[Federal Register: March 26, 2008 (Volume 73, Number 59)]
[Rules and Regulations]
[Page 15868-15870]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26mr08-4]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2008-0056 Directorate Identifier 2007-CE-096-AD;
Amendment 39-15446; AD 2008-07-05]
RIN 2120-AA64
Airworthiness Directives; APEX Aircraft Model CA 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
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:
A CAP 10B experienced an emergency landing after its front fuel
tank collapsed and rendered inoperative the left rudder pedals which
were blocked in neutral position. Investigation and the
metallurgical examination revealed that the fuel tank straps had
fractured as a result of fatigue. The tank support straps had logged
around 7000 hours time-in-service (TIS).
DGAC France Airworthiness Directive (AD) F-2004-071 was issued
to introduce a 4000 hour life-limit for the tank support straps and
to require replacement of straps which had exceeded this life-limit.
Since then, a front tank support has been found damaged during an
inspection before reaching 4000 hours TIS.
We are issuing this AD to require actions to correct the unsafe
condition on these products.
DATES: This AD becomes effective April 30, 2008.
On April 30, 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,
[[Page 15869]]
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 January 24, 2008 (73
FR 4121). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:
A CAP 10B experienced an emergency landing after its front fuel
tank collapsed and rendered inoperative the left rudder pedals which
were blocked in neutral position. Investigation and the
metallurgical examination revealed that the fuel tank straps had
fractured as a result of fatigue. The tank support straps had logged
around 7000 hours time-in-service (TIS).
DGAC France Airworthiness Directive (AD) F-2004-071 was issued
to introduce a 4000 hour life-limit for the tank support straps and
to require replacement of straps which had exceeded this life-limit.
Since then, a front tank support has been found damaged during an
inspection before reaching 4000 hours TIS.
The present AD supersedes DGAC France AD F-2004-071, reduces to
2000 hours the life-limit for the tank support straps and requires
replacement of straps which have exceeded the new life-limit.
These actions are intended to address the identified unsafe
condition so as to prevent fatigue cracks from occurring in the tank
support straps before the established safe life is reached.
The MCAI requires the life-limit of the front fuel tank strap be
reduced from 4,000 hours TIS to 2,000 hours TIS and the replacement of
front fuel tank straps that have exceeded the new life-limit.
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 19 work-hours per product to
comply with basic requirements of this AD. The average labor rate is
$80 per work-hour. Required parts would cost about $65 per product.
Based on these figures, we estimate the cost of this AD to the U.S.
operators to be $49,135 or $1,585 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:
2008-07-05 APEX Aircraft: Amendment 39-15446; Docket No. FAA-2008-
0056; Directorate Identifier 2007-CE-096-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective April
30, 2008.
Affected ADs
(b) None.
Applicability
(c) This AD applies to CAP 10 B airplanes, all serial numbers,
certificated in any category.
Subject
(d) Air Transport Association of America (ATA) Code 28: Fuel.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
A CAP 10B experienced an emergency landing after its front fuel
tank collapsed and rendered inoperative the left rudder pedals which
were blocked in neutral position. Investigation and the
metallurgical examination revealed that the fuel tank straps had
fractured as a result of fatigue. The tank
[[Page 15870]]
support straps had logged around 7,000 hours time-in-service (TIS).
DGAC France Airworthiness Directive (AD) F-2004-071 was issued
to introduce a 4,000 hour life-limit for the tank support straps and
to require replacement of straps which had exceeded this life-limit.
Since then, a front tank support has been found damaged during
an inspection before reaching 4,000 hours TIS.
The present AD supersedes DGAC France AD F-2004-071, reduces to
2,000 hours the life-limit for the tank support straps and requires
replacement of straps which have exceeded the new life-limit.
These actions are intended to address the identified unsafe
condition so as to prevent fatigue cracks from occurring in the tank
support straps before the established safe life is reached.
The MCAI requires the life-limit of the front fuel tank strap be
reduced from 4,000 hours TIS to 2,000 hours TIS and the replacement
of front fuel tank straps that have exceeded the new life-limit.
Actions and Compliance
(f) Unless already done, do the following actions:
(1) When you accumulate a total of 2,000 hours TIS on the strap
or within the next 30 days after April 30, 2008 (the effective date
of this AD), whichever occurs later, replace the front fuel tank
support strap, part number (P/N) CAP 10-70-08-01, using the
instructions in the maintenance manual.
(2) Repetitively thereafter in intervals not to exceed 2,000
hours TIS on the strap replace the front fuel tank support strap, P/
N CAP 10-70-08-01, using the instructions in the maintenance manual.
(3) If you are unable to establish the accumulated hours TIS on
the front fuel tank support strap, P/N CAP 10-70-08-01, you must use
the total hours TIS accumulated on the airplane for the accumulated
hours TIS on the strap.
(4) Within the next 30 days after the effective date of this AD
update the airworthiness limitations section of your maintenance
program to reflect the life limit change of P/N CAP 10-70-08-01 from
4,000 hours TIS to 2,000 hours TIS using APEX Aircraft Service
Bulletin No. 040102 R1, Revision 1, dated September 18, 2007.
FAA AD Differences
Note: This AD differs from the MCAI and/or service information
as follows: The FAA has established a more universal compliance time
for all airplanes. This gives all owners/operators at least 30 days
to comply with the AD.
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 AD No.: 2007-
0285, dated November 13, 2007; and APEX Aircraft Service Bulletin
No. 040102 R1, Revision 1, dated September 18, 2007, for related
information.
Material Incorporated by Reference
(i) You must use APEX Aircraft Service Bulletin No. 040102 R1,
Revision 1, dated September 18, 2007, 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; telephone: +33 380 35 65 10; fax +33 380 35 65 15;
e-mail: airworthiness@apex-aircraft.com; Internet: http://www.apex-
aircraft.com.
(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 March 17, 2008.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-5955 Filed 3-25-08; 8:45 am]
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