[Federal Register Volume 63, Number 58 (Thursday, March 26, 1998)]
[Proposed Rules]
[Pages 14660-14662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7889]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 97-CE-126-AD]
RIN 2120-AA64
Airworthiness Directives; Avions Mudry & 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 supersede airworthiness directive
(AD) 93-10-11, which currently requires the following actions on Avions
Mudry & Cie (Avions) Model CAP 10B airplanes: installing an inspection
opening in the wing, repetitively inspecting the upper wing spar cap
for cracks, and repairing any cracks. The proposed action would retain
the same actions already required by AD 93-10-11, but would add
inspecting, and repairing if necessary, the lower surface of the wing
spar. 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
prevent structural cracks in the wing spar, which, if not corrected,
could lead to loss of a wing and loss of control of the airplane.
DATES: Comments must be received on or before April 27, 1998.
ADDRESSES: Submit comments in triplicate to 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. 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, B.P. 214, 27300 Bernay, France: telephone (33)
32.43.47.34; facsimile (33) 32.43.47.90. 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. 97-CE-126-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. 97-CE-126-AD, Room 1558, 601 E. 12th Street, Kansas
City, Missouri 64106.
Discussion
Airworthiness Directive (AD) 93-10-11, Amendment 39-8592, (58 FR
31342, June 2, 1993) currently requires
[[Page 14661]]
installing a permanent inspection opening and repetitively inspecting
the upper wing spar caps for cracks on Avions Model CAP 10B airplanes,
and if any cracks are found, prior to further flight, repairing the
cracks in accordance with a repair scheme provided by the manufacturer.
Actions Since Issuance of Previous Rule
The Direction Generale De L'Aviation Civile (DGAC), which is the
airworthiness authority for France, has notified the FAA that an unsafe
condition may still exist on certain Avions Mudry & Cie (Avions) Model
CAP 10B airplanes.
The DGAC advises that they are still receiving reports of cracks on
the upper surfaces of the wing, and cracks have now been showing up on
the underside of the wing spar. The DGAC reports that this cracking
occurs 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 repetitive hard landings.
Avions has used the information received from field reports to
revise the service information regarding the inspection procedures for
detecting cracks in the critical structure of the wings. Some reports
have noted cracks along the No. 1 spar ribs, on the roots left and
right of the wing, and cracks caused by over stress on the spar. Some
damage has been extending to the lower surface of the spar and has
occurred along the undercarriage attachment fitting. Cracks in these
areas lead to separation of the spruce filler, delamination of the
lower surfaces of the spar, and splits in the plywood skin of the lower
wing spar surface.
Relevant Service Information
Avions has issued Service Bulletin CAP10B-57-003, Revision 1, dated
April 3, 1996, which specifies procedures for inspecting the upper and
lower wing spar for cracks, and determining whether any cracks found
are compression cracks or lengthwise wood fissures. The revised service
information simplifies the inspection procedure for the upper surface
of the wing spar, recommends contacting the manufacturer for a repair
method to fix any cracks found, and adds a new inspection to the lower
surface of the wing spar along the undercarriage attachment fitting.
The inspections to the lower wing surface would also include
determining what type of spruce filler is used at the underwing
location, and depending on the type of spruce filler the wing is
equipped with, a boroscope inspection would be performed. If any cracks
are found, the service information recommends that the operator contact
the manufacturer for the appropriate repair method. The manufacturer
recommends repetitively inspecting for cracks in the same areas
regardless of whether a repair was made.
The DGAC classified this service bulletin as mandatory and issued
French AD 92-240(A)R1, dated October 22, 1997, 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, 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 Model CAP 10B airplanes of the same
type design registered for operation in the United States, the proposed
AD would supersede AD 93-10-11 with a new AD that would require
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 manufacturer through
the FAA.
Cost Impact
The FAA estimates that 37 airplanes in the U.S. registry would be
affected by the proposed AD, that it would take approximately 5
workhours per airplane to accomplish the proposed action, and that the
average labor rate is approximately $60 an hour. There is no cost for
parts associated with the proposed AD. Based on these figures, the
total cost impact of the proposed AD on U.S. operators is estimated to
be $11,100 or $300 per airplane.
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 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, 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 removing Airworthiness Directive
(AD) 93-10-11, Amendment 39-8592, and by adding a new AD to read as
follows:
Avions Mudry & Cie: 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 (d) of
this AD. The request should include an assessment of the effect of
the modification, alteration, or
[[Page 14662]]
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 100 hours time-in-service
(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.
To prevent structural cracks in the wing spars, which, if not
corrected, could lead to loss of a wing and loss of control of the
airplane, accomplish the following:
(a) Inspect the upper and lower wing surfaces of both wing spars
for cracks in accordance with Avions Mudry & Cie (Avions) Service
Bulletin (SB) CAP10B-57-003, Revision 1, dated April 3, 1996.
(b) 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 2: The compliance times required in this AD take precedence
over the compliance times stated in Avions SB CAP10B-57-003,
Revision 1, dated April 3, 1996.
(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 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. 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. 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 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 &
Cie Service Bulletin CAP10B-57-003, Revision 1, dated April 3, 1996,
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.
(f) This amendment supersedes AD 93-10-11, Amendment 39-8592.
Note 4: The subject of this AD is addressed in French AD 92-
240(A)R1, dated October 22, 1997.
Issued in Kansas City, Missouri, on March 19, 1998.
Marvin R. Nuss,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 98-7889 Filed 3-25-98; 8:45 am]
BILLING CODE 4910-13-P
