
[Federal Register: July 8, 2008 (Volume 73, Number 131)]
[Rules and Regulations]               
[Page 38889-38891]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08jy08-4]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0536; Directorate Identifier 2008-CE-030-AD; 
Amendment 39-15595; AD 2008-13-32]
RIN 2120-AA64

 
Airworthiness Directives; APEX Aircraft Model CAP 10B 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

[[Page 38890]]

another country to identify and correct an unsafe condition on an 
aviation product. The MCAI describes the unsafe condition as:

    It has been determined that the currently used values for Arms 
of front and rear fuel tanks, and luggage compartment from the CAP 
10B Airplane Flight Manuals (AFM), must be rectified.
    If left uncorrected, these weight and balance data could lead to 
erroneous determination of the location of the Center of Gravity 
(CG) and possibly cause operation with the CG outside the approved 
limits which may result in control difficulty.

    We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective August 12, 2008.
    On August 12, 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 May 9, 2008 (73 FR 
26351). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    It has been determined that the currently used values for Arms 
of front and rear fuel tanks, and luggage compartment from the CAP 
10B Airplane Flight Manuals (AFM), must be rectified.
    If left uncorrected, these weight and balance data could lead to 
erroneous determination of the location of the Center of Gravity 
(CG) and possibly cause operation with the CG outside the approved 
limits which may result in control difficulty.
    To prevent this condition, the present Airworthiness Directive 
(AD) mandates revision of the AFM which introduces the corrected 
values and replaces the previous loading graphs by loading tables.

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 work-hour 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 to be $2,480, or $80 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.

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:

2008-13-32 APEX Aircraft: Amendment 39-15595; Docket No. FAA-2008-
0536; Directorate Identifier 2008-CE-030-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective August 
12, 2008.

[[Page 38891]]

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to CAP 10B airplanes, all serial numbers up 
to and including 282, certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 08: Leveling 
and Weighing.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    It has been determined that the currently used values for Arms 
of front and rear fuel tanks, and luggage compartment from the CAP 
10B Airplane Flight Manuals (AFM), must be rectified.
    If left uncorrected, these weight and balance data could lead to 
erroneous determination of the location of the Center of Gravity 
(CG) and possibly cause operation with the CG outside the approved 
limits which may result in control difficulty.
    To prevent this condition, the present Airworthiness Directive 
(AD) mandates revision of the AFM which introduces the corrected 
values and replaces the previous loading graphs by loading tables.

Actions and Compliance

    (f) Unless already done, within the next 50 hours time-in-
service (TIS) after August 12, 2008 (the effective date of this AD), 
incorporate Apex Aircraft AVION CAP 10B Document Number 1000977 GB, 
Revision 8, dated February 2007 into the limitations section of the 
airplane flight manual as specified in APEX Aircraft Service 
Bulletin No. 030502, dated April 11, 2008. 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 do 
this action. Make an entry in the aircraft records showing 
compliance with this portion of the AD following 14 CFR 43.9.

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. 
2008-0071, dated April 15, 2008; and APEX Aircraft Service Bulletin 
No. 030502, dated April 11, 2008, for related information.

Material Incorporated by Reference

    (i) You must use APEX Aircraft Service Bulletin No. 030502, 
dated April 11, 2008, 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[eacute], 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 June 19, 2008.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-14484 Filed 7-7-08; 8:45 am]

BILLING CODE 4910-13-P
