Airworthiness Directives; APEX Aircraft Model CAP 10 B Airplanes, 12845-12847 [2011-5101]
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Federal Register / Vol. 76, No. 46 / Wednesday, March 9, 2011 / Rules and Regulations
applicable normal nonoperating temperature
shall be as described in sections 2.9.3.1,
2.9.3.2, 2.9.3.3, and 2.9.3.4, as applicable.
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2.9.1.3 Standby mode and off mode watt
meter. The watt meter used to measure
standby mode and off mode shall have a
resolution as specified in Section 4,
Paragraph 4.5 of IEC 62301 (incorporated by
reference; see § 430.3). The watt meter shall
also be able to record a ‘‘true’’ average power
as specified in Section 5, Paragraph 5.3.2(a)
of IEC 62301.
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3. Test Methods and Measurements
3.1. Test methods.
3.1.1 Conventional oven. Perform a test
by establishing the testing conditions set
forth in section 2, ‘‘TEST CONDITIONS,’’ of
this Appendix, and adjust any pilot lights of
a conventional gas oven in accordance with
the manufacturer’s instructions and turn off
the gas flow to the conventional cooking top,
if so equipped. Before beginning the test, the
conventional oven shall be at its normal
nonoperating temperature as defined in
section 1.7 and described in section 2.6. Set
the conventional oven test block W1
approximately in the center of the usable
baking space. If there is a selector switch for
selecting the mode of operation of the oven,
set it for normal baking. If an oven permits
baking by either forced convection by using
a fan, or without forced convection, the oven
is to be tested in each of those two modes.
The oven shall remain on for at least one
complete thermostat ‘‘cut-off/cut-on’’ of the
electrical resistance heaters or gas burners
after the test block temperature has increased
234 °F (130 °C) above its initial temperature.
3.1.1.1 Self-cleaning operation of a
conventional oven. Establish the test
conditions set forth in section 2, ‘‘TEST
CONDITIONS,’’ of this Appendix. Adjust any
pilot lights of a conventional gas oven in
accordance with the manufacturer’s
instructions and turn off the gas flow to the
conventional cooking top. The temperature of
the conventional oven shall be its normal
nonoperating temperature as defined in
section 1.7 and described in section 2.6.
Then set the conventional oven’s selfcleaning process in accordance with the
manufacturer’s instructions. If the selfcleaning process is adjustable, use the
average time recommended by the
manufacturer for a moderately soiled oven.
mstockstill on DSKH9S0YB1PROD with RULES
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3.1.2 Conventional cooking top. Establish
the test conditions set forth in section 2,
‘‘TEST CONDITIONS,’’ of this Appendix.
Adjust any pilot lights of a conventional gas
cooking top in accordance with the
manufacturer’s instructions and turn off the
gas flow to the conventional oven(s), if so
equipped. The temperature of the
conventional cooking top shall be its normal
nonoperating temperature as defined in
section 1.7 and described in section 2.6. Set
the test block in the center of the surface unit
under test. The small test block, W2, shall be
used on electric surface units of 7 inches (178
mm) or less in diameter. The large test block,
W3, shall be used on electric surface units
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15:00 Mar 08, 2011
Jkt 223001
12845
over 7 inches (177.8 mm) in diameter and on
all gas surface units. Turn on the surface unit
under test and set its energy input rate to the
maximum setting. When the test block
reaches 144 °F (80 °C) above its initial test
block temperature, immediately reduce the
energy input rate to 25 ± 5 percent of the
maximum energy input rate. After 15 ± 0.1
minutes at the reduced energy setting, turn
off the surface unit under test.
DEPARTMENT OF TRANSPORTATION
*
Airworthiness Directives; APEX
Aircraft Model CAP 10 B Airplanes
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3.1.3 Microwave oven.
3.1.3.1 Microwave oven test standby
mode and off mode power. Establish the
testing conditions set forth in section 2,
‘‘TEST CONDITIONS,’’ of this Appendix. For
microwave ovens that drop from a higher
power state to a lower power state as
discussed in Section 5, Paragraph 5.1, Note
1 of IEC 62301 (incorporated by reference;
see section 430.3), allow sufficient time for
the microwave oven to reach the lower power
state before proceeding with the test
measurement. Follow the test procedure as
specified in Section 5, Paragraph 5.3 of IEC
62301. For units in which power varies as a
function of displayed time in standby mode,
set the clock time to 3:23 and use the average
power approach described in Section 5,
Paragraph 5.3.2(a), but with a single test
period of 10 minutes +0/¥2 sec after an
additional stabilization period until the clock
time reaches 3:33. If a microwave oven is
capable of operation in either standby mode
or off mode, as defined in sections 1.12 and
1.8, respectively, or both, test the microwave
oven in each mode in which it can operate.
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3.2.3 Microwave oven test standby mode
and off mode power. Make measurements as
specified in Section 5, Paragraph 5.3 of IEC
62301 (incorporated by reference; see
§ 430.3). If the microwave oven is capable of
operating in standby mode, measure the
average standby mode power of the
microwave oven, PSB, in watts as specified in
section 3.1.3.1. If the microwave oven is
capable of operating in off mode, measure the
average off mode power of the microwave
oven, POFF, as specified in section 3.1.3.1.
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3.3.13 Record the average standby mode
power, PSB, for the microwave oven standby
mode, as determined in section 3.2.3 for a
microwave oven capable of operating in
standby mode. Record the average off mode
power, POFF, for the microwave oven off
mode power test, as determined in section
3.2.3 for a microwave oven capable of
operating in off mode.
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[FR Doc. 2011–5044 Filed 3–8–11; 8:45 am]
BILLING CODE 6450–01–P
PO 00000
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Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2010–1296; Directorate
Identifier 2010–CE–063–AD; Amendment
39–16625; AD 2011–06–01]
RIN 2120–AA64
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
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:
SUMMARY:
A fatal accident occurred to a CAP 10C, in
which the pilot lost control of the aeroplane.
The following investigation has revealed
that the probable cause of the accident was
the improper locking of a turnbuckle (locking
clip missing) of the flight control cables, and
the subsequent inadvertent release of the
pitchup control cable from the turnbuckle.
We are issuing this AD to require
actions to correct the unsafe condition
on these products.
DATES: This AD becomes effective April
13, 2011.
ADDRESSES: You may examine the AD
docket on the Internet at https://
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 December 30, 2010 (75 FR
82335). That NPRM proposed to correct
an unsafe condition for the specified
products. The MCAI states:
E:\FR\FM\09MRR1.SGM
09MRR1
12846
Federal Register / Vol. 76, No. 46 / Wednesday, March 9, 2011 / Rules and Regulations
A fatal accident occurred to a CAP 10C, in
which the pilot lost control of the aeroplane.
The following investigation has revealed
that the probable cause of the accident was
the improper locking of a turnbuckle (locking
clip missing) of the flight control cables, and
the subsequent inadvertent release of the
pitchup control cable from the turnbuckle.
For the above described reasons, this AD
requires repetitive inspections to verify the
correct installation of the turnbuckles of the
flight control cables and, if foreseen by the
applicable design configuration of the
turnbuckles and found to be missing, to
restore the locking clip and the safety wire.
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
28 products of U.S. registry. We also
estimate that it will take about 3 workhours per product to comply with the
basic requirements of this AD. The
average labor rate is $85 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 $9,940 or $355 per product.
mstockstill on DSKH9S0YB1PROD with RULES
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.
VerDate Mar<15>2010
15:00 Mar 08, 2011
Jkt 223001
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 https://
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
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
PO 00000
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Fmt 4700
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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:
■
2011–06–01 APEX Aircraft: Amendment
39–16625; Docket No. FAA–2010–1296;
Directorate Identifier 2010–CE–063–AD.
Effective Date
(a) This airworthiness directive (AD)
becomes effective April 13, 2011.
Affected ADs
(b) None.
Applicability
(c) This AD applies to APEX Aircraft
Model CAP10 B and CAP10 B airplanes with
Major Change 000302 (commercial name
CAP10C), all serial numbers, certificated in
any category.
Subject
(d) Air Transport Association of America
(ATA) Code 27: Flight Controls.
Reason
(e) The mandatory continuing
airworthiness information (MCAI) states:
A fatal accident occurred to a CAP 10C, in
which the pilot lost control of the aeroplane.
The following investigation has revealed
that the probable cause of the accident was
the improper locking of a turnbuckle (locking
clip missing) of the flight control cables, and
the subsequent inadvertent release of the
pitchup control cable from the turnbuckle.
For the above described reasons, this AD
requires repetitive inspections to verify the
correct installation of the turnbuckles of the
flight control cables and, if foreseen by the
applicable design configuration of the
turnbuckles and found to be missing, to
restore the locking clip and the safety wire.
Actions and Compliance
(f) Unless already done, do the following
actions:
(1) Within the next 2 months after April 13,
2011 (the effective date of this AD):
(i) If the turnbuckles are designed to be
locked with locking clips and safety wire,
verify that the locking clips are properly
installed in the corresponding groove, that
the safety wire of a minimum diameter of 0.8
millimeter (mm) is correctly installed, and
that there is no damage to the whole
turnbuckle installation.
(ii) For all other designs of turnbuckles,
verify the correct installation of the safety
locking devices.
(iii) If any discrepancy is found during the
inspection required by paragraph (f)(1)(i) or
(f)(1)(ii) of this AD, before further flight,
restore the correct turnbuckle installation in
accordance with standard maintenance
practice.
(2) Repeat the inspection required by
paragraph (f)(1)(i) or (f)(1)(ii) of this AD, as
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09MRR1
Federal Register / Vol. 76, No. 46 / Wednesday, March 9, 2011 / Rules and Regulations
applicable to the turnbuckles design, and the
associated corrective actions required by
paragraph (f)(1)(iii) of this AD at intervals not
to exceed 110 hours time-in-service or 13
months since the last inspection, whichever
occurs first.
Issued in Kansas City, Missouri, on
February 28, 2011.
John Colomy,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
FAA AD Differences
BILLING CODE 4910–13–P
Note: This AD differs from the MCAI and/
or service information as follows: No
differences.
mstockstill on DSKH9S0YB1PROD with RULES
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 FAAapproved 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, a Federal
agency may not conduct or sponsor, and a
person is not required to respond to, nor
shall a person be subject to a penalty for
failure to comply with a collection of
information subject to the requirements of
the Paperwork Reduction Act unless that
collection of information displays a current
valid OMB Control Number. The OMB
Control Number for this information
collection is 2120–0056. Public reporting for
this collection of information is estimated to
be approximately 5 minutes per response,
including the time for reviewing instructions,
completing and reviewing the collection of
information. All responses to this collection
of information are mandatory. Comments
concerning the accuracy of this burden and
suggestions for reducing the burden should
be directed to the FAA at: 800 Independence
Ave., SW., Washington, DC 20591, Attn:
Information Collection Clearance Officer,
AES–200.
Related Information
(h) Refer to MCAI European Aviation
Safety Agency (EASA) AD No.: 2010–0233,
dated November 26, 2010, for related
information.
VerDate Mar<15>2010
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[FR Doc. 2011–5101 Filed 3–8–11; 8:45 am]
12847
Therefore, under the Federal Food,
Drug, and Cosmetic Act and under
authority delegated to the Commissioner
of Food and Drugs, 21 CFR part 201 is
amended as follows:
PART 201—LABELING
1. The authority citation for 21 CFR
part 201 continues to read as follows:
■
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
Authority: 21 U.S.C. 321, 331, 351, 352,
353, 355, 358, 360, 360b, 360gg-360ss, 371,
374, 379e; 42 U.S.C. 216, 241, 262, 264.
2. Section 201.25 is amended by
revising paragraph (d)(2) to read as
follows:
■
21 CFR Part 201
[Docket No. FDA–2011–N–0101]
Change of Address; Requests for
Exemption From the Bar Code Label
Requirements
AGENCY:
Food and Drug Administration,
HHS.
Final rule; technical
amendment.
ACTION:
The Food and Drug
Administration (FDA) is amending its
regulations to update the address for
submitting bar code exemption requests
to the Center for Drug Evaluation and
Research (CDER). This action is being
taken to ensure accuracy and clarity in
the Agency’s regulations.
DATES: This rule is effective March 9,
2011.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Rikin Mehta, Center for Drug Evaluation
and Research, Food and Drug
Administration, 10903 New Hampshire
Ave., Bldg. 51, Rm. 5235, Silver Spring,
MD 20993–0002, 301–796–3937.
SUPPLEMENTARY INFORMATION: FDA is
amending 21 CFR 201.25(d)(2) to update
the address for submitting bar code
exemption requests to CDER. The new
address for these submissions is Office
of Compliance, Center for Drug
Evaluation and Research, Food and
Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, Silver Spring,
MD 20993–0002. This action is being
taken to ensure accuracy and clarity in
the Agency’s regulations.
Publication of this document
constitutes final action on these changes
under the Administrative Procedure Act
(5 U.S.C. 553). FDA has determined that
notice and public comment are
unnecessary because this amendment to
the regulations provides only technical
changes to update an address for
submitting bar code exemption requests
to CDER.
List of Subjects in 21 CFR Part 201
Drugs, Labeling, Reporting and
recordkeeping requirements.
PO 00000
Frm 00023
Fmt 4700
Sfmt 4700
§ 201.25
Bar code label requirements.
*
*
*
*
*
(d) * * *
(2) Requests for an exemption should
be sent to the Office of Compliance,
Center for Drug Evaluation and
Research, Food and Drug
Administration, 10903 New Hampshire
Ave., Bldg. 51, Silver Spring, MD
20993–0002 (requests involving a drug
product) or to the Office of Compliance
and Biologics Quality (HFM–600),
Center for Biologics Evaluation and
Research, Food and Drug
Administration, 1401 Rockville Pike,
Rockville, MD 20852 (requests involving
a biological product).
Dated: March 3, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2011–5288 Filed 3–8–11; 8:45 am]
BILLING CODE 4160–01–P
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
23 CFR Part 460
RIN 2125–AF42
Public Road Mileage for
Apportionment of Highway Safety
Funds; Correction
Federal Highway
Administration (FHWA), DOT.
ACTION: Correcting amendment.
AGENCY:
This rule makes a technical
correction to the regulations found at 23
CFR 460.2(e). The amendment
contained herein makes no substantive
change to the FHWA regulations,
policies, or procedures. This rule
updates the language of a regulatory
definition to be consistent with the
statutory definition for the Highway
Safety Program.
DATES: This rule is effective April 8,
2011.
SUMMARY:
E:\FR\FM\09MRR1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 46 (Wednesday, March 9, 2011)]
[Rules and Regulations]
[Pages 12845-12847]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-5101]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-1296; Directorate Identifier 2010-CE-063-AD;
Amendment 39-16625; AD 2011-06-01]
RIN 2120-AA64
Airworthiness Directives; APEX Aircraft Model CAP 10 B Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
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:
A fatal accident occurred to a CAP 10C, in which the pilot lost
control of the aeroplane.
The following investigation has revealed that the probable cause
of the accident was the improper locking of a turnbuckle (locking
clip missing) of the flight control cables, and the subsequent
inadvertent release of the pitchup control cable from the
turnbuckle.
We are issuing this AD to require actions to correct the unsafe
condition on these products.
DATES: This AD becomes effective April 13, 2011.
ADDRESSES: You may examine the AD docket on the Internet at https://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 December 30, 2010
(75 FR 82335). That NPRM proposed to correct an unsafe condition for
the specified products. The MCAI states:
[[Page 12846]]
A fatal accident occurred to a CAP 10C, in which the pilot lost
control of the aeroplane.
The following investigation has revealed that the probable cause
of the accident was the improper locking of a turnbuckle (locking
clip missing) of the flight control cables, and the subsequent
inadvertent release of the pitchup control cable from the
turnbuckle.
For the above described reasons, this AD requires repetitive
inspections to verify the correct installation of the turnbuckles of
the flight control cables and, if foreseen by the applicable design
configuration of the turnbuckles and found to be missing, to restore
the locking clip and the safety wire.
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 28 products of U.S. registry.
We also estimate that it will take about 3 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 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 $9,940 or $355 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 https://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
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]
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2. The FAA amends Sec. 39.13 by adding the following new AD:
2011-06-01 APEX Aircraft: Amendment 39-16625; Docket No. FAA-2010-
1296; Directorate Identifier 2010-CE-063-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective April
13, 2011.
Affected ADs
(b) None.
Applicability
(c) This AD applies to APEX Aircraft Model CAP10 B and CAP10 B
airplanes with Major Change 000302 (commercial name CAP10C), all
serial numbers, certificated in any category.
Subject
(d) Air Transport Association of America (ATA) Code 27: Flight
Controls.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
A fatal accident occurred to a CAP 10C, in which the pilot lost
control of the aeroplane.
The following investigation has revealed that the probable cause
of the accident was the improper locking of a turnbuckle (locking
clip missing) of the flight control cables, and the subsequent
inadvertent release of the pitchup control cable from the
turnbuckle.
For the above described reasons, this AD requires repetitive
inspections to verify the correct installation of the turnbuckles of
the flight control cables and, if foreseen by the applicable design
configuration of the turnbuckles and found to be missing, to restore
the locking clip and the safety wire.
Actions and Compliance
(f) Unless already done, do the following actions:
(1) Within the next 2 months after April 13, 2011 (the effective
date of this AD):
(i) If the turnbuckles are designed to be locked with locking
clips and safety wire, verify that the locking clips are properly
installed in the corresponding groove, that the safety wire of a
minimum diameter of 0.8 millimeter (mm) is correctly installed, and
that there is no damage to the whole turnbuckle installation.
(ii) For all other designs of turnbuckles, verify the correct
installation of the safety locking devices.
(iii) If any discrepancy is found during the inspection required
by paragraph (f)(1)(i) or (f)(1)(ii) of this AD, before further
flight, restore the correct turnbuckle installation in accordance
with standard maintenance practice.
(2) Repeat the inspection required by paragraph (f)(1)(i) or
(f)(1)(ii) of this AD, as
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applicable to the turnbuckles design, and the associated corrective
actions required by paragraph (f)(1)(iii) of this AD at intervals
not to exceed 110 hours time-in-service or 13 months since the last
inspection, whichever occurs first.
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, a Federal agency may not conduct or sponsor, and a person
is not required to respond to, nor shall a person be subject to a
penalty for failure to comply with a collection of information
subject to the requirements of the Paperwork Reduction Act unless
that collection of information displays a current valid OMB Control
Number. The OMB Control Number for this information collection is
2120-0056. Public reporting for this collection of information is
estimated to be approximately 5 minutes per response, including the
time for reviewing instructions, completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Comments concerning the accuracy of this
burden and suggestions for reducing the burden should be directed to
the FAA at: 800 Independence Ave., SW., Washington, DC 20591, Attn:
Information Collection Clearance Officer, AES-200.
Related Information
(h) Refer to MCAI European Aviation Safety Agency (EASA) AD No.:
2010-0233, dated November 26, 2010, for related information.
Issued in Kansas City, Missouri, on February 28, 2011.
John Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-5101 Filed 3-8-11; 8:45 am]
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