Federal Register / Vol. 72, No. 42 / Monday, March 5, 2007 / Rules and Regulations 9655 

Material Incorporated by Reference 

(i) You must use Boeing Service Bulletin 

717–28–0011, Revision 2, dated July 19, 

2006, to perform the actions that are required 

by this AD, unless the AD specifies 

otherwise. The Director of the Federal 

Register approved the incorporation by 

reference of this document in accordance 

with 5 U.S.C. 552(a) and 1 CFR part 51. 

Contact Boeing Commercial Airplanes, Long 

Beach Division, 3855 Lakewood Boulevard, 

Long Beach, California 90846, Attention: 

Data and Service Management, Dept. C1–L5A 

(D800–0024), for a copy of this service 

information. You may review copies at the 

FAA, Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington 

98057–3356; 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: http://www.archives.gov/federal-register/ 

cfr/ibr-locations.html. 

Issued in Renton, Washington, on February 

21, 2007. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E7–3560 Filed 3–2–07; 8:45 am] 

BILLING CODE 4910–13–P 

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 http:// 

dms.dot.gov 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 workhour 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: 


erjones on PRODPC74 with RULES
9656 Federal Register / Vol. 72, No. 42 / Monday, March 5, 2007 / Rules and Regulations 

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. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 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: http://www.archives.gov/federal-register/ 

cfr/ibr-locations.html. 


erjones on PRODPC74 with RULES
Federal Register / Vol. 72, No. 42 / Monday, March 5, 2007 / Rules and Regulations 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 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2006–26493; Directorate 

Identifier 2006–CE–78–AD; Amendment 39–

14964; AD 2007–05–03] 

RIN 2120–AA64 

Airworthiness Directives; Alpha 

Aviation Design Limited (Type 

Certificate No. A48EU Previously Held 

by APEX Aircraft and AVIONS PIERRE 

ROBIN) Model R2160 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: 

An occurrence of inadvertent manipulation 

of the fuel shut-off control has been reported. 

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 http:// 

dms.dot.gov 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: Karl 

Schletzbaum, Aerospace Engineer, FAA, 

Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4146; 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 487). 

That NPRM proposed to correct an 

unsafe condition for the specified 

products. The MCAI states: 

An occurrence of inadvertent manipulation 

of the fuel shut-off control has been reported. 

The MCAI requires installing a protector 

on the fuel shut-off control. 

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. 

Conclusion 

We reviewed the available data 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 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 

10 products of U.S. registry. We also 

estimate that it will take about 1 workhour per product to comply with this 

AD. The average labor rate is $80 per 

work-hour. Required parts will cost 

about $400 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 

$4,800, or $480 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 


erjones on PRODPC74 with RULES