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.
Discussion
We issued a supplemental 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 February 21, 2007 (72 FR 7838). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI advises of
* * * a Nose Landing Gear (NLG) hinge pin rupture that causes an uncommanded NLG retraction.
Investigations identified the unsafe condition resulting from an incomplete thermal treatment done on three hinge pin batches lowering their mechanical properties with a high risk of deformation under service loads.
EADS SOCATA notes that an NLG hinge pin rupture could cause an uncommanded NLG retraction during landing.
Comments
We gave the public the opportunity to participate in developing this AD. We considered the comments received.
Comment Issue No. 1: Number of Affected Products
EADS SOCATA writes that TBM Aircraft Mandatory Alert Service Bulletin SB 70-147, Amendment 1, dated September 2006, affects 86 nose landing gear (NLG) (in the worst case 86 products).Further, that among these 86 NLG, only 47 NLG are equipped with defective pins.
The FAA agrees that not all aircraft contain the affected NLG part. However, to appropriately identify the product with the affected nose landing gear part serial number, the AD requires to first identify the concerned NLG, then to detect the defective hinge pins installed on the product, and then replace the affected parts. The check of the NLG part serial number for applicability is necessary on all products. Therefore, we are not changing the AD based on this comment.
Comment Issue No. 2: Cost of Compliance
EADS SOCATA notes that the proposed AD specifies that any required parts would cost about $1,025 for each product and that it would take about 2 work-hours per product to comply with basic requirements of this proposed AD. EADS SOCATA specifies that the identification of the batch number is immediate for products with correct pins. For any product with defective pins, all the costs, work-hours and required parts, associated with TBM Aircraft Mandatory Alert Service Bulletin SB 70-147, Amendment 1, dated September 2006, will be covered under warranty if the defective pins are returned to EADS SOCATA.
We have noted EADS SOCATA comments and have revised the costs of compliance to reflect only the labor to identify the NLG part serial number. Our standard warranty language will reflect EADS SOCATA's warranty program.
Comment Issue No. 3: Unsafe Condition Description
EADS SOCATA comments that the proposed AD describes the unsafe condition associated with TBM Aircraft Mandatory Alert Service Bulletin SB 70-147, Amendment 1, dated September 2006, as an NLG hinge pin rupture that causes an uncommanded NLG retraction. Further, EADS SOCATA estimates that a NLG hinge pin rupture could lead to a nose landing gear collapse in the case of a three-point landing.
The FAA notes that the unsafe condition language was copied directly from the Reason section of the associated MCAI. However, to clarify the unsafe condition we will change the AD to add that a NLG hinge pin rupture could cause an uncommanded NLG retraction during landing.
Conclusion
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 highlighted in a Note within the AD.
Costs of Compliance
We estimate that this AD will affect 256 products of U.S. registry. We also estimate that it will take about 0.5 work-hours per product to comply with basic requirements of this AD. The average labor rate is $80 per work-hour.
Based on these figures, we estimate the cost of this AD to the U.S. operators to be $10,240 or $40 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.
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 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 beavailable in the AD docket shortly after receipt.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the Administrator, the FAA amends 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: