Airworthiness directives: Groupe Aerospatiale,
[Federal Register: March 29, 1999 (Volume 64, Number 59)]
[Rules and Regulations]
[Page 14820-14822]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29mr99-5]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 99-CE-08-AD; Amendment 39-11096; AD 99-07-11]
RIN 2120-AA64
Airworthiness Directives; SOCATA--Groupe Aerospatiale Model TBM 700 Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
SUMMARY: This amendment adopts a new airworthiness directive (AD) that applies to all SOCATA--Groupe Aerospatiale (SOCATA) Model TBM 700 airplanes. This AD requires inspecting the left-hand and right-hand outboard hinge fittings of the horizontal stabilizer for cracks, and replacing any cracked fitting. This AD is the result of mandatory continuing airworthiness information (MCAI) issued by the airworthiness authority for France. The actions specified by this AD are intended to prevent structural damage to the stabilizer caused by outboard hinge fitting cracks, which could result in uncontrolled flight if the hinges break.
DATES: Effective April 16, 1999.
The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of April 16, 1999.
Comments for inclusion in the Rules Docket must be received on or before May 24, 1999.
ADDRESSES: Submit comments in triplicate to the Federal Aviation Administration (FAA), Central Region, Office of the Regional Counsel, Attention: Rules Docket No. 99-CE-08-AD, Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106.
Service information that applies to this AD may be obtained from SOCATA Groupe AEROSPATIALE, Customer
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Support, Aerodrome Tarbes-Ossun-Lourdes, BP 930--F65009 Tarbes Cedex, France; telephone: (33) 5.62.41.73.00; 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 may also be examined at the Federal Aviation Administration (FAA), Central Region, Office of the Regional Counsel, Attention: Rules Docket No. 99-CE-08-AD, Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106; or at the Office of the Federal Register, 800 North Capitol Street, NW, suite 700, Washington, DC.
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:
Discussion
The Direction Generale de l'Aviation Civile (DGAC), which is the airworthiness authority for France, recently notified the FAA that an unsafe condition may exist on all SOCATA TBM 700 airplanes. The DGAC reports three incidents of cracked elevator hinge fittings of the horizontal stabilizer on military aircraft in France. The cracks were found during regular maintenance inspections and the cause of the cracks has not yet been determined.
Cracked elevator hinge fittings, if not detected and corrected in a timely manner, could result in structural damage to the stabilizer with possible uncontrolled flight if the hinges break.
Relevant Service Information
SOCATA has issued Alert Service Bulletin SB 70-077-55, dated February 1999, which specifies procedures for inspecting the following outboard hinge fittings of the horizontal stabilizer for cracks:
--Left-hand (LH) outboard hinge fitting: part number T700A5510065000; and --Right-hand (RH) outboard hinge fitting: part number T700A5510065001.
This service bulletin also specifies replacing any cracked hinge fitting in accordance with the applicable maintenance manual.
The DGAC classified this service bulletin as mandatory and issued French AD T1999-060(A), dated February 1999, 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 This 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 for operation in the United States, the FAA is issuing AD action. This AD requires inspecting the left-hand and right- hand outboard hinge fittings of the horizontal stabilizer for cracks, and replacing any cracked hinge fitting. Accomplishment of the inspection is required in accordance with SOCATA Alert Service Bulletin SB 70-077-55, dated February 1999. Any necessary replacement is required in accordance with the applicable maintenance manual.
Differences Between the French AD, the Service Bulletin, and This AD
French AD No. T1999-060(A), dated February 1999, requires inspecting the outboard hinge fittings prior to further flight for Model TBM 700 airplanes with over 100 hours total time-in-service (TIS) and registered for operation in France, and thereafter at every 100 hours TIS. SOCATA Alert Service Bulletin No. 70-077-55, dated February 1999, specifies these inspections at intervals of 300 hours TIS.
The FAA does not believe that there is justification to ground the affected airplanes and require the initial inspection prior to further flight. To assure that the inspection is accomplished on all of the affected airplanes in a timely manner without inadvertently grounding any of the affected airplanes, the FAA is requiring the initial inspection upon the accumulation of 300 hours TIS on the outboard hinge fittings of the horizontal stabilizer or within the next 25 hours TIS after the effective of the AD, whichever occurs later.
The FAA is not including a repetitive inspection requirement in this AD. The Administrative Procedure Act does not permit the FAA to ``bootstrap'' a long-term requirement into an urgent safety of flight action where the rule becomes effective at the same time the public has the opportunity to comment. The short-term action and the long-term action are analyzed separately for justification to bypass prior public notice.
After issuing this AD, the FAA may initiate further AD action (notice of proposed rulemaking followed by a final rule) to require these inspections to be repetitive. Credit will be given in any subsequent action for the initial inspection done under this AD.
Determination of the Effective Date of the AD
Since a situation exists (possible uncontrolled flight) that requires the immediate adoption of this regulation, it is found that notice and opportunity for public prior comment hereon are impracticable, and that good cause exists for making this amendment effective in less than 30 days.
Comments Invited
Although this action is in the form of a final rule that involves requirements affecting immediate flight safety and, thus, was not preceded by notice and opportunity to comment, comments are invited on this rule. Interested persons are invited to comment on this 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 will be considered, and this rule may be amended in light of the comments received. Factual information that supports the commenter's ideas and suggestions is extremely helpful in evaluating the effectiveness of the AD action and determining whether additional rulemaking action would be needed.
Comments are specifically invited on the overall regulatory, economic, environmental, and energy aspects of the rule that might suggest a need to modify the 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 AD will be filedin the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments submitted in response to this rule must
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submit a self-addressed, stamped postcard on which the following statement is made: ``Comments to Docket No. 99-CE-08-AD.'' The postcard will be date stamped and returned to the commenter.
Regulatory Impact
The regulations adopted herein will 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 final rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment.
The FAA has determined that this regulation is an emergency regulation that must be issued immediately to correct an unsafe condition in aircraft, and is not a significant regulatory action under Executive Order 12866. It has been determined further that this action involves an emergency regulation under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979). If it is determined that this emergency regulation otherwise would be significant under DOT Regulatory Policies and Procedures, a final regulatory evaluation will be prepared and placed in the Rules Docket (otherwise, an evaluation is not required). A copy of it, if filed, may be obtained from the Rules Docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows:
PART 39--AIRWORTHINESS DIRECTIVES
-
The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
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Section 39.13 is amended by adding a new airworthiness directive (AD) to read as follows:
99-07-11 Socata--Groupe Aerospatiale: Amendment 39-11096; Docket No. 99-CE-08-AD.
Applicability: Model TBM 700 airplanes, all serial numbers, 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 (d) 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 as indicated in the body of this AD, unless already accomplished.
To prevent structural damage to the stabilizer caused by outboard hinge fitting cracks, which could result in uncontrolled flight if the hinges break, accomplish the following:
(a) Upon accumulating 300 hours time-in-service (TIS) on the outboard hinge fittings of the horizontal stabilizer or within the next 25 hours TIS after the effective date of this AD, whichever occurs later, inspect the outboard hinge fittings of the horizontal stabilizer (part numbers in paragraphs (a)(1) and (a)(2) of this AD) for cracks. Accomplish this inspection in accordance with the Accomplishment Instructions section of SOCATA Alert Service Bulletin SB 70-077-55, dated February 1999:
(1) Left-hand (LH) outboard hinge fitting: part number T700A5510065000; and
(2) Right-hand (RH) outboard hinge fitting: part number T700A5510065001.
(b) If any cracked outboard hinge fitting is found during the inspection required by paragraph (a) of this AD, prior to further flight, replace the cracked hinge fitting with an FAA-approved part that is free from cracks. Accomplish this replacement in accordance with the applicable maintenance manual.
(c) 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.
(d) An alternative method of compliance or adjustment of the compliance times that provides an equivalent level of safety may be approved by the Manager, 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.
(e) Questions or technical information related to SOCATA Alert Service Bulletin SB 70-077-55, February 1999, should be directed to SOCATA Groupe AEROSPATIALE, Customer Support, Aerodrome Tarbes- Ossun-Lourdes, BP 930-F65009 Tarbes Cedex, France; telephone: (33) 5.62.41.73.00; 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.
(f) The inspection required by this AD shall be done in accordance with SOCATA Alert Service Bulletin SB 70-077-55, February 1999. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from SOCATA Groupe AEROSPATIALE, Customer Support, Aerodrome Tarbes-Ossun-Lourdes, BP 930-F65009 Tarbes Cedex, France; or the Product Support Manager, SOCATA--Groupe AEROSPATIALE, North Perry Airport, 7501 Pembroke Road, Pembroke Pines, Florida 33023. Copies may be inspected at the FAA, Central Region, Office of the Regional Counsel, Room 1558, 601 E. 12th Street, Kansas City, Missouri, or at the Office of the Federal Register, 800 North Capitol Street, NW, suite 700, Washington, DC.
Note 3: The subject of this AD is addressed in French AD T1999- 060(A), dated February 1999.
(g) This amendment becomes effective on April 16, 1999.
Issued in Kansas City, Missouri, on March 18, 1999. Michael Gallagher, Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 99-7385Filed3-26-99; 8:45 am]
BILLING CODE 4910-13-U
