[Federal Register Volume 73, Number 91 (Friday, May 9, 2008)]
[Proposed Rules]
[Pages 26351-26353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-10348]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0536; Directorate Identifier 2008-CE-030-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:

    It has been determined that the currently used values for Arms 
of front and rear fuel tanks, and luggage compartment from the CAP 
10B Airplane Flight Manuals (AFM), must be rectified.
    If left uncorrected, these weight and balance data could lead to 
erroneous determination of the location of the Center of Gravity 
(CG) and possibly cause operation with the CG outside the approved 
limits which may result in control difficulty.

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 June 9, 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

[[Page 26352]]

to an address listed under the ADDRESSES section. Include ``Docket No. 
FAA-2008-0536; Directorate Identifier 2008-CE-030-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 AD 
No. 2008-0071, dated April 15, 2008 (referred to after this as ``the 
MCAI''), to correct an unsafe condition for the specified products. The 
MCAI states:

    It has been determined that the currently used values for Arms 
of front and rear fuel tanks, and luggage compartment from the CAP 
10B Airplane Flight Manuals (AFM), must be rectified.
    If left uncorrected, these weight and balance data could lead to 
erroneous determination of the location of the Center of Gravity 
(CG) and possibly cause operation with the CG outside the approved 
limits which may result in control difficulty.
    To prevent this condition, the present Airworthiness Directive 
(AD) mandates revision of the AFM which introduces the corrected 
values and replaces the previous loading graphs by loading tables.

You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    APEX Aircraft has issued Service Bulletin No. 030502, dated April 
11, 2008. 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

    We estimate that this proposed AD would affect 31 products of U.S. 
registry. We also estimate that it would take about 1 work-hour 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 $2,480, or $80 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-2008-0536; Directorate Identifier 
2008-CE-030-AD.

Comments Due Date

    (a) We must receive comments by June 9, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to CAP 10 B airplanes, all serial numbers up 
to and including 282, certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 08: Leveling 
and Weighing.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    It has been determined that the currently used values for Arms 
of front and rear fuel tanks, and luggage compartment from the CAP 
10B Airplane Flight Manuals (AFM), must be rectified.
    If left uncorrected, these weight and balance data could lead to 
erroneous determination of the location of the Center of Gravity 
(CG) and possibly cause operation with the CG outside the approved 
limits which may result in control difficulty.

[[Page 26353]]

    To prevent this condition, the present Airworthiness Directive 
(AD) mandates revision of the AFM which introduces the corrected 
values and replaces the previous loading graphs by loading tables.

Actions and Compliance

    (f) Unless already done, within the next 50 hours time-in-
service (TIS) after the effective date of this AD, incorporate Apex 
Aircraft AVION CAP 10 B Document Number 1000977 GB, Revision 8, 
dated February 2007 into the limitations section of the airplane 
flight manual as specified in APEX Aircraft Service Bulletin No. 
030502, dated April 11, 2008. 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 do this action. Make an 
entry in the aircraft records showing compliance with this portion 
of the AD following 14 CFR 43.9.

FAA AD Differences

    Note:
    This AD differs from the MCAI and/or service information as 
follows: No differences.

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 (EASA) AD No. 
2008-0071, dated April 15, 2008; and APEX Aircraft Service Bulletin 
No. 030502, dated April 11, 2008, for related information.

    Issued in Kansas City, Missouri, on May 2, 2008.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-10348 Filed 5-8-08; 8:45 am]
BILLING CODE 4910-13-P