[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]
-----------------------------------------------------------------------
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).
-----------------------------------------------------------------------
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