AD 98-12-10

This amendment supersedes Airworthiness Directive (AD) 93-10-11, which currently requires installing an inspection opening in the wing, repetitively inspecting the upper wing spar cap for cracks, and repairing any cracks on all Avions Mudry et Cie (Avions) Model CAP 10B airplanes. This AD will retain the same actions already required by AD 93-10-11, and will add inspecting, and repairing if necessary, the lower surface of the wing spar. 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 prevent structural cracks in the wing spar, which could lead to loss of a wing and loss of control of the airplane.

Final rule.

98-12-10 AVIONS MUDRY ET CIE: Amendment 39-10566; Docket No. 97-CE-126-AD; Supersedes AD 93-10-11, Amendment 39-8592 which superseded AD 80-24-51, Amendment 39-4119 which superseded telegraphic AD T80-17-51.

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 (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 the unsafe condition has not been eliminated, the request should include specific proposed actions to address it.

Compliance: Required as indicated in the body of this AD, unless already accomplished.

To prevent structural cracks in the wing spars, which could lead to loss of a wing and loss of control of the airplane, accomplish the following:

(a) For airplanes having a serial number of 263 or lower, within the next 100 hours time-in-service (TIS) after July 23, 1993 (the effective date of AD 93-10-11, Amendment 39-8592), install a permanent inspection opening in each wing in accordance with the Technical Instructions section of Avions Mudry & Cie (Avions) Service Bulletin (SB) CAP 10B No. 16 (ATA 57-004), dated April 27, 1992.

NOTE 2: The installation specified in paragraph (a) of this AD is incorporated during production for airplanes having a serial number of 264 or higher.

(b) For all serial numbers, within the next 100 hours 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, inspect the upper and lower wing surfaces of both wing spars for cracks in accordance with Avions SB No. 15, CAP10B-57-003, Revision 1, dated April 3, 1996.

(c) 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 3: The compliance times required in this AD take precedence over the compliance times stated in Avions SB No. 15, CAP10B-57-003, Revision 1, dated April 3, 1996.

(d) 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.

(e) 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.

(1) 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.

(2) 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 4: Information concerning the existence of approved alternative methods of compliance with this AD, if any, may be obtained from the Small Airplane Directorate.

(f) Questions or technical information related to Avions SB No. 15, CAP10B-57-003, Revision 1, dated April 3, 1996, and Avions SB CAP 10B No. 16 (ATA 57-004), dated April 27, 1992, 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.

(g) The modification required by this AD shall be done in accordance with Avions Mudry & Cie Service Bulletin CAP 10B No. 16 (ATA 57-004), dated April 27, 1992. The inspections required by this AD shall be done in accordance with Avions Mudry & Cie Service Bulletin No. 15, CAP10B-57-003, Revision 1, dated April 3, 1996.

(1) The incorporation by reference of Avions Mudry & Cie Service Bulletin No. 16 (ATA 57-004), dated April 27, 1992, was previously approved by the Director of the Federal Register as of July 23, 1993 (58 FR 31342, June 2, 1993).

(2) The incorporation by reference of Avions Mudry & Cie Service Bulletin No. 15, CAP10B-57-003, Revision 1, dated April 3, 1996, was approved by the Director of the Federal Register in accordancewith 5 U.S.C. 552(a) and 1 CFR part 51.

(3) Copies may be obtained from Avions Mudry & Cie, (c/o Akrotech), 9 route del'Aviation, Aerodrome, 21121 Darois, France. Copies may be inspected at the FAA, Central Region, Office of the Regional Counsel, Room 1558, 601 E. 12th Street, Kansas City, Missouri, or at the Office of the Federal Register, 800 North Capitol Street, NW, suite 700, Washington, DC.

NOTE 5: The subject of this AD is addressed in French AD 92-240(A)R1, dated October 22, 1997.

(h) This amendment supersedes AD 93-10-11, Amendment 39-8592.

(i) This amendment becomes effective on July 17, 1998.

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 Model CAP 10B airplanes was published in the Federal Register as a notice of proposed rulemaking (NPRM) on March 26, 1998 (63 FR 14660). The proposed AD would supersede AD 93-10-11, Amendment 39-8592 (58 FR 31342, June 2, 1993) with a new AD that would require 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 provided by the manufacturer through the FAA. The difference between the actions proposed in the NPRM and AD 93-10-11 is the addition of the inspections and possible repairs of the lower wing spar.

Accomplishment of the proposed action as specified in the NPRM would be in accordance with Avions Mudry & Cie Service Bulletin No. 15, CAP10B-57-003, Revision 1, dated April 3, 1996, and Avions SB CAP 10B No. 16 (ATA 57-004), dated April 27, 1992.

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 37 airplanes in the U.S. registry will be affected bythis AD, that it will take approximately 5 workhours per airplane to accomplish this action, and that the average labor rate is approximately $60 an hour. Based on these figures, the total cost impact of this AD on U.S. operators is estimated to be $11,100, or $300 per airplane.

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 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, Incorporation by reference, 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.

39.13 [Amended]
2. Section 39.13 is amended by removing Airworthiness Directive (AD) 93-10-11, Amendment No. 39-8592, and by adding a new AD to read as follows: