DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39 [63 FR 38351 No. 136, 7/16/98] [SN]

[Docket No. 98-CE-58-AD] 
RIN 2120-AA64

Airworthiness Directives; SOCATA-Groupe Aerospatiale Model TBM 700 Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

SUMMARY: This document proposes to adopt a new airworthiness directive (AD) that would apply to certain SOCATA-Groupe Aerospatiale (SOCATA) Model TBM 700 airplanes. The proposed AD would require modifying the oxygen generators. The proposed AD is the result of mandatory continuing airworthiness information (MCAI) issued by the airworthiness authority for France. The actions specified by the proposed AD are intended to prevent failure of the oxygen generators, which could result in crew incapacitation and loss of the airplane.

DATES: Comments must be received on or before August 20, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation Administration (FAA), Central Region, Office of the Regional Counsel, Attention: Rules Docket No. 98-CE-58-AD, Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106. Comments may be inspected at this location between 8 a.m. and 4 p.m., Monday through Friday, holidays excepted.
	Service information that applies to the proposed AD may be obtained from SOCATA Groupe Aerospatiale, Customer Support, Aerodrome Tarbes-Ossun-Lourdes, BP 930--F65009 Tarbes Cedex, France; telephone (33) 5.62.41.76.52; facsimile (33) 5.62.41.76.54; or the Product Support Manager, SOCATA -Groupe AEROSPATIALE, North Perry Airport, 7501 Pembroke Road, Pembroke Pines, Florida 33023; telephone (954) 894-1160; facsimile: (954) 964-4191. This information also may be examined at the Rules Docket at the address above.

FOR FURTHER INFORMATION CONTACT: Mr. Karl Schletzbaum, Aerospace Engineer, FAA, Small Airplane Directorate, 1201 Walnut Street, Suite 900, Kansas City, Missouri 64106; telephone (816) 426-6934; facsimile (816) 426-2169.

SUPPLEMENTARY INFORMATION:

Comments Invited

	Interested persons are invited to participate in the making of the proposed rule by submitting such written data, views, or arguments as they may desire. Communications should identify the Rules Docket number and be submitted in triplicate to the address specified above. All communications received on or before the closing date for comments, specified above, will be considered before taking action on the proposed rule. The proposals contained in this notice may be changed in light of the comments received.
	Comments are specifically invited on the overall regulatory, economic, environmental, and energy aspects of the proposed rule. All comments submitted will be available, both before and after the closing date for comments, in the Rules Docket for examination by interested persons. A report that summarizes each FAA-public contact concerned with the substance of this proposal will be filed in the Rules Docket.
	Commenters wishing the FAA to acknowledge receipt of their comments submitted in response to this notice must submit a self-addressed, stamped postcard on which the following statement is made: "Comments to Docket No. 98-CE-58-AD." The postcard will be date stamped and returned to the commenter.

Availability of NPRMs

	Any person may obtain a copy of this NPRM by submitting a request to the FAA, Central Region, Office of the Regional Counsel, Attention: Rules Docket No. 98-CE-58-AD, Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106.

Discussion

	The Direction Generale de l'Aviation Civile (DGAC), which is the airworthiness authority for France, notified the FAA that an unsafe condition may exist on certain SOCATA TBM 700 airplanes. The DGAC reports that operation of the oxygen generators failed on one of the affected airplanes. The oxygen generators are located under the passenger and crew seats and are pin-fired. Further investigation revealed that the firing pin was not lining up correctly and was not striking the generator in the right place to release oxygen into the cabin.
	This condition, if not corrected, could result in failure of the oxygen generators, which could result in crew incapacitation and loss of the airplane.

Relevant Service Information

	SOCATA has issued Mandatory Service Bulletin No. 70-046-35, dated May 1998, which specifies procedures for modifying the oxygen generator.
	The DGAC classified this service bulletin as mandatory and issued French AD No. T98-195(A), dated June 3, 1998, in order to assure the continued airworthiness of these airplanes in France.

The FAA's Determination

	This airplane model is manufactured in France and is type certificated for operation in the United States under the provisions of section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the applicable bilateral airworthiness agreement. Pursuant to this bilateral airworthiness agreement, the DGAC has kept the FAA informed of the situation described above.
	The FAA has examined the findings of the DGAC; reviewed all available information, including the service information referenced above; and determined that AD action is necessary for products of this type design that are certificated for operation in the United States.

Explanation of the Provisions of the Proposed AD

	Since an unsafe condition has been identified that is likely to exist or develop in other SOCATA Model TBM 700 airplanes of the same type design registered in the United States, the FAA is proposing AD action. The proposed AD would require modifying the oxygen generator by replacing the firing pin and adding a washer. This modification should ensure that the firing pin stays aligned and strikes the oxygen generator in the correct manner. Accomplishment of the proposed modification would be in accordance with SOCATA Mandatory Service Bulletin No. 70-046-35, dated May 1998.

Cost Impact

	The FAA estimates that 60 airplanes in the U.S. registry would be affected by the proposed AD, that it would take approximately 2 workhours per airplane to accomplish the proposed action, and that the average labor rate is approximately $60 an hour. Parts are available at minimal costs. Based on these figures, the total cost impact of the proposed AD on U.S. operators is estimated to be $7,200, or $120 per airplane.

Differences Between the French AD, the Service Bulletin, and This Proposed AD

	French AD No. T98-195(A), dated June 3, 1998, and SOCATA Mandatory Service Bulletin No. 70-046-35, dated May 1998, both specify modifying the oxygen generator at the next scheduled maintenance inspection. The foreign AD and the service information differ in that the DGAC mandates that this action be accomplished no later than August 31, 1998, and the service bulletin specifies that the action be accomplished no later than 3 months from the date of the service bulletin. This proposed AD, if followed with a final rule, would require the modification be accomplished within 45 days after the effective date of the AD.
	The modification required by the proposed AD does not differ from the DGAC AD or the SOCATA service bulletin.

Compliance Time of the Proposed AD

	The compliance time of this proposed AD is presented in calendar time instead of hours time-in-service (TIS). The FAA has determined that a calendar time compliance is the most desirable method because the unsafe condition described by this proposed AD occurs regardless of the hours time-in-service. The oxygen generator failure could occur on any flight where it may be relied upon to provide the crew and passengers with oxygen. To ensure that the above-referenced condition is corrected on all of the affected airplanes within a reasonable period of time without inadvertently grounding any airplanes, the FAA is proposing a compliance schedule based upon calendar time instead of hours TIS.

Regulatory Impact

	The regulations proposed herein would not have substantial direct effects 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. Therefore, in accordance with Executive Order 12612, it is determined that this proposal would not have sufficient federalism implications to warrant the preparation of a Federalism Assessment.
	For the reasons discussed above, I certify that this action (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) if promulgated, 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. A copy of the draft regulatory evaluation prepared for this action has been placed in the Rules Docket. A copy of it may be obtained by contacting the Rules Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

	Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

	Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration proposes to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows:

PART 39--AIRWORTHINESS DIRECTIVES

	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]

	2. Section 39.13 is amended by adding a new airworthiness directive (AD) to read as follows:

Socata--Groupe Aerospatiale: Docket No. 98-CE-58-AD.

	Applicability: Model TBM 700 airplanes, serial numbers 1 through 125, 127, 128, and 130 through 133, certificated in any category.

	NOTE 1: This AD applies to each airplane identified in the preceding applicability provision, regardless of whether it has been modified, altered, or repaired in the area subject to the requirements of this AD. For airplanes that have been modified, altered, or repaired so that the performance of the requirements of this AD is affected, the owner/operator must request approval for an alternative method of compliance in accordance with paragraph (c) of this AD. The request should include an assessment of the effect of the modification, alteration, or repair on the unsafe condition addressed by this AD; and, if the unsafe condition has not been eliminated, the request should include specific proposed actions to address it.

	Compliance: Required within 45 days after the effective date of this AD, unless already accomplished.
	To prevent failure of the oxygen generators, which could result in crew incapacitation and loss of the airplane, accomplish the following:
	(a) Modify the oxygen generator by replacing the firing pin and adding a washer in accordance with the Accomplishment Instructions section of SOCATA Mandatory Service Bulletin No. 70-046-35, dated May 1998.
	(b) Special flight permits may be issued in accordance with sections 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 21.197 and 21.199) to operate the airplane to a location where the requirements of this AD can be accomplished.
	(c) An alternative method of compliance or adjustment of the compliance time that provides an equivalent level of safety may be approved by theManager, Small Airplane Directorate, FAA, 1201 Walnut,Suite 900, Kansas City, Missouri 64106. The request shall be forwarded through an appropriate FAA Maintenance Inspector, who may add comments and then send it to the Manager, Small Airplane Directorate.

	NOTE 2: Information concerning the existence of approved alternative methods of compliance with this AD, if any, may be obtained from the Small Airplane Directorate.

	(d) Questions or technical information related to SOCATA Mandatory Service Bulletin No. 70-046-35, dated May 1998, should be directed to SOCATA Groupe AEROSPATIALE, Customer Support, Aerodrome Tarbes-Ossun-Lourdes, BP 930-F65009 Tarbes Cedex, France; telephone (33) 5.62.41.76.52; facsimile (33) 5.62.41.76.54; or the Product Support Manager, SOCATA--Groupe AEROSPATIALE, North Perry Airport, 7501 Pembroke Road, Pembroke Pines, Florida 33023; telephone (954) 894-1160; facsimile: (954) 964-4191. This service information may be examined at the FAA, Central Region, Office of the Regional Counsel, Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106.

	NOTE 3: The subject of this AD is addressed in French AD No. T98-195(A), dated June 3, 1998.

	Issued in Kansas City, Missouri, on July 10, 1998.

Michael Gallagher, Manager, Small Airplane Directorate, Aircraft Certification Service.

FOR FURTHER INFORMATION CONTACT: Mr. Karl Schletzbaum, Aerospace Engineer, FAA, Small Airplane Directorate, 1201 Walnut Street, Suite 900, Kansas City, Missouri 64106; telephone (816) 426-6934; facsimile (816) 426-2169.