Federal Register / Vol. 73, No. 161 / Tuesday, August 19, 2008 / Rules and Regulations 48297 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0470 Directorate 

Identifier 2008–CE–026–AD; Amendment 

39–15645; AD 2008–17–07] 

RIN 2120–AA64 

Airworthiness Directives; APEX 

Aircraft 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: 

An internal review evidenced that the 

flight controls tie rod bolts currently installed 

on the airplane are not in accordance with 

the design data. Indeed the bolt shank length 

has been determined too short and the 

material properties of the spacers have been 

found inadequate according to the prescribed 

torque value. 

Therefore, bolts’ threads could be subject 

to excessive wear, which might induce play 

in flight controls and consequently, induce 

vibrations in the control surfaces and reduce 

the airplane handling. 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective 

September 23, 2008. 

On September 23, 2008, 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:// 

www.regulations.gov; or in person at 

Document Management Facility, U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590. 

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: 

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 June 13, 2008 (73 FR 33738). 

That NPRM proposed to correct an 

unsafe condition for the specified 

products. The MCAI states: 

An internal review evidenced that the 

flight controls tie rod bolts currently installed 

on the airplane are not in accordance with 

the design data. Indeed the bolt shank length 

has been determined too short and the 

material properties of the spacers have been 

found inadequate according to the prescribed 

torque value. 

Therefore, bolts’ threads could be subject 

to excessive wear, which might induce play 

in flight controls and consequently, induce 

vibrations in the control surfaces and reduce 

the airplane handling. 

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 

Based on the service information, we 

estimate that this AD will affect 31 

products of U.S. registry. We also 

estimate that it will take about 3 workhours per product to comply with basic 

requirements of this AD. The average 

labor rate is $80 per work-hour. 

Required parts will cost about $100 per 

product. 

Based on these figures, we estimate 

the cost of this AD to the U.S. operators 

to be $10,540 or $340 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 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:// 

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 the NPRM, 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. 


ebenthall on PRODPC60 with RULES
48298 Federal Register / Vol. 73, No. 161 / Tuesday, August 19, 2008 / Rules and Regulations 

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: 

2008–17–07 APEX Aircraft: Amendment 

39–15645; Docket No. FAA–2008–0470; 

Directorate Identifier 2008–CE–026–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective September 23, 2008. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to the following Model 

CAP 10 B airplanes, certificated in any 

category: 

(1) Serial numbers 300 through 317; and 

(2) All other serial numbers that 

incorporate APEX change 000302 (fibre 

carbon wing spars). 

Subject 

(d) Air Transport Association of America 

(ATA) Code 27: Flight Controls. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

An internal review evidenced that the 

flight controls tie rod bolts currently installed 

on the airplane are not in accordance with 

the design data. Indeed the bolt shank length 

has been determined too short and the 

material properties of the spacers have been 

found inadequate according to the prescribed 

torque value. 

Therefore, bolts’ threads could be subject 

to excessive wear, which might induce play 

in flight controls and consequently, induce 

vibrations in the control surfaces and reduce 

the airplane handling. 

To prevent this condition, the present 

Airworthiness Directive (AD) mandates 

replacement of the tie rod bolts and spacers. 

Actions and Compliance 

(f) Unless already done, do the following 

actions: 

(1) Within 50 hours time-in-service after 

September 23, 2008 (the effective date of this 

AD), remove tie rod bolts part number (P/N) 

95.56.11.066 and spacers P/N 11.56.27.038 

and replace them with tie rod bolts P/N 

95.56.11.418 and spacers P/N 11.56.27.138, 

following APEX Aircraft Service Bulletin No. 

040206, dated September 21, 2007. 

(2) As of September 23, 2008 (the effective 

date of this AD), do not install any tie rod 

bolt P/N 95.56.11.066 or spacer P/N 

11.56.27.038. 

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, 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. 2008–0060, 

dated April 1, 2008; and APEX Aircraft 

Service Bulletin No. 040206, dated 

September 21, 2007, for related information. 

Material Incorporated by Reference 

(i) You must use APEX Aircraft Service 

Bulletin No. 040206, dated September 21, 

2007, 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. 

(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 August 

7, 2008. 

Kim Smith, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. E8–18807 Filed 8–18–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF JUSTICE 

28 CFR Part 14 

Administrative Claims Under the 

Federal Tort Claims Act; Delegation of 

Authority 

AGENCY: Department of Justice. 

ACTION: Final rule. 

SUMMARY: On June 17, 2003, the 

Assistant Attorney General in charge of 

the Civil Division delegated to the 

Secretary of Homeland Security the 

authority to settle administrative tort 

claims presented pursuant to the 

Federal Tort Claims Act where the 

amount of the settlement does not 

exceed $50,000. By including this 

delegation of authority in the Code of 

Federal Regulations, the Civil Division 

is alerting the general public to the 

delegation. This rule also implements 

the Administrative Dispute Resolution 

Act. 

EFFECTIVE DATE: August 19, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Phyllis J. Pyles, Director, Torts Branch, 

Civil Division, U.S. Department of 

Justice, P.O. Box 888, Washington, DC 

20044, (202) 616–4400. 

SUPPLEMENTARY INFORMATION: This rule 

is a delegation of authority from the 

Assistant Attorney General for the Civil 

Division to the Secretary of Homeland 

Security, a matter solely related to the 

division of responsibility between the 

Department of Justice and the 

Department of Homeland Security. As 

such, this rule is a rule of agency 

organization, procedure, and practice 

that is limited to matters of agency 

management and personnel. 

Accordingly: (1) This rule is exempt 

from the notice requirement of 5 U.S.C. 

* 553(b) and is made effective upon 

issuance; (2) the Department certifies 

under 5 U.S.C. * 605(b) that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities and further that no Regulatory 

Flexibility Analysis was required to be 

prepared for this final rule since the 

Department was not required to publish 

a general notice of proposed 

rulemaking; (3) this action is not a 

‘‘regulation’’ or ‘‘rule’’ as defined by 

Executive Order 12866, ‘‘Regulatory 


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