[Federal Register Volume 64, Number 137 (Monday, July 19, 1999)]
[Proposed Rules]
[Pages 38606-38607]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18370]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-CE-26-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes to adopt a new airworthiness directive 
(AD) that would apply to all Avions Mudry et Cie (Avions Mudry) Model 
CAP 10B airplanes. The proposed AD specifies restricting the entry 
speed for performing flick maneuvers to 97 knots. Inserting a copy of 
the proposed AD into the Limitations Section of the CAP 10B flight 
manual is also proposed, along with fabricating and installing a 
placard (in the cockpit of the airplane within the pilot's clear view) 
that indicates this limitation. The proposed AD is the result of 
mandatory continuing airworthiness information (MCAI) issued by the 
airworthiness authority for France. The actions specified by the 
proposed AD are intended to provide the flight information necessary 
for the pilot to prevent the pilot from using excessive speed during 
aerobatic maneuvers, which could result in the wing separating from the 
airplane.

DATES: Comments must be received on or before August 27, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Central Region, Office of the Regional Counsel, 
Attention: Rules Docket No. 99-CE-26-AD, Room 1558, 601 E. 12th Street, 
Kansas City, Missouri 64106. Comments may be inspected at this location 
between 8 a.m. and 4 p.m., Monday through Friday, holidays excepted.
    Service information that applies to the proposed AD may be obtained 
from Avions Mudry & Cie, 9, rue de l'Aviation, 21121 Darois, France; 
telephone: 03 80 356 65 10; facsimile 03 80 35 65 15. This information 
also may be examined at the Rules Docket at the address above.

FOR FURTHER INFORMATION CONTACT: 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:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications should identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this notice may be changed in 
light of the comments received.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report that summarizes each FAA-public contact concerned 
with the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket No. 99-CE-26-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Central Region, Office of the Regional Counsel, Attention: 
Rules Docket No. 99-CE-26-AD, Room 1558, 601 E. 12th Street, Kansas 
City, Missouri 64106.

Discussion

    The Direction Generale De L'Aviation Civile (DGAC), which is the 
airworthiness authority for France, recently notified the FAA that an 
unsafe condition may exist on all Avions Mudry Model CAP 10B airplanes. 
The DGAC reports that there is currently no airspeed limitation for 
performing flick maneuvers during aerobatic flight. The speeds listed 
in sections 4 and 7 of the CAP 10B flight manual are only 
recommendations instead of required speeds.
    Without required entry speeds for flick maneuvers when performing 
aerobatic flight, the pilot could use excessive speed and cause the 
wing to separate from the airplane.

Relevant Service Information

    Avions Mudry has issued Service Bulletin No. 990501, dated May 20, 
1999, which specifies restricting the entry speed for performing flick 
maneuvers to 97 knots by installing a placard in the cockpit of the 
aircraft that indicates this limitation.
    The DGAC classified this service bulletin as mandatory and issued 
French AD T1999-222(A), not dated, in order to assure the continued 
airworthiness of these airplanes in France.

The FAA's Determination

    This airplane model is manufactured in France and is type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, the DGAC has kept the FAA informed 
of the situation described above.
    The FAA has examined the findings of the DGAC; reviewed all 
available information, including the service information referenced 
above; and determined that AD action is necessary for products of this 
type design that are certificated for operation in the United States.

Explanation of the Provisions of the Proposed AD

    Since an unsafe condition has been identified that is likely to 
exist or develop in other Avions Mudry Model CAP 10B airplanes of the 
same type design registered in the United States, the FAA is proposing 
AD action. The proposed AD specifies restricting the entry speed for 
performing flick maneuvers to 97 knots. Inserting a copy of the 
proposed AD into the Limitations Section of the CAP 10B flight manual 
is also proposed, along with fabricating and installing a placard (in 
the cockpit of the airplane within the pilot's clear view) that 
indicates this limitation. The

[[Page 38607]]

placard will incorporate the following language:

``THE NEVER-EXCEED AIRSPEED FOR POSITIVE OR NEGATIVE FLICK-MANEUVERS 
IS 180 KM/H (97 KTS)''

Cost Impact

    The FAA estimates that 39 airplanes in the U.S. registry would be 
affected by the proposed AD. Accomplishing the proposed flight manual 
and placard requirements of this NPRM may be performed by 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), and 
must be entered into the aircraft records showing compliance with the 
proposed AD in accordance with section 43.9 of the Federal Aviation 
Regulations (14 CFR 43.9). The only cost impact of the proposed AD is 
the time it would take each owner/operator of the affected airplanes to 
insert the information into the flight manual and fabricate and install 
the placard.

Regulatory Impact

    The regulations proposed herein would 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 
proposal would 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) if promulgated, 
will not have a significant economic impact, positive or negative, on a 
substantial number of small entities under the limitation of the 
Regulatory Flexibility Act. A copy of the draft regulatory evaluation 
prepared for this action has been placed 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, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
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 adding a new airworthiness directive 
(AD) to read as follows:

Avions Mudry & Cie: Docket No. 99-CE-26-AD.

    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 (d) 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 within the next 25 hours time-in-service 
(TIS) after the effective date of this AD, unless already 
accomplished.
    To provide the flight information necessary for the pilot to 
prevent the pilot from using excessive speed during aerobatic 
maneuvers, which could result in the wing separating from the 
airplane, accomplish the following:
    (a) Restrict the entry speed for performing flick maneuvers to 
97 knots through the incorporation of the following information into 
the CAP 10B flight manual. Accomplish this by inserting a copy of 
this AD into the Limitation Section of the flight manual:

``The never-exceed airspeed for positive or negative flick-maneuvers 
is 180 km/h (97 knots).''

    (b) 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:

``THE NEVER-EXCEED AIRSPEED FOR POSITIVE OR NEGATIVE FLICK-MANEUVERS 
IS 180 KM/H (97 KTS)''

    Note 2: Although not required by this AD, the FAA recommends 
that the bonds between the plywood skins and the ribs are checked 
and corrected through the ``tapping'' method specified in Avions 
Mudry Service Bulletin No. 15. This procedure is especially 
recommended if it is suspected that the above-referenced speed 
limitation was exceeded during a previous flight.

    (c) 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.
    (d) An alternative method of compliance or adjustment of the 
compliance time that provides an equivalent level of safety may be 
approved by the Manager, Small Airplane Directorate, 1201 Walnut, 
suite 900, Kansas City, Missouri 64106. 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.

    Note 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Small Airplane Directorate.

    (e) Questions or technical information related to Avions Mudry 
Service Bulletin No. 990501, dated May 20, 1999, should be directed 
to Avions Mudry & Cie, 9, rue de l'Aviation, 21121 Darois, France; 
telephone: 03 80 356 65 10; facsimile 03 80 35 65 15. 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.

    Note 4: The subject of this AD is addressed in French AD T1999-
222(A), not dated.

    Issued in Kansas City, Missouri, on July 13, 1999.
Michael Gallagher,
Manager, Small Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 99-18370 Filed 7-16-99; 8:45 am]
BILLING CODE 4910-13-P