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 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 November 28, 2006 (71 FR 68762). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states that there was a report of a master cylinder yoke failure. The AD requirements are to detect defective yokes on aircraft and replace them. The aim of this AD is to ensure that normal braking is available at any time to prevent possible runway excursions in the event of failure of the master cylinder yoke.
Comments
We gave the public the opportunity to participate in developing this AD. We have considered the comments received.
EADS SOCATA gave comments addressing the following:
Comment Issue No. 1: Cost of Compliance
EADS SOCATA states:
The proposed AD specifies that: "Required parts would cost about $600''. $600 corresponds to the cost of the replacement of all (4) the master cylinder yokes. According to EADS Socata experience, operators complying with EADS Socata SB70-136-32had to replace only one yoke in the worst case.
The FAA does not agree. We are using the worst case scenario of all four yokes being replaced. If an operator needs to replace fewer yokes, the cost will be less.
Comment Issue No. 2: Applicability
EADS SOCATA states:
We propose to specify: "This AD applies to SOCATA Model TBM700 airplanes, all serial number, certificated in any category equipped with master cylinder assembly part number ZOO.N6068757280 or ZOO.N6068757281''
.
Indeed, the supplier of the master cylinder assembly could change in the future and aircraft equipped with another part number would not be concerned.
The FAA does not agree. Including the part number in the applicability is redundant. Per the AD, the operator has to verify whether the applicable part number is installed and, if so, take appropriate action. If a different part number from a different supplier is installed, then the AD does not apply.
Comment Issue No. 3: Actions and Compliance, Paragraphs (e)(1)(ii)(B) and (e)(2)
EADS SOCATA states:
Paragraph (e)(1)(ii)(B):
Yokes part number ZOO.N7134732200 (delivered since January 2006) can also be installed on aircraft. Socata decides to produce itself yoke part number T700A324004810000 for logistic reasons but the design of this yokes is the same as Parker yoke part number ZOO.N7134732200.
Paragraph (e)(2):
During installation of master cylinder yoke part number ZOO.N7134732200 or installation of master cylinder assembly part number ZOO.N6068757280 or ZOO.N6068757281, we propose to check the yokes in accordance with SB70-136-32 only if these parts were delivered new before January 2006.
The FAA does not agree. Since these parts are not serialized and tracked, there would be no way of knowing if the part was delivered before or after January 2006. In addition, EADS SOCATA TBM Aircraft Mandatory Service Bulletin SB 70-136, ATA No. 32, dated December 2005, requires installation of yoke part number T700A324004810000. If an operator wants to use a different part numbered component and can show that it provides an acceptable level of safety, the operator can make a request to the FAA to approve an alternative method of compliance (AMOC) using the procedures in 14 CFR part 39 and this AD.
Conclusion
We reviewed the available data, including the comments received, and determined that air safety and the public interest require adopting the AD as proposed.
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 described in a separate paragraph of the AD, and take precedence over the actions copied from the MCAI.
Costs of Compliance
We estimate that this AD will affect 270 products of U.S. registry. We also estimate that it will take about 1.5 work-hours per product to comply with this AD. The average labor rate is $80 per work-hour. Required parts will cost about $600 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. Based on these figures, we estimate the cost of this AD to the U.S. operators to be $194,400 or $720 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 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 be available 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: