Airworthiness Directives; APEX Aircraft (Type Certificate No. A36EU Formerly Held by AVIONS MUDRY et CIE) Model CAP 10 B Airplanes

[Federal Register Volume 72, Number 82 (Monday, April 30, 2007)]
[Rules and Regulations]
[Pages 21077-21079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-7980]



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Federal Register / Vol. 72, No. 82 / Monday, April 30, 2007 / Rules 
and Regulations

[[Page 21077]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-27529; Directorate Identifier 2007-CE-018-AD; 
Amendment 39-15038; AD 2007-09-06]
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), DOT.

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

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

    Several recent inspections have revealed that some spar wooden 
centre blocks have shown cracks. Investigation revealed that cracks 
are generated by the wood drying. Actions specified in this AD are 
intended to detect and correct any defects on the central wing spar 
block.

    This AD requires actions that are intended to address the unsafe 
condition described in the MCAI.

DATES: This AD becomes effective May 21, 2007.
    On May 21, 2007 the Director of the Federal Register approved the 
incorporation by reference of certain publications listed in this AD.
    We must receive any comments on this AD by June 4, 2007.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
    <bullet> Fax: (202) 493-2251.
    <bullet> Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001.
    <bullet> Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.

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 this AD, 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.

FOR FURTHER INFORMATION CONTACT: Mr. 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

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued AD 
No. 2007-0015, dated January 12, 2007 (referred to after this as ``the 
MCAI''), to correct an unsafe condition for the specified products.
    The MCAI states:

    Several recent inspections have revealed that some spar wooden 
centre blocks have shown cracks. Investigation revealed that cracks 
are generated by the wood drying. Actions specified in this AD are 
intended to detect and correct any defects on the central wing spar 
block.
    This AD is requiring the installation of two reinforcement 
plates on the wing spar to counter the shear loading, implementation 
of corrective actions to slow down the wood drying and is also 
introducing new repetitive inspections.

    You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    APEX Aircraft has issued Service Bulletin No. 060307 R1, Amendment 
date November 2, 2006; Apex Aircraft CAP10C--Main Spar Wooden Center 
Block--Reinforcement Instructions No. 1001766, dated October 6, 2006; 
and Apex Aircraft Document No. 1001133-A, DR400 Spar Consolidation, 
Applying Araldite 2015 Adhesive, dated February 4, 2003. The actions 
described in this service information are intended to correct the 
unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This 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 issuing this AD because we 
evaluated all information provided by the State of Design Authority and 
determined the unsafe condition exists and is likely to exist or 
develop on other products of the same type design.

[[Page 21078]]

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 have also required different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
described in a separate paragraph of the AD. These requirements take 
precedence over those copied from the MCAI.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because of 
cracks found on the central wing spar block. Therefore, we determined 
that notice and opportunity for public comment before issuing this AD 
are impracticable and that good cause exists for making this amendment 
effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2007-27529; Directorate 
Identifier 2007-CE-018-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD because of 
those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact we 
receive about this AD.

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 that 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.

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 amends14 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:

2007-09-06 APEX Aircraft (Type Certificate No. A36EU formerly held 
by AVIONS MUDRY et CIE): Amendment 39-15038; Docket No. FAA-2007-
27529; Directorate Identifier 2007-CE-018-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective May 21, 
2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model CAP 10 B airplanes, all serial 
numbers, that are:
    (1) Certificated in any category; and
    (2) fitted with major change 000302, wood/carbon-made wings, 
part-number 11.56.00.010, serial numbers 001 to 084 inclusive.

Subject

    (d) Air Transport Association of America (ATA) Code 57: Wings.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    Several recent inspections have revealed that some spar wooden 
center blocks have shown cracks. Investigation revealed that cracks 
are generated by the wood drying. Actions specified in this AD are 
intended to detect and correct any defects on the central wing spar 
block.
    This AD is requiring the installation of two reinforcement 
plates on the wing spar to counter the shear loading, implementation 
of corrective actions to slow down the wood drying and is also 
introducing new repetitive inspections.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) Before further flight after May 21, 2007 (the effective date 
of this AD):
    (i) Fabricate a placard that incorporates the following words 
(using at least \1/8\-inch letters) and install this placard on the 
instrument panel within the pilot's clear view: ``FLICK MANEUVERS 
ARE PROHIBITED''; and
    (ii) Insert a copy of this AD into the Limitations section of 
the Pilot's Operating Handbook (POH).
    (iii) 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 fabricate the placard required in 
paragraph (f)(1)(i) of this AD and may insert the information into 
the POH as required in paragraph (f)(1)(ii) of this AD. Make an 
entry into the aircraft records showing compliance with these 
portions of the AD in accordance with section 43.9 of the Federal 
Aviation Regulations (14 CFR 43.9).
    (2) Within the next 50 hours time-in-service (TIS) after May 21, 
2007 (the effective date of this AD), inspect the front and rear 
spar webs for cracks and damage using Apex Aircraft Service Bulletin 
No. 060307 R1, Amendment date November 2, 2006.
    (3) If any crack or damage is found during the inspection 
required in paragraph (f)(2) of this AD, the wing must be considered 
as unairworthy until the implementation of the relevant repair 
solution. Before further flight, contact Apex Aircraft to obtain a 
repair

[[Page 21079]]

solution and incorporate the repair. Continued operation with cracks 
in the front and rear spar webs is prohibited.
    (4) If no cracks or damages are found in either the rear or the 
front wing spar web during the inspection required in paragraph 
(f)(2) of this AD, before further flight install reinforcement 
plates, part number 97.56.00.002, using Apex Aircraft CAP10C--Main 
Spar Wooden Center Block--Reinforcement Instructions No. 1001766-A, 
dated June 10, 2006; and Apex Aircraft Document No. 1001133-A, DR400 
Spar Consolidation, Applying Araldite 2015 Adhesive, dated February 
4, 2003.
    (5) After doing the actions required in paragraphs (f)(2), 
(f)(3), and (f)(4) of this AD:
    (i) Flick maneuvers previously prohibited by paragraph (f)(1) of 
this AD are now permitted. Before further flight, remove the placard 
required in paragraph (f)(1)(i) of this AD and remove the insertion 
into the POH required in paragraph (f)(1)(ii) of this AD.
    (ii) Repetitively inspect the front and rear spar webs for 
cracks and damage thereafter at intervals not to exceed 13 months 
using Apex Aircraft Service Bulletin No. 060307 R1, Amendment date 
November 2, 2006; and
    (iii) If any crack or damage is found during any inspection 
required by paragraph (f)(5)(ii) this AD, before further flight 
contact Apex Aircraft to obtain a repair solution and incorporate 
the repair.
    (6) After 50 hours TIS after May 21, 2007 (the effective date of 
this AD), do not install an Apex Aircraft wood/carbon-made wing, 
part number 11.56.00.010, unless it has been inspected and is found 
to be crack free and modified using Apex Aircraft Service Bulletin 
No. 060307 R1, Amendment date November 2, 2006; and Apex Aircraft 
CAP10C--Main Spar Wooden Center Block--Reinforcement Instructions 
No. 1001766-A, dated October 6, 2006.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: The MCAI allows continued flight if cracks are found in 
the wing spar webs that do not exceed certain limits. The applicable 
service bulletin specifies replacing the wing spar webs only if 
cracks are found exceeding limits specified in Apex Aircraft Service 
Bulletin No. 060307 R1, Amendment date November 2, 2006, as does the 
MCAI. This AD does not allow continued flight if any crack is found. 
FAA policy is to disallow airplane operation when known cracks exist 
in primary structure, unless the ability to sustain ultimate load 
with these cracks is proven. The wing spar webs are considered 
primary structure, and the FAA has not received any analysis to 
prove that ultimate load can be sustained with cracks in these 
areas.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Standards Staff, FAA, Small Airplane Directorate, ATTN: Sarjapur 
Nagarajan, Aerospace Engineer, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4145; fax: (816) 329-4090, has 
the authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. 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. 
2007-0015, dated January 12, 2007; Apex Aircraft Service Bulletin 
No. 060307 R1, Amendment dated November 2, 2006; Apex Aircraft 
CAP10C--Main Spar Wooden Center Block--Reinforcement Instructions 
No. 1001766, dated October 6, 2006; and Apex Aircraft Document No. 
1001133-A, DR400 Spar Consolidation, Applying Araldite 2015 
Adhesive, dated February 4, 2003, for related information.

Material Incorporated by Reference

    (i) You must use Apex Aircraft Service Bulletin No. 060307 R1, 
Amendment date November 2, 2006; Apex Aircraft CAP10C--Main Spar 
Wooden Center Block--Reinforcement Instructions No. 1001766-A, dated 
October 6, 2006; and Apex Aircraft Document No. 1001133-A, DR400 
Spar Consolidation, Applying Araldite 2015 Adhesive, dated February 
4, 2003, 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, 1 route de Troyes, 21121 DAROIS--
France, telephone: (33) 380 35 65 10; fax: (33) 380 35 65 15; e-
mail: 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 April 20, 2007.
Charles L. Smalley,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-7980 Filed 4-27-07; 8:45 am]
BILLING CODE 4910-13-P

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