[Federal Register Volume 72, Number 95 (Thursday, May 17, 2007)]
[Rules and Regulations]
[Pages 27721-27722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-9393]



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  Federal Register / Vol. 72, No. 95 / Thursday, May 17, 2007 / Rules 
and Regulations  

[[Page 27721]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-27531 Directorate Identifier 2007-CE-020-AD; 
Amendment 39-15054; AD 2007-10-13]
RIN 2120-AA64


Airworthiness Directives; APEX Aircraft (Type Certificate No. 
A36EU Formerly Held by AVIONS MUDRY et CIE) Model CAP 10 B Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

-----------------------------------------------------------------------

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:

    * * * the discovery of cracks on aileron spades of an in-service 
CAP 10B aircraft.
    The consequence on the aircraft of these cracks might be the 
loss of the airplane rolling control.

We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective June 21, 2007.
    On June 21, 2007, 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://dms.dot.gov or in person at the Docket Management Facility, U.S. 
Department of Transportation, 400 Seventh Street, SW., Nassif Building, 
Room PL-401, Washington, DC.

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:

Streamlined Issuance of AD

    The FAA is implementing a new process for streamlining the issuance 
of ADs related to MCAI. The streamlined process will allow us to adopt 
MCAI safety requirements in a more efficient manner and will reduce 
safety risks to the public. This process continues to follow all FAA AD 
issuance processes to meet legal, economic, Administrative Procedure 
Act, and Federal Register requirements. We also continue to meet our 
technical decision-making responsibilities to identify and correct 
unsafe conditions on U.S.-certificated products.
    This AD references the MCAI and related service information that we 
considered in forming the engineering basis to correct the unsafe 
condition. The AD contains text copied from the MCAI and for this 
reason might not follow our plain language principles.

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 March 23, 2007 (72 
FR 13712). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states that:

    * * * the discovery of cracks on aileron spades of an in-service 
CAP 10B aircraft.
    The consequence on the aircraft of these cracks might be the 
loss of the airplane rolling control.
    APEX AIRCRAFT has designed a new models of inboard and mid-
aileron spades supports which shall be installed in place of the 
previous supports models if cracks are found.

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 1 work-hour per product to 
comply with basic requirements of this AD. The average labor rate is 
$80 per work-hour. Based on these figures, we estimate the cost of this 
AD to the U.S. operators to be $2,480 or $80 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 6 work-hours and require parts costing $2,500, for a cost of 
$2,980 per product. We have no way of determining the number of 
products that may need these actions.

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

[[Page 27722]]

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://dms.dot.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) 647-5227) 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:

2007-10-13 APEX Aircraft (Type Certificate No. A36EU formerly held 
by AVIONS MUDRY et CIE): Amendment 39-15054; Docket No. FAA-2007-
27531; Directorate Identifier 2007-CE-020-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective June 21, 
2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model CAP 10 B airplanes; serial numbers 
001 through 299, fitted with major change 000302 (fiber carbon 
spar), and serial numbers 300 and up; that are certificated in any 
category.

Subject

    (d) Air Transport Association of America (ATA) Code 57: Wings.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    * * * the discovery of cracks on aileron spades of an in-service 
CAP 10B aircraft.
    The consequence on the aircraft of these cracks might be the 
loss of the airplane rolling control.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) Within the next 50 hours time-in-service (TIS) after the 
effective date of this AD and repetitively thereafter at intervals 
not to exceed 50 hours TIS, inspect the spades supports for cracks 
following the ACCOMPLISHMENT INSTRUCTIONS of APEX Aircraft Mandatory 
Service Bulletin No. 040401, dated October 29, 2004. Replacement of 
the spades supports with ones with a letter ``A'' marking per APEX 
Aircraft Mandatory Service Bulletin No. 040401, dated October 29, 
2004, terminates the inspection requirements of this AD.
    (2) Before further flight, if cracks are found during any 
inspection required by paragraph (f)(1) of this AD, replace the 
spades supports following the ACCOMPLISHMENT INSTRUCTIONS of APEX 
Aircraft Mandatory Service Bulletin No. 040401, dated October 29, 
2004.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: The MCAI and service bulletin require the initial 
inspection action within 10 hours TIS. We consider 10 hours TIS an 
urgent safety of flight compliance time, and we do not consider this 
unsafe condition to be an urgent safety of flight condition. Because 
we do not consider this unsafe condition to be an urgent safety of 
flight condition, we issued this action through the normal notice of 
proposed rulemaking (NPRM) AD process. The initial inspection time 
of 50 hours TIS is an adequate compliance for this AD action and met 
the FAA requirements for an NPRM followed by a final rule.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Standards Staff, 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 Direction g[eacute]n[eacute]rale de l'aviation 
civile AD No. F-2005-049, dated March 30, 2005; and APEX Aircraft 
Mandatory Service Bulletin No. 040401, dated October 29, 2004.

Material Incorporated by Reference

    (i) You must use APEX Aircraft Mandatory Service Bulletin No. 
040401, dated October 29, 2004, 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: aircraft.com">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 May 9, 2007.
Charles L. Smalley,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E7-9393 Filed 5-16-07; 8:45 am]
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