[Federal Register: July 8, 2008 (Volume 73, Number 131)]
[Rules and Regulations]
[Page 38889-38891]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08jy08-4]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2008-0536; Directorate Identifier 2008-CE-030-AD;
Amendment 39-15595; AD 2008-13-32]
RIN 2120-AA64
Airworthiness Directives; APEX Aircraft Model CAP 10B Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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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
[[Page 38890]]
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:
It has been determined that the currently used values for Arms
of front and rear fuel tanks, and luggage compartment from the CAP
10B Airplane Flight Manuals (AFM), must be rectified.
If left uncorrected, these weight and balance data could lead to
erroneous determination of the location of the Center of Gravity
(CG) and possibly cause operation with the CG outside the approved
limits which may result in control difficulty.
We are issuing this AD to require actions to correct the unsafe
condition on these products.
DATES: This AD becomes effective August 12, 2008.
On August 12, 2008, the Director of the Federal Register approved
the incorporation by reference of certain publications listed in this
AD.
ADDRESSES: You may examine the AD docket on the Internet at http://
www.regulations.gov or in person at Document Management Facility, U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC
20590.
FOR FURTHER INFORMATION CONTACT: Sarjapur Nagarajan, Aerospace
Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas
City, Missouri 64106; telephone: (816) 329-4145; fax: (816) 329-4090.
SUPPLEMENTARY INFORMATION:
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 May 9, 2008 (73 FR
26351). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:
It has been determined that the currently used values for Arms
of front and rear fuel tanks, and luggage compartment from the CAP
10B Airplane Flight Manuals (AFM), must be rectified.
If left uncorrected, these weight and balance data could lead to
erroneous determination of the location of the Center of Gravity
(CG) and possibly cause operation with the CG outside the approved
limits which may result in control difficulty.
To prevent this condition, the present Airworthiness Directive
(AD) mandates revision of the AFM which introduces the corrected
values and replaces the previous loading graphs by loading tables.
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 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 31 products of U.S. registry.
We also estimate that it will take about 1 work-hour per product to
comply with basic requirements of this AD. The average labor rate is
$80 per work-hour.
Based on these figures, we estimate the cost of this AD to the U.S.
operators to be to be $2,480, 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.
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://
www.regulations.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) 647-5527) 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
0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
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]
0
2. The FAA amends Sec. 39.13 by adding the following new AD:
2008-13-32 APEX Aircraft: Amendment 39-15595; Docket No. FAA-2008-
0536; Directorate Identifier 2008-CE-030-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective August
12, 2008.
[[Page 38891]]
Affected ADs
(b) None.
Applicability
(c) This AD applies to CAP 10B airplanes, all serial numbers up
to and including 282, certificated in any category.
Subject
(d) Air Transport Association of America (ATA) Code 08: Leveling
and Weighing.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
It has been determined that the currently used values for Arms
of front and rear fuel tanks, and luggage compartment from the CAP
10B Airplane Flight Manuals (AFM), must be rectified.
If left uncorrected, these weight and balance data could lead to
erroneous determination of the location of the Center of Gravity
(CG) and possibly cause operation with the CG outside the approved
limits which may result in control difficulty.
To prevent this condition, the present Airworthiness Directive
(AD) mandates revision of the AFM which introduces the corrected
values and replaces the previous loading graphs by loading tables.
Actions and Compliance
(f) Unless already done, within the next 50 hours time-in-
service (TIS) after August 12, 2008 (the effective date of this AD),
incorporate Apex Aircraft AVION CAP 10B Document Number 1000977 GB,
Revision 8, dated February 2007 into the limitations section of the
airplane flight manual as specified in APEX Aircraft Service
Bulletin No. 030502, dated April 11, 2008. 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
this action. Make an entry in the aircraft records showing
compliance with this portion of the AD following 14 CFR 43.9.
FAA AD Differences
Note: This AD differs from the MCAI and/or service information
as follows: No differences.
Other FAA AD Provisions
(g) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Sarjapur Nagarajan, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone: (816) 329-4145; fax: (816) 329-4090.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.
(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
(h) Refer to MCAI European Aviation Safety Agency (EASA) AD No.
2008-0071, dated April 15, 2008; and APEX Aircraft Service Bulletin
No. 030502, dated April 11, 2008, for related information.
Material Incorporated by Reference
(i) You must use APEX Aircraft Service Bulletin No. 030502,
dated April 11, 2008, 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 Apex
Aircraft, Bureau de Navigabilit[eacute], 1 route de Troyes, 21121
DAROIS, France.
(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.
Issued in Kansas City, Missouri, on June 19, 2008.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-14484 Filed 7-7-08; 8:45 am]
BILLING CODE 4910-13-P