[Federal Register: January 24, 2008 (Volume 73, Number 16)]
[Proposed Rules]
[Page 4121-4123]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24ja08-34]
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Proposed Rules
Federal Register
________________________________________________________________________
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.
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[[Page 4121]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2008-0056; Directorate Identifier 2007-CE-096-AD]
RIN 2120-AA64
Airworthiness Directives; APEX Aircraft Model CAP 10 B Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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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:
A CAP 10B experienced an emergency landing after its front fuel
tank collapsed and rendered inoperative the left rudder pedals which
were blocked in neutral position. Investigation and the
metallurgical examination revealed that the fuel tank straps had
fractured as a result of fatigue. The tank support straps had logged
around 7000 hours time-in-service (TIS).
DGAC France Airworthiness Directive (AD) F-2004-071 was issued
to introduce a 4000 hour life-limit for the tank support straps and
to require replacement of straps which had exceeded this life-limit.
Since then, a front tank support has been found damaged during
an inspection before reaching 4000 hours TIS.
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 February 25,
2008.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: (202) 493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
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 this proposed AD, 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.
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:
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-2008-0056;
Directorate Identifier 2007-CE-096-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://www.regulations.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 European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
AD No.: 2007-0285, dated November 13, 2007 (referred to after this as
``the MCAI''), to correct an unsafe condition for the specified
products. The MCAI states:
A CAP 10B experienced an emergency landing after its front fuel
tank collapsed and rendered inoperative the left rudder pedals which
were blocked in neutral position. Investigation and the
metallurgical examination revealed that the fuel tank straps had
fractured as a result of fatigue. The tank support straps had logged
around 7000 hours time-in-service (TIS).
DGAC France Airworthiness Directive (AD) F-2004-071 was issued
to introduce a 4000 hour life-limit for the tank support straps and
to require replacement of straps which had exceeded this life-limit.
Since then, a front tank support has been found damaged during
an inspection before reaching 4000 hours TIS.
The present AD supersedes DGAC France AD F-2004-071, reduces to
2000 hours the life-limit for the tank support straps and requires
replacement of straps which have exceeded the new life-limit.
These actions are intended to address the identified unsafe
condition so as to prevent fatigue cracks from occurring in the tank
support straps before the established safe life is reached.
The MCAI requires the life-limit of the front fuel tank strap be
reduced from 4,000 hours TIS to 2,000 hours TIS and the replacement of
front fuel tank straps that have exceeded the new life-limit.
You may obtain further information by examining the MCAI in the AD
docket.
Relevant Service Information
APEX Aircraft has issued Service Bulletin No. 040102 R1, Revision
1, dated September 18, 2007. 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
[[Page 4122]]
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.
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 19 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $80 per
work-hour. Required parts would cost about $65 per product.
Based on these figures, we estimate the cost of the proposed AD on
U.S. operators to be $49,135, or $1,585 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 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.
Sec. 39.13 [Amended]
2. The FAA amends Sec. 39.13 by adding the following new AD:
Apex Aircraft: Docket No. FAA-2008-0056; Directorate Identifier
2007-CE-096-AD.
Comments Due Date
(a) We must receive comments by February 25, 2008.
Affected ADs
(b) None.
Applicability
(c) This AD applies to CAP 10 B airplanes, all serial numbers,
certificated in any category.
Subject
(d) Air Transport Association of America (ATA) Code 28: Fuel.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
A CAP 10B experienced an emergency landing after its front fuel
tank collapsed and rendered inoperative the left rudder pedals which
were blocked in neutral position. Investigation and the
metallurgical examination revealed that the fuel tank straps had
fractured as a result of fatigue. The tank support straps had logged
around 7000 hours time-in-service (TIS). DGAC France Airworthiness
Directive (AD) F-2004-071 was issued to introduce a 4000 hour life-
limit for the tank support straps and to require replacement of
straps which had exceeded this life-limit. Since then, a front tank
support has been found damaged during an inspection before reaching
4000 hours TIS. The present AD supersedes DGAC France AD F-2004-071,
reduces to 2000 hours the life-limit for the tank support straps and
requires replacement of straps which have exceeded the new life-
limit. These actions are intended to address the identified unsafe
condition so as to prevent fatigue cracks from occurring in the tank
support straps before the established safe life is reached.
The MCAI requires the life-limit of the front fuel tank strap be
reduced from 4,000 hours TIS to 2,000 hours TIS and the replacement
of front fuel tank straps that have exceeded the new life-limit.
Actions and Compliance
(f) Unless already done, do the following actions:
(1) When you accumulate a total of 2,000 hours TIS on the strap
or within the next 30 days after the effective date of this AD,
whichever occurs later, replace the front fuel tank support strap,
part number (P/N) CAP 10-70-08-01, using the instructions in the
maintenance manual.
(2) Repetitively thereafter within intervals not to exceed 2,000
hours TIS on the strap replace the front fuel tank support strap, P/
N CAP 10-70-08-01, using the instructions in the maintenance manual.
(3) If you are unable to establish the accumulated hours TIS on
the front fuel tank support strap, P/N CAP 10-70-08-01, you must use
the total hours TIS accumulated on the airplane for the accumulated
hours TIS on the strap.
(4) Within the next 30 days after the effective date of this AD
update the airworthiness limitations section of your maintenance
program to reflect the life limit change of P/N CAP 10-70-08-01 from
4,000 hours TIS to 2,000 hours TIS using APEX Aircraft Service
Bulletin No. 040102 R1, Revision 1, dated September 18, 2007.
FAA AD Differences
Note: This AD differs from the MCAI and/or service information
as follows: The FAA has established a more universal compliance time
for all airplanes. This gives all owners/operators at least 30 days
to comply with the AD.
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)
[[Page 4123]]
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 AD No.: 2007-
0285, dated November 13, 2007; and APEX Aircraft Service Bulletin
No. 040102 R1, Revision 1, dated September 18, 2007, for related
information.
Issued in Kansas City, Missouri, on January 16, 2008.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-1161 Filed 1-23-08; 8:45 am]
BILLING CODE 4910-13-P