[Federal Register: February 19, 2003 (Volume 68, Number 33)]
[Rules and Regulations]
[Page 7904-7908]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19fe03-5]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2002-CE-04-AD; Amendment 39-13050; AD 2003-04-02]
RIN 2120-AA64
Airworthiness Directives; APEX Aircraft Model CAP 10B Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
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SUMMARY: This amendment supersedes Airworthiness Directive (AD) 98-12-
10 and AD 99-21-23, which currently apply to APEX Aircraft (APEX) Model
CAP 10B airplanes. AD 98-12-10 requires installing an inspection
opening in the wing, repetitively inspecting the upper and lower wing
spars for structural cracking, and, if any cracks are found, repairing
the cracks in accordance with a repair method. AD 99-21-23 requires
restricting the entry speed for performing flick maneuvers to 97 knots,
inserting a copy of the AD into the Limitations Section of the CAP 10B
flight manual, and fabricating and installing a placard (in the cockpit
of the airplane within the pilot's clear view) that indicates this
limitation. This AD is the result of mandatory continuing airworthiness
information (MCAI) issued by the airworthiness authority for France.
This AD retains the wing modification and repair requirements from AD
98-12-10. This AD also incorporates new repetitive inspection
procedures, further reduces the flick maneuver speed specified in AD
99-21-23, and temporarily reduces the load factor limits prior to the
initial inspection. The actions specified by this AD are intended to
provide the flight information necessary to the pilot so that excessive
speed is not used during aerobatic maneuvers and to detect and correct
structural cracks in the wing spar, which could result in the wing
separating from the airplane. Such failure could lead to loss of
control of the airplane.
DATES: This AD becomes effective on April 4, 2003.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the regulations as of April
4, 2003.
The Director of the Federal Register previously approved the
incorporation by reference of Avions Mudry Service Bulletin CAP10B No.
16 (ATA 57-004), dated April 27, 1992, as listed in the regulations as
of July 23, 1993 (58 FR 31342, June 2, 1993).
ADDRESSES: You may get the service information referenced in this AD
from APEX Aircraft, Direction Technique, Route de Troyes, F21121
Darois, France; telephone: +33 (380) 356 510; facsimile: +33 (380) 356
515. You may view this information at the Federal Aviation
Administration (FAA), Central Region, Office of the Regional Counsel,
Attention: Rules Docket No. 2002-CE-04-AD, 901 Locust, Room 506, Kansas
City, Missouri 64106; or at the Office of the Federal Register, 800
North Capitol Street, NW., suite 700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: S.M. Nagarajan, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone: (816) 329-4145; facsimile: (816) 329-4090.
SUPPLEMENTARY INFORMATION:
Discussion
Has FAA taken any action to this point? The Direction Generale De
L'Aviation Civile (DGAC), which is the airworthiness authority for
France, notified FAA that it was receiving reports of cracks on the
upper and lower surfaces of the wing spar. The DGAC reported that the
cracking was occurring as a result of exceeding the load limit
determined for the airplane, executing snap roll maneuvers outside the
envelope for which the airplane is certificated, and experiencing
repetitive hard landings. This 1 condition caused us to issue AD 98-12-
10, Amendment 39-10566 (63 FR 31104, June 8, 1988). AD 98-12-10
requires the following on Model CAP 10B airplanes, all serial numbers
through 263:
--Installing an inspection opening in the wing;
--Repetitively inspecting the upper and lower wing spars for structural
cracking; and
--If any cracks are found, repairing the cracks.
Accomplishment of these actions is required in accordance with
Avions Mudry Service Bulletin No. 15, CAP10B-57-003, Revision 1, dated
April 3, 1996, and Avions Mudry Service Bulletin CAP10B No. 16 (ATA 57-
004), dated April 27, 1992.
The DGAC also reported that there was no airspeed limitation for
performing flick maneuvers during
[[Page 7905]]
aerobatic flight. The speeds listed in sections 4 and 7 of the CAP 10B
flight manual are only recommendations instead of required speeds.
Without required entry speeds for flick maneuvers when performing
aerobatic flight, the pilot could use excessive speed and cause the
wing to separate from the airplane. This situation caused us to issue
AD 99-21-23, Amendment 39-11368 (64 FR 55416, October 13, 1999). AD 99-
21-23 requires the following on Model CAP 10B airplanes, all serial
numbers:
--Restricting the entry speed for performing flick maneuvers to 97
knots;
--Inserting a copy of the AD into the Limitations Section of the CAP
10B flight manual; and
--Fabricating and installing a placard (in the cockpit of the airplane
within the pilot's clear view).
What has happened since AD 98-12-10 and AD 99-21-23 to initiate
this action? The DGAC notified the FAA that an unsafe condition may
still exist on all APEX Model CAP 10B airplanes, which created the need
to change AD 98-12-10 and AD 99-21-23. The DGAC reports that additional
fractures in the wing spar are being found that were not detected using
the inspection procedures specified in AD 98-12-10.
Has FAA taken any action to this point? We issued a proposal to
amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to
include an AD that would apply to all APEX Model CAP 10B airplanes.
This proposal was published in the Federal Register as a notice of
proposed rulemaking (NPRM) on July 2, 2002 (67 FR 44404). The NPRM
proposed to supersede AD 98-12-10 and AD 99-21-23 with a new AD that
would require the following:
--Installing an inspecting opening in each wing;
--Temporarily reducing the load factor limits until completion of the
initial inspection of the upper and lower surfaces of the wing spar and
landing gear attachment blocks and are found free of cracks;
--Repetitively inspecting the upper and lower surfaces of the wing spar
and the landing gear attachment blocks for cracks;
--Reducing the flick maneuver speed;
--Inserting a copy of the AD into the Limitation Section of the CAP 10B
flight manual; and
--Fabricating and installing a placard that indicates the flick
maneuver speed in the cockpit in the pilot's clear view. The placard
will incorporate the following language:
``The Never-Exceed Airspeed for Positive or Negative Flick
Maneuvers Is 160 KM/H (86 KTS)''
What is the potential impact if FAA took no action? This condition,
if not detected and corrected, could result in structural cracks in the
wing spar, which could result in the wing separating from the airplane.
Such failure could lead to loss of control of the airplane.
Was the public invited to comment? The FAA encouraged interested
persons to participate in the making of this amendment. The following
presents the comments received on the proposal and FAA's response to
each comment:
Comment Issue No. 1: Change the Initial Compliance Time for Inspecting
the Upper Wing Spar Cap, the Main Wing Spar Undersurface, and the
Landing Gear Attachment Blocks
What is the commenter's concern? The commenter states that the
initial inspection compliance time of within the next 50 hours TIS
after the effective date of this AD should be increased to 55 hours TIS
to coincide with French AD Number 2001-616(A) R1, dated May 29, 2002.
What is FAA's response to the concern? We concur with the commenter
and will change the final rule AD action to incorporate this change.
Comment Issue No. 2: Change the Repetitive Inspection Compliance Time
for the Landing Gear Attachment Blocks
What is the commenter's concern? The commenters are concerned that
repetitively removing bolts to inspect the landing gear attachment
blocks for cracks accelerates wear by elongating the bolt holes, which
promotes block cracking. Requiring repetitive inspections at intervals
not to exceed every 50 hours time-in-service (TIS) will ultimately do
more harm than good. The commenters suggest that repetitive inspections
be performed at each annual inspection.
What is FAA's response to the concern? We partially concur. We
agree that the intervals for repetitive inspections of the landing gear
attachment blocks should be increased. However, we cannot enforce a
compliance time of ``at each annual inspection.'' The unsafe condition
is directly related to use and not calendar time. Therefore, we are
increasing the intervals for repetitive inspections of the landing gear
attachment blocks to every 1,000 hours TIS.
We will change the final rule AD action to incorporate this change.
Comment Issue No. 3: Change the Repetitive Inspection Compliance Time
for the Upper Wing Spar Cap and the Main Wing Spar Undersurface
What is the commenter's concern? The commenter states that the
repetitive inspection compliance time of every 50 hours TIS after the
initial inspection should be increased to 55 hours TIS to coincide with
intermediate inspection requirements in French AD Number 2001-616(A)
R1, dated May 29, 2002. This is for the upper wing spar cap and the
main wing spar undersurface.
What is FAA's response to the concern? We concur with the commenter
and will change the final rule AD action to incorporate this change.
FAA's Determination
What is FAA's final determination on this issue? We carefully
reviewed all available information related to the subject presented
above and determined that air safety and the public interest require
the adoption of the rule as proposed except for changing the compliance
time for the repetitive inspection intervals and minor editorial
questions. We have determined that these changes and minor corrections:
--Provide the intent that was proposed in the NPRM for correcting the
unsafe condition; and
--Do not add any additional burden upon the public than was already
proposed in the NPRM.
Cost Impact
How many airplanes does this AD impact? We estimate that this AD
affects 36 airplanes in the U.S. registry.
What is the cost impact of this AD on owners/operators of the
affected airplanes? We estimate the following costs to accomplish the
installation of the inspection opening:
[[Page 7906]]
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Total cost per
Labor cost Parts cost airplane Total cost on U.S. operators
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18 workhours x $60 per hour = No parts required to $1,080 $1,080 x 36 = $38,880
$1,080. make the inspection
opening.
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We estimate the following costs to accomplish the inspection(s):
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Total cost per
Labor cost Parts cost airplane Total cost on U.S. operators
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15 workhours x $60 per hour = $300.. No parts required to $300 $300 x 36 = $10,800
perform the inspection.
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The FAA has no method of determining the number of repetitive
inspections each owner/operator will incur over the life of each of the
affected airplanes so the cost impact is based on the initial
inspection.
The FAA has no method of determining the number of repairs each
owner/operator will incur over the life of each of the affected
airplanes based on the results of the inspections. We have no way of
determining the number of airplanes that may need such repair. The
extent of damage may vary on each airplane.
Accomplishing the flight manual and placard requirements of this AD
may be performed by the owner/operator holding at least a private pilot
certificate as authorized by Sec. 43.7 of the Federal Aviation
Regulations (14 CFR 43.7), and must be entered into the aircraft
records showing compliance with this AD in accordance with Sec. 43.9
of the Federal Aviation Regulations (14 CFR 43.9). The only cost impact
of this action is the time it will take each owner/operator of the
affected airplanes to insert the information into the flight manual and
fabricate and install the placard.
What is the difference between the cost impact of this AD and the
cost impacts of AD 98-12-10 and AD 99-21-23? The only difference
between this AD and AD 98-12-10 and AD 99-21-23 is the change of
inspection procedures. The FAA has determined that the costs of these
changes are minimal and does not increase the cost impact over that
already required by the previous ADs.
Regulatory Impact
Does this AD impact various entities? The regulations adopted
herein 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. Therefore, it is determined that this final rule does not
have federalism implications under Executive Order 13132.
Does this AD involve a significant rule or regulatory action? For
the reasons discussed above, I certify that this action (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. A copy
of the final evaluation prepared for this action is contained in the
Rules Docket. A copy of it may be obtained by contacting the Rules
Docket at the location provided under the caption ADDRESSES.
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 Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (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. FAA amends Sec. 39.13 by removing Airworthiness Directive (AD)
98-12-10, Amendment 39-10566 (63 FR 31104, June 8, 1988), and AD 99-21-
23, Amendment 39-11368 (64 FR 55416, October 13, 1999), and by adding a
new AD to read as follows:
2003-04-02 Apex Aircraft (Avions Mudry et Cie previously held type
certificate A36EU): Amendment 39-13050; Docket No. 2002-CE-04-AD;
Supersedes AD 98-12-10, Amendment 39-10566, and AD 99-21-23,
Amendment 39-11368.
(a) What airplanes are affected by this AD? This AD affects
Model CAP 10B airplanes, all serial numbers, that are certificated
in any category.
(b) Who must comply with this AD? Anyone who wishes to operate
any of the airplanes identified in paragraph (a) of this AD must
comply with this AD.
(c) What problem does this AD address? The actions specified by
this AD are intended to provide the flight information necessary to
the pilot so that excessive speed is not used during aerobatic
maneuvers and to detect and correct structural cracks in the wing
spar, which could result in the wing separating from the airplane.
Such failure could lead to loss of control of the airplane.
(d) What actions must I accomplish to address this problem? To
address this problem, you must accomplish the following:
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Actions Compliance Procedures
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(1) For CAP 10 B airplanes, Within the next 100 In accordance with
all serial numbers through hours time-in- Avions Mudry
263, install a permanent service (TIS) after Service Bulletin
inspection opening in the July 23, 1993 (the CAP10B No. 16 ATA
No. 1 wing rib. Inspection effective date of (57-004), dated
openings are incorporated AD 93-10-11, which April 27, 1992.
during production for was superseded by
airplanes having a serial AD 98-12-10),
number of 264 or higher. unless already
accomplished.
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[[Page 7907]]
(2) For all airplanes, Within the next 25 Accomplish the
accomplish the following: hours TIS after limitations of
(i) Restrict the load April 4, 2003 (the paragraphs
factors limitation to +5 & - effective date of (d)(2)(i) and
3 G's.. this AD). (d)(2)(ii) of this
(ii) Restrict the entry AD by inserting a
speed for performing flick copy of the AD into
maneuvers to 86 knots the Limitations
through the incorporation Section of the CAP
of the following 10B flight manual.
information into the CAP The owner/operator
10B flight manual: ``The holding at least a
never-exceed airspeed for private pilot
positive or negative flick certificate as
maneuvers is 160 km/h (86 authorized by
knots).''. section 43.7 of the
(iii) Fabricate a placard Federal Aviation
that incorporates the Regulations (14 CFR
following words (using at 43.7) may
least \1/8\-inch letters) accomplish this
and install this placard on flight manual
the instrument panel within insertion and the
the pilot's clear view: placard
``THE NEVER EXCEED AIRSPEED requirements of
FOR POSITIVE OR NEGATIVE paragraph
FLICK MANEUVERS IS 160 KM/H (d)(2)(iii) of this
(86 KNOTS)''.. AD. Make an entry
into the aircraft
records showing
compliance with
these portions of
the AD in
accordance with
section 43.9 of the
Federal Aviation
Regulations (14 CFR
43.9).
-----------------------------
(3) Inspect the upper wing Initially inspect In accordance with
spar cap, the main wing all areas within APEX Aircraft
spar undersurface, and the the next 55 hours CAP10B--Upper spar
landing gear attachment TIS after April 4, cap inspection
blocks for cracks. 2003 (the effective Document No.
date of this AD). 1000913GB, Revision
Repetitively No. 00, dated
inspect the upper February 4, 2002;
wing spar cap and APEX Aircraft
the main wing spar CAP10B--Landing
undersurface gear attachment
thereafter at blocks inspection
intervals not-to- Document No.
exceed 55 hours TIS. 1000914GB, Revision
Repetitively inspect No. 00, dated
the landing gear February 4, 2002;
attachment blocks and APEX Aircraft
thereafter at CAP10B--Main spar
intervals not-to- undersurface
exceed 1,000 hours inspection Document
TIS.. No. 1000915GB,
Revision No. 00,
dated February 4,
2002.
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(4) If cracks are found Obtain and In accordance with
during any inspection incorporate the the repair scheme
required in paragraph repair scheme prior obtained from APEX
(d)(3) of this AD, to further flight Aircraft, Direction
accomplish the following: after the Technique, Route de
(i) Obtain a repair scheme inspection in which Troyes, F21121,
from the manufacturer the cracks are Darois, France.
through the FAA at the found. Continue to Obtain this repair
address specified in inspect as scheme through the
paragraph (f) of this AD;. specified in FAA at the address
(ii) Incorporate this repair paragraph (d)(3) of specified in
scheme; and. this AD. paragraph (f) of
(iii) The repair scheme will this AD.
indicate whether or not you
may raise the load factor
limits..
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(5) If no cracks are found Prior to further Not applicable.
during the initial flight after the
inspection required in initial inspection
paragraph (d)(3) of this required in
AD, you may raise load paragraph (d)(3) of
factor limits back to +6 &- this AD in which no
4.5 G's. cracks were found.
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Note 1: The service information specified in paragraph (d)(3) of
this AD is available on CD-ROM from the manufacturer. You may
contact them at the address and phone number in paragraph (h) of
this AD.
(e) Can I comply with this AD in any other way?
(1) You may use an alternative method of compliance or adjust
the compliance time if:
(i) Your alternative method of compliance provides an equivalent
level of safety; and
(ii) The Standards Office Manager, Small Airplane Directorate,
approves your alternative. Submit your request through an FAA
Principal Maintenance Inspector, who may add comments and then send
it to the Standards Office Manager.
(2) Alternative methods of compliance approved in accordance
with AD 98-12-10 and AD 99-21-23, which are superseded by this AD,
are not approved as alternative methods of compliance with this AD.
Note 2: This AD applies to each airplane identified in paragraph
(a) of this AD, regardless of whether it has been modified, altered,
or repaired in the area subject to the requirements of this AD. For
airplanes that have been modified, altered, or repaired so that the
performance of the requirements of this AD is affected, the owner/
operator must request approval for an alternative method of
compliance in accordance with paragraph (e) of this AD. The request
should include an assessment of the effect of the modification,
alteration, or repair on the unsafe condition addressed by this AD;
and, if you have not eliminated the unsafe condition, specific
actions you propose to address it.
(f) Where can I get information about any already-approved
alternative methods of compliance? Contact S.M. Nagarajan, Aerospace
Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301,
Kansas City, Missouri 64106; telephone: (816) 329-4145; facsimile:
(816) 329-4090.
(g) What if I need to fly the airplane to another location to
comply with this AD? The FAA can issue a special flight permit under
Sec. Sec. 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate your airplane to a location where
you can accomplish the requirements of this AD.
(h) Are any service bulletins incorporated into this AD by
reference?
(1) Actions required by this AD must be done in accordance with
Avions Mudry Service Bulletin CAP10B No. 16 (ATA 57-004), dated
April 27, 1992; APEX Aircraft CAP10B--Upper spar cap inspection
Document No. 1000913GB, Revision No. 00, dated February 4, 2002;
APEX Aircraft CAP10B--Landing gear attachment blocks inspection
Document No. 1000914GB, Revision No. 00, dated February 4, 2002; and
APEX Aircraft CAP10B--Main spar undersurface inspection Document No.
1000915GB, Revision No. 00, dated February 4, 2002.
(i) The Director of the Federal Register approved this
incorporation by reference of APEX Aircraft CAP10B--Upper spar cap
inspection Document No. 1000913GB, Revision No. 00, dated February
4, 2002; APEX Aircraft CAP10B--Landing gear attachment blocks
inspection Document No. 1000914GB, Revision No. 00, dated February
4, 2002; and APEX Aircraft CAP10B--Main spar undersurface inspection
Document No. 1000915GB, Revision No. 00, dated February 4, 2002,
under 5 U.S.C. 552(a) and 1 CFR part 51.
(ii) The Director of the Federal Register previously approved
the incorporation by reference of Avions Mudry Service Bulletin
CAP10B No. 16 (ATA 57-004), dated April 27, 1992, as listed in the
regulations as of July 23, 1993 (58 FR 31342, June 2, 1993).
[[Page 7908]]
(2) You may get copies from APEX AIRCRAFT, Direction Technique,
Route de Troyes, F21121 Darois, France; telephone: +33 (380) 356
510; facsimile: +33 (380) 356 515. You may view copies at the FAA,
Central Region, Office of the Regional Counsel, 901 Locust, Room
506, Kansas City, Missouri, or at the Office of the Federal
Register, 800 North Capitol Street, NW, suite 700, Washington, DC.
(i) Does this AD action affect any existing AD actions? This
amendment supersedes AD 98-12-10, Amendment 39-10566 and AD 99-21-
23, Amendment 39-11368.
Note 3: The subject of this AD is addressed in French AD Number
2001-616(A) R1, dated May 29, 2002.
(j) When does this amendment become effective ? This amendment
becomes effective on April 4, 2003.
Issued in Kansas City, Missouri, on February 4, 2003.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 03-3450 Filed 2-18-03; 8:45 am]
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