[Federal Register Volume 72, Number 3 (Friday, January 5, 2007)]
[Proposed Rules]
[Pages 483-485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-22578]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-26489; Directorate Identifier 2006-CE-74-AD]
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: 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) 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.

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 February 5, 
2007.

ADDRESSES: You may send comments by any of the following methods:
     DOT Docket Web Site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Fax: (202) 493-2251.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.

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 this proposed AD, 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.

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 proposed AD references the MCAI and related service 
information that we considered in forming the engineering basis to 
correct the unsafe condition. The proposed AD contains text copied from 
the MCAI and for this reason might not follow our plain language 
principles.

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about

[[Page 484]]

this proposed AD. Send your comments to an address listed under the 
ADDRESSES section. Include ``Docket No. FAA-2006-26489; Directorate 
Identifier 2006-CE-74-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://dms.dot.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 
Emergency Airworthiness Directive AD No. 2006-0348-E, dated November 
20, 2006, referred to after this as ``the MCAI'', 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 requirement for a pre-takeoff check in ground icing conditions and 
flight into icing conditions. You may obtain further information by 
examining the MCAI in the AD docket.

Relevant Service Information

    EADS SOCATA has issued MS760 Aircraft Mandatory Service Bulletin SB 
SB 76-053, ATA No. 30, dated October 2006. 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 
described in a separate paragraph of the proposed AD. These 
requirements, if ultimately adopted, will take precedence over the 
actions copied from the MCAI.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 41 products of U.S. registry. We also estimate that 
it would take about 1 work-hour per product to comply with the proposed 
AD. The average labor rate is $80 per work-hour. Based on these 
figures, we estimate the cost of the proposed 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: 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 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 proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, 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:

SOCATA-Groupe AEROSPATIALE: Docket No. FAA-2006-26489; Directorate 
Identifier 2006-CE-74-AD.

Comments Due Date

    (a) We must receive comments by February 5, 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 the effective date of this 
AD, insert a copy of this AD into

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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, and 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, ATA No. 30, 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: 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, 
and EADS SOCATA MS760 Aircraft Mandatory Service Bulletin SB 76-053, 
ATA No. 30, dated October 2006, for related information.

    Issued in Kansas City, Missouri, on December 28, 2006.
John Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E6-22578 Filed 1-4-07; 8:45 am]
BILLING CODE 4910-13-P