This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

13712 

Vol. 72, No. 56 

Friday, March 23, 2007 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–27531; Directorate 

Identifier 2007–CE–020–AD] 

RIN 2120–AA64 

Airworthiness Directives; APEX 

Aircraft (Type Certificate No. A36EU 

Formerly Held by AVIONS MUDRY et 

CIE) Model CAP 10B Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

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: 

* * * the discovery of cracks on aileron 

spades of an in-service CAP 10B aircraft. 

The consequence on the aircraft of these 

cracks might be the loss of the airplane 

rolling control. 

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 April 23, 2007. 

ADDRESSES: You may send comments by 

any of the following methods: 

• DOT Docket Web Site: Go to http:// 

dms.dot.gov and follow the instructions 

for sending your comments 

electronically. 

• Fax: (202) 493–2251. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590– 

0001. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street, SW., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http://dms.dot.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– 

5227) 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: 

Streamlined Issuance of AD 

The FAA is implementing a new 

process for streamlining the issuance of 

ADs related to MCAI. This streamlined 

process will allow us to adopt MCAI 

safety requirements in a more efficient 

manner and will reduce safety risks to 

the public. This process continues to 

follow all FAA AD issuance processes to 

meet legal, economic, Administrative 

Procedure Act, and Federal Register 

requirements. We also continue to meet 

our technical decision-making 

responsibilities to identify and correct 

unsafe conditions on U.S.-certificated 

products. 

This proposed AD references the 

MCAI and related service information 

that we considered in forming the 

engineering basis to correct the unsafe 

condition. The proposed AD contains 

text copied from the MCAI and for this 

reason might not follow our plain 

language principles. 

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–2007–27531; Directorate Identifier 

2007–CE–020–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:// 

dms.dot.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 Direction ge ́ne ́rale de l’aviation 

civile (DGAC), which is the aviation 

authority for France, has issued AD No. 

F–2005–049, dated March 30, 2005 

(referred to after this as ‘‘the MCAI’’), to 

correct an unsafe condition for the 

specified products. The MCAI states: 

* * * the discovery of cracks on aileron 

spades of an in-service CAP 10B aircraft. 

The consequence on the aircraft of these 

cracks might be the loss of the airplane 

rolling control. 

The MCAI requires: 

APEX AIRCRAFT has designed new 

models of inboard and mid-aileron spades 

supports which shall be installed in place of 

the previous supports models if cracks are 

found. 

You may obtain further information 

by examining the MCAI in the AD 

docket. 

Relevant Service Information 

APEX Aircraft has issued Mandatory 

Service Bulletin No. 040401, dated 

October 29, 2004. 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. 


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Federal Register / Vol. 72, No. 56 / Friday, March 23, 2007 / Proposed Rules 13713 

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 

Based on the service information, we 

estimate that this proposed AD would 

affect about 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. 

In addition, we estimate that any 

necessary follow-on actions would take 

about 6 work-hours and require parts 

costing $2,500, for a cost of $2,980 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 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. 

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new AD: 

APEX Aircraft (Type Certificate No. A36EU 

formerly held by AVIONS MUDRY et 

CIE): Docket No. FAA–2007–27531; 

Directorate Identifier 2007–CE–020–AD. 

Comments Due Date 

(a) We must receive comments by April 23, 

2007. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Model CAP 10 B 

airplanes; serial numbers 001 through 299, 

fitted with major change 000302 (fiber carbon 

spar), and serial numbers 300 and up; that 

are certificated in any category. 

Subject 

(d) Air Transport Association of America 

(ATA) Code 57: Wings. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

* * * the discovery of cracks on aileron 

spades of an in-service CAP 10B aircraft. 

The consequence on the aircraft of these 

cracks might be the loss of the airplane 

rolling control. 

Actions and Compliance 

(f) Unless already done, do the following 

actions: 

(1) Within the next 50 hours time-inservice (TIS) after the effective date of this 

AD and repetitively thereafter at intervals not 

to exceed 50 hours TIS, inspect the spades 

supports for cracks following the 

ACCOMPLISHMENT INSTRUCTIONS of 

APEX Aircraft Mandatory Service Bulletin 

No. 040401, dated October 29, 2004. 

Replacement of the spades supports with 

ones with a letter ‘‘A’’ marking per APEX 

Aircraft Mandatory Service Bulletin No. 

040401, dated October 29, 2004, terminates 

the inspection requirements of this AD. 

(2) Before further flight, if cracks are found 

during any inspection required by paragraph 

(f)(1) of this AD, replace the spades supports 

following the ACCOMPLISHMENT 

INSTRUCTIONS of APEX Aircraft Mandatory 

Service Bulletin No. 040401, dated October 

29, 2004. 

FAA AD Differences 

Note: This AD differs from the MCAI and/ 

or service information as follows: The MCAI 

and service bulletin require the initial 

inspection action within 10 hours TIS. We 

consider 10 hours TIS an urgent safety of 

flight compliance time, and we do not 

consider this unsafe condition to be an 

urgent safety of flight condition. Because we 

do not consider this unsafe condition to be 

an urgent safety of flight condition, we are 

issuing this proposed action through the 

normal notice of proposed rulemaking 

(NPRM) AD process. The initial inspection 

time of 50 hours TIS is an adequate 

compliance for this proposed AD action and 

meets the FAA requirements for an NPRM 

followed by a final rule. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, Standards Staff, 

FAA, 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, has the authority to approve 

AMOCs for this AD, if requested using the 

procedures found in 14 CFR 39.19. 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 


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13714 Federal Register / Vol. 72, No. 56 / Friday, March 23, 2007 / Proposed Rules 

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 Direction ge ́ne ́rale de 

l’aviation civile AD No. F–2005–049, dated 

March 30, 2005; and APEX Aircraft 

Mandatory Service Bulletin No. 040401, 

dated October 29, 2004. 

Issued in Kansas City, Missouri, on March 

15, 2007. 

David R. Showers, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E7–5226 Filed 3–22–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Bureau of Customs and Border 

Protection 

DEPARTMENT OF THE TREASURY 

19 CFR Parts 111, 113, 141, 142 and 

143 

[USCBP–2006–0001] 

RIN 1505–AB20 

Remote Location Filing 

AGENCIES: Customs and Border 

Protection, Department of Homeland 

Security; Department of the Treasury. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This document proposes to 

amend title 19 of the Code of Federal 

Regulations to set forth provisions 

implementing Remote Location Filing 

(RLF). The proposed changes implement 

the terms of section 414 of the Tariff Act 

of 1930, as added by section 631 within 

the Customs Modernization provisions 

of the North American Free Trade 

Agreement Implementation Act, and 

would allow a RLF filer to electronically 

file with CBP those entries and related 

information that CBP can process in a 

completely electronic data interchange 

system from a location other than where 

the goods will arrive. 

DATES: Comments must be received on 

or before May 22, 2007. 

ADDRESSES: You may submit comments, 

identified by docket number, by one of 

the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments 

via docket number USCBP 2006–0001. 

• Mail: Trade and Commercial 

Regulations Branch, Bureau of Customs 

and Border Protection, 1300 

Pennsylvania Avenue, NW. (Mint 

Annex), Washington, DC 20229. 

Instructions: All submissions received 

must include the agency name and 

docket number for this rulemaking. All 

comments received will be posted 

without change to http:// 

www.regulations.gov, including any 

personal information provided. For 

detailed instructions on submitting 

comments and additional information 

on the rulemaking process, see the 

‘‘Public Participation’’ heading of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov. Submitted 

comments may also be inspected during 

regular business days between the hours 

of 9 a.m. and 4:30 p.m. at the Trade and 

Commercial Regulations Branch, Bureau 

of Customs and Border Protection, 799 

9th Street, NW., 5th Floor, Washington, 

DC. Arrangements to inspect submitted 

comments should be made in advance 

by calling Joseph Clark at (202) 572–

8768. 

FOR FURTHER INFORMATION CONTACT: For 

systems or automation issues: Tony 

Casucci at (202) 772–2041 or Jennifer 

Engelbach at (562) 366–5593. For 

operational or policy issues: Marla 

Bianchetta at (202) 344–2693 or via email at remote.filing@dhs.gov. 

SUPPLEMENTARY INFORMATION: 

Public Participation 

Interested persons are invited to 

participate in this rulemaking by 

submitting written data, views, or 

arguments on all aspects of the 

proposed rule. The Bureau of Customs 

and Border Protection (CBP) also invites 

comments that relate to the economic, 

environmental, or federalism effects that 

might result from this proposed rule. If 

appropriate to a specific comment, the 

commenter should reference the specific 

portion of the proposed rule, explain the 

reason for any recommended change, 

and include data, information, or 

authority that support such 

recommended change. 

Background 

This document proposes changes to 

the CBP regulations to provide for 

Remote Location Filing. Remote 

Location Filing (RLF) is currently 

allowed through National Customs 

Automation Program (NCAP) testing. 

The National Customs Automation 

Program (NCAP) 

Title VI of the North American Free 

Trade Agreement Implementation Act 

(the Act), Public Law 103–182, 107 Stat. 

2057 (December 8, 1993), contains 

provisions pertaining to Customs 

Modernization (107 Stat. 2170). Subpart 

B of title VI of the Act concerns the 

National Customs Automation Program 

(NCAP), an electronic system for the 

processing of commercial importations. 

Within subpart B, section 631 of the Act 

added sections 411 through 414 to the 

Tariff Act of 1930 (19 U.S.C. 1411–

1414). These sections: define the NCAP, 

provide for the establishment of and 

participation in the NCAP and include 

a list of existing and planned 

components (section 411); list the NCAP 

goals (section 412); provide for the 

implementation and evaluation of the 

NCAP (section 413); and, provide for 

Remote Location Filing (RLF) (section 

414). One of the planned NCAP 

components listed in section 411 is the 

electronic filing (including RLF under 

section 414) of entry information with 

Customs (now ‘‘CBP’’). See 19 U.S.C. 

1411(a)(2)(B). 

Description of Remote Location Filing 

Prototype Program 

RLF is intended to permit electronic 

filing of an entry of merchandise with 

CBP from a location other than where 

the goods will arrive or the district 

designated in the entry for examination 

(a ‘‘remote location’’). See section 

414(a)(1). 

As a key part of the NCAP entry filing 

component, RLF is intended to conform 

CBP practices to trade business 

processes. By using electronic filing, 

RLF is intended to reduce paperwork 

that is costly to create, review and store. 

RLF is also intended to enable a 

customs broker with a national permit 

to serve several port locations without 

the cost of maintaining multiple offices. 

Section 413(b) of the Act provides for 

the implementation, testing and 

evaluation of the NCAP and requires 

that the Secretary of the Treasury 

consult with the trade community, 

including importers, customs brokers, 

shippers, and other affected parties, in 

the development, implementation and 

evaluation of the NCAP program and its 

components. In accordance with this 

section, CBP has held public meetings 

on RLF since June, 1994, and has tested 

the RLF concept via prototypes since 

1995. CBP continues to provide RLF 

information and updates on the 

Automated Broker Interface (ABI) 

Administrative Message System and on 

the CBP Internet Web site located at 

http://www.cbp.gov (type in the search 

term ‘‘Remote Location Filing’’). 

RLF prototypes have been tested in 

accordance with § 101.9(b) of title 19 of 

the Code of Federal Regulations (19 CFR 


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