[Federal Register: February 25, 2008 (Volume 73, Number 37)]
[Proposed Rules]
[Page 9968-9970]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25fe08-14]
[[Page 9968]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2008-0196; Directorate Identifier 2008-CE-002-AD]
RIN 2120-AA64
Airworthiness Directives; APEX Aircraft Model CAP 10 B Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above that would supersede an existing AD. This
proposed AD results from mandatory continuing airworthiness information
(MCAI) originated 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:
Further to a new fracture in flight of a CAP 10B wing in June
2003, the investigation in process seems to point out that a wrong
application of CAP 10B Service Bulletin No. 16 (CAP 10B-57-004)
would lead to the impossibility of detecting the potential spar
damage while performing the Type Certificate holder upper spar
flange inspection.
The proposed AD would require actions that are intended to address
the unsafe condition described in the MCAI.
DATES: We must receive comments on this proposed AD by March 26, 2008.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
Fax: (202) 493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
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 this proposed AD, 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.
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:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-0196;
Directorate Identifier 2008-CE-002-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
We will post all comments we receive, without change, to http://
regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
On February 4, 2003, we issued AD 2003-04-02, Amendment 39-13050
(68 FR 7904; February 19, 2003). That AD required actions intended to
address an unsafe condition on the products listed above.
Since we issued AD 2003-04-02, another wing of a Model CAP 10 B
airplane cracked in flight.
The Direction G[eacute]n[eacute]rale de L'Aviation Civile (DGAC),
which is the aviation authority for France, has issued AD 2003-375(A),
dated October 1, 2003 (referred to after this as ``the MCAI''), to
correct an unsafe condition for the specified products. The MCAI
states:
Further to a new fracture in flight of a CAP 10B wing in June
2003, the investigation in process seems to point out that a wrong
application of CAP 10B Service Bulletin No. 16 (CAP 10B-57-004)
would lead to the impossibility of detecting the potential spar
damage while performing the Type Certificate holder upper spar
flange inspection.
The MCAI requires you to check that the No. 1 wing rib has been
modified, comply with load factors and operating limitations, and do
repetitive inspections of the upper and lower spar flanges and landing
gear attachment blocks.
We are proposing to add new actions, retain actions from AD 2003-
04-02, and change the applicability (reduce the number) of the
airplanes.
You may obtain further information by examining the MCAI in the AD
docket.
Relevant Service Information
APEX Aircraft has issued Avions Mudry & CIE Service Bulletin CAP10B
No. 16, dated April 27, 1992; APEX Aircraft Document No. 1000913GB,
dated February 4, 2002; APEX Aircraft Document No. 1000914GB, dated
February 4, 2002; and APEX Aircraft Document No. 1000915GB, dated
February 4, 2002. The actions described in this service information are
intended to correct the unsafe condition identified in the MCAI.
FAA's Determination and Requirements of the Proposed AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with this State of Design Authority, they
have notified us of the unsafe condition described in the MCAI and
service information referenced above. We are proposing this AD because
we evaluated all information and determined the unsafe condition exists
and is likely to exist or develop on other products of the same type
design.
Differences Between This Proposed 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 proposed 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 proposed AD.
Costs of Compliance
Based on the service information, we estimate that this proposed AD
would affect about 31 products of U.S. registry including those
airplanes affected by
[[Page 9969]]
AD 2003-04-02. We also estimate that it would take about 20 work-hours
per product to comply with the basic requirements of this proposed AD.
The average labor rate is $80 per work-hour.
Based on these figures, we estimate the cost of the proposed AD on
U.S. operators to be $49,600, or $1,600 per product.
The estimated total cost on U.S. Operators includes the cumulative
costs associated with those airplanes affected by AD 2003-04-02 and
those costs associated with the lesser number of airplanes and the new
actions that would be added in this proposed AD.
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 proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 proposed
regulation:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the 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 proposed AD and placed it in the AD docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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 removing Amendment 39-13050 (68 FR
7804; February 19, 2003), and adding the following new AD:
APEX Aircraft: Docket No. FAA-2008-0196; Directorate Identifier
2008-CE-002-AD.
Comments Due Date
(a) We must receive comments by March 26, 2008.
Affected ADs
(b) This AD supersedes AD 2003-04-02, Amendment 39-13050.
Applicability
(c) This AD applies to Model CAP 10 B airplanes, serial numbers
(SNs) 01, 02, 03, 04, and 1 through 282, certificated in any
category, which have not been fitted with a replacement wood/carbon
wing following application of major change 000302.
Subject
(d) Air Transport Association of America (ATA) Code 57: Wings.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
``Further to a new fracture in flight of a CAP 10B wing in June
2003, the investigation in process seems to point out that a wrong
application of CAP 10B Service Bulletin No. 16 (CAP 10B-57-004)
would lead to the impossibility of detecting the potential spar
damage while performing the Type Certificate holder upper spar
flange inspection.''
The MCAI requires you to check that the No. 1 wing rib has been
modified, comply with load factors and operating limitations, and do
repetitive inspections of the upper and lower spar flanges and
landing gear attachment blocks.
Restatement of Requirements of AD 2003-04-02
(f) Unless already done, do the following actions:
(1) For Model CAP 10 B airplanes with SNs 01, 02, 03, 04, and 1
through 263, within the next 100 hours time-in-service (TIS) after
July 23, 1993 (the compliance date retained from AD 2003-04-02),
unless already done, install a permanent inspection opening in the
No. 1 wing rib following Avions Mudry Service Bulletin CAP10B No.
16, dated April 27, 1992. Inspection openings are incorporated
during production for airplanes having a serial number of 264 or
higher.
(2) For all affected airplanes, initially inspect the upper wing
spar cap, the main wing spar undersurface, and the landing gear
attachment blocks for cracks within the next 55 hours TIS after
April 4, 2003 (the compliance date retained from AD 2003-04-02)
following APEX Aircraft Document No. 1000913GB, dated February 4,
2002; APEX Aircraft Document No. 1000914GB, dated February 4, 2002;
and APEX Aircraft Document No. 1000915GB, dated February 4, 2002.
Repetitively inspect the upper wing spar cap and the main wing spar
undersurface thereafter at intervals not to exceed 55 hours TIS.
Repetitively inspect the landing gear attachment blocks thereafter
at intervals not to exceed 1,000 hours TIS.
(3) For all affected airplanes, before further flight if any
cracks are found during any inspection required in paragraph (f)(2)
of this AD, do the following:
(i) Obtain a repair scheme from the manufacturer through the FAA
at the address specified in paragraph (h)(1) of this AD;
(ii) Incorporate this repair scheme; and
(iii) Continue to inspect as specified in paragraph (f)(2) of
this AD.
New Requirements of This AD: Actions and Compliance
(g) Unless already done, do the following actions:
(1) Load factors limitation: Before further flight, as of the
effective date of this AD, the load factors limitation for solo
flight is +5 and -3.5 Gs and when 2 persons are on board is +4.3 and
-3.5 Gs.
(2) Flick (snap roll) maneuvers speed limitation: Before further
flight, as of the effective date of this AD, for positive and
negative flick maneuvers, the airspeed limitation is 160 km/hour (86
knots).
(3) Fabricate a placard that incorporates the following words
(using at least 1/8-inch letters) and install this placard on the
instrument panel within the pilot's clear view: ``THE NEVER EXCEED
AIRSPEED FOR POSITIVE OR NEGATIVE FLICK MANEUVERS IS 160 KM/H (86
KNOTS). THE LOAD FACTORS LIMITATION FOR SOLO FLIGHT IS +5 AND -3.5
Gs AND WHEN 2 PERSONS ARE ON BOARD IS +4.3 AND -3.5 Gs.''
FAA AD Differences
Note: This AD differs from the MCAI and/or service information
as follows: This AD does not include the requirement from the MCAI
to route the request to operate beyond the load factors limitation
and flick (snap roll) maneuvers speed limitation through the DGAC.
You may make this request to the FAA following paragraph (h)(1) of
this AD.
Other FAA AD Provisions
(h) 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
[[Page 9970]]
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
(i) Refer to MCAI French AD 2003-375(A), dated October 1, 2003;
Avions Mudry & CIE Service Bulletin CAP10B No. 16, dated April 27,
1992, APEX Aircraft Document No. 1000913GB, dated February 4, 2002;
APEX Aircraft Document No. 1000914GB, dated February 4, 2002; and
APEX Aircraft Document No. 1000915GB, dated February 4, 2002, for
related information.
Issued in Kansas City, Missouri, on February 14, 2008.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-3411 Filed 2-22-08; 8:45 am]
BILLING CODE 4910-13-P