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12546 Federal Register / Vol. 72, No.

51 / Friday, March 16, 2007 / Rules and Regulations

resources.1 As with other actions taken • A violation has been alleged, but DEPARTMENT OF TRANSPORTATION
by the Commission, dismissal of a the respondent’s response or other
matter requires the vote of at least four evidence convincingly demonstrates Federal Aviation Administration
Commissioners. that no violation has occurred;
Pursuant to the exercise of its 14 CFR Part 39
prosecutorial discretion, the • A complaint alleges a violation but
is either not credible or is so vague that [Docket No. FAA–2006–26166; Directorate
Commission will dismiss a matter when Identifier 2006–CE–58–AD; Amendment 39–
the matter does not merit further use of an investigation would be effectively
impossible; or 14992; AD 2007–06–11]
Commission resources, due to factors
such as the small amount or significance • A complaint fails to describe a RIN 2120–AA64
of the alleged violation, the vagueness violation of the Act.
or weakness of the evidence, or likely Airworthiness Directives; EADS
If the Commission, with the vote of at SOCATA Model TBM 700 Airplanes
difficulties with an investigation, or
least four Commissioners, finds that
when the Commission lacks majority AGENCY: Federal Aviation
there is ‘‘no reason to believe’’ a
support for proceeding with a matter for Administration (FAA), Department of
other reasons. For example, a dismissal violation has occurred or is about to
occur with respect to the allegations in Transportation (DOT).
would be appropriate when:
the complaint, the Commission will ACTION: Final rule.
• The seriousness of the alleged
conduct is not sufficient to justify the close the file and respondents and the
SUMMARY: We are adopting a new
likely cost and difficulty of an complainant will be notified.
airworthiness directive (AD) for the
investigation to determine whether a D. Conclusion products listed above. This AD results
violation in fact occurred; or from mandatory continuing
• The evidence is sufficient to This policy enunciates and describes airworthiness information (MCAI)
support a ‘‘reason to believe’’ finding, the Commission’s standards for actions issued by an aviation authority of
but the violation is minor. at the point of determining whether or another country to identify and correct
The Commission may also dismiss
not to open an investigation or to enter an unsafe condition on an aviation
when, based on the complaint,
into conciliation with respondents prior product. The MCAI describes the unsafe
response, and publicly available
information, the Commission concludes to a finding of probable cause to believe. condition as:
that a violation of the Act did or very The policy does not confer any rights on Cracks on a vertical stabilizer attachment
probably did occur, but the size or any person and does not in any way fitting due to corrosion, have been found on
significance of the apparent violation is limit the right of the Commission to an aircraft in service.
not sufficient to warrant further pursuit evaluate every case individually on its We are issuing this AD to require
by the Commission. In this latter own facts and circumstances. actions to correct the unsafe condition
circumstance, the Commission will send This notice represents a general on these products.
a letter admonishing the respondent. statement of policy announcing the DATES: This AD becomes effective April
For example, a dismissal with general course of action that the 20, 2007.
admonishment would be appropriate Commission intends to follow. This The Director of the Federal Register
when: policy statement does not constitute an approved the incorporation by reference
• A respondent admits to a violation, of certain publications listed in this AD
agency regulation requiring notice of
but the amount of the violation is not
proposed rulemaking, opportunities for as of April 20, 2007.
sufficient to warrant any monetary
penalty; or public participation, prior publication, ADDRESSES: You may examine the AD
• A complaint convincingly alleges a and delay effective under 5 U.S.C. 553 docket on the Internet at http://
violation, but the significance of the of the Administrative Procedures Act dms.dot.gov or in person at the Docket
violation is not sufficient to warrant (‘‘APA’’). As such, it does not bind the Management Facility, U.S. Department
further pursuit by the Commission. Commission or any member of the of Transportation, 400 Seventh Street,
general public. The provisions of the SW., Nassif Building, Room PL–401,
C. ‘‘No Reason To Believe’’ Washington, DC.
Regulatory Flexibility Act, 5 U.S.C.
The Commission will make a 605(b), which apply when notice and FOR FURTHER INFORMATION CONTACT:
determination of ‘‘no reason to believe’’ comment are required by the APA or Albert J. Mercado, Aerospace Engineer,
a violation has occurred when the another statute, are not applicable. FAA, Small Airplane Directorate, 901
available information does not provide Locust, Room 301, Kansas City,
a basis for proceeding with the matter. Dated: March 7, 2007.
Missouri, 64106; telephone: (816) 329–
The Commission finds ‘‘no reason to Robert D. Lenhard, 4119; fax: (816) 329–4090.
believe’’ when the complaint, any Chairman, Federal Election Commission. SUPPLEMENTARY INFORMATION:
response filed by the respondent, and [FR Doc. E7–4868 Filed 3–15–07; 8:45 am]
any publicly available information, BILLING CODE 6715–01–P
Streamlined Issuance of AD
when taken together, fail to give rise to The FAA is implementing a new
a reasonable inference that a violation process for streamlining the issuance of
has occurred, or even if the allegations ADs related to MCAI. The streamlined
were true, would not constitute a process will allow us to adopt MCAI
violation of the law. For example, a ‘‘no safety requirements in a more efficient
reason to believe’’ finding would be manner and will reduce safety risks to
appropriate when:
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the public. This process continues to


1 The FECA and Commission regulations also
follow all FAA AD issuance processes to
recognize the Commission’s authority to dismiss
meet legal, economic, Administrative
enforcement matters. See 2 U.S.C. 437g(a)(1); 11 Procedure Act, and Federal Register
CFR 111.6(b) and 111.7(b). requirements. We also continue to meet

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Federal Register / Vol. 72, No. 51 / Friday, March 16, 2007 / Rules and Regulations 12547

our technical decision-making nearly 1 inch thick, there is severely information lists required parts costs
responsibilities to identify and correct limited visual access to the entire bore, that are covered under warranty, we
unsafe conditions on U.S.-certificated particularly in the middle section. They have assumed that there will be no
products. contracted the services of a Level 3 charge for these parts. As we do not
This AD references the MCAI and Nondestructive Testing (NDT) inspector control warranty coverage for affected
related service information that we to perform a Rotary Gun Eddy Current parties, some parties may incur costs
considered in forming the engineering Inspection of the fitting area. They higher than estimated here. Based on
basis to correct the unsafe condition. discussed this situation with the EADS these figures, we estimate the cost of
The AD contains text copied from the SOCATA Service Center in Pembroke this AD to the U.S. operators to be
MCAI and for this reason might not Pines, Florida; came to the conclusion $672,400, or $3,280 per product.
follow our plain language principles. this is the only practical approach to
Authority for This Rulemaking
Discussion completing this inspection without
removal of the vertical fin; and feel the Title 49 of the United States Code
We issued a notice of proposed published procedure is inadequate for specifies the FAA’s authority to issue
rulemaking (NPRM) to amend 14 CFR the purposes of detecting cracks in this rules on aviation safety. Subtitle I,
part 39 to include an AD that would area. section 106, describes the authority of
apply to the specified products. That EADS SOCATA has since released SB the FAA Administrator. ‘‘Subtitle VII:
NPRM was published in the Federal 70–104 Amendment 2, dated January Aviation Programs,’’ describes in more
Register on November 17, 2006 (71 FR 2007. The revised service bulletin detail the scope of the Agency’s
66889). That NPRM proposed to correct allows crack detection by penetrant authority.
an unsafe condition for the specified inspection or other equivalent process We are issuing this rulemaking under
products. The MCAI states that: (eddy current* * *) on the bores of the the authority described in ‘‘Subtitle VII,
Cracks on a vertical stabilizer attachment vertical stabilizer fitting and Part A, Subpart III, Section 44701:
fitting due to corrosion, have been found on attachments. The revised service General requirements.’’ Under that
an aircraft in service. bulletin Amendment 2 will be section, Congress charges the FAA with
incorporated into the AD, and the FAA promoting safe flight of civil aircraft in
Comments will give 100 percent credit for doing air commerce by prescribing regulations
We gave the public the opportunity to the action with Amendment 1 of the for practices, methods, and procedures
participate in developing this AD. We Service Bulletin. the Administrator finds necessary for
considered the comments received. safety in air commerce. This regulation
EADS SOCATA gave comments Conclusion is within the scope of that authority
addressing the following: We reviewed the available data, because it addresses an unsafe condition
including the comments received, and that is likely to exist or develop on
Comment Issue No. 1: Costs of
determined that air safety and the products identified in this rulemaking
Compliance
public interest require adopting the AD action.
EADS SOCATA comments that the with the changes described previously.
proposed AD specifies it would take 4 We determined that these changes will Regulatory Findings
work-hours per product to comply with not increase the economic burden on We determined that this AD will not
the proposed AD, but according to any operator or increase the scope of the have federalism implications under
EADS SOCATA, it would take 3.5 work- AD. Executive Order 13132. This AD will
hours. not have a substantial direct effect on
The FAA agrees and will incorporate Differences Between This AD and the
the States, on the relationship between
that change into the final rule Costs of MCAI or Service Information
the national government and the States,
Compliance section. We have reviewed the MCAI and or on the distribution of power and
Comment Issue No. 2: Service Bulletin related service information and, in responsibilities among the various
Compliance general, agree with their substance. But levels of government.
we might have found it necessary to use For the reasons discussed above, I
Quest Diagnostics comments that as different words from those in the MCAI certify this AD:
an operator of 4 TBM 700 aircraft with to ensure the AD is clear for U.S. (1) Is not a ‘‘significant regulatory
over 25,000 hours time-in-service (TIS) operators and is enforceable. In making action’’ under Executive Order 12866;
and more than 35,000 cycles of these changes, we do not intend to differ (2) Is not a ‘‘significant rule’’ under
operating experience they have been substantively from the information DOT Regulatory Policies and Procedures
performing the requirements of EADS provided in the MCAI and related (44 FR 11034, February 26, 1979); and
SOCATA Service Bulletin (SB) 70–104 service information. (3) Will not have a significant
since its publication in 2004. They have We might also have required different economic impact, positive or negative,
found in their experience that step 5 of actions in this AD from those in the on a substantial number of small entities
the SB, which requires an additional MCAI in order to follow FAA policies. under the criteria of the Regulatory
step to perform a ‘‘penetrante Any such differences are highlighted in Flexibility Act.
inspection’’ to the bores of the fitting a NOTE within the AD. We prepared a regulatory evaluation
and attachment on the rear fitting, is of the estimated costs to comply with
impractical if not impossible to Costs of Compliance
this AD and placed it in the AD Docket.
complete. They found that because this We estimate that this AD will affect
attachment area comprises a 205 products of U.S. registry. We also Examining the AD Docket
‘‘sandwich’’ of attachment lugs any estimate that it will take about 3.5 work- You may examine the AD docket on
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penetrant applied to this area in situ is hours per product to comply with basic the Internet at http://dms.dot.gov; or in
absorbed between the layers and requirements of this AD. The average person at the Docket Management
becomes impossible to clean without labor rate is $80 per work-hour. Facility between 9 a.m. and 5 p.m.,
removing the fin completely. Further, Required parts will cost about $3,000 Monday through Friday, except Federal
they found, since each assembly is per product. Where the service holidays. The AD docket contains the

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12548 Federal Register / Vol. 72, No. 51 / Friday, March 16, 2007 / Rules and Regulations

NPRM, the regulatory evaluation, any (2) Repeat the actions of paragraph (e)(1) Counsel, 901 Locust, Room 506, Kansas City,
comments received, and other every 1,200 hours TIS or every 24 months, Missouri 64106; or at the National Archives
information. The street address for the whichever occurs first, following EADS and Records Administration (NARA). For
SOCATA Service Bulletin SB 70–104, information on the availability of this
Docket Office (telephone (800) 647– Amendment 1, dated August 2004 or EADS material at NARA, call 202–741–6030, or go
5227) is in the ADDRESSES section. SOCATA Service Bulletin SB 70–104, to: http://www.archives.gov/federal-register/
Comments will be available in the AD Amendment 2, dated January 2007. cfr/ibr-locations.html.
docket shortly after receipt.
FAA AD Differences Issued in Kansas City, Missouri, on March
List of Subjects in 14 CFR Part 39 7, 2007.
Note 2: This AD differs from the MCAI
Air transportation, Aircraft, Aviation and/or service information as follows: This David R. Showers,
safety, Incorporation by reference, AD permits Amendment 2 of the SB to be Acting Manager, Small Airplane Directorate,
Safety. used. Aircraft Certification Service.
[FR Doc. E7–4724 Filed 3–15–07; 8:45 am]
Adoption of the Amendment Other FAA AD Provisions
BILLING CODE 4910–13–P
■ Accordingly, under the authority (f) The following provisions also apply to
this AD:
delegated to me by the Administrator, (1) Alternative Methods of Compliance
the FAA amends 14 CFR part 39 as (AMOCs): The Manager, Standards Staff, DEPARTMENT OF TRANSPORTATION
follows: FAA, ATTN: Albert J. Mercado, Aerospace
Engineer, FAA, Small Airplane Directorate, Federal Aviation Administration
PART 39—AIRWORTHINESS 901 Locust, Room 301, Kansas City, Missouri
DIRECTIVES 64106; telephone: (816) 329–4119; fax: (816) 14 CFR Part 39
329–4090, has the authority to approve
■ 1. The authority citation for part 39 AMOCs for this AD, if requested using the [Docket No. FAA–2006–26180; Directorate
continues to read as follows: procedures found in 14 CFR 39.19. Before Identifier 2006–CE–59–AD; Amendment 39–
using any approved AMOC on any airplane 14995; AD 2007–06–14]
Authority: 49 U.S.C. 106(g), 40113, 44701.
to which the AMOC applies, notify your RIN 2120–AA64
§ 39.13 [Amended] appropriate principal inspector (PI) in the
FAA Flight Standards District Office (FSDO), Airworthiness Directives; EADS
■ 2. The FAA amends § 39.13 by adding or lacking a PI, your local FSDO.
the following new AD: SOCATA Model TBM 700 Airplanes
(2) Airworthy Product: For any requirement
2007–06–11 EADS SOCATA Model TBM in this AD to obtain corrective actions from AGENCY: Federal Aviation
700 Airplanes: Amendment 39–14992; a manufacturer or other source, use these Administration (FAA), Department of
Docket No. FAA–2006–26166; actions if they are FAA-approved. Corrective
actions are considered FAA-approved if they
Transportation (DOT).
Directorate Identifier 2006–CE–58–AD.
are approved by the State of Design Authority ACTION: Final rule.
Effective Date (or their delegated agent). You are required
(a) This airworthiness directive (AD) to assure the product is airworthy before it SUMMARY: We are adopting a new
becomes effective April 20, 2007. is returned to service. airworthiness directive (AD) for the
(3) Reporting Requirements: For any products listed above. This AD results
Affected ADs reporting requirement in this AD, under the from mandatory continuing
(b) None. provisions of the Paperwork Reduction Act airworthiness information (MCAI)
(44 U.S.C. 3501 et seq.), the Office of issued by an aviation authority of
Applicability
Management and Budget (OMB) has
(c) This AD applies to SOCATA TBM 700 approved the information collection another country to identify and correct
airplanes, serial numbers 1 through 308, plus requirements and has assigned OMB Control an unsafe condition on an aviation
the serial number 310, certificated in any Number 2120–0056. product. The MCAI describes the unsafe
category. condition as the discovery of propeller
Related Information
Note 1: This AD does not apply to control cables with a defective
airplanes in which both modifications No. (g) Refer to Direction générale de l’aviation crimping. Two cable ends were found
MOD70–127–55 and MOD70–129–53 have civile (DGAC) AD No F–2003–366 R1, dated uncrimped at the factory after an engine
been factory installed. November 24, 2004; EADS SOCATA TBM
Aircraft Mandatory Service Bulletin SB 70–
run-up test, and one cable end was also
Reason 104, Amendment 1, dated August 2004; and found uncrimped on the first 100-hour
(d) The mandatory continuing EADS SOCATA TBM Aircraft Mandatory aircraft maintenance check. We are
airworthiness information (MCAI) states that: Service Bulletin SB 70–104, Amendment 2, issuing this AD to require actions to
Cracks on a vertical stabilizer attachment dated January 2007 for related information. correct the unsafe condition on these
fitting due to corrosion have been found on Material Incorporated by Reference products.
an aircraft in service.
(h) You must use EADS SOCATA TBM DATES: This AD becomes effective April
Actions and Compliance Aircraft Mandatory Service Bulletin No. SB 20, 2007.
(e) Unless already done, do the following 70–104, Amendment 1, dated August 2004, The Director of the Federal Register
actions. or EADS SOCATA TBM Aircraft Mandatory approved the incorporation by reference
(1) Within the next 600 hours time-in- Service Bulletin No. SB 70–104, Amendment of certain publications listed in this AD
service (TIS) or the next 12 months, 2, dated January 2007 to do the actions as of April 20, 2007.
whichever occurs first, after the effective date required by this AD, unless the AD specifies
of this AD, inspect the vertical stabilizer otherwise. ADDRESSES: You may examine the AD
attachment fittings and bolts for cracks or (1) The Director of the Federal Register docket on the Internet at http://
corrosion, and, if necessary, repair or replace approved the incorporation by reference of dms.dot.gov or in person at the Docket
the damaged part and then apply a corrosion this service information under 5 U.S.C. Management Facility, U.S. Department
protection reinforcement, following EADS 552(a) and 1 CFR part 51.
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of Transportation, 400 Seventh Street,


SOCATA Service Bulletin SB 70–104, (3) For service information identified in SW., Nassif Building, Room PL–401,
Amendment 1, dated August 2004 or EADS this AD, contact EADS SOCATA, Direction
SOCATA TBM Aircraft Mandatory Service des Services, 65921 Tarbes Cedex 9, France.
Washington, DC.
Bulletin SB 70–104, Amendment 2, dated (4) You may review copies at the FAA, FOR FURTHER INFORMATION CONTACT:
January 2007. Central Region, Office of the Regional Albert J. Mercado, Aerospace Engineer,

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