incorporate a threshold into the NPRM.
We used the compliance time of 100 rules on aviation safety. Subtitle I,
proposed AD, we restated this section 106, describes the authority of
information. If we put the statement in hours time-in-service for all affected
airplanes based on the type of condition the FAA Administrator. ‘‘Subtitle VII:
the Applicability section, we would also Aviation Programs,’’ describes in more
have to add a statement about and the fact that the torque value of the
rollpins could be incorrect regardless of detail the scope of the Agency’s
compliance with SB70–122 for authority.
consistency. We usually do not the amount of hours on the airplane.
The instructions for doing the actions We are issuing this rulemaking under
reference in the Applicability section the authority described in ‘‘Subtitle VII,
that the AD exempts those airplanes that required by this AD are the same in
Amendment 1 and Amendment 2 of Part A, Subpart III, Section 44701:
have already complied with the service General requirements.’’ Under that
bulletin we are referencing in the AD. SB70–122; therefore, we will
incorporate by reference Amendment 2 section, Congress charges the FAA with
We have determined that the phrase promoting safe flight of civil aircraft in
‘‘unless already done’’ in the AD, as of SB70–122 into the final rule AD
action. air commerce by prescribing regulations
well as the statement in paragraph (e)(4) for practices, methods, and procedures
of the proposed AD, sufficiently Conclusion the Administrator finds necessary for
communicates the necessary safety in air commerce. This regulation
information. We reviewed the available data,
including the comments received, and is within the scope of that authority
We are not changing the final rule AD
determined that air safety and the because it addresses an unsafe condition
action based on this comment.
public interest require adopting the AD that is likely to exist or develop on
Comment Issue No. 4: Update Costs of with the changes described previously. products identified in this rulemaking
Compliance We determined that these changes will action.
EADS Socata comments the proposed not increase the economic burden on Regulatory Findings
AD specifies that required parts would any operator or increase the scope of the
cost about $100. Application of SB70– AD. We determined that this AD will not
122 requires 4 cotter pins. This cost is have federalism implications under
Differences Between This AD and the Executive Order 13132. This AD will
negligible. MCAI or Service Information
EADS Socata also comments the not have a substantial direct effect on
proposed AD specifies that it would We have reviewed the MCAI and the States, on the relationship between
take about 1 work-hour per product. related service information and, in the national government and the States,
EADS Socata estimates that it would general, agree with their substance. But or on the distribution of power and
take 0.5 work-hour per product to we might have found it necessary to use responsibilities among the various
rmajette on PROD1PC67 with RULES

inspect all flap inboard carriage different words from those in the MCAI levels of government.
rollpins. to ensure the AD is clear for U.S. For the reasons discussed above, I
We agree with the commenter. We operators and is enforceable in a U.S. certify this AD:
will change the Costs of Compliance court of law. In making these changes, (1) Is not a ‘‘significant regulatory
section to reflect the above figures, we do not intend to differ substantively action’’ under Executive Order 12866;

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Federal Register / Vol. 72, No. 50 / Thursday, March 15, 2007 / Rules and Regulations 12077

(2) Is not a ‘‘significant rule’’ under Actions and Compliance dated January 2007, to do the actions
DOT Regulatory Policies and Procedures (e) Unless already done, do the following required by this AD, unless the AD specifies
(44 FR 11034, February 26, 1979); and actions. otherwise.
(1) Within the next 100 hours time-in- (1) The Director of the Federal Register
(3) Will not have a significant approved the incorporation by reference of
service (TIS) after April 19, 2007 (the
economic impact, positive or negative, effective date of this AD), inspect all flap this service information under 5 U.S.C.
on a substantial number of small entities inboard carriage rollpins for proper torque 552(a) and 1 CFR part 51.
under the criteria of the Regulatory values and correct as necessary before further (2) For service information identified in
Flexibility Act. flight. this AD, contact EADS SOCATA, Direction
(2) Repeat these inspections thereafter at des Services, 65921 Tarbes Cedex 9, France;
We prepared a regulatory evaluation telephone: 33 (0)5 62 41 73 00; fax: 33 (0)5
of the estimated costs to comply with intervals not to exceed 100 hours TIS and
correct as necessary before further flight after 62 41 76 54; or SOCATA AIRCRAFT, INC.,
this AD and placed it in the AD Docket. the inspection in which a correction is North Perry Airport, 7501 South Airport Rd.,
necessary. Pembroke Pines, FL 33023; telephone: (954)
Examining the AD Docket 893–1400; fax: (954) 964–4141.
(3) Accomplish these actions according to
You may examine the AD docket on the instructions given in EADS SOCATA (3) You may review copies at the FAA,
TBM Aircraft Mandatory Service Bulletin SB Central Region, Office of the Regional
the Internet at http://dms.dot.gov; or in Counsel, 901 Locust, Room 506, Kansas City,
person at the Docket Management 70–122, Amendment 1, dated March 2006, or
EADS SOCATA TBM Aircraft Mandatory Missouri 64106; or at the National Archives
Facility between 9 a.m. and 5 p.m., and Records Administration (NARA). For
Service Bulletin SB 70–122, Amendment 2,
Monday through Friday, except Federal dated January 2007, and the applicable information on the availability of this
holidays. The AD docket contains the maintenance manual. material at NARA, call 202–741–6030, or go
NPRM, the regulatory evaluation, any (4) If both flap inboard carriages have been to: http://www.archives.gov/federal-register/
comments received, and other replaced following EADS SOCATA TBM cfr/ibr-locations.html.
information. The street address for the Aircraft Mandatory Service Bulletin SB 70– Issued in Kansas City, Missouri, on March
Docket Office (telephone (800) 647– 138, dated March 2006, no further action is 6, 2007.
5227) is in the ADDRESSES section. required. Make an entry in the logbook to Kim Smith,
show compliance with this AD.
Comments will be available in the AD Manager, Small Airplane Directorate, Aircraft
docket shortly after receipt. FAA AD Differences Certification Service.
Note: This AD differs from the MCAI and/ [FR Doc. E7–4383 Filed 3–14–07; 8:45 am]
List of Subjects in 14 CFR Part 39
or service information as follows: No BILLING CODE 4910–13–P
Air transportation, Aircraft, Aviation differences.
safety, Incorporation by reference,
Safety. Other FAA AD Provisions DEPARTMENT OF TRANSPORTATION
(f) The following provisions also apply to
Adoption of the Amendment this AD: Federal Aviation Administration
(1) Alternative Methods of Compliance
■ Accordingly, under the authority (AMOCs): The Manager, Standards Staff, 14 CFR Part 39
delegated to me by the Administrator, FAA, Small Airplane Directorate, ATTN:
the FAA amends 14 CFR part 39 as Albert J. Mercado, Aerospace Engineer, 901 [Docket No. FAA–2007–27360; Directorate
follows: Locust, Room 301, Kansas City, Missouri Identifier 2007–NM–026–AD; Amendment
64106; telephone: (816) 329–4119; fax: (816) 39–14986; AD 2007–06–05]
PART 39—AIRWORTHINESS 329–4090, has the authority to approve RIN 2120–AA64
DIRECTIVES AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. Airworthiness Directives; Airbus Model
(2) Airworthy Product: For any requirement
■ 1. The authority citation for part 39 A318, A319, A320 and A321 Airplanes
in this AD to obtain corrective actions from
continues to read as follows: a manufacturer or other source, use these AGENCY: Federal Aviation
Authority: 49 U.S.C. 106(g), 40113, 44701. actions if they are FAA-approved. Corrective Administration (FAA), Department of
actions are considered FAA-approved if they
§ 39.13 [Amended] are approved by the State of Design Authority
Transportation (DOT).
(or their delegated agent). You are required ACTION: Final rule; request for
■ 2. The FAA amends § 39.13 by adding to assure the product is airworthy before it comments.
the following new AD: is returned to service.
(3) Reporting Requirements: For any SUMMARY: We are adopting a new
2007–06–04 EADS SOCATA: Amendment
39–14985; Docket No. FAA–2006–26231; reporting requirement in this AD, under the airworthiness directive (AD) for the
Directorate Identifier 2006–CE–61–AD. provisions of the Paperwork Reduction Act products listed above. This AD results
(44 U.S.C. 3501 et seq.), the Office of from mandatory continuing
Effective Date Management and Budget (OMB) has airworthiness information (MCAI)
(a) This airworthiness directive (AD) approved the information collection originated by an aviation authority of
becomes effective April 19, 2007. requirements and has assigned OMB Control another country to identify and correct
Number 2120–0056.
Affected ADs an unsafe condition on an aviation
(b) None.
Related Information product. The MCAI describes the unsafe
(h) Refer to MCAI Direction générale de condition as:
Applicability l’aviation civile AD No. F–2005–017, Issue
(c) This AD applies to Model TBM 700 date: January 19, 2005, for related * * * * *
airplanes, serial numbers 1 through 268, and information. * * * updates [to the airplane maintenance
270 through 327, certificated in any category. manual (AMM), engine service manual
Material Incorporated by Reference (ESM), and quick engine change kit
rmajette on PROD1PC67 with RULES

Reason (i) You must use EADS SOCATA TBM instruction manual (QECKIM)] have
(d) The mandatory continuing Aircraft Mandatory Service Bulletin SB 70– inadvertently introduced torque value errors
airworthiness information (MCAI) states 122, Amendment 1, dated March 2006, or for the bolts that attach the forward engine
reports of two fatigue failures of flap carriage EADS SOCATA TBM Aircraft Mandatory mount to the engine. * * *
rollpins that occurred on in-service airplanes. Service Bulletin SB 70–122, Amendment 2, * * * * *

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