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 specifiedproducts. That NPRM was published in the Federal Register on November 17, 2006 (71 FR 66889). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states that:
Cracks on a vertical stabilizer attachment fitting due to corrosion, have been found on an aircraft in service.
Comments
We gave the public the opportunity to participate in developing this AD. We considered the comments received.
EADS SOCATA gave comments addressing the following:
Comment Issue No. 1: Costs of Compliance
EADS SOCATA comments that the proposed AD specifies it would take 4 work-hours per product to comply with the proposed AD, but according to EADS SOCATA, it would take 3.5 work-hours.
The FAA agrees and will incorporate that change into the final rule Costs of Compliance section.
Comment Issue No. 2: Service Bulletin Compliance
Quest Diagnostics comments that as an operator of 4 TBM 700 aircraft with over 25,000 hours time-in-service (TIS)and more than 35,000 cycles of operating experience they have been performing the requirements of EADS SOCATA Service Bulletin (SB) 70-104 since its publication in 2004. They have found in their experience that step 5 of the SB, which requires an additional step to perform a "penetrante inspection'' to the bores of the fitting and attachment on the rear fitting, is impractical if not impossible to complete. They found that because this attachment area comprises a "sandwich'' of attachment lugs any penetrant applied to this area in situ is absorbed between the layers and becomes impossible to clean without removing the fin completely. Further, they found, since each assembly is nearly 1 inch thick, there is severely limited visual access to the entire bore, particularly in the middle section. They contracted the services of a Level 3 Nondestructive Testing (NDT) inspector to perform a Rotary Gun Eddy Current Inspection of the fitting area. They discussed this situation with the EADS SOCATA Service Center in Pembroke Pines, Florida; came to the conclusion this is the only practical approach to completing this inspection without removal of the vertical fin; and feel the published procedure is inadequate for the purposes of detecting cracks in this area.
EADS SOCATA has since released SB 70-104 Amendment 2, dated January 2007. The revised service bulletin allows crack detection by penetrant inspection or other equivalent process (eddy current* * *) on the bores of the vertical stabilizer fitting and attachments. The revised service bulletin Amendment 2 will be incorporated into the AD, and the FAA will give 100 percent credit for doing the action with Amendment 1 of the Service Bulletin.
Conclusion
We reviewed the available data, including the comments received, and determined that air safety and the public interest require adopting the AD with the changes described previously. We determined that these changes will not increase the economic burden on anyoperator 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 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 highlighted in a NOTE within the AD.
Costs of Compliance
We estimate that this AD will affect 205 products of U.S. registry. We also estimate that it will take about 3.5 work-hours per product to comply with basic requirements of this AD. The average labor rate is $80 per work-hour. Required parts will cost about $3,000 per product. Wherethe 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 $672,400, or $3,280 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: