[Federal Register Volume 76, Number 46 (Wednesday, March 9, 2011)]
[Rules and Regulations]
[Pages 12845-12847]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5101]
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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;
Amendment 39-16625; AD 2011-06-01]
RIN 2120-AA64
Airworthiness Directives; APEX Aircraft Model CAP 10 B 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 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.
We are issuing this AD to require actions to correct the unsafe
condition on these products.
DATES: This AD becomes effective April 13, 2011.
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 December 30, 2010
(75 FR 82335). That NPRM proposed to correct an unsafe condition for
the specified products. The MCAI states:
[[Page 12846]]
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.
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 28 products of U.S. registry.
We also estimate that it will take about 3 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Required parts will cost about $100 per product.
Based on these figures, we estimate the cost of this AD to the 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 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
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:
2011-06-01 APEX Aircraft: Amendment 39-16625; Docket No. FAA-2010-
1296; Directorate Identifier 2010-CE-063-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective April
13, 2011.
Affected ADs
(b) None.
Applicability
(c) This AD applies to APEX Aircraft Model CAP10 B and CAP10 B
airplanes with Major Change 000302 (commercial name CAP10C), all
serial numbers, certificated in any category.
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 April 13, 2011 (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
[[Page 12847]]
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.
Issued in Kansas City, Missouri, on February 28, 2011.
John Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-5101 Filed 3-8-11; 8:45 am]
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