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

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Rules and Regulations Federal Register

27721 

Vol. 72, No. 95 

Thursday, May 17, 2007 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–27531 Directorate 

Identifier 2007–CE–020–AD; Amendment 

39–15054; AD 2007–10–13] 

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), Department of 

Transportation (DOT). 

ACTION: Final rule. 

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: 

* * * 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. 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective June 

21, 2007. 

On June 21, 2007, the Director of the 

Federal Register approved the 

incorporation by reference of certain 

publications listed in this AD. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

dms.dot.gov or in person at the Docket 

Management Facility, U.S. Department 

of Transportation, 400 Seventh Street, 

SW., Nassif Building, Room PL–401, 

Washington, DC. 

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. 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 

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 March 23, 2007 (72 FR 

13712). That NPRM proposed to correct 

an unsafe condition for the specified 

products. The MCAI states that: 

* * * 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. 

APEX AIRCRAFT has designed a new 

models of inboard and mid-aileron spades 

supports which shall be installed in place of 

the previous supports models if cracks are 

found. 

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 

31 products of U.S. registry. We also 

estimate that it will take about 1 workhour per product to comply with basic 

requirements of this AD. The average 

labor rate is $80 per work-hour. Based 

on these figures, we estimate the cost of 

this AD to the 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 


cprice-sewell on PROD1PC71 with RULES
27722 Federal Register / Vol. 72, No. 95 / Thursday, May 17, 2007 / Rules and Regulations 

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://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 the 

NPRM, 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. 

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 

■ 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: 

2007–10–13 APEX Aircraft (Type 

Certificate No. A36EU formerly held by 

AVIONS MUDRY et CIE): Amendment 

39–15054; Docket No. FAA–2007–27531; 

Directorate Identifier 2007–CE–020–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective June 21, 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 issued 

this 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 AD action 

and met 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, 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, 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 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. 

Material Incorporated by Reference 

(i) You must use APEX Aircraft Mandatory 

Service Bulletin No. 040401, dated October 

29, 2004, 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 

Navigabilite ́, 1, route de Troyes, 21121 

DAROIS—France; telephone: +33 380 35 65 

10; fax +33 380 35 65 15; e-mail: 

airworthiness@apex-aircraft.com; Internet: 

http://www.apex-aircraft.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 May 9, 

2007. 

Charles L. Smalley, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E7–9393 Filed 5–16–07; 8:45 am] 

BILLING CODE 4910–13–P 


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