This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

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new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

21077 

Vol. 72, No. 82 

Monday, April 30, 2007 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–27529; Directorate 

Identifier 2007–CE–018–AD; Amendment 

39–15038; AD 2007–09–06] 

RIN 2120–AA64 

Airworthiness Directives; APEX 

Aircraft (Type Certificate No. A36EU 

Formerly Held by AVIONS MUDRY et 

CIE) Model CAP 10 B Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

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 the aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as 

Several recent inspections have revealed 

that some spar wooden centre blocks have 

shown cracks. Investigation revealed that 

cracks are generated by the wood drying. 

Actions specified in this AD are intended to 

detect and correct any defects on the central 

wing spar block. 

This AD requires actions that are 

intended to address the unsafe 

condition described in the MCAI. 

DATES: This AD becomes effective May 

21, 2007. 

On May 21, 2007 the Director of the 

Federal Register approved the 

incorporation by reference of certain 

publications listed in this AD. 

We must receive any comments on 

this AD by June 4, 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: 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 

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: Mr. 

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. The 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 AD references the MCAI and 

related service information that we 

considered in forming the engineering 

basis to correct the unsafe condition. 

The AD contains text copied from the 

MCAI and for this reason might not 

follow our plain language principles. 

Discussion 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued AD No. 2007– 

0015, dated January 12, 2007 (referred to 

after this as ‘‘the MCAI’’), to correct an 

unsafe condition for the specified 

products. 

The MCAI states: 

Several recent inspections have revealed 

that some spar wooden centre blocks have 

shown cracks. Investigation revealed that 

cracks are generated by the wood drying. 

Actions specified in this AD are intended to 

detect and correct any defects on the central 

wing spar block. 

This AD is requiring the installation of two 

reinforcement plates on the wing spar to 

counter the shear loading, implementation of 

corrective actions to slow down the wood 

drying and is also introducing new repetitive 

inspections. 

You may obtain further information 

by examining the MCAI in the AD 

docket. 

Relevant Service Information 

APEX Aircraft has issued Service 

Bulletin No. 060307 R1, Amendment 

date November 2, 2006; Apex Aircraft 

CAP10C—Main Spar Wooden Center 

Block—Reinforcement Instructions No. 

1001766, dated October 6, 2006; and 

Apex Aircraft Document No. 1001133– 

A, DR400 Spar Consolidation, Applying 

Araldite 2015 Adhesive, dated February 

4, 2003. The actions described in this 

service information are intended to 

correct the unsafe condition identified 

in the MCAI. 

FAA’s Determination and Requirements 

of This 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. 


pwalker on PROD1PC71 with RULES
21078 Federal Register / Vol. 72, No. 82 / Monday, April 30, 2007 / Rules and Regulations 

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 have also required different 

actions in this AD from those in the 

MCAI in order to follow FAA policies. 

Any such differences are described in a 

separate paragraph of the AD. These 

requirements take precedence over 

those copied from the MCAI. 

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 of cracks found on the 

central wing spar block. Therefore, we 

determined that notice and opportunity 

for public comment before issuing this 

AD are impracticable and that good 

cause exists for making this amendment 

effective in fewer than 30 days. 

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–2007–27529; 

Directorate Identifier 2007–CE–018–

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:// 

dms.dot.gov, including any personal 

information you provide. We will also 

post a report summarizing each 

substantive verbal contact we receive 

about this AD. 

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; 

(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. 

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 amends14 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: 

2007–09–06 APEX Aircraft (Type 

Certificate No. A36EU formerly held by 

AVIONS MUDRY et CIE): Amendment 

39–15038; Docket No. FAA–2007–27529; 

Directorate Identifier 2007–CE–018–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective May 21, 2007. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Model CAP 10 B 

airplanes, all serial numbers, that are: 

(1) Certificated in any category; and 

(2) fitted with major change 000302, wood/ 

carbon-made wings, part-number 

11.56.00.010, serial numbers 001 to 084 

inclusive. 

Subject 

(d) Air Transport Association of America 

(ATA) Code 57: Wings. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

Several recent inspections have revealed 

that some spar wooden center blocks have 

shown cracks. Investigation revealed that 

cracks are generated by the wood drying. 

Actions specified in this AD are intended to 

detect and correct any defects on the central 

wing spar block. 

This AD is requiring the installation of two 

reinforcement plates on the wing spar to 

counter the shear loading, implementation of 

corrective actions to slow down the wood 

drying and is also introducing new repetitive 

inspections. 

Actions and Compliance 

(f) Unless already done, do the following 

actions: 

(1) Before further flight after May 21, 2007 

(the effective date of this AD): 

(i) Fabricate a placard that incorporates the 

following words (using at least 1⁄8-inch 

letters) and install this placard on the 

instrument panel within the pilot’s clear 

view: ‘‘FLICK MANEUVERS ARE 

PROHIBITED’’; and 

(ii) Insert a copy of this AD into the 

Limitations section of the Pilot’s Operating 

Handbook (POH). 

(iii) 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 fabricate the 

placard required in paragraph (f)(1)(i) of this 

AD and may insert the information into the 

POH as required in paragraph (f)(1)(ii) of this 

AD. Make an entry into the aircraft records 

showing compliance with these portions of 

the AD in accordance with section 43.9 of the 

Federal Aviation Regulations (14 CFR 43.9). 

(2) Within the next 50 hours time-inservice (TIS) after May 21, 2007 (the effective 

date of this AD), inspect the front and rear 

spar webs for cracks and damage using Apex 

Aircraft Service Bulletin No. 060307 R1, 

Amendment date November 2, 2006. 

(3) If any crack or damage is found during 

the inspection required in paragraph (f)(2) of 

this AD, the wing must be considered as 

unairworthy until the implementation of the 

relevant repair solution. Before further flight, 

contact Apex Aircraft to obtain a repair 


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Federal Register / Vol. 72, No. 82 / Monday, April 30, 2007 / Rules and Regulations 21079 

solution and incorporate the repair. 

Continued operation with cracks in the front 

and rear spar webs is prohibited. 

(4) If no cracks or damages are found in 

either the rear or the front wing spar web 

during the inspection required in paragraph 

(f)(2) of this AD, before further flight install 

reinforcement plates, part number 

97.56.00.002, using Apex Aircraft CAP10C—

Main Spar Wooden Center Block—

Reinforcement Instructions No. 1001766–A, 

dated June 10, 2006; and Apex Aircraft 

Document No. 1001133–A, DR400 Spar 

Consolidation, Applying Araldite 2015 

Adhesive, dated February 4, 2003. 

(5) After doing the actions required in 

paragraphs (f)(2), (f)(3), and (f)(4) of this AD: 

(i) Flick maneuvers previously prohibited 

by paragraph (f)(1) of this AD are now 

permitted. Before further flight, remove the 

placard required in paragraph (f)(1)(i) of this 

AD and remove the insertion into the POH 

required in paragraph (f)(1)(ii) of this AD. 

(ii) Repetitively inspect the front and rear 

spar webs for cracks and damage thereafter 

at intervals not to exceed 13 months using 

Apex Aircraft Service Bulletin No. 060307 

R1, Amendment date November 2, 2006; and 

(iii) If any crack or damage is found during 

any inspection required by paragraph 

(f)(5)(ii) this AD, before further flight contact 

Apex Aircraft to obtain a repair solution and 

incorporate the repair. 

(6) After 50 hours TIS after May 21, 2007 

(the effective date of this AD), do not install 

an Apex Aircraft wood/carbon-made wing, 

part number 11.56.00.010, unless it has been 

inspected and is found to be crack free and 

modified using Apex Aircraft Service 

Bulletin No. 060307 R1, Amendment date 

November 2, 2006; and Apex Aircraft 

CAP10C—Main Spar Wooden Center Block—

Reinforcement Instructions No. 1001766–A, 

dated October 6, 2006. 

FAA AD Differences 

Note: This AD differs from the MCAI and/ 

or service information as follows: The MCAI 

allows continued flight if cracks are found in 

the wing spar webs that do not exceed certain 

limits. The applicable service bulletin 

specifies replacing the wing spar webs only 

if cracks are found exceeding limits specified 

in Apex Aircraft Service Bulletin No. 060307 

R1, Amendment date November 2, 2006, as 

does the MCAI. This AD does not allow 

continued flight if any crack is found. FAA 

policy is to disallow airplane operation when 

known cracks exist in primary structure, 

unless the ability to sustain ultimate load 

with these cracks is proven. The wing spar 

webs are considered primary structure, and 

the FAA has not received any analysis to 

prove that ultimate load can be sustained 

with cracks in these areas. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, Standards Staff, 

FAA, Small Airplane Directorate, ATTN: 

Sarjapur Nagarajan, Aerospace Engineer, 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 FAAapproved 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. 2007–0015, 

dated January 12, 2007; Apex Aircraft Service 

Bulletin No. 060307 R1, Amendment dated 

November 2, 2006; Apex Aircraft CAP10C—

Main Spar Wooden Center Block—

Reinforcement Instructions No. 1001766, 

dated October 6, 2006; and Apex Aircraft 

Document No. 1001133–A, DR400 Spar 

Consolidation, Applying Araldite 2015 

Adhesive, dated February 4, 2003, for related 

information. 

Material Incorporated by Reference 

(i) You must use Apex Aircraft Service 

Bulletin No. 060307 R1, Amendment date 

November 2, 2006; Apex Aircraft CAP10C—

Main Spar Wooden Center Block—

Reinforcement Instructions No. 1001766–A, 

dated October 6, 2006; and Apex Aircraft 

Document No. 1001133–A, DR400 Spar 

Consolidation, Applying Araldite 2015 

Adhesive, dated February 4, 2003, to do the 

actions required by this AD, unless the AD 

specifies otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact Apex Aircraft, Bureau de 

Navigabilit, 1 route de Troyes, 21121 

DAROIS—France, telephone: (33) 380 35 65 

10; fax: (33) 380 35 65 15; e-mail: apexaircraft.com. 

(3) You may review copies at the FAA, 

Central Region, Office of the Regional 

Counsel, 901 Locust, Room 506, Kansas City, 

Missouri 64106; or 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 April 

20, 2007. 

Charles L. Smalley, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E7–7980 Filed 4–27–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2006–23842; Directorate 

Identifier 2005–NM–145–AD; Amendment 

39–15034; AD 2007–09–04] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 777–200, 777–300, and 777–

300ER Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

Boeing Model 777–200, 777–300, and 

777–300ER series airplanes. This AD 

requires repetitive inspections for 

discrepancies of the splined 

components that support the inboard 

end of the inboard trailing edge flap; 

related investigative, corrective, and 

other specified actions if necessary; a 

one-time modification of the inboard 

support of the inboard trailing edge flap 

by installing a new isolation strap and 

attachment hardware; and repetitive 

replacement of the torque tube 

assembly. For certain Boeing Model 

777–200 series airplanes, this AD also 

specifies prior or concurrent 

accomplishment of one-time inspections 

of the flap seal panels for cracking and 

minimum clearances, and of the torque 

tubes for damage; and related 

investigative and corrective actions if 

necessary. This AD also provides a 

terminating action (modification of the 

inboard main flap) for the repetitive 

inspections. This AD results from 

reports of corrosion on the torque tube 

and closeout rib fittings that support the 

inboard end of the inboard trailing edge 

flap, as well as a structural reassessment 

of the torque tube joint that revealed the 

potential for premature fatigue cracking 

of the torque tube that would not be 

detected using reasonable inspection 

methods. We are issuing this AD to 

detect and correct corrosion or cracking 

of the torque tube and closeout rib 

fittings that support the inboard end of 

the inboard trailing edge flap. Cracking 

in these components could lead to a 


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