[Federal Register Volume 63, Number 109 (Monday, June 8, 1998)]
[Rules and Regulations]
[Pages 31104-31106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15085]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-CE-126-AD; Amendment 39-10566; AD 98-12-10]
RIN 2120-AA64


Airworthiness Directives; Avions Mudry et Cie Model CAP 10B 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment supersedes Airworthiness Directive (AD) 93-10-
11, which currently requires installing an inspection opening in the 
wing, repetitively inspecting the upper wing spar cap for cracks, and 
repairing any cracks on all Avions Mudry et Cie (Avions) Model CAP 10B 
airplanes. This AD will retain the same actions already required by AD 
93-10-11, and will add inspecting, and repairing if necessary, the 
lower surface of the wing spar. This AD is the result of mandatory 
continuing airworthiness information (MCAI) issued by the airworthiness 
authority for France. The actions specified by this AD are intended to 
prevent structural cracks in the wing spar, which could lead to loss of 
a wing and loss of control of the airplane.

DATES: Effective July 17, 1998.
    The incorporation by reference of Avions Mudry & Cie Service 
Bulletin CAP10B No. 16 (ATA 57-004), dated April 27, 1992, as listed in 
the regulations, was previously approved by the Director of the Federal 
Register, as of July 23, 1993 (58 FR 31342, June 2, 1993).
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of July 17, 1998.

ADDRESSES: Service information that applies to this AD may be obtained 
from Avions Mudry & Cie, (c/o Akrotech), 9 route del'Aviation, 
Aerodrome, 21121 Darois, France; telephone: (33) 32.43.47.34; 
facsimile: (33) 32.43.47.90. This information may also be examined at 
the Federal Aviation Administration (FAA), Central Region, Office of 
the Regional Counsel, Attention: Rules Docket No. 97-CE-126-AD, Room 
1558, 601 E. 12th Street, Kansas City, Missouri 64106; or at the Office 
of the Federal Register, 800 North Capitol Street, NW, suite 700, 
Washington, DC.

FOR FURTHER INFORMATION CONTACT: Mr. Karl M. Schletzbaum, Aerospace 
Engineer, FAA, Small Airplane Directorate, Aircraft Certification 
Service, 1201 Walnut, suite 900, Kansas City, Missouri 64106; 
telephone: (816) 426-6934; facsimile: (816) 426-2169.

SUPPLEMENTARY INFORMATION:

Events Leading to the Issuance of This AD

    A proposal to amend part 39 of the Federal Aviation Regulations (14 
CFR part 39) to include an AD that would apply to all Avions Model CAP 
10B airplanes was published in the Federal Register as a notice of 
proposed rulemaking (NPRM) on March 26, 1998 (63 FR 14660). The 
proposed AD would supersede AD 93-10-11, Amendment 39-8592 (58 FR 
31342, June 2, 1993) with a new AD that would require installing an 
inspection opening in the wing, repetitively inspecting the upper and 
lower wing spars for structural cracking, and if any cracks are found, 
repairing the cracks in accordance with a repair method provided by the

[[Page 31105]]

manufacturer through the FAA. The difference between the actions 
proposed in the NPRM and AD 93-10-11 is the addition of the inspections 
and possible repairs of the lower wing spar.
    Accomplishment of the proposed action as specified in the NPRM 
would be in accordance with Avions Mudry & Cie Service Bulletin No. 15, 
CAP10B-57-003, Revision 1, dated April 3, 1996, and Avions SB CAP 10B 
No. 16 (ATA 57-004), dated April 27, 1992.
    The NPRM was the result of mandatory continuing airworthiness 
information (MCAI) issued by the airworthiness authority for France.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were received on the 
proposed rule or the FAA's determination of the cost to the public.

The FAA's Determination

    After careful review of all available information related to the 
subject presented above, the FAA has determined that air safety and the 
public interest require the adoption of the rule as proposed except for 
minor editorial corrections. The FAA has determined that these minor 
corrections will not change the meaning of the AD and will not add any 
additional burden upon the public than was already proposed.

Cost Impact

    The FAA estimates that 37 airplanes in the U.S. registry will be 
affected by this AD, that it will take approximately 5 workhours per 
airplane to accomplish this action, and that the average labor rate is 
approximately $60 an hour. Based on these figures, the total cost 
impact of this AD on U.S. operators is estimated to be $11,100, or $300 
per airplane.

Regulatory Impact

    The regulations adopted herein will not have substantial direct 
effects 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. Therefore, in 
accordance with Executive Order 12612, it is determined that this final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that this action (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. A copy of the final evaluation prepared for this 
action is contained in the Rules Docket. A copy of it may be obtained 
by contacting the Rules Docket at the location provided under the 
caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (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. Section 39.13 is amended by removing Airworthiness Directive 
(AD) 93-10-11, Amendment No. 39-8592, and by adding a new AD to read as 
follows:

98-12-10  Avions Mudry Et Cie: Amendment 39-10566; Docket No. 97-CE-
126-AD; Supersedes AD 93-10-11, Amendment 39-8592.

    Applicability: Model CAP 10B airplanes, all serial numbers, 
certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (e) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated in the body of this AD, unless 
already accomplished.
    To prevent structural cracks in the wing spars, which could lead 
to loss of a wing and loss of control of the airplane, accomplish 
the following:
    (a) For airplanes having a serial number of 263 or lower, within 
the next 100 hours time-in-service (TIS) after July 23, 1993 (the 
effective date of AD 93-10-11, Amendment 39-8592), install a 
permanent inspection opening in each wing in accordance with the 
Technical Instructions section of Avions Mudry & Cie (Avions) 
Service Bulletin (SB) CAP 10B No. 16 (ATA 57-004), dated April 27, 
1992.

    Note 2: The installation specified in paragraph (a) of this AD 
is incorporated during production for airplanes having a serial 
number of 264 or higher.

    (b) For all serial numbers, within the next 100 hours TIS after 
the effective date of this AD, or within the next 1,000 hours TIS 
after the last inspection required in accordance with AD 93-10-11, 
Amendment 39-8592, whichever occurs later, unless already 
accomplished, and thereafter at intervals not to exceed 1,000 hours 
TIS, inspect the upper and lower wing surfaces of both wing spars 
for cracks in accordance with Avions SB No. 15, CAP10B-57-003, 
Revision 1, dated April 3, 1996.
    (c) If any cracks are found, prior to further flight, repair the 
cracks with a repair scheme obtained from the manufacturer through 
the FAA Project Officer at the Small Airplane Directorate, 1201 
Walnut, suite 900, Kansas City, Missouri 64106.

    Note 3: The compliance times required in this AD take precedence 
over the compliance times stated in Avions SB No. 15, CAP10B-57-003, 
Revision 1, dated April 3, 1996.

    (d) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 
21.197 and 21.199) to operate the airplane to a location where the 
requirements of this AD can be accomplished.
    (e) An alternative method of compliance or adjustment of the 
compliance times that provides an equivalent level of safety may be 
approved by the Manager, Small Airplane Directorate, 1201 Walnut, suite 
900, Kansas City, Missouri 64106.
    (1) The request shall be forwarded through an appropriate FAA 
Maintenance Inspector, who may add comments and then send it to the 
Manager, Small Airplane Directorate.
    (2) Alternative methods of compliance approved in accordance with 
AD 93-10-11 are not considered approved as alternative methods of 
compliance for this AD.

    Note 4: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Small Airplane Directorate.

    (f) Questions or technical information related to Avions SB No. 
15, CAP10B-57-003, Revision 1, dated April 3, 1996, and Avions SB 
CAP 10B No. 16 (ATA 57-004), dated April 27, 1992, should be 
directed to Avions Mudry & Cie, B.P. 214, 27300 Bernay, France; 
telephone: (33) 32 43 47 34; facsimile: (33) 32 43 47 90. This 
service information may be examined at the FAA, Central Region, 
Office of the Regional Counsel, Room 1558, 601 E. 12th Street, 
Kansas City, Missouri 64106.

[[Page 31106]]

    (g) The modification required by this AD shall be done in 
accordance with Avions Mudry & Cie Service Bulletin CAP 10B No. 16 
(ATA 57-004), dated April 27, 992. The inspections required by this 
AD shall be done in accordance with Avions Mudry & Cie Service 
Bulletin No. 15, CAP10B-57-003, Revision 1, dated April 3, 1996.
    (1) The incorporation by reference of Avions Mudry & Cie Service 
Bulletin No. 16 (ATA 57-004), dated April 27, 1992, was previously 
approved by the Director of the Federal Register as of July 23, 1993 
(58 FR 31342, June 2, 1993).
    (2) The incorporation by reference of Avions Mudry & Cie Service 
Bulletin No. 15, CAP10B-57-003, Revision 1, dated April 3, 1996, was 
approved by the Director of the Federal Register in accordance with 
5 U.S.C. 552(a) and 1 CFR part 51.
    (3) Copies may be obtained from Avions Mudry & Cie, (c/o 
Akrotech), 9 route del'Aviation, Aerodrome, 21121 Darois, France. 
Copies may be inspected at the FAA, Central Region, Office of the 
Regional Counsel, Room 1558, 601 E. 12th Street, Kansas City, 
Missouri, or at the Office of the Federal Register, 800 North 
Capitol Street, NW, suite 700, Washington, DC.

    Note 5: The subject of this AD is addressed in French AD 92-
240(A)R1, dated October 22, 1997.

    (h) This amendment supersedes AD 93-10-11, Amendment 39-8592.
    (i) This amendment becomes effective on July 17, 1998.

    Issued in Kansas City, Missouri, on May 29, 1998.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 98-15085 Filed 6-5-98; 8:45 am]
BILLING CODE 4910-13-U