[Federal Register Volume 73, Number 16 (Thursday, January 24, 2008)]
[Proposed Rules]
[Pages 4121-4123]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-1161]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 73, No. 16 / Thursday, January 24, 2008 / 
Proposed Rules  

[[Page 4121]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0056; Directorate Identifier 2007-CE-096-AD]
RIN 2120-AA64


Airworthiness Directives; APEX Aircraft Model CAP 10 B 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) 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:

    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 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 25, 
2008.

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.

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-2008-0056; 
Directorate Identifier 2007-CE-096-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 EASA 
AD No.: 2007-0285, dated November 13, 2007 (referred to after this as 
``the MCAI''), 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.
    You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    APEX Aircraft has issued Service Bulletin No. 040102 R1, Revision 
1, dated September 18, 2007. The actions described in this service 
information are intended to correct the unsafe condition identified in 
the MCAI.

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

[[Page 4122]]

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

    Based on the service information, we estimate that this proposed AD 
would affect about 31 products of U.S. registry. We also estimate that 
it would take about 19 work-hours per product to comply with the basic 
requirements of this proposed 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 the proposed AD on 
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 proposed AD would not have federalism 
implications under Executive Order 13132. This 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, 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-2008-0056; Directorate Identifier 
2007-CE-096-AD.

Comments Due Date

    (a) We must receive comments by February 25, 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 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.

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 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 within 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)

[[Page 4123]]

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.

    Issued in Kansas City, Missouri, on January 16, 2008.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-1161 Filed 1-23-08; 8:45 am]
BILLING CODE 4910-13-P