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[Federal Register Volume 79, Number 177 (Friday, September 12, 2014)]
[Rules and Regulations]
[Pages 54577-54579]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-21270]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0647; Directorate Identifier 2014-CE-027-AD; 
Amendment 39-17967; AD 2014-18-03]
RIN 2120-AA64

Airworthiness Directives; APEX Aircraft Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for APEX 
Aircraft Model R 3000/160 airplanes. This AD results from mandatory 
continuing airworthiness information (MCAI) issued by the aviation 
authority of another country to identify and correct an unsafe 
condition on an aviation product. The MCAI describes the unsafe 
condition as small pieces of paint from the engine air intake box 
blocking the engine carburetor. We are issuing this AD to require 
actions to address the unsafe condition on these products.

DATES: This AD is effective October 17, 2014.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of October 17, 
2014.
    We must receive comments on this AD by October 27, 2014.

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.
    For service information identified in this AD, contact CEAPR, 
Bureau de Navigabilit[eacute], 1 route de Troyes, 21121 DAROIS--France, 
telephone: (33) 380 35 25 22; fax: (33) 380 35 25 25; email: 
/www.info">www.info@ceapr.com">www.info@ceapr.com; internet: http://ceapr.com/. You may review copies 
of the referenced service information at the FAA, Small Airplane 
Directorate, 901

[[Page 54578]]

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 by searching for and locating Docket No. FAA-2014-
0647; 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 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; 
email: sarjapur.nagarajan@faa.gov.

SUPPLEMENTARY INFORMATION:

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued MCAI 
EASA AD No. 2014-0155, dated July 2, 2014 (referred to after this as 
``the MCAI''), to correct an unsafe condition for the specified 
products. The MCAI states:

    An accident occurred on a DR 400 aeroplane during take-off 
phase. Technical investigations showed paint adherence defects 
inside the engine air intake box, Part Number 56.15.01.000. It was 
determined that the engine carburettor had been blocked by small 
pieces of paint from the engine air intake box, so that the engine 
could not deliver its maximum power and the performance of the 
aeroplane, notably during take-off, had been significantly degraded.
    This condition, if not detected and corrected, could lead to an 
engine failure, possibly resulting in loss of control of the 
aeroplane.
    To initially address this issue, DGAC France published AD 1999-
053 (later revised) to require inspection of the engine air intake 
box. After that AD was issued, cohesion defects were found inside 
the laminated air ducting from engine filter to engine air intake 
box. Prompted by these findings, DGAC France issued AD 1999-470 to 
require inspection of the engine laminated air ducting.
    Since DGAC France AD 1999-053 R1 and AD 1999-470 were issued, 
several engine failures and malfunctions have occurred due to the 
same root causes. Consequently, CEAPR issued SB N[deg] 161 Revision 
3 to provide more detailed inspection and replacement instructions.
    For the reasons described above, this AD retains the 
requirements of DGAC France AD 1999-053 R1 and AD 1999-470, which 
are superseded, and requires repetitive inspections and, depending 
on findings, replacement of the engine air intake box and engine air 
ducting in accordance with the revised instructions.

You may examine the MCAI on the Internet at http://www.regulations.gov 
by searching for and locating Docket No. FAA-2014-0647.

Relevant Service Information

    CEAPR has issued Mandatory Service Bulletin Number 161R3, dated 
September 6, 2012. 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 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 issuing this AD because we 
evaluated all information provided by the State of Design Authority and 
determined the unsafe condition exists and is likely to exist or 
develop on other products of the same type design.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because there 
are no airplanes currently on the U.S. registry and thus, does not have 
any impact upon the public. Therefore, we find that notice and 
opportunity for prior public comment are unnecessary.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2014-0647; Directorate 
Identifier 2014-CE-027-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this 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 AD.

Costs of Compliance

    We estimate that this AD will affect 0 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 AD. The average labor rate 
is $85 per work-hour.
    Based on these figures, we estimate the cost of the AD on U.S. 
operators to be $0, or $0 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 1 work-hour and require parts costing $2,970, for a cost of 
$3,055 per product. We have no way of determining the number of 
products that may need these actions.

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 that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,

[[Page 54579]]

    (2) Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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.

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:

2014-18-03 APEX Aircraft: Amendment 39-17967; Docket No. FAA-2014-
0647; Directorate Identifier 2014-CE-027-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective October 17, 
2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to APEX Aircraft Models R 3000/160 airplanes, 
all serial numbers, certificated in any category.

(d) Subject

    Air Transport Association of America (ATA) Code 73: Engine Fuel 
& Control.

(e) Reason

    This AD was prompted by mandatory continuing airworthiness 
information (MCAI) issued by the aviation authority of another 
country to identify and correct an unsafe condition on an aviation 
product. The MCAI describes the unsafe condition as paint adherence 
defects inside the engine air intake box leading to small pieces of 
paint from the engine air intake box blocking the engine carburetor. 
We are issuing this AD to detect and correct paint adherence defects 
inside the engine air intake box leading to small pieces of paint 
from the engine air intake box blocking the engine carburetor. This 
condition, if not detected and corrected, could lead to an engine 
failure, possibly resulting in loss of control.

(f) Actions and Compliance

    Unless already done, do the following actions, as specified in 
paragraphs (f)(1) through (f)(4) of this AD:
    (1) Within 110 hours time-in-service (TIS) after October 17, 
2014 (the effective date of this AD) and repetitively thereafter at 
intervals not to exceed 110 hours TIS, accomplish a visual and 
tactile inspection of the engine air intake box (including the 
deflection flap) and the engine air ducting (including the area 
located downstream of the filter) following the Accomplishment 
Instructions section of CEAPR Mandatory Service Bulletin Number 
161R3, dated September 6, 2012.
    (2) If any paint damage such as bubbling, blistering, peeled off 
areas or paint detachment is found during any inspection required by 
paragraph (f)(1) of this AD, before further flight, replace each 
damaged part with an airworthy part following the Accomplishment 
Instructions section of CEAPR Mandatory Service Bulletin Number 
161R3, dated September 6, 2012.
    (3) Replacement of damaged parts on an airplane, as required by 
paragraph (f)(2) of this AD, does not constitute terminating action 
for the repetitive inspections required by paragraph (f)(1) of this 
AD for that airplane.
    (4) As of October 17, 2014 (the effective date of this AD), do 
not install on any airplane a painted engine air intake box or 
repaired engine air ducting.

(g) Other FAA AD Provisions

    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; 
email: sarjapur.nagarajan@faa.gov. 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.

(h) Related Information

    Refer to MCAI European Aviation Safety Agency (EASA) AD No. 
2014-0155, dated July 2, 2014, for related information. You may 
examine the MCAI on the Internet at http://www.regulations.gov by 
searching for and locating Docket No. FAA-2014-0647.

(i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) CEAPR Mandatory Service Bulletin Number 161R3, dated 
September 6, 2012.
    Note 1 to paragraph (i)(2)(i) of this AD: The service bulletin 
contains French to English translation. EASA used the English 
translation in referencing the document from CEAPR. For 
enforceability purposes, we will cite references to the CEAPR 
service information as it appears on the document.
    (ii) Reserved.
    (3) For CEAPR service information identified in this AD, contact 
CEAPR, Bureau de Navigabilit[eacute], 1 route de Troyes, 21121 
DAROIS-France, telephone: (33) 380 35 25 22; fax: (33) 380 35 25 25; 
email: /www.info">www.info@ceapr.com">www.info@ceapr.com; internet: http://ceapr.com/.
    (4) You may view this 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.
    (5) You may view this service information that is incorporated 
by reference 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 August 29, 2014.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2014-21270 Filed 9-11-14; 8:45 am]
BILLING CODE 4910-13-P
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