AD 2007-05-05

[Federal Register Volume 72, Number 42 (Monday, March 5, 2007)]
[Rules and Regulations]
[Pages 9655-9657]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: E7-3574]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-26489; Directorate Identifier 2006-CE-74-AD; 
Amendment 39-14966; AD 2007-05-05]
RIN 2120-AA64


Airworthiness Directives; SOCATA--Groupe AEROSPATIALE Models M.S. 
760, M.S. 760 A, and M.S. 760 B Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This AD results from mandatory continuing 
airworthiness information (MCAI) issued 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:

    Following Safety Alert No. SA-006, issued by the National 
Transportation Safety Board (NTSB) on aircraft icing, it was 
impossible to demonstrate that the aircraft can safely takeoff when 
contaminated by frost, ice, snow, or slush, and fly into icing 
conditions.

    We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective April 9, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of April 9, 
2007.

ADDRESSES: You may examine the AD docket on the Internet at <a href="http://dms.dot.gov">http://dms.dot.gov</a> or in person at the Docket Management Facility, U.S. 
Department of Transportation, 400 Seventh Street, SW., Nassif Building, 
Room PL-401, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Albert J. 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:

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 January 5, 2007 (72 
FR 483). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    Following Safety Alert No. SA-006, issued by the National 
Transportation Safety Board (NTSB) on aircraft icing, it was 
impossible to demonstrate that the aircraft can safely takeoff when 
contaminated by frost, ice, snow, or slush and fly into icing 
conditions.

    The MCAI requires operational limitation on takeoff with 
contamination and requires a pre-takeoff check in ground icing 
conditions and flight into icing conditions.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM or on the determination of 
the cost to the public.
    We further analyzed this AD and determined that the limitation that 
prohibits TAKEOFF WITH FROST, ICE, SNOW, OR SLUSH ON THE WING, CONTROL 
SURFACES, HORIZONTAL TAIL, AND AIR INTAKES, * * * should be * * * WING, 
CONTROL SURFACES, HORIZONTAL TAIL, OR AIR INTAKES, * * * This meets the 
other airworthiness authority's intent and the FAA's intent of assuring 
that takeoff is prohibited if ice, snow, or slush is present on one of 
those surfaces instead of all the surfaces.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD as proposed except for the 
change described above. We determined that this change 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 a U.S. court of 
law. 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. These requirements, if 
any, take precedence over the actions copied from the MCAI.

Costs of Compliance

    We estimate that this AD will affect 41 products of U.S. registry. 
We also estimate that it will take about 1 work-hour per product to 
comply with this AD. The average labor rate is $80 per work-hour. Based 
on these figures, we estimate the cost of this AD on U.S. operators to 
be $3,280, or $80 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:

[[Page 9656]]

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 <a href="http://dms.dot.gov">http://dms.dot.gov</a>; 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

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2007-05-05 SOCATA--Groupe AEROSPATIALE: Amendment 39-14966; Docket 
No. FAA-2006-26489; Directorate Identifier 2006-CE-74-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective April 9, 
2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Models M.S. 760, M.S. 760 A, and M.S. 760 
B airplanes, all serial numbers, certificated in any category.

Reason

    (d) The mandatory continuing airworthiness information (MCAI) 
states:

Following Safety Alert No. SA-006, issued by the National 
Transportation Safety Board (NTSB) on aircraft icing, it was 
impossible to demonstrate that the aircraft can safely takeoff when 
contaminated by frost, ice, snow, or slush and fly into icing 
conditions.

Actions and Compliance

    (e) Do the following, unless already done:
    (1) Prior to the next flight after April 9, 2007 (the effective 
date of this AD), insert a copy of this AD into the Limitations 
Section of the Airplane Flight Manual (AFM) to incorporate the 
following.
    (i) Takeoff with frost, ice, snow, or slush on the wing, control 
surfaces, horizontal tail, or air intakes, and flight into icing 
conditions are prohibited.
    (ii) Prior to each flight in which ground icing conditions exist 
as described in EADS SOCATA MS760 Aircraft Mandatory Service 
Bulletin SB 76-053, dated October 2006, perform a visual/tactile 
check. No visible trace of frost is acceptable, particularly on 
stabilizers and wing upper surfaces and leading edges as well as on 
air intakes.
    (2) The owner/operator holding at least a private pilot 
certificate as authorized by section 43.7 of the Federal Aviation 
Regulations (14 CFR 43.7) may do the actions of this AD. Make an 
entry into the aircraft records showing compliance with this AD in 
accordance with section 43.9 of the Federal Aviation Regulations (14 
CFR 43.9).

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows:

    (1) The limitation in the MCAI that prohibits takeoff with 
frost, ice, snow, or slush on the wing, control surfaces, horizontal 
tail, and air intakes, * * * is changed in this AD to * * * wing, 
control surfaces, horizontal tail, or air intakes, * * * This meets 
the other airworthiness authority's intent and the FAA's intent of 
assuring that takeoff is prohibited if ice, snow, or slush is 
present on one of those surfaces instead of all the surfaces.
    (2) We added information in paragraph (e) that allows the owner/
operator to insert a copy of this AD into the Limitation Section of 
the AFM. Without this information, a licensed mechanic would be 
required to do the AFM insertion.

Other FAA AD Provisions

    (f) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Standards Staff, FAA, Small Airplane Directorate, ATTN: Albert J. 
Mercado, Aerospace Engineer, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4119; fax: (816) 329-4090, has 
the authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act (44 
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has 
approved the information collection requirements and has assigned 
OMB Control Number 2120-0056.

Related Information

    (g) Refer to MCAI European Aviation Safety Agency Emergency 
Airworthiness Directive AD No. 2006-0348-E, dated November 20, 2006, 
for related information.

Material Incorporated by Reference

    (h) You must use EADS SOCATA MS760 Aircraft Mandatory Service 
Bulletin SB 76-053, dated October 2006, to do the actions required 
by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact EADS 
SOCATA, Direction des Services, 65921 Tarbes Cedex 9, France; 
telephone: 33 (0)5 62.41.73.00; fax: 33 (0)5 62.41.76.54.
    (3) You may review copies at the FAA, Central Region, Office of 
the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri 
64106; or at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.


[[Page 9657]]


    Issued in Kansas City, Missouri, on February 22, 2007.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. E7-3574 Filed 3-2-07; 8:45 am]
BILLING CODE 4910-13-P