[Federal Register Volume 76, Number 46 (Wednesday, March 9, 2011)]
[Rules and Regulations]
[Pages 12845-12847]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5101]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-1296; Directorate Identifier 2010-CE-063-AD; 
Amendment 39-16625; AD 2011-06-01]
RIN 2120-AA64


Airworthiness Directives; APEX Aircraft Model CAP 10 B 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 fatal accident occurred to a CAP 10C, in which the pilot lost 
control of the aeroplane.
    The following investigation has revealed that the probable cause 
of the accident was the improper locking of a turnbuckle (locking 
clip missing) of the flight control cables, and the subsequent 
inadvertent release of the pitchup control cable from the 
turnbuckle.

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

DATES: This AD becomes effective April 13, 2011.

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, 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 December 30, 2010 
(75 FR 82335). That NPRM proposed to correct an unsafe condition for 
the specified products. The MCAI states:


[[Page 12846]]


    A fatal accident occurred to a CAP 10C, in which the pilot lost 
control of the aeroplane.
    The following investigation has revealed that the probable cause 
of the accident was the improper locking of a turnbuckle (locking 
clip missing) of the flight control cables, and the subsequent 
inadvertent release of the pitchup control cable from the 
turnbuckle.
    For the above described reasons, this AD requires repetitive 
inspections to verify the correct installation of the turnbuckles of 
the flight control cables and, if foreseen by the applicable design 
configuration of the turnbuckles and found to be missing, to restore 
the locking clip and the safety wire.

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 28 products of U.S. registry. 
We also estimate that it will take about 3 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Required parts will cost about $100 per product.
    Based on these figures, we estimate the cost of this AD to the U.S. 
operators to be $9,940 or $355 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

    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:

2011-06-01 APEX Aircraft: Amendment 39-16625; Docket No. FAA-2010-
1296; Directorate Identifier 2010-CE-063-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective April 
13, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to APEX Aircraft Model CAP10 B and CAP10 B 
airplanes with Major Change 000302 (commercial name CAP10C), all 
serial numbers, certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 27: Flight 
Controls.

Reason

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

    A fatal accident occurred to a CAP 10C, in which the pilot lost 
control of the aeroplane.
    The following investigation has revealed that the probable cause 
of the accident was the improper locking of a turnbuckle (locking 
clip missing) of the flight control cables, and the subsequent 
inadvertent release of the pitchup control cable from the 
turnbuckle.
    For the above described reasons, this AD requires repetitive 
inspections to verify the correct installation of the turnbuckles of 
the flight control cables and, if foreseen by the applicable design 
configuration of the turnbuckles and found to be missing, to restore 
the locking clip and the safety wire.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) Within the next 2 months after April 13, 2011 (the effective 
date of this AD):
    (i) If the turnbuckles are designed to be locked with locking 
clips and safety wire, verify that the locking clips are properly 
installed in the corresponding groove, that the safety wire of a 
minimum diameter of 0.8 millimeter (mm) is correctly installed, and 
that there is no damage to the whole turnbuckle installation.
    (ii) For all other designs of turnbuckles, verify the correct 
installation of the safety locking devices.
    (iii) If any discrepancy is found during the inspection required 
by paragraph (f)(1)(i) or (f)(1)(ii) of this AD, before further 
flight, restore the correct turnbuckle installation in accordance 
with standard maintenance practice.
    (2) Repeat the inspection required by paragraph (f)(1)(i) or 
(f)(1)(ii) of this AD, as

[[Page 12847]]

applicable to the turnbuckles design, and the associated corrective 
actions required by paragraph (f)(1)(iii) of this AD at intervals 
not to exceed 110 hours time-in-service or 13 months since the last 
inspection, whichever occurs first.

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, a Federal agency may not conduct or sponsor, and a person 
is not required to respond to, nor shall a person be subject to a 
penalty for failure to comply with a collection of information 
subject to the requirements of the Paperwork Reduction Act unless 
that collection of information displays a current valid OMB Control 
Number. The OMB Control Number for this information collection is 
2120-0056. Public reporting for this collection of information is 
estimated to be approximately 5 minutes per response, including the 
time for reviewing instructions, completing and reviewing the 
collection of information. All responses to this collection of 
information are mandatory. Comments concerning the accuracy of this 
burden and suggestions for reducing the burden should be directed to 
the FAA at: 800 Independence Ave., SW., Washington, DC 20591, Attn: 
Information Collection Clearance Officer, AES-200.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency (EASA) AD No.: 
2010-0233, dated November 26, 2010, for related information.

    Issued in Kansas City, Missouri, on February 28, 2011.
John Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-5101 Filed 3-8-11; 8:45 am]
BILLING CODE 4910-13-P