[Federal Register Volume 75, Number 250 (Thursday, December 30, 2010)]
[Proposed Rules]
[Pages 82335-82337]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-32966]


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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]
RIN 2120-AA64


Airworthiness Directives; APEX Aircraft Model CAP 10 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)

[[Page 82336]]

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:

    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.

    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 February 14, 
2011.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> 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.
    For service information identified in this proposed 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: apex-aircraft.com. You may review copies of the referenced 
service information at the FAA, Small Airplane Directorate, 901 Locust, 
Kansas City, Missouri 64106. For information on the availability of 
this material at the FAA, call 816-329-4148.

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-2010-1296; 
Directorate Identifier 2010-CE-063-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.: 2010-0233, dated November 26, 2010 (referred to after this as 
``the MCAI''), to correct an unsafe condition for the specified 
products. The 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.

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

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 will affect 28 products of U.S. 
registry. We also estimate that it would take about 3 work-hours per 
product to comply with the basic requirements of this proposed AD. The 
average labor rate is $85 per work-hour. Required parts would cost 
about $100 per product.
    Based on these figures, we estimate the cost of the proposed AD on 
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 proposed AD would not have federalism 
implications under Executive Order 13132. This

[[Page 82337]]

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, Incorporation by 
reference, 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-2010-1296; Directorate Identifier 
2010-CE-063-AD.

Comments Due Date

    (a) We must receive comments by February 14, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to APEX Aircraft Model CAP 10 airplanes, 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 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 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. For 
service information related to 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; email: 
apex-aircraft.com. You may review copies of the referenced service 
information at the FAA, Small Airplane Directorate, 901 Locust, 
Kansas City, Missouri 64106. For information on the availability of 
this material at the FAA, call 816-329-4148.

    Issued in Kansas City, Missouri, on December 22, 2010.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2010-32966 Filed 12-29-10; 8:45 am]
BILLING CODE 4910-13-P