[Federal Register Volume 73, Number 77 (Monday, April 21, 2008)]
[Rules and Regulations]
[Pages 21244-21246]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-8360]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0196; Directorate Identifier 2008-CE-002-AD; 
Amendment 39-15482; AD 2008-09-02]
RIN 2120-AA64


Airworthiness Directives; APEX Aircraft Model CAP 10B Airplanes

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

ACTION: Final rule.

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SUMMARY: We are superseding an existing 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:

    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.

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

DATES: This AD becomes effective May 27, 2008.
    On May 27, 2008, the Director of the Federal Register approved the 
incorporation by reference of 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, listed in this AD.
    As of July 23, 1993 (58 FR 31342, June 2, 1993), the Director of 
the Federal Register approved the incorporation by reference of Avions 
Mudry & CIE Service Bulletin CAP 10B No. 16, dated April 27, 1992, 
listed in this AD.

ADDRESSES: You may examine the AD docket on the Internet at http://

[[Page 21245]]

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, 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 February 25, 2008 
(73 FR 9968) and proposed to supersede AD 2003-04-02, Amendment 39-
13050 (68 FR 7904, February 19, 2003). That NPRM proposed 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.

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

    Based on the service information, we estimate that this AD will 
affect 31 products of U.S. registry. We also estimate that it will take 
about 20 work-hours 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 $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 new actions that would be added in this 
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 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 removing Amendment 39-13050 (68 FR 
7904, February 19, 2003) and adding the following new AD:

2008-09-02 APEX Aircraft: Amendment 39-15482; Docket No. FAA-2008-
0196; Directorate Identifier 2008-CE-002-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective May 27, 
2008.

Affected ADs

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

Applicability

    (c) This AD applies to Model CAP 10B airplanes, serial numbers 
(SNs) 01, 02, 03, 04, and 1 through 282, certificated in any 
category, that 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.

[[Page 21246]]

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.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) For Model CAP 10B 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.
    (4) For all affected airplanes, unless already done, do the 
following actions:
    (i) Load factors limitation: Before further flight, as of May 
27, 2008 (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.
    (ii) Flick (snap roll) maneuvers speed limitation: Before 
further flight, as of May 27, 2008 (the effective date of this AD), 
for positive and negative flick maneuvers, the airspeed limitation 
is 160 km/hour (86 knots).
    (5) For all affected airplanes, before further flight after May 
27, 2008 (the effective date of this AD), fabricate a placard:
    (i) Incorporate the following words (using at least \1/8\-inch 
letters) in the placard 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.''
    (ii) The owner/operator holding at least a private pilot 
certificate as authorized by section 43.7 of the Federal Aviation 
Regulations (14 CFR 43.7) may fabricate the placard required in 
paragraph (g)(3)(i) of this AD. Make an entry into the aircraft 
records showing compliance with this portion of the AD in accordance 
with section 43.9 of the Federal Aviation Regulations (14 CFR 43.9).

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 
Direction G[eacute]n[eacute]rale de L'Aviation Civile (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 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 CAP 10B 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.

Material Incorporated by Reference

    (j) You must use Avions Mudry & CIE Service Bulletin CAP 10B 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, 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 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, under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) On July 23, 1993 (58 FR 31342, June 2, 1993), the Director 
of the Federal Register previously approved the incorporation by 
reference of Avions Mudry & CIE Service Bulletin CAP 10B No. 16, 
dated April 27, 1992.
    (3) 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.
    (4) 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 April 11, 2008.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-8360 Filed 4-18-08; 8:45 am]
BILLING CODE 4910-13-P