Federal Aviation Administration (FAA), Department of Transportation (DOT).
Notice of proposed rulemaking (NPRM).
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.
We must receive comments on this proposed AD by February 5, 2007.
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.Start Further Info
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.End Further Info End Preamble Start Supplemental 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.
We invite you to send any written relevant data, views, or arguments about Start Printed Page 484this 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.
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.
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.Start List of Subjects
List of Subjects in 14 CFR Part 39End List of Subjects
The Proposed Amendment
Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows:Start Part
PART 39—AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
2. The FAA amends § 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.
(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.
(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 Start Printed Page 485the 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
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.
(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.
Acting Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. E6-22578 Filed 1-4-07; 8:45 am]
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