[Federal Register Volume 64, Number 197 (Wednesday, October 13, 1999)]
[Rules and Regulations]
[Pages 55416-55417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-26567]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-CE-26-AD; Amendment 39-11368; AD 99-21-23]
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 adopts a new airworthiness directive (AD) that 
applies to all Avions Mudry et Cie (Avions Mudry) Model CAP 10B 
airplanes. This AD requires restricting the entry speed for performing 
flick maneuvers to 97 knots. Inserting a copy of this AD into the 
Limitations Section of the CAP 10B flight manual is also required, 
along with fabricating and installing a placard (in the cockpit of the 
airplane within the pilot's clear view) that indicates this limitation. 
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 provide the flight information 
necessary to the pilot so that excessive speed is not used during 
aerobatic maneuvers, which could result in the wing separating from the 
airplane.

DATES: Effective December 3, 1999.

ADDRESSES: This information may be examined at 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.

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:

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 Mudry 
Model CAP 10B airplanes was published in the Federal Register as a 
notice of proposed rulemaking (NPRM) on July 19, 1999 (64 FR 38607). 
The NPRM proposed to require restricting the entry speed for performing 
flick maneuvers to 97 knots. The NPRM also proposed to require 
inserting a copy of the AD into the Limitations Section of the CAP 10B 
flight manual, along with fabricating and installing a placard (in the 
cockpit of the airplane within the pilot's clear view) that indicates 
this limitation. The placard will incorporate the following language:
``THE NEVER-EXCEED AIRSPEED FOR POSITIVE OR NEGATIVE FLICK-MANEUVERS IS 
180 KM/H (97 KTS)''
    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 39 airplanes in the U.S. registry will be 
affected by this AD. Accomplishing the flight manual and placard 
requirements of this 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 AD in accordance 
with section 43.9 of the Federal Aviation Regulations (14 CFR 43.9). 
The only cost impact of this AD is the time it will 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 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

[[Page 55417]]

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, 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 adding a new airworthiness directive 
(AD) to read as follows:

99-21-23  Avions Mudry & Cie: Amendment 39-11368; 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 to the pilot so that 
excessive speed is not used 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.

    (f) This amendment becomes effective on December 3, 1999.

    Issued in Kansas City, Missouri, on October 5, 1999.
Michael K. Dahl,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-26567 Filed 10-12-99; 8:45 am]
BILLING CODE 4910-13-P