[Federal Register Volume 67, Number 127 (Tuesday, July 2, 2002)]
[Proposed Rules]
[Pages 44404-44407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-16533]



[[Page 44404]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-CE-04-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes to supersede Airworthiness Directive 
(AD) 98-12-10 and AD 99-21-23, which currently apply to Avions Mudry et 
Cie (Avions Mudry) Model CAP 10 B airplanes. AD 98-12-10 requires 
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. AD 99-21-23 requires restricting the entry speed for performing 
flick maneuvers to 97 knots, inserting a copy of the AD into the 
Limitations Section of the CAP 10B flight manual, and fabricating and 
installing a placard (in the cockpit of the airplane within the pilot's 
clear view) that indicates this limitation. This proposed AD is the 
result of mandatory continuing airworthiness information (MCAI) issued 
by the airworthiness authority for France. This proposed AD would 
retain the wing modification and repair requirements from AD 98-12-10. 
This proposed AD would also incorporate new repetitive inspection 
procedures, further reduce the flick maneuver speed specified in AD 99-
21-23, and temporarily reduce the load factor limits prior to the 
initial inspection. The actions specified by this proposed AD are 
intended to provide the flight information necessary to the pilot so 
that excessive speed is not used during aerobatic maneuvers and to 
detect and correct structural cracks in the wing spar, which could 
result in the wing separating from the airplane. Such failure could 
lead to loss of control of the airplane.

DATES: The Federal Aviation Administration (FAA) must receive any 
comments on this rule on or before August 1, 2002.

ADDRESSES: Submit comments to FAA, Central Region, Office of the 
Regional Counsel, Attention: Rules Docket No. 2002-CE-04-AD, 901 
Locust, Room 506, Kansas City, Missouri 64106. You may view any 
comments at this location between 8 a.m. and 4 p.m., Monday through 
Friday, except Federal holidays. You may also send comments 
electronically to the following address: [email protected]. 
Comments sent electronically must contain ``Docket No. 2002-CE-04-AD'' 
in the subject line. If you send comments electronically as attached 
electronic files, the files must be formatted in Microsoft Word 97 for 
Windows or ASCII text.
    You may get service information that applies to this proposed AD 
from APEX Aircraft, 1 Route de Troyes, F21121 Darois, France; 
telephone: +33 (380) 356 510; facsimile: +33 (380) 356 515. You may 
also view this information at the Rules Docket at the address above.

FOR FURTHER INFORMATION CONTACT: S.M. Nagarajan, Aerospace Engineer, 
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4145; facsimile: (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Comments Invited

How Do I Comment on This Proposed AD?

    The FAA invites comments on this proposed rule. You may submit 
whatever written data, views, or arguments you choose. You need to 
include the rule's docket number and submit your comments to the 
address specified under the caption ADDRESSES. We will consider all 
comments received on or before the closing date. We may amend this 
proposed rule in light of comments received. Factual information that 
supports your ideas and suggestions is extremely helpful in evaluating 
the effectiveness of this proposed AD action and determining whether we 
need to take additional rulemaking action.

Are There Any Specific Portions of This Proposed AD I Should Pay 
Attention to?

    The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed rule that 
might suggest a need to modify the rule. You may view all comments we 
receive before and after the closing date of the rule in the Rules 
Docket. We will file a report in the Rules Docket that summarizes each 
contact we have with the public that concerns the substantive parts of 
this proposed AD.

How Can I Be Sure FAA Receives My Comment?

    If you want FAA to acknowledge the receipt of your mailed comments, 
you must include a self-addressed, stamped postcard. On the postcard, 
write ``Comments to Docket No. 2002-CE-04-AD.'' We will date stamp and 
mail the postcard back to you.

Discussion

Has FAA Taken Any Action to This Point?

    The Direction Generale De L'Aviation Civile (DGAC), which is the 
airworthiness authority for France, notified FAA that it was receiving 
reports of cracks on the upper and lower surfaces of the wing spar. The 
DGAC reported that the cracking was occurring as a result of exceeding 
the load limit determined for the airplane, executing snap roll 
maneuvers outside the envelope for which the airplane is certificated, 
and experiencing repetitive hard landings. This condition caused us to 
issue AD 98-12-10, Amendment 39-10566 (63 FR 31104, June 8, 1988). AD 
98-12-10 requires the following on Model CAP 10 B airplanes, all serial 
numbers through 263:

--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.

    Accomplishment of these actions is required in accordance with 
Avions Mudry Service Bulletin No. 15, CAP10B-57-003, Revision 1, dated 
April 3, 1996, and Avions Mudry Service Bulletin CAP10B No. 16 (ATA 57-
004), dated April 27, 1992.
    The DGAC also reported that there was 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. This situation caused us to issue 
AD 99-21-23, Amendment 39-11368 (64 FR 55416, October 13, 1999). AD 99-
21-23 requires the following on Model CAP 10 B airplanes, all serial 
numbers:

--Restricting the entry speed for performing flick maneuvers to 97 
knots;
--Inserting a copy of the AD into the Limitations Section of the CAP 
10B flight manual; and
--Fabricating and installing a placard (in the cockpit of the airplane 
within the pilot's clear view).

[[Page 44405]]

What Has Happened Since AD 98-12-10 and AD 99-21-23 To Initiate This 
Action?

    The DGAC notified the FAA that an unsafe condition may still exist 
on all Avions Mudry Model CAP 10 B airplanes, which creates the need to 
change AD 98-12-10 and AD 99-21-23. The DGAC reports that additional 
fractures in the wing spar are being found that were not detected using 
the inspection procedures specified in AD 98-12-10.

Is There Service Information That Applies to This Subject?

    APEX Aircraft has issued the following service information:

--CAP10B--Upper spar cap inspection Document No. 1000913GB, Revision 
No. 00, dated April 2, 2002;
--CAP10B--Landing gear attachment blocks inspection Document No. 
1000914GB, Revision No. 00, dated April 2, 2002; and
--CAP10B--Main spar undersurface inspection Document No. 1000915GB, 
Revision No. 00, dated April 2, 2002.

What Are the Provisions of These Service Documents?

    These service documents include procedures for inspecting specified 
sections of the wing spar for cracks.

What Action Did the DGAC Take?

    The DGAC classified these service documents as mandatory and issued 
French AD Number 2001-616(A) R1, dated May 29, 2002, in order to ensure 
the continued airworthiness of these airplanes in France.

Was This in Accordance With the Bilateral Airworthiness Agreement?

    These airplane models are manufactured in France and are 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 FAA informed of the situation described above.

The FAA's Determination and an Explanation of the Provisions of the 
Proposed AD

What Has FAA Decided?

    The FAA has examined the findings of the DGAC; reviewed all 
available information, including the service information referenced 
above; and determined that:

--The unsafe condition referenced in this document exists or could 
develop on all Avions Mudry Model CAP 10 B airplanes of the same type 
design that are on the U.S. registry;
--The actions specified in the previously-referenced service 
information should be accomplished on the affected airplanes; and
--AD action should be taken in order to correct this unsafe condition.
What Would the Proposed AD Require? This proposed AD Would Supersede AD 
98-12-10 and AD 99-21-23 with a new AD that would require the 
following:

--Installing an inspecting opening in each wing;
--Temporarily reducing the load factor limits until completion of the 
initial inspection of the upper and lower surfaces of the wing spar and 
landing gear attachment blocks and are found free of cracks;
--Repetitively inspecting the upper and lower surfaces of the wing spar 
and the landing gear attachment blocks for cracks;
--Reducing the flick maneuver speed;
--Inserting a copy of the AD into the Limitation Section of the CAP 10B 
flight manual; and
--Fabricating and installing a placard that indicates the flick 
maneuver speed in the cockpit in the pilot's clear view. The placard 
will incorporate the following language:
``The Never-Exceed Airspeed for Positive or Negative Flick Maneuvers Is 
160 KM/H (86 KTS)''

Cost Impact

How Many Airplanes Would This Proposed AD Impact?

    We estimate that this proposed AD affects 36 airplanes in the U.S. 
registry.

What Would Be the Cost Impact of This Proposed AD on Owners/Operators 
of the Affected Airplanes?

    We estimate the following costs to accomplish the proposed 
installation of the inspection opening:

----------------------------------------------------------------------------------------------------------------
                                                              Total cost  per
             Labor cost                     Parts cost            airplane        Total cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
18 work hours x $60 per hour =        No parts required to            $1,080   $1,080 x 36 = $38,880
 $1,080.                               make the inspection.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to accomplish the proposed 
inspection(s):

----------------------------------------------------------------------------------------------------------------
                                                              Total cost  per
             Labor cost                     Parts cost            airplane        Total cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
5 workhours x $60 per hour = $300...  No parts required to              $300   $300 x 36 = $10,800
                                       perform the
                                       inspection.
----------------------------------------------------------------------------------------------------------------

    The FAA has no method of determining the number of repetitive 
inspections each owner/operator would incur over the life of each of 
the affected airplanes so the cost impact is based on the initial 
inspection.
    The FAA has no method of determining the number of repairs each 
owner/operator would incur over the life of each of the affected 
airplanes based on the results of the proposed inspections. We have no 
way of determining the number of airplanes that may need such repair. 
The extent of damage may vary on each airplane.
    Accomplishing the proposed flight manual and placard requirements 
of this proposed AD 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 this proposed AD in 
accordance with section 43.9 of the Federal Aviation Regulations (14 
CFR 43.9). The only cost impact of this proposed action 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.

[[Page 44406]]

What Is the Difference Between the Cost Impact of This Proposed AD and 
the Cost Impacts of AD 98-12-10 and AD 99-21-23?

    The only difference between this proposed AD and AD 98-12-10 and AD 
99-21-23 is the change of inspection procedures. The FAA has determined 
that the costs of these proposed changes are minimal and does not 
increase the cost impact over that already required by the previous 
ADs.

Regulatory Impact

Would This Proposed AD Impact Various Entities?

    The regulations proposed herein 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. Therefore, it 
is determined that this proposed rule would not have federalism 
implications under Executive Order 13132.

Would This Proposed AD Involve a Significant Rule or Regulatory Action?

    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 criteria 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, under the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 14 
CFR part 39 of the Federal Aviation Regulations 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. FAA amends Sec. 39.13 by removing Airworthiness Directive (AD) 
98-12-10, Amendment 39-10566 (63 FR 31104, June 8, 1988), and AD 99-21-
23, Amendment 39-11368 (64 FR 55416, October 13, 1999), and by adding a 
new AD to read as follows:

Avions Mudry et Cie: Docket No. 2002-CE-04-AD; Supersedes AD 98-12-
10, Amendment 39-10566, and AD 99-21-23, Amendment 39-11368.

    (a) What airplanes are affected by this AD? This AD affects 
Model CAP 10B airplanes, all serial numbers, that are certificated 
in any category.
    (b) Who must comply with this AD? Anyone who wishes to operate 
any of airplanes identified in paragraph (a) of this AD must comply 
with this AD.
    (c) What problem does this AD address? The actions specified by 
this AD are intended to provide the flight information necessary to 
the pilot so that excessive speed is not used during aerobatic 
maneuvers and to detect and correct structural cracks in the wing 
spar, which could result in the wing separating from the airplane. 
Such failure could lead to loss of control of the airplane.
    (d) What actions must I accomplish to address this problem? To 
address this problem, you must accomplish the following:

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) For CAP 10 B airplanes,   Within the next 100   In accordance with
 all serial numbers through    hours time-in-        Avions Mudry
 263, install a permanent      service (TIS) after   Service Bulletin
 inspection opening in the     July 23, 1993 (the    CAP10B No. 16 (ATA
 No. 1 wing rib. Inspection    effective date of     57-004), dated
 openings are incorporated     AD 93-10-11, which    April 27, 1992.
 during production for         was superseded by
 airplanes having a serial     AD 98-12-10),
 number of 264 or higher.      unless already
                               accomplished.
------------------------------------------------------------------------
(2) For all airplanes,        Within the next 25    Accomplish the
 accomplish the following:     hours TIS after the   limitations of
 (i) Restrict the load         effective date of     paragraphs
 factors limitation to +5 & -  this AD.              (d)(2)(i) and
 3 G's.                                              (d)(2)(ii) of this
(ii) Restrict the entry                              AD by inserting a
 speed for performing flick                          copy of the AD into
 maneuvers to 86 knots                               the Limitations
 through the incorporation                           Section of the CAP
 of the following                                    10B flight manual.
 information into the CAP                            The owner/operator
 10B flight manual: ``The                            holding at least a
 never-exceed airspeed for                           private pilot
 positive or negative flick                          certificate as
 maneuvers is 160 km/h (86                           authorized by
 knots).''..                                         section 43.7 of the
(iii) Fabricate a placard                            Federal Aviation
 that incorporates the                               Regualtions (14 CFR
 following words (using at                           43.7) may
 least \1/8\-inch letters)                           accomplish this
 and install this placard on                         flight manual
 the instrument panel within                         insertion and the
 the pilots clear view: THE                          placard
 NEVER EXCEED AIRSPEED FOR                           requirements of
 POSITIVE OR NEGATIVE FLICK                          paragraph
 MANEUVERS IS 160 KM/H (86                           (d)(2)(iii) of this
 KNOTS)''.                                           AD. Make an entry
                                                     into the aircraft
                                                     records showing
                                                     compliance with
                                                     these portions of
                                                     the AD in
                                                     accordance with
                                                     section 43.9 of the
                                                     Federal Aviation
                                                     Regulations (14 CFR
                                                     43.9).
------------------------------------------------------------------------
(3) Inspect the upper wing    Within the next 50    In accordance with
 spar cap, the main wing       hours TIS after the   APEX Aircraft
 spar undersurface, and the    effective date of     CAP10B--Upper spar
 landing gear attachment       this AD and           cap inspection
 blocks for cracks.            thereafter at         Document No.
                               repetitive            1000913GB, Revision
                               intervals not-to-     No. 00, dated April
                               exceed 50 hours TIS.  2, 2002; APEX
                                                     Aircraft CAP10B--
                                                     Landing gear
                                                     attachment blocks
                                                     inspection Document
                                                     No. 1000914GB,
                                                     Revision No. 00,
                                                     dated April 2,
                                                     2002; and APEX
                                                     Aircraft CAP10B--
                                                     Main spar
                                                     undersurface
                                                     inspection Document
                                                     No. 1000915GB,
                                                     Revision No. 00,
                                                     dated April 2,
                                                     2002.
------------------------------------------------------------------------

[[Page 44407]]

 
(4) If cracks are found       Obtain and            In accordance with
 during any inspection         incorporate the       the repair scheme
 required in paragraph         repair scheme prior   obtained from APEX
 (d)(3) of this AD,            to further flight     Aircraft, Direction
 accomplish the following:.    after the             Technique, 1b Route
(i) Obtain a repair scheme     inspection in which   de Troyes, F21121,
 from the manufacturer         the cracks are        Darois, France.
 through the FAA at the        found. Continue to    Obtain this repair
 address specified in          inspect as            scheme through the
 paragraph (f) of this AD;.    specified in          FAA at the address
(ii) Incorporate this repair   paragraph (d)(3) of   specified in
 scheme; and.                  this AD.              paragraph (f) of
(iii) The repair scheme will                         this AD.
 indicate whether or not you
 may raise the load factor
 limits.
------------------------------------------------------------------------
(5) If no cracks are found    Prior to further      Not applicable.
 during the initial            flight after the
 inspection required in        initial inspection
 paragraph (d)(3) of this      required in
 AD, you may raise load        paragraph (d)(3) of
 factor limits back to +6 & -  this AD in which no
 4.5 G's.                      cracks were found.
------------------------------------------------------------------------


    Note 1: The service information specified in paragraph (d)(3) of 
this AD is available on CD-ROM from the manufacturer. You may 
contact them at the address and phone number in paragraph (h) of 
this AD.

    (e) Can I comply with this AD in any other way?
    (1) You may use an alternative method of compliance or adjust 
the compliance time if:
    (i) Your alternative method of compliance provides an equivalent 
level of safety; and
    (ii) The Standards Office Manager, Small Airplane Directorate, 
approves your alternative. Submit your request through an FAA 
Principal Maintenance Inspector, who may add comments and then send 
it to the Standards Office Manager.
    (2) Alternative methods of compliance approved in accordance 
with AD 98-12-10 and AD 99-21-23, which are superseded by this AD, 
are not approved as alternative methods of compliance with this AD.

    Note 2: This AD applies to each airplane identified in paragraph 
(a) of this AD, 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 you have not eliminated the unsafe condition, specific 
actions you propose to address it.

    (f) Where can I get information about any already-approved 
alternative methods of compliance? Contact S.M. Nagarajan, Aerospace 
Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, 
Kansas City, Missouri 64106; telephone: (816) 329-4145; facsimile: 
(816) 329-4090.
    (g) What if I need to fly the airplane to another location to 
comply with this AD? The FAA can issue a special flight permit under 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate your airplane to a location where 
you can accomplish the requirements of this AD.
    (h) How do I get copies of the documents referenced in this AD? 
You may obtain copies of the documents referenced in this AD from 
APEX AIRCRAFT, 1 Route de Troyes, 21121 Darois, France; telephone: 
+33 (380) 356 510; facsimile: +33 (380) 356 515. You may examine 
these documents at FAA, Central Region, Office of the Regional 
Counsel, 901 Locust, Room 506, Kansas City, Missouri 64106.
    (i) Does this AD action affect any existing AD actions? This 
amendment supersedes AD 98-12-10, Amendment 39-10566 and AD 99-21-
23, Amendment 39-11368.

    Note 3: The subject of this AD is addressed in French AD Number 
2001-616(A) R1, dated May 29, 2002.


    Issued in Kansas City, Missouri, on June 25, 2002.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 02-16533 Filed 7-1-02; 8:45 am]
BILLING CODE 4910-13-P