[Federal Register Volume 68, Number 33 (Wednesday, February 19, 2003)]
[Rules and Regulations]
[Pages 7904-7908]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-3450]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-CE-04-AD; Amendment 39-13050; AD 2003-04-02]
RIN 2120-AA64


Airworthiness Directives; APEX Aircraft Model CAP 10B Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment supersedes Airworthiness Directive (AD) 98-12-
10 and AD 99-21-23, which currently apply to APEX Aircraft (APEX) Model 
CAP 10B airplanes. AD 98-12-10 requires installing an inspection 
opening in the wing, repetitively inspecting the upper and lower wing 
spars for structural cracking, and, if any cracks are found, repairing 
the cracks in accordance with a repair method. AD 99-21-23 requires 
restricting the entry speed for performing flick maneuvers to 97 knots, 
inserting a copy of the AD into the Limitations Section of the CAP 10B 
flight manual, and fabricating and installing a placard (in the cockpit 
of the airplane within the pilot's clear view) that indicates this 
limitation. This AD is the result of mandatory continuing airworthiness 
information (MCAI) issued by the airworthiness authority for France. 
This AD retains the wing modification and repair requirements from AD 
98-12-10. This AD also incorporates new repetitive inspection 
procedures, further reduces the flick maneuver speed specified in AD 
99-21-23, and temporarily reduces the load factor limits prior to the 
initial inspection. The actions specified by this AD are intended to 
provide the flight information necessary to the pilot so that excessive 
speed is not used during aerobatic maneuvers and to detect and correct 
structural cracks in the wing spar, which could result in the wing 
separating from the airplane. Such failure could lead to loss of 
control of the airplane.

DATES: This AD becomes effective on April 4, 2003.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the regulations as of April 
4, 2003.
    The Director of the Federal Register previously approved the 
incorporation by reference of Avions Mudry Service Bulletin CAP10B No. 
16 (ATA 57-004), dated April 27, 1992, as listed in the regulations as 
of July 23, 1993 (58 FR 31342, June 2, 1993).

ADDRESSES: You may get the service information referenced in this AD 
from APEX Aircraft, Direction Technique, Route de Troyes, F21121 
Darois, France; telephone: +33 (380) 356 510; facsimile: +33 (380) 356 
515. You may view this information at the Federal Aviation 
Administration (FAA), Central Region, Office of the Regional Counsel, 
Attention: Rules Docket No. 2002-CE-04-AD, 901 Locust, Room 506, Kansas 
City, Missouri 64106; or at the Office of the Federal Register, 800 
North Capitol Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: S.M. Nagarajan, Aerospace Engineer, 
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4145; facsimile: (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Discussion

    Has FAA taken any action to this point? The Direction Generale De 
L'Aviation Civile (DGAC), which is the airworthiness authority for 
France, notified FAA that it was receiving reports of cracks on the 
upper and lower surfaces of the wing spar. The DGAC reported that the 
cracking was occurring as a result of exceeding the load limit 
determined for the airplane, executing snap roll maneuvers outside the 
envelope for which the airplane is certificated, and experiencing 
repetitive hard landings. This 1 condition caused us to issue AD 98-12-
10, Amendment 39-10566 (63 FR 31104, June 8, 1988). AD 98-12-10 
requires the following on Model CAP 10B airplanes, all serial numbers 
through 263:

--Installing an inspection opening in the wing;
--Repetitively inspecting the upper and lower wing spars for structural 
cracking; and
--If any cracks are found, repairing the cracks.

    Accomplishment of these actions is required in accordance with 
Avions Mudry Service Bulletin No. 15, CAP10B-57-003, Revision 1, dated 
April 3, 1996, and Avions Mudry Service Bulletin CAP10B No. 16 (ATA 57-
004), dated April 27, 1992.
    The DGAC also reported that there was no airspeed limitation for 
performing flick maneuvers during

[[Page 7905]]

aerobatic flight. The speeds listed in sections 4 and 7 of the CAP 10B 
flight manual are only recommendations instead of required speeds.
    Without required entry speeds for flick maneuvers when performing 
aerobatic flight, the pilot could use excessive speed and cause the 
wing to separate from the airplane. This situation caused us to issue 
AD 99-21-23, Amendment 39-11368 (64 FR 55416, October 13, 1999). AD 99-
21-23 requires the following on Model CAP 10B airplanes, all serial 
numbers:

--Restricting the entry speed for performing flick maneuvers to 97 
knots;
--Inserting a copy of the AD into the Limitations Section of the CAP 
10B flight manual; and
--Fabricating and installing a placard (in the cockpit of the airplane 
within the pilot's clear view).

    What has happened since AD 98-12-10 and AD 99-21-23 to initiate 
this action? The DGAC notified the FAA that an unsafe condition may 
still exist on all APEX Model CAP 10B airplanes, which created the need 
to change AD 98-12-10 and AD 99-21-23. The DGAC reports that additional 
fractures in the wing spar are being found that were not detected using 
the inspection procedures specified in AD 98-12-10.
    Has FAA taken any action to this point? We issued a proposal to 
amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to 
include an AD that would apply to all APEX Model CAP 10B airplanes. 
This proposal was published in the Federal Register as a notice of 
proposed rulemaking (NPRM) on July 2, 2002 (67 FR 44404). The NPRM 
proposed to supersede AD 98-12-10 and AD 99-21-23 with a new AD that 
would require the following:

--Installing an inspecting opening in each wing;
--Temporarily reducing the load factor limits until completion of the 
initial inspection of the upper and lower surfaces of the wing spar and 
landing gear attachment blocks and are found free of cracks;
--Repetitively inspecting the upper and lower surfaces of the wing spar 
and the landing gear attachment blocks for cracks;
--Reducing the flick maneuver speed;
--Inserting a copy of the AD into the Limitation Section of the CAP 10B 
flight manual; and
--Fabricating and installing a placard that indicates the flick 
maneuver speed in the cockpit in the pilot's clear view. The placard 
will incorporate the following language:


    ``The Never-Exceed Airspeed for Positive or Negative Flick 
Maneuvers Is 160 KM/H (86 KTS)''

    What is the potential impact if FAA took no action? This condition, 
if not detected and corrected, could result in structural cracks in the 
wing spar, which could result in the wing separating from the airplane. 
Such failure could lead to loss of control of the airplane.
    Was the public invited to comment? The FAA encouraged interested 
persons to participate in the making of this amendment. The following 
presents the comments received on the proposal and FAA's response to 
each comment:

Comment Issue No. 1: Change the Initial Compliance Time for Inspecting 
the Upper Wing Spar Cap, the Main Wing Spar Undersurface, and the 
Landing Gear Attachment Blocks

    What is the commenter's concern? The commenter states that the 
initial inspection compliance time of within the next 50 hours TIS 
after the effective date of this AD should be increased to 55 hours TIS 
to coincide with French AD Number 2001-616(A) R1, dated May 29, 2002.
    What is FAA's response to the concern? We concur with the commenter 
and will change the final rule AD action to incorporate this change.

Comment Issue No. 2: Change the Repetitive Inspection Compliance Time 
for the Landing Gear Attachment Blocks

    What is the commenter's concern? The commenters are concerned that 
repetitively removing bolts to inspect the landing gear attachment 
blocks for cracks accelerates wear by elongating the bolt holes, which 
promotes block cracking. Requiring repetitive inspections at intervals 
not to exceed every 50 hours time-in-service (TIS) will ultimately do 
more harm than good. The commenters suggest that repetitive inspections 
be performed at each annual inspection.
    What is FAA's response to the concern? We partially concur. We 
agree that the intervals for repetitive inspections of the landing gear 
attachment blocks should be increased. However, we cannot enforce a 
compliance time of ``at each annual inspection.'' The unsafe condition 
is directly related to use and not calendar time. Therefore, we are 
increasing the intervals for repetitive inspections of the landing gear 
attachment blocks to every 1,000 hours TIS.
    We will change the final rule AD action to incorporate this change.

Comment Issue No. 3: Change the Repetitive Inspection Compliance Time 
for the Upper Wing Spar Cap and the Main Wing Spar Undersurface

    What is the commenter's concern? The commenter states that the 
repetitive inspection compliance time of every 50 hours TIS after the 
initial inspection should be increased to 55 hours TIS to coincide with 
intermediate inspection requirements in French AD Number 2001-616(A) 
R1, dated May 29, 2002. This is for the upper wing spar cap and the 
main wing spar undersurface.
    What is FAA's response to the concern? We concur with the commenter 
and will change the final rule AD action to incorporate this change.

FAA's Determination

    What is FAA's final determination on this issue? We carefully 
reviewed all available information related to the subject presented 
above and determined that air safety and the public interest require 
the adoption of the rule as proposed except for changing the compliance 
time for the repetitive inspection intervals and minor editorial 
questions. We have determined that these changes and minor corrections:

--Provide the intent that was proposed in the NPRM for correcting the 
unsafe condition; and
--Do not add any additional burden upon the public than was already 
proposed in the NPRM.

Cost Impact

    How many airplanes does this AD impact? We estimate that this AD 
affects 36 airplanes in the U.S. registry.
    What is the cost impact of this AD on owners/operators of the 
affected airplanes? We estimate the following costs to accomplish the 
installation of the inspection opening:

[[Page 7906]]



----------------------------------------------------------------------------------------------------------------
                                                             Total cost per
             Labor cost                    Parts cost           airplane        Total cost on U.S.  operators
----------------------------------------------------------------------------------------------------------------
18 workhours x $60 per hour =        No parts required to            $1,080  $1,080 x 36 = $38,880
 $1,080.                              make the inspection
                                      opening.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to accomplish the inspection(s):

----------------------------------------------------------------------------------------------------------------
                                                               Total cost per
             Labor cost                      Parts cost           airplane       Total cost on U.S.  operators
----------------------------------------------------------------------------------------------------------------
15 workhours x $60 per hour = $300..  No parts required to               $300  $300 x 36 = $10,800
                                       perform the inspection.
----------------------------------------------------------------------------------------------------------------

    The FAA has no method of determining the number of repetitive 
inspections each owner/operator will incur over the life of each of the 
affected airplanes so the cost impact is based on the initial 
inspection.
    The FAA has no method of determining the number of repairs each 
owner/operator will incur over the life of each of the affected 
airplanes based on the results of the inspections. We have no way of 
determining the number of airplanes that may need such repair. The 
extent of damage may vary on each airplane.
    Accomplishing the flight manual and placard requirements of this AD 
may be performed by the owner/operator holding at least a private pilot 
certificate as authorized by Sec.  43.7 of the Federal Aviation 
Regulations (14 CFR 43.7), and must be entered into the aircraft 
records showing compliance with this AD in accordance with Sec.  43.9 
of the Federal Aviation Regulations (14 CFR 43.9). The only cost impact 
of this action is the time it will take each owner/operator of the 
affected airplanes to insert the information into the flight manual and 
fabricate and install the placard.
    What is the difference between the cost impact of this AD and the 
cost impacts of AD 98-12-10 and AD 99-21-23? The only difference 
between this AD and AD 98-12-10 and AD 99-21-23 is the change of 
inspection procedures. The FAA has determined that the costs of these 
changes are minimal and does not increase the cost impact over that 
already required by the previous ADs.

Regulatory Impact

    Does this AD impact various entities? The regulations adopted 
herein 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. Therefore, it is determined that this final rule does not 
have federalism implications under Executive Order 13132.
    Does this AD involve a significant rule or regulatory action? For 
the reasons discussed above, I certify that this action (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. A copy 
of the final evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

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 Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (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. FAA amends Sec.  39.13 by removing Airworthiness Directive (AD) 
98-12-10, Amendment 39-10566 (63 FR 31104, June 8, 1988), and AD 99-21-
23, Amendment 39-11368 (64 FR 55416, October 13, 1999), and by adding a 
new AD to read as follows:

2003-04-02 Apex Aircraft (Avions Mudry et Cie previously held type 
certificate A36EU): Amendment 39-13050; Docket No. 2002-CE-04-AD; 
Supersedes AD 98-12-10, Amendment 39-10566, and AD 99-21-23, 
Amendment 39-11368.

    (a) What airplanes are affected by this AD? This AD affects 
Model CAP 10B airplanes, all serial numbers, that are certificated 
in any category.
    (b) Who must comply with this AD? Anyone who wishes to operate 
any of the airplanes identified in paragraph (a) of this AD must 
comply with this AD.
    (c) What problem does this AD address? The actions specified by 
this AD are intended to provide the flight information necessary to 
the pilot so that excessive speed is not used during aerobatic 
maneuvers and to detect and correct structural cracks in the wing 
spar, which could result in the wing separating from the airplane. 
Such failure could lead to loss of control of the airplane.
    (d) What actions must I accomplish to address this problem? To 
address this problem, you must accomplish the following:

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) For CAP 10 B airplanes,   Within the next 100   In accordance with
 all serial numbers through    hours time-in-        Avions Mudry
 263, install a permanent      service (TIS) after   Service Bulletin
 inspection opening in the     July 23, 1993 (the    CAP10B No. 16 ATA
 No. 1 wing rib. Inspection    effective date of     (57-004), dated
 openings are incorporated     AD 93-10-11, which    April 27, 1992.
 during production for         was superseded by
 airplanes having a serial     AD 98-12-10),
 number of 264 or higher.      unless already
                               accomplished.
-----------------------------

[[Page 7907]]

 
(2) For all airplanes,        Within the next 25    Accomplish the
 accomplish the following:     hours TIS after       limitations of
(i) Restrict the load          April 4, 2003 (the    paragraphs
 factors limitation to +5 & -  effective date of     (d)(2)(i) and
 3 G's..                       this AD).             (d)(2)(ii) of this
(ii) Restrict the entry                              AD by inserting a
 speed for performing flick                          copy of the AD into
 maneuvers to 86 knots                               the Limitations
 through the incorporation                           Section of the CAP
 of the following                                    10B flight manual.
 information into the CAP                            The owner/operator
 10B flight manual: ``The                            holding at least a
 never-exceed airspeed for                           private pilot
 positive or negative flick                          certificate as
 maneuvers is 160 km/h (86                           authorized by
 knots).''.                                          section 43.7 of the
(iii) Fabricate a placard                            Federal Aviation
 that incorporates the                               Regulations (14 CFR
 following words (using at                           43.7) may
 least \1/8\-inch letters)                           accomplish this
 and install this placard on                         flight manual
 the instrument panel within                         insertion and the
 the pilot's clear view:                             placard
 ``THE NEVER EXCEED AIRSPEED                         requirements of
 FOR POSITIVE OR NEGATIVE                            paragraph
 FLICK MANEUVERS IS 160 KM/H                         (d)(2)(iii) of this
 (86 KNOTS)''..                                      AD. Make an entry
                                                     into the aircraft
                                                     records showing
                                                     compliance with
                                                     these portions of
                                                     the AD in
                                                     accordance with
                                                     section 43.9 of the
                                                     Federal Aviation
                                                     Regulations (14 CFR
                                                     43.9).
-----------------------------
(3) Inspect the upper wing    Initially inspect     In accordance with
 spar cap, the main wing       all areas within      APEX Aircraft
 spar undersurface, and the    the next 55 hours     CAP10B--Upper spar
 landing gear attachment       TIS after April 4,    cap inspection
 blocks for cracks.            2003 (the effective   Document No.
                               date of this AD).     1000913GB, Revision
                               Repetitively          No. 00, dated
                               inspect the upper     February 4, 2002;
                               wing spar cap and     APEX Aircraft
                               the main wing spar    CAP10B--Landing
                               undersurface          gear attachment
                               thereafter at         blocks inspection
                               intervals not-to-     Document No.
                               exceed 55 hours TIS.  1000914GB, Revision
                              Repetitively inspect   No. 00, dated
                               the landing gear      February 4, 2002;
                               attachment blocks     and APEX Aircraft
                               thereafter at         CAP10B--Main spar
                               intervals not-to-     undersurface
                               exceed 1,000 hours    inspection Document
                               TIS..                 No. 1000915GB,
                                                     Revision No. 00,
                                                     dated February 4,
                                                     2002.
-----------------------------
(4) If cracks are found       Obtain and            In accordance with
 during any inspection         incorporate the       the repair scheme
 required in paragraph         repair scheme prior   obtained from APEX
 (d)(3) of this AD,            to further flight     Aircraft, Direction
 accomplish the following:     after the             Technique, Route de
(i) Obtain a repair scheme     inspection in which   Troyes, F21121,
 from the manufacturer         the cracks are        Darois, France.
 through the FAA at the        found. Continue to    Obtain this repair
 address specified in          inspect as            scheme through the
 paragraph (f) of this AD;.    specified in          FAA at the address
(ii) Incorporate this repair   paragraph (d)(3) of   specified in
 scheme; and.                  this AD.              paragraph (f) of
(iii) The repair scheme will                         this AD.
 indicate whether or not you
 may raise the load factor
 limits..
-----------------------------
(5) If no cracks are found    Prior to further      Not applicable.
 during the initial            flight after the
 inspection required in        initial inspection
 paragraph (d)(3) of this      required in
 AD, you may raise load        paragraph (d)(3) of
 factor limits back to +6 &-   this AD in which no
 4.5 G's.                      cracks were found.
------------------------------------------------------------------------


    Note 1: The service information specified in paragraph (d)(3) of 
this AD is available on CD-ROM from the manufacturer. You may 
contact them at the address and phone number in paragraph (h) of 
this AD.

    (e) Can I comply with this AD in any other way?
    (1) You may use an alternative method of compliance or adjust 
the compliance time if:
    (i) Your alternative method of compliance provides an equivalent 
level of safety; and
    (ii) The Standards Office Manager, Small Airplane Directorate, 
approves your alternative. Submit your request through an FAA 
Principal Maintenance Inspector, who may add comments and then send 
it to the Standards Office Manager.
    (2) Alternative methods of compliance approved in accordance 
with AD 98-12-10 and AD 99-21-23, which are superseded by this AD, 
are not approved as alternative methods of compliance with this AD.

    Note 2: This AD applies to each airplane identified in paragraph 
(a) of this AD, regardless of whether it has been modified, altered, 
or repaired in the area subject to the requirements of this AD. For 
airplanes that have been modified, altered, or repaired so that the 
performance of the requirements of this AD is affected, the owner/
operator must request approval for an alternative method of 
compliance in accordance with paragraph (e) of this AD. The request 
should include an assessment of the effect of the modification, 
alteration, or repair on the unsafe condition addressed by this AD; 
and, if you have not eliminated the unsafe condition, specific 
actions you propose to address it.

    (f) Where can I get information about any already-approved 
alternative methods of compliance? Contact S.M. Nagarajan, Aerospace 
Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, 
Kansas City, Missouri 64106; telephone: (816) 329-4145; facsimile: 
(816) 329-4090.
    (g) What if I need to fly the airplane to another location to 
comply with this AD? The FAA can issue a special flight permit under 
Sec. Sec.  21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate your airplane to a location where 
you can accomplish the requirements of this AD.
    (h) Are any service bulletins incorporated into this AD by 
reference?
    (1) Actions required by this AD must be done in accordance with 
Avions Mudry Service Bulletin CAP10B No. 16 (ATA 57-004), dated 
April 27, 1992; APEX Aircraft CAP10B--Upper spar cap inspection 
Document No. 1000913GB, Revision No. 00, dated February 4, 2002; 
APEX Aircraft CAP10B--Landing gear attachment blocks inspection 
Document No. 1000914GB, Revision No. 00, dated February 4, 2002; and 
APEX Aircraft CAP10B--Main spar undersurface inspection Document No. 
1000915GB, Revision No. 00, dated February 4, 2002.
    (i) The Director of the Federal Register approved this 
incorporation by reference of APEX Aircraft CAP10B--Upper spar cap 
inspection Document No. 1000913GB, Revision No. 00, dated February 
4, 2002; APEX Aircraft CAP10B--Landing gear attachment blocks 
inspection Document No. 1000914GB, Revision No. 00, dated February 
4, 2002; and APEX Aircraft CAP10B--Main spar undersurface inspection 
Document No. 1000915GB, Revision No. 00, dated February 4, 2002, 
under 5 U.S.C. 552(a) and 1 CFR part 51.
    (ii) The Director of the Federal Register previously approved 
the incorporation by reference of Avions Mudry Service Bulletin 
CAP10B No. 16 (ATA 57-004), dated April 27, 1992, as listed in the 
regulations as of July 23, 1993 (58 FR 31342, June 2, 1993).

[[Page 7908]]

    (2) You may get copies from APEX AIRCRAFT, Direction Technique, 
Route de Troyes, F21121 Darois, France; telephone: +33 (380) 356 
510; facsimile: +33 (380) 356 515. You may view copies at the FAA, 
Central Region, Office of the Regional Counsel, 901 Locust, Room 
506, Kansas City, Missouri, or at the Office of the Federal 
Register, 800 North Capitol Street, NW, suite 700, Washington, DC.
    (i) Does this AD action affect any existing AD actions? This 
amendment supersedes AD 98-12-10, Amendment 39-10566 and AD 99-21-
23, Amendment 39-11368.

    Note 3: The subject of this AD is addressed in French AD Number 
2001-616(A) R1, dated May 29, 2002.

    (j) When does this amendment become effective ? This amendment 
becomes effective on April 4, 2003.

    Issued in Kansas City, Missouri, on February 4, 2003.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 03-3450 Filed 2-18-03; 8:45 am]
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