[Federal Register Volume 73, Number 37 (Monday, February 25, 2008)]
[Proposed Rules]
[Pages 9968-9970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-3411]



[[Page 9968]]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0196; Directorate Identifier 2008-CE-002-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).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above that would supersede an existing AD. 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:

    Further to a new fracture in flight of a CAP 10B wing in June 
2003, the investigation in process seems to point out that a wrong 
application of CAP 10B Service Bulletin No. 16 (CAP 10B-57-004) 
would lead to the impossibility of detecting the potential spar 
damage while performing the Type Certificate holder upper spar 
flange inspection.

    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 March 26, 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-2008-0196; 
Directorate Identifier 2008-CE-002-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://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

    On February 4, 2003, we issued AD 2003-04-02, Amendment 39-13050 
(68 FR 7904; February 19, 2003). That AD required actions intended to 
address an unsafe condition on the products listed above.
    Since we issued AD 2003-04-02, another wing of a Model CAP 10 B 
airplane cracked in flight.
    The Direction G[eacute]n[eacute]rale de L'Aviation Civile (DGAC), 
which is the aviation authority for France, has issued AD 2003-375(A), 
dated October 1, 2003 (referred to after this as ``the MCAI''), to 
correct an unsafe condition for the specified products. The MCAI 
states:

    Further to a new fracture in flight of a CAP 10B wing in June 
2003, the investigation in process seems to point out that a wrong 
application of CAP 10B Service Bulletin No. 16 (CAP 10B-57-004) 
would lead to the impossibility of detecting the potential spar 
damage while performing the Type Certificate holder upper spar 
flange inspection.

    The MCAI requires you to check that the No. 1 wing rib has been 
modified, comply with load factors and operating limitations, and do 
repetitive inspections of the upper and lower spar flanges and landing 
gear attachment blocks.
    We are proposing to add new actions, retain actions from AD 2003-
04-02, and change the applicability (reduce the number) of the 
airplanes.
    You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    APEX Aircraft has issued Avions Mudry & CIE Service Bulletin CAP10B 
No. 16, dated April 27, 1992; APEX Aircraft Document No. 1000913GB, 
dated February 4, 2002; APEX Aircraft Document No. 1000914GB, dated 
February 4, 2002; and APEX Aircraft Document No. 1000915GB, dated 
February 4, 2002. 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 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 including those 
airplanes affected by

[[Page 9969]]

AD 2003-04-02. We also estimate that it would take about 20 work-hours 
per product to comply with the basic requirements of this proposed AD. 
The average labor rate is $80 per work-hour.
    Based on these figures, we estimate the cost of the proposed AD on 
U.S. operators to be $49,600, or $1,600 per product.
    The estimated total cost on U.S. Operators includes the cumulative 
costs associated with those airplanes affected by AD 2003-04-02 and 
those costs associated with the lesser number of airplanes and the new 
actions that would be added in this proposed AD.

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 removing Amendment 39-13050 (68 FR 
7804; February 19, 2003), and adding the following new AD:

APEX Aircraft: Docket No. FAA-2008-0196; Directorate Identifier 
2008-CE-002-AD.

Comments Due Date

    (a) We must receive comments by March 26, 2008.

Affected ADs

    (b) This AD supersedes AD 2003-04-02, Amendment 39-13050.

Applicability

    (c) This AD applies to Model CAP 10 B airplanes, serial numbers 
(SNs) 01, 02, 03, 04, and 1 through 282, certificated in any 
category, which have not been fitted with a replacement wood/carbon 
wing following application of major change 000302.

Subject

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

Reason

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

``Further to a new fracture in flight of a CAP 10B wing in June 
2003, the investigation in process seems to point out that a wrong 
application of CAP 10B Service Bulletin No. 16 (CAP 10B-57-004) 
would lead to the impossibility of detecting the potential spar 
damage while performing the Type Certificate holder upper spar 
flange inspection.''

    The MCAI requires you to check that the No. 1 wing rib has been 
modified, comply with load factors and operating limitations, and do 
repetitive inspections of the upper and lower spar flanges and 
landing gear attachment blocks.

Restatement of Requirements of AD 2003-04-02

    (f) Unless already done, do the following actions:
    (1) For Model CAP 10 B airplanes with SNs 01, 02, 03, 04, and 1 
through 263, within the next 100 hours time-in-service (TIS) after 
July 23, 1993 (the compliance date retained from AD 2003-04-02), 
unless already done, install a permanent inspection opening in the 
No. 1 wing rib following Avions Mudry Service Bulletin CAP10B No. 
16, dated April 27, 1992. Inspection openings are incorporated 
during production for airplanes having a serial number of 264 or 
higher.
    (2) For all affected airplanes, initially inspect the upper wing 
spar cap, the main wing spar undersurface, and the landing gear 
attachment blocks for cracks within the next 55 hours TIS after 
April 4, 2003 (the compliance date retained from AD 2003-04-02) 
following APEX Aircraft Document No. 1000913GB, dated February 4, 
2002; APEX Aircraft Document No. 1000914GB, dated February 4, 2002; 
and APEX Aircraft Document No. 1000915GB, dated February 4, 2002. 
Repetitively inspect the upper wing spar cap and the main wing spar 
undersurface thereafter at intervals not to exceed 55 hours TIS. 
Repetitively inspect the landing gear attachment blocks thereafter 
at intervals not to exceed 1,000 hours TIS.
    (3) For all affected airplanes, before further flight if any 
cracks are found during any inspection required in paragraph (f)(2) 
of this AD, do the following:
    (i) Obtain a repair scheme from the manufacturer through the FAA 
at the address specified in paragraph (h)(1) of this AD;
    (ii) Incorporate this repair scheme; and
    (iii) Continue to inspect as specified in paragraph (f)(2) of 
this AD.

New Requirements of This AD: Actions and Compliance

    (g) Unless already done, do the following actions:
    (1) Load factors limitation: Before further flight, as of the 
effective date of this AD, the load factors limitation for solo 
flight is +5 and -3.5 Gs and when 2 persons are on board is +4.3 and 
-3.5 Gs.
    (2) Flick (snap roll) maneuvers speed limitation: Before further 
flight, as of the effective date of this AD, for positive and 
negative flick maneuvers, the airspeed limitation is 160 km/hour (86 
knots).
    (3) Fabricate a placard that incorporates the following words 
(using at least 1/8-inch letters) and install this placard on the 
instrument panel within the pilot's clear view: ``THE NEVER EXCEED 
AIRSPEED FOR POSITIVE OR NEGATIVE FLICK MANEUVERS IS 160 KM/H (86 
KNOTS). THE LOAD FACTORS LIMITATION FOR SOLO FLIGHT IS +5 AND -3.5 
Gs AND WHEN 2 PERSONS ARE ON BOARD IS +4.3 AND -3.5 Gs.''

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: This AD does not include the requirement from the MCAI 
to route the request to operate beyond the load factors limitation 
and flick (snap roll) maneuvers speed limitation through the DGAC. 
You may make this request to the FAA following paragraph (h)(1) of 
this AD.

Other FAA AD Provisions

    (h) 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

[[Page 9970]]

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

    (i) Refer to MCAI French AD 2003-375(A), dated October 1, 2003; 
Avions Mudry & CIE Service Bulletin CAP10B No. 16, dated April 27, 
1992, APEX Aircraft Document No. 1000913GB, dated February 4, 2002; 
APEX Aircraft Document No. 1000914GB, dated February 4, 2002; and 
APEX Aircraft Document No. 1000915GB, dated February 4, 2002, for 
related information.

    Issued in Kansas City, Missouri, on February 14, 2008.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-3411 Filed 2-22-08; 8:45 am]
BILLING CODE 4910-13-P