[Federal Register Volume 73, Number 161 (Tuesday, August 19, 2008)]
[Rules and Regulations]
[Pages 48297-48298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18807]



[[Page 48297]]

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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.

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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 work-hours 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.

[[Page 48298]]

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
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:

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