[Federal Register Volume 73, Number 59 (Wednesday, March 26, 2008)]
[Rules and Regulations]
[Pages 15868-15870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-5955]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0056 Directorate Identifier 2007-CE-096-AD; 
Amendment 39-15446; AD 2008-07-05]
RIN 2120-AA64


Airworthiness Directives; APEX Aircraft Model CA 10B 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 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.

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

DATES: This AD becomes effective April 30, 2008.
    On April 30, 2008, 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://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,

[[Page 15869]]

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 January 24, 2008 (73 
FR 4121). That NPRM proposed 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.

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 19 work-hours per product to 
comply with basic requirements of this 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 this AD to the 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 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

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:

2008-07-05 APEX Aircraft: Amendment 39-15446; Docket No. FAA-2008-
0056; Directorate Identifier 2007-CE-096-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective April 
30, 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

[[Page 15870]]

support straps had logged around 7,000 hours time-in-service (TIS).
    DGAC France Airworthiness Directive (AD) F-2004-071 was issued 
to introduce a 4,000 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 4,000 hours TIS.
    The present AD supersedes DGAC France AD F-2004-071, reduces to 
2,000 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 April 30, 2008 (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 in 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) 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.

Material Incorporated by Reference

    (i) You must use APEX Aircraft Service Bulletin No. 040102 R1, 
Revision 1, dated September 18, 2007, 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 March 17, 2008.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-5955 Filed 3-25-08; 8:45 am]
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