Federal Register, Volume 75 Issue 250 (Thursday, December 30, 2010)

[Federal Register Volume 75, Number 250 (Thursday, December 30, 2010)]
[Proposed Rules]
[Pages 82335-82337]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-32966]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-1296; Directorate Identifier 2010-CE-063-AD]
RIN 2120-AA64

Airworthiness Directives; APEX Aircraft Model CAP 10 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. This proposed AD results from mandatory
continuing airworthiness information (MCAI)

[[Page 82336]]

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:

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 February 14,
2011.

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.
For service information identified in this proposed 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: apex-aircraft.com. You may review copies of the referenced
service information at the FAA, Small Airplane Directorate, 901 Locust,
Kansas City, Missouri 64106. For information on the availability of
this material at the FAA, call 816-329-4148.

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-2010-1296;
Directorate Identifier 2010-CE-063-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://www.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

The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued AD
No.: 2010-0233, dated November 26, 2010 (referred to after this as
``the MCAI''), to correct an unsafe condition for the specified
products. The MCAI states:

A fatal accident occurred to a CAP 10C, in which the pilot lost
control of the aeroplane.
The following investigation has revealed that the probable cause
of the accident was the improper locking of a turnbuckle (locking
clip missing) of the flight control cables, and the subsequent
inadvertent release of the pitchup control cable from the
turnbuckle.
For the above described reasons, this AD requires repetitive
inspections to verify the correct installation of the turnbuckles of
the flight control cables and, if foreseen by the applicable design
configuration of the turnbuckles and found to be missing, to restore
the locking clip and the safety wire.

You may obtain further information by examining the MCAI in the AD
docket.

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

We estimate that this proposed AD will affect 28 products of U.S.
registry. We also estimate that it would take about 3 work-hours per
product to comply with the basic requirements of this proposed AD. The
average labor rate is $85 per work-hour. Required parts would cost
about $100 per product.
Based on these figures, we estimate the cost of the proposed AD on
U.S. operators to be $9,940, or $355 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 proposed AD would not have federalism
implications under Executive Order 13132. This

[[Page 82337]]

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, Incorporation by
reference, 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 adding the following new AD:

APEX Aircraft: Docket No. FAA-2010-1296; Directorate Identifier
2010-CE-063-AD.

Comments Due Date

(a) We must receive comments by February 14, 2011.

Affected ADs

(b) None.

Applicability

Subject

(d) Air Transport Association of America (ATA) Code 27: Flight
Controls.

Reason

(e) The mandatory continuing airworthiness information (MCAI)
states:
A fatal accident occurred to a CAP 10C, in which the pilot lost
control of the aeroplane.
The following investigation has revealed that the probable cause
of the accident was the improper locking of a turnbuckle (locking
clip missing) of the flight control cables, and the subsequent
inadvertent release of the pitchup control cable from the
turnbuckle.
For the above described reasons, this AD requires repetitive
inspections to verify the correct installation of the turnbuckles of
the flight control cables and, if foreseen by the applicable design
configuration of the turnbuckles and found to be missing, to restore
the locking clip and the safety wire.

Actions and Compliance

(f) Unless already done, do the following actions:
(1) Within the next 2 months after the effective date of this
AD:
(i) If the turnbuckles are designed to be locked with locking
clips and safety wire, verify that the locking clips are properly
installed in the corresponding groove, that the safety wire of a
minimum diameter of 0.8 millimeter (mm) is correctly installed, and
that there is no damage to the whole turnbuckle installation.
(ii) For all other designs of turnbuckles, verify the correct
installation of the safety locking devices.
(iii) If any discrepancy is found during the inspection required
by paragraph (f)(1)(i) or (f)(1)(ii) of this AD, before further
flight, restore the correct turnbuckle installation in accordance
with standard maintenance practice.
(2) Repeat the inspection required by paragraph (f)(1)(i) or
(f)(1)(ii) of this AD, as applicable to the turnbuckles design, and
the associated corrective actions required by paragraph (f)(1)(iii)
of this AD at intervals not to exceed 110 hours time-in-service or
13 months since the last inspection, whichever occurs first.

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, a federal agency may not conduct or sponsor, and a person
is not required to respond to, nor shall a person be subject to a
penalty for failure to comply with a collection of information
subject to the requirements of the Paperwork Reduction Act unless
that collection of information displays a current valid OMB Control
Number. The OMB Control Number for this information collection is
2120-0056. Public reporting for this collection of information is
estimated to be approximately 5 minutes per response, including the
time for reviewing instructions, completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Comments concerning the accuracy of this
burden and suggestions for reducing the burden should be directed to
the FAA at: 800 Independence Ave., SW., Washington, DC 20591, Attn:
Information Collection Clearance Officer, AES-200.

Related Information

(h) Refer to MCAI European Aviation Safety Agency (EASA) AD No.:
2010-0233, dated November 26, 2010, for related information. For
service information related to 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; email:
apex-aircraft.com. You may review copies of the referenced service
information at the FAA, Small Airplane Directorate, 901 Locust,
Kansas City, Missouri 64106. For information on the availability of
this material at the FAA, call 816-329-4148.

Issued in Kansas City, Missouri, on December 22, 2010.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2010-32966 Filed 12-29-10; 8:45 am]
BILLING CODE 4910-13-P