Airworthiness Directives; APEX Aircraft (Type Certificate No. A36EU Formerly Held by AVIONS MUDRY et CIE) Model CAP 10B Airplanes, 13712-13714 [E7-5226]

Download as PDF 13712 Proposed Rules Federal Register Vol. 72, No. 56 Friday, March 23, 2007 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. 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments. Examining the AD Docket DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2007–27531; Directorate Identifier 2007–CE–020–AD] RIN 2120–AA64 Airworthiness Directives; APEX Aircraft (Type Certificate No. A36EU Formerly Held by AVIONS MUDRY et CIE) Model CAP 10B Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). AGENCY: 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: sroberts on PROD1PC70 with PROPOSALS * * * the discovery of cracks on aileron spades of an in-service CAP 10B aircraft. The consequence on the aircraft of these cracks might be the loss of the airplane rolling control. 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 April 23, 2007. ADDRESSES: You may send comments by any of the following methods: • DOT Docket Web Site: Go to https:// dms.dot.gov and follow the instructions for sending your comments electronically. • Fax: (202) 493–2251. • Mail: Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL–401, Washington, DC 20590– 0001. • Hand Delivery: Room PL–401 on the plaza level of the Nassif Building, VerDate Aug<31>2005 18:37 Mar 22, 2007 Jkt 211001 You may examine the AD docket on the Internet at https://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 proposed 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: 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. This 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 proposed AD references the MCAI and related service information that we considered in forming the engineering basis to correct the unsafe condition. The proposed AD contains text copied from the MCAI and for this reason might not follow our plain language principles. 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–2007–27531; Directorate Identifier 2007–CE–020–AD’’ at the beginning of PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 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 https:// dms.dot.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 Direction generale de l’aviation civile (DGAC), which is the aviation authority for France, has issued AD No. F–2005–049, dated March 30, 2005 (referred to after this as ‘‘the MCAI’’), to correct an unsafe condition for the specified products. The MCAI states: * * * the discovery of cracks on aileron spades of an in-service CAP 10B aircraft. The consequence on the aircraft of these cracks might be the loss of the airplane rolling control. The MCAI requires: APEX AIRCRAFT has designed new models of inboard and mid-aileron spades supports which shall be installed in place of the previous supports models if cracks are found. You may obtain further information by examining the MCAI in the AD docket. Relevant Service Information APEX Aircraft has issued Mandatory Service Bulletin No. 040401, dated October 29, 2004. 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 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. E:\FR\FM\23MRP1.SGM 23MRP1 Federal Register / Vol. 72, No. 56 / Friday, March 23, 2007 / Proposed Rules 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. sroberts on PROD1PC70 with PROPOSALS 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 1 work-hour per product to comply with the basic requirements of this proposed AD. The average labor rate is $80 per work-hour. Based on these figures, we estimate the cost of the proposed AD on U.S. operators to be $2,480, or $80 per product. In addition, we estimate that any necessary follow-on actions would take about 6 work-hours and require parts costing $2,500, for a cost of $2,980 per product. We have no way of determining the number of products that may need these actions. 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 VerDate Aug<31>2005 18:37 Mar 22, 2007 Jkt 211001 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. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: APEX Aircraft (Type Certificate No. A36EU formerly held by AVIONS MUDRY et CIE): Docket No. FAA–2007–27531; Directorate Identifier 2007–CE–020–AD. Comments Due Date (a) We must receive comments by April 23, 2007. Affected ADs (b) None. Applicability (c) This AD applies to Model CAP 10 B airplanes; serial numbers 001 through 299, fitted with major change 000302 (fiber carbon spar), and serial numbers 300 and up; that are certificated in any category. Subject (d) Air Transport Association of America (ATA) Code 57: Wings. Reason (e) The mandatory continuing airworthiness information (MCAI) states: PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 13713 * * * the discovery of cracks on aileron spades of an in-service CAP 10B aircraft. The consequence on the aircraft of these cracks might be the loss of the airplane rolling control. Actions and Compliance (f) Unless already done, do the following actions: (1) Within the next 50 hours time-inservice (TIS) after the effective date of this AD and repetitively thereafter at intervals not to exceed 50 hours TIS, inspect the spades supports for cracks following the ACCOMPLISHMENT INSTRUCTIONS of APEX Aircraft Mandatory Service Bulletin No. 040401, dated October 29, 2004. Replacement of the spades supports with ones with a letter ‘‘A’’ marking per APEX Aircraft Mandatory Service Bulletin No. 040401, dated October 29, 2004, terminates the inspection requirements of this AD. (2) Before further flight, if cracks are found during any inspection required by paragraph (f)(1) of this AD, replace the spades supports following the ACCOMPLISHMENT INSTRUCTIONS of APEX Aircraft Mandatory Service Bulletin No. 040401, dated October 29, 2004. FAA AD Differences Note: This AD differs from the MCAI and/ or service information as follows: The MCAI and service bulletin require the initial inspection action within 10 hours TIS. We consider 10 hours TIS an urgent safety of flight compliance time, and we do not consider this unsafe condition to be an urgent safety of flight condition. Because we do not consider this unsafe condition to be an urgent safety of flight condition, we are issuing this proposed action through the normal notice of proposed rulemaking (NPRM) AD process. The initial inspection time of 50 hours TIS is an adequate compliance for this proposed AD action and meets the FAA requirements for an NPRM followed by a final rule. Other FAA AD Provisions (g) The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, Standards Staff, FAA, 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, 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 E:\FR\FM\23MRP1.SGM 23MRP1 13714 Federal Register / Vol. 72, No. 56 / Friday, March 23, 2007 / Proposed Rules 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 Direction generale de l’aviation civile AD No. F–2005–049, dated March 30, 2005; and APEX Aircraft Mandatory Service Bulletin No. 040401, dated October 29, 2004. Issued in Kansas City, Missouri, on March 15, 2007. David R. Showers, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E7–5226 Filed 3–22–07; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF HOMELAND SECURITY Bureau of Customs and Border Protection DEPARTMENT OF THE TREASURY 19 CFR Parts 111, 113, 141, 142 and 143 [USCBP–2006–0001] RIN 1505–AB20 Remote Location Filing Customs and Border Protection, Department of Homeland Security; Department of the Treasury. ACTION: Notice of proposed rulemaking. sroberts on PROD1PC70 with PROPOSALS AGENCIES: SUMMARY: This document proposes to amend title 19 of the Code of Federal Regulations to set forth provisions implementing Remote Location Filing (RLF). The proposed changes implement the terms of section 414 of the Tariff Act of 1930, as added by section 631 within the Customs Modernization provisions of the North American Free Trade Agreement Implementation Act, and would allow a RLF filer to electronically file with CBP those entries and related information that CBP can process in a completely electronic data interchange system from a location other than where the goods will arrive. DATES: Comments must be received on or before May 22, 2007. ADDRESSES: You may submit comments, identified by docket number, by one of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments via docket number USCBP 2006–0001. • Mail: Trade and Commercial Regulations Branch, Bureau of Customs VerDate Aug<31>2005 18:37 Mar 22, 2007 Jkt 211001 and Border Protection, 1300 Pennsylvania Avenue, NW. (Mint Annex), Washington, DC 20229. Instructions: All submissions received must include the agency name and docket number for this rulemaking. All comments received will be posted without change to https:// www.regulations.gov, including any personal information provided. For detailed instructions on submitting comments and additional information on the rulemaking process, see the ‘‘Public Participation’’ heading of the SUPPLEMENTARY INFORMATION section of this document. Docket: For access to the docket to read background documents or comments received, go to https:// www.regulations.gov. Submitted comments may also be inspected during regular business days between the hours of 9 a.m. and 4:30 p.m. at the Trade and Commercial Regulations Branch, Bureau of Customs and Border Protection, 799 9th Street, NW., 5th Floor, Washington, DC. Arrangements to inspect submitted comments should be made in advance by calling Joseph Clark at (202) 572– 8768. FOR FURTHER INFORMATION CONTACT: For systems or automation issues: Tony Casucci at (202) 772–2041 or Jennifer Engelbach at (562) 366–5593. For operational or policy issues: Marla Bianchetta at (202) 344–2693 or via email at remote.filing@dhs.gov. SUPPLEMENTARY INFORMATION: Public Participation Interested persons are invited to participate in this rulemaking by submitting written data, views, or arguments on all aspects of the proposed rule. The Bureau of Customs and Border Protection (CBP) also invites comments that relate to the economic, environmental, or federalism effects that might result from this proposed rule. If appropriate to a specific comment, the commenter should reference the specific portion of the proposed rule, explain the reason for any recommended change, and include data, information, or authority that support such recommended change. Background This document proposes changes to the CBP regulations to provide for Remote Location Filing. Remote Location Filing (RLF) is currently allowed through National Customs Automation Program (NCAP) testing. The National Customs Automation Program (NCAP) Title VI of the North American Free Trade Agreement Implementation Act PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 (the Act), Public Law 103–182, 107 Stat. 2057 (December 8, 1993), contains provisions pertaining to Customs Modernization (107 Stat. 2170). Subpart B of title VI of the Act concerns the National Customs Automation Program (NCAP), an electronic system for the processing of commercial importations. Within subpart B, section 631 of the Act added sections 411 through 414 to the Tariff Act of 1930 (19 U.S.C. 1411– 1414). These sections: define the NCAP, provide for the establishment of and participation in the NCAP and include a list of existing and planned components (section 411); list the NCAP goals (section 412); provide for the implementation and evaluation of the NCAP (section 413); and, provide for Remote Location Filing (RLF) (section 414). One of the planned NCAP components listed in section 411 is the electronic filing (including RLF under section 414) of entry information with Customs (now ‘‘CBP’’). See 19 U.S.C. 1411(a)(2)(B). Description of Remote Location Filing Prototype Program RLF is intended to permit electronic filing of an entry of merchandise with CBP from a location other than where the goods will arrive or the district designated in the entry for examination (a ‘‘remote location’’). See section 414(a)(1). As a key part of the NCAP entry filing component, RLF is intended to conform CBP practices to trade business processes. By using electronic filing, RLF is intended to reduce paperwork that is costly to create, review and store. RLF is also intended to enable a customs broker with a national permit to serve several port locations without the cost of maintaining multiple offices. Section 413(b) of the Act provides for the implementation, testing and evaluation of the NCAP and requires that the Secretary of the Treasury consult with the trade community, including importers, customs brokers, shippers, and other affected parties, in the development, implementation and evaluation of the NCAP program and its components. In accordance with this section, CBP has held public meetings on RLF since June, 1994, and has tested the RLF concept via prototypes since 1995. CBP continues to provide RLF information and updates on the Automated Broker Interface (ABI) Administrative Message System and on the CBP Internet Web site located at https://www.cbp.gov (type in the search term ‘‘Remote Location Filing’’). RLF prototypes have been tested in accordance with § 101.9(b) of title 19 of the Code of Federal Regulations (19 CFR E:\FR\FM\23MRP1.SGM 23MRP1

Agencies

[Federal Register Volume 72, Number 56 (Friday, March 23, 2007)]
[Proposed Rules]
[Pages 13712-13714]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-5226]


========================================================================
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.

========================================================================


Federal Register / Vol. 72, No. 56 / Friday, March 23, 2007 / 
Proposed Rules

[[Page 13712]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-27531; Directorate Identifier 2007-CE-020-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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

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:

    * * * the discovery of cracks on aileron spades of an in-service 
CAP 10B aircraft.
    The consequence on the aircraft of these cracks might be the 
loss of the airplane rolling control.

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 April 23, 2007.

ADDRESSES: You may send comments by any of the following methods:
     DOT Docket Web Site: Go to https://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Fax: (202) 493-2251.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001.
     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.
     Federal eRulemaking Portal: Go to https://
www.regulations.gov. Follow the instructions for submitting comments.

Examining the AD Docket

    You may examine the AD docket on the Internet at https://
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 proposed 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: 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. This 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 proposed AD references the MCAI and related service 
information that we considered in forming the engineering basis to 
correct the unsafe condition. The proposed AD contains text copied from 
the MCAI and for this reason might not follow our plain language 
principles.

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-2007-
27531; Directorate Identifier 2007-CE-020-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 https://
dms.dot.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 Direction generale de l'aviation civile (DGAC), which is the 
aviation authority for France, has issued AD No. F-2005-049, dated 
March 30, 2005 (referred to after this as ``the MCAI''), to correct an 
unsafe condition for the specified products. The MCAI states:

    * * * the discovery of cracks on aileron spades of an in-service 
CAP 10B aircraft.
    The consequence on the aircraft of these cracks might be the 
loss of the airplane rolling control.
    The MCAI requires:
    APEX AIRCRAFT has designed new models of inboard and mid-aileron 
spades supports which shall be installed in place of the previous 
supports models if cracks are found.

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

Relevant Service Information

    APEX Aircraft has issued Mandatory Service Bulletin No. 040401, 
dated October 29, 2004. 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 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.

[[Page 13713]]

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 1 work-hour per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour.
    Based on these figures, we estimate the cost of the proposed AD on 
U.S. operators to be $2,480, or $80 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 6 work-hours and require parts costing $2,500, for a cost of 
$2,980 per product. We have no way of determining the number of 
products that may need these actions.

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 (Type Certificate No. A36EU formerly held by AVIONS 
MUDRY et CIE): Docket No. FAA-2007-27531; Directorate Identifier 
2007-CE-020-AD.

Comments Due Date

    (a) We must receive comments by April 23, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model CAP 10 B airplanes; serial numbers 
001 through 299, fitted with major change 000302 (fiber carbon 
spar), and serial numbers 300 and up; that are certificated in any 
category.

Subject

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

Reason

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

    * * * the discovery of cracks on aileron spades of an in-service 
CAP 10B aircraft.
    The consequence on the aircraft of these cracks might be the 
loss of the airplane rolling control.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) Within the next 50 hours time-in-service (TIS) after the 
effective date of this AD and repetitively thereafter at intervals 
not to exceed 50 hours TIS, inspect the spades supports for cracks 
following the ACCOMPLISHMENT INSTRUCTIONS of APEX Aircraft Mandatory 
Service Bulletin No. 040401, dated October 29, 2004. Replacement of 
the spades supports with ones with a letter ``A'' marking per APEX 
Aircraft Mandatory Service Bulletin No. 040401, dated October 29, 
2004, terminates the inspection requirements of this AD.
    (2) Before further flight, if cracks are found during any 
inspection required by paragraph (f)(1) of this AD, replace the 
spades supports following the ACCOMPLISHMENT INSTRUCTIONS of APEX 
Aircraft Mandatory Service Bulletin No. 040401, dated October 29, 
2004.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: The MCAI and service bulletin require the initial 
inspection action within 10 hours TIS. We consider 10 hours TIS an 
urgent safety of flight compliance time, and we do not consider this 
unsafe condition to be an urgent safety of flight condition. Because 
we do not consider this unsafe condition to be an urgent safety of 
flight condition, we are issuing this proposed action through the 
normal notice of proposed rulemaking (NPRM) AD process. The initial 
inspection time of 50 hours TIS is an adequate compliance for this 
proposed AD action and meets the FAA requirements for an NPRM 
followed by a final rule.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Standards Staff, FAA, 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, 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

[[Page 13714]]

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 Direction g[eacute]n[eacute]rale de l'aviation 
civile AD No. F-2005-049, dated March 30, 2005; and APEX Aircraft 
Mandatory Service Bulletin No. 040401, dated October 29, 2004.

    Issued in Kansas City, Missouri, on March 15, 2007.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-5226 Filed 3-22-07; 8:45 am]
BILLING CODE 4910-13-P
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