DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
14 CFR Part 39
[Docket No. FAA-2010-0286; Directorate Identifier 2010-CE-013-AD] RIN
2120-AA64
AIRWORTHINESS DIRECTIVES; SOCATA Model TBM 700 Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of Transportat-
ion (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed AD results from mandatory continuing
airworthiness information (MCAI) originated 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:
The Civil Aviation Authority of the United Kingdom (UK) has informed EASA
that significant quantities of Halon 1211 gas, determined to be outside
the required specification, have been supplied to the aviation industry
for use in fire extinguishing equipment. Halon 1211 (BCF) is used in
portable fire extinguishers, usually fitted or stowed in aircraft
passenger cabins and flight decks.
EASA published Safety Information Bulletin (SIB) 2009-39 on 23 October
2009 to make the aviation community aware of this safety concern.
The results of the ongoing investigation have now established that
LyonTech Engineering Ltd, a UK-based company, has supplied further
consignments of Halon 1211 (BCF) to L'Hotellier that do not meet the
required specification. This Halon 1211 has subsequently been used to fill
certain P/N 863520-00 portable fire extinguishers that are now likely to
be installed in or carried on certain TBM700 aeroplanes.
The contaminated nature of this gas, when used against a fire, may provide
reduced fire suppression, endangering the safety of the aeroplane and its
occupants. In addition, extinguisher activation may lead to release of
toxic fumes, possibly causing injury to aeroplane occupants.
The proposed AD would require actions that are intended to address the
unsafe condition described in the MCAI.
DATES: We must receive comments on this proposed AD by May 3, 2010.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the
instructions for submitting comments.
Fax: (202) 493-2251.
Mail: U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
EXAMINING THE AD DOCKET
You may examine the AD docket on the Internet at http://
www.regulations.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 this proposed AD, 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.
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:
COMMENTS INVITED
We invite you to send any written relevant data, views, or arguments about
this proposed AD. Send your comments to an address listed under the
ADDRESSES section. Include "Docket No. FAA-2010-0286; Directorate
Identifier 2010-CE-013-AD" at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this proposed AD. We will consider
all comments received by the closing date and may amend this proposed AD
because of those comments.
We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
DISCUSSION
The European Aviation Safety Agency (EASA), which is the Technical Agent
for the Member States of the European Community, has issued EASA AD No.:
2010-0012, dated February 5, 2010 (referred to after this as "the MCAI"),
to correct an unsafe condition for the specified products. The MCAI
states:
The Civil Aviation Authority of the United Kingdom (UK) has informed EASA
that significant quantities of Halon 1211 gas, determined to be outside
the required specification, have been supplied to the aviation industry
for use in fire extinguishing equipment. Halon 1211 (BCF) is used in
portable fire extinguishers, usually fitted or stowed in aircraft
passenger cabins and flight decks.
EASA published Safety Information Bulletin (SIB) 2009-39 on 23 October
2009 to make the aviation community aware of this safety concern.
The results of the ongoing investigation have now established that
LyonTech Engineering Ltd, a UK-based company, has supplied further
consignments of Halon 1211 (BCF) to L'Hotellier that do not meet the
required specification. This Halon 1211 has subsequently been used to fill
certain P/N 863520-00 portable fire extinguishers that are now likely to
be installed in or carried on certain TBM700 aeroplanes.
The contaminated nature of this gas, when used against a fire, may provide
reduced fire suppression, endangering the safety of the aeroplane and its
occupants. In addition, extinguisher activation may lead to release of
toxic fumes, possibly causing injury to aeroplane occupants.
For the reason described above, this EASA AD requires the identification
and removal from service of certain batches of fire extinguishers and
replacement with serviceable units.
You may obtain further information by examining the MCAI in the AD docket.
RELEVANT SERVICE INFORMATION
DAHER-SOCATA has issued TBM Aircraft Service Bulletin SB 70-183, dated
January 2010.
L'Hotellier has issued Service Bulletin 863520-26-001, dated December 21,
2009.
The actions described in this service information are intended to correct
the unsafe condition identified in the MCAI.
FAA'S DETERMINATION AND REQUIREMENTS OF THE PROPOSED AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant to
our bilateral agreement with this State of Design Authority, they have
notified us of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all information and determined the unsafe condition exists and
is likely to exist or develop on other products of the same type design.
DIFFERENCES BETWEEN THIS PROPOSED 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 proposed 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 proposed AD.
COSTS OF COMPLIANCE
We estimate that this proposed AD will affect 364 products of U.S.
registry. We also estimate that it would take about .5 work-hour per
product to comply with the basic requirements of this proposed AD. The
average labor rate is $85 per work-hour. Required parts would cost about
$0 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 costs. 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 the proposed AD on U.S.
operators to be $15,470, or $43 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 proposed AD would not have federalism implications
under Executive Order 13132. This proposed AD would 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 proposed regulation:
1. Is not a "significant regulatory action" under Executive Order 12866;
2. Is not a "significant rule" under the DOT Regulatory Policies and Pro-
cedures (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 proposed AD and placed it in the AD docket.
LIST OF SUBJECTS IN 14 CFR PART 39
Air transportation, Aircraft, Aviation safety, Incorporation by reference,
Safety.
THE PROPOSED AMENDMENT
Accordingly, under the authority delegated to me by the Administrator, the
FAA proposes to amend 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. The FAA amends Sec. 39.13 by adding the following new AD: