[Federal Register: October 29, 2003 (Volume 68, Number 209)]
[Rules and Regulations]               
[Page 61613-61615]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29oc03-3]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-CE-22-AD; Amendment 39-13355; AD 2003-22-07]
RIN 2120-AA64

 
Airworthiness Directives; Mitsubishi Heavy Industries, Ltd., MU-
2B Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 97-20-14, 
which applies to all Mitsubishi Heavy Industries, Ltd. (Mitsubishi) MU-
2B series airplanes. AD 97-20-14 currently requires incorporating 
information into the Limitations Section of the Airplane Flight Manual 
(AFM) that requires pilot training before flight into known or forecast 
icing conditions after a certain date. AD 97-20-14 resulted from the 
Federal Aviation Administration's analysis that the training level of 
the pilots-in-command (PIC) of the MU-2B series airplanes made it 
difficult for pilots to recognize adverse operating conditions and 
operate safely while flying in icing conditions. Since issuance of AD 
97-20-14, a new training video has been developed that includes 
information that is critical to safety of the MU-2B series airplanes. 
This AD requires you to update the AFM information to require this new 
video as the mandatory pilot training. We are issuing this AD to 
decrease the chance of icing-related incidents or accidents of the MU-
2B series airplanes due to pilot error.

DATES: This AD becomes effective on December 15, 2003.

ADDRESSES: You may view the AD docket at FAA, Central Region, Office of 
the Regional Counsel, Attention: Rules Docket No. 2003-CE-22-AD, 901 
Locust, Room 506, Kansas City, Missouri 64106. Office hours are 8 a.m. 
to 4 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Contact one of the following for 
questions or more information related to this subject:

--For General Icing Related Questions: Mr. Paul Pellicano, Aerospace 
Engineer (Icing Specialist), Atlanta Aircraft Certification Office, 
FAA, One Crown Center, 1895 Phoenix Boulevard, Suite 450, Atlanta, 
Georgia 30349; telephone: (770) 703-6064; facsimile: (770) 703-6097;
--For Questions Relating to Airplanes on Type Certificate Data Sheet 
(TCDS) A2PC: Mr. Carl Fountain, Aerospace Engineer, Los Angeles 
Aircraft Certification Office, FAA, 3960 Paramount Boulevard, Lakewood, 
California 90712; telephone: (562) 627-5222; facsimile: (562) 627-5228; 
or
--For Questions Relating to Airplanes on TCDS A10SW: Mr. Werner Koch, 
Aerospace Engineer, FAA, Airplane Certification Office, 2601 Meacham 
Boulevard, Fort Worth, Texas 76193-0150; telephone: (817) 222-5133; 
facsimile: (817) 222-5960.

SUPPLEMENTARY INFORMATION:

Discussion

    Has FAA taken any action to this point? Analysis that the training 
level of the pilots-in-command (PIC) of the MU-2B series airplanes made 
it difficult for them to recognize adverse operating conditions and 
operate safely while flying in icing conditions caused FAA to issue AD 
97-20-14, Amendment 39-10150 (62 FR 51594, October 2, 1997). AD 97-20-
14 currently requires incorporating information into the Limitations 
Section of the Airplane Flight Manual (AFM) that requires pilot 
training before further flight into known or forecast icing conditions 
after a certain date. This AFM limitation consists of the following

    On or after November 15, 1997, no person may serve as pilot-in-
command (PIC) of a Mitsubishi MU-2B series airplane in a flight into 
known or forecast icing conditions, unless the PIC has received the 
following training since the beginning of the 24th calendar month 
before the scheduled flight: FAA-approved Biennial Icing Awareness 
Training (IAT), Mitsubishi Training Video No. YET-97336. This eight-
hour training became available September 22, 1997, and is provided 
by Mitsubishi Heavy Industries at no cost, as part of the Mitsubishi 
Systems Review (MSR) program. To sign up for the planned training 
schedules or to arrange training at a more convenient time and 
location, contact Mitsubishi at (972) 980-5001. Training is also 
available at the Flight Safety International (Houston) and Reese 
Howell Enterprises training facilities. Mitsubishi will provide 
pilot logbook endorsements upon the completion of this training. 
Please note that all operators of the affected airplanes must 
initiate action to notify and ensure that flight crewmembers are 
aware of this requirement.

    What has happened since AD 97-20-14 to initiate this proposed 
action? Since issuance of AD 97-20-14, Mitsubishi has developed a new 
training video, and FAA has determined that it includes information 
that is critical to the safety of the MU-2B series airplanes. This 
information includes:

--Procedures to recognize severe icing conditions that may overpower 
the propeller ice protection system and result in rapid airspeed loss 
without significant airframe ice accretion;
--Pneumatic deicing boot activation procedures as required by AD 2000-
02-25, Amendment 39-11543 (65 FR 5422, February 4, 2000); and
--A clarified definition of icing conditions that is critical for 
operation of the engine ice protection system.

    What is the potential impact if FAA took no action? If the new 
information is not incorporated into the AFM information as mandatory 
pilot training, there is an increased chance of icing-related incidents 
or accidents of the MU-2B series airplanes due to pilot error.
    Has FAA taken any action to this point? We issued a proposal to 
amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to 
include an AD that would apply to all Mitsubishi MU-2B series 
airplanes. This proposal was published in the Federal Register as a 
notice of proposed rulemaking (NPRM) on June 4, 2003 (68 FR 33423). The 
NPRM proposed to supersede AD 97-20-14 and would require incorporating 
information into the Limitations Section of the Airplane Flight Manual 
(AFM) that would require pilot training before further flight into 
known or forecast icing conditions after a certain date. This AFM 
limitation would consist of the following:

    On or before ------------ (6 months after the effective date of 
this AD), no person may serve as pilot-in-command (PIC) of a 
Mitsubishi MU-2B series airplane in a flight into known or forecast 
icing conditions, unless the PIC has received the following training 
since the beginning of the 24th calendar month before the scheduled 
flight: FAA-approved Mitsubishi Icing Awareness Training (IAT) video 
YET-01295. If training mandated by AD 97-20-14 has been received in 
the 24 months before ------------(6 months after the effective date 
of this AD), then the new training must be done no later than 24 
months after the date of the AD 97-20-14 training. This eight-hour 
training has been available since July 2, 2002, and is provided by 
Mitsubishi Heavy Industries at no cost, as part of the Mitsubishi 
Systems Review (MSR)

[[Page 61614]]

program. To sign up for the planned training schedules or to arrange 
training at a more convenient time and location, contact Turbine 
Aircraft Services at (972) 248-3108. Training is also available at 
the Sim Com and Reese Howell Enterprises training facilities and 
some local Flight Standards District Offices (FSDOs). Mitsubishi 
will provide pilot logbook endorsements upon the completion of this 
training. Please note that all operators of the affected airplanes 
must initiate action to notify and ensure that flight crewmembers 
are aware of this requirement.

Comments

    Was the public invited to comment? We provided the public the 
opportunity to participate in the development of this AD. The following 
presents the comments received on the proposal and FAA's response to 
each comment:

Comment Issue: Revise the Requirements of the AFM Limitations

    What is the commenter's concern? Mitsubishi recommends the 
following:

--Change reference to the training from 8 hours to approximately 2 
hours in length;
--Remove reference to the Mitsubishi Systems Review (MSR) program; and
--Add a list of other organizations that may provide the pilot logbook 
endorsement to complete the training.

    What is FAA's response to the concern? We concur with the commenter 
and will make these changes in the actual AD portion of the final rule 
to further clarify the required actions.

Conclusion

    What is FAA's final determination on this issue? We have carefully 
reviewed the available data and determined that air safety and the 
public interest require adopting the AD as proposed except for the 
changes discussed above and minor editorial corrections. We have 
determined that these changes and minor corrections:

--Provide the intent that was proposed in the NPRM for correcting the 
unsafe condition; and
--Do not add any additional burden upon the public than was already 
proposed in the NPRM.

Changes to 14 CFR Part 39--Effect on the AD

    How does the revision to 14 CFR part 39 affect this AD? On July 10, 
2002, the FAA published a new version of 14 CFR part 39 (67 FR 47997, 
July 22, 2002), which governs the FAA's AD system. This regulation now 
includes material that relates to altered products, special flight 
permits, and alternative methods of compliance. This material 
previously was included in each individual AD. Since this material is 
included in 14 CFR part 39, we will not include it in future AD 
actions.

Costs of Compliance

    How many airplanes does this AD impact? We estimate that this AD 
affects 300 airplanes in the U.S. registry.
    What is the cost impact of this AD on owners/operators of the 
affected airplanes? The pilot can accomplish all the work associated 
with this action. We estimate less than 1 hour to incorporate the 
information into the AFM and approximately another 2 hours to view the 
training video.

Compliance Time of This AD

    What will be the compliance time of this AD? The compliance time of 
this AFM incorporation is ``within the next 10 days after the effective 
date of this AD.'' The actual viewing of the training video will be 
incorporated into the current schedule of the video required by AD 97-
20-14.
    Why is the compliance time presented in calendar time instead of 
hours time-in-service (TIS)? The unsafe condition described in this AD 
is not a direct result of airplane design or operation, but is 
attributed to the expertise and knowledge of the PIC. For this reason, 
FAA has determined that a compliance time based upon calendar time will 
be used instead of a certain number of hours TIS.

Regulatory Findings

    Will this AD impact various entities? We have determined that this 
AD will not have federalism implications under Executive Order 13132. 
This AD will 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.
    Will this AD involve a significant rule or regulatory action? For 
the reasons discussed above, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the 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.
    We prepared a summary of the costs to comply with this AD and 
placed it in the AD Docket. You may get a copy of this summary by 
sending a request to us at the address listed under ADDRESSES. Include 
``AD Docket No. 2003-CE-22-AD'' in your request.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

Adoption of the Amendment

0
Accordingly, under 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

0
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]

0
2. FAA amends Sec.  39.13 by removing Airworthiness Directive (AD) 97-
20-14, Amendment 39-10150 (62 FR 51594, October 2, 1997), and by adding 
a new AD to read as follows:

2003-22-07 Mitsubishi Heavy Industries, Ltd.: Amendment 39-13355; 
Docket No. 2003-CE-22-AD; Supersedes AD 97-20-14, Amendment 39-
10150.

When Does This AD Become Effective?

    (a) This AD becomes effective on December 15, 2003.

What Other ADs Are Affected by This Action?

    (b) This AD supersedes AD 97-20-14, Amendment 39-10150.

What Airplanes Are Affected by This AD?

    (c) This AD affects Models MU-2B, MU-2B-10, MU-2B-15, MU-2B-20, 
MU-2B-25, MU-2B-26, MU-2B-26A, MU-2B-30, MU-2B-35, MU-2B-36, MU-2B-
36A, MU-2B-40, and MU-2B-60 airplanes, all serial numbers, that are 
certificated in any category.

What Is the Unsafe Condition Presented in This AD?

    (d) This AD is the result of Mitsubishi developing a new 
training video that includes information that is critical to safety 
of the MU-2B series airplanes. The actions specified in this AD are 
intended to decrease the chance of icing-related incidents or 
accidents of the MU-2B series airplanes due to pilot error.

What Must I Do To Address This Problem?

    (e) To address this problem, you must accomplish the following:

[[Page 61615]]



------------------------------------------------------------------------
              Actions                   Compliance         Procedures
------------------------------------------------------------------------
Incorporate information into the     Do the AFM        The owner/
 Limitations Section of the           incorporation     operator holding
 Airplane Flight Manual (AFM) that    within the next   at least a
 requires pilot training before       10 days after     private pilot
 further flight into known or         December 15,      certificate as
 forecast icing conditions after a    2003 (the         authorized by
 certain date. This AFM limitation    effective date    section 43.7 of
 consist of the following: ``On or    of this AD).      the Federal
 before June 15, 2004, no person                        Aviation
 may serve as pilot-in-command                          Regulations (14
 (PIC) of a Mitsubishi MU-2B series                     CFR 43.7) may
 airplane in a flight into known or                     accomplish the
 forecast icing conditions, unless                      AFM
 the PIC has received the following                     incorporation
 training since the beginning of                        requirement of
 the 24th calendar month before the                     this AD. Make an
 scheduled flight: FAA-approved                         entry into the
 Mitsubishi Icing Awareness                             aircraft records
 Training (IAT) video YET-01295. If                     showing
 training mandated by AD 97-20-14                       compliance with
 has been received in the 24 months                     this portion of
 before June 15, 2004, then the new                     the AD in
 training must be done no later                         accordance with
 than 24 months after the date of                       section 43.9 of
 the AD 97-20-14 training. This two-                    the Federal
 hour training has been available                       Aviation
 since July 2, 2002, and provided                       Regulations (14
 by Mitsubishi Heavy Industries at                      CFR 43.9).
 no cost. To sign up for the                            Inserting a copy
 planned training schedules or to                       of this AD into
 arrange training at a more                             the Limitations
 convenient time and location,                          Section of the
 contact Turbine Aircraft Services                      AFM accomplishes
 at (972) 248-3108. Training is                         this portion of
 also available at Sim Com and                          the AD.
 Reese Howell Enterprises training
 facilities and some local Flight
 Standards District Offices
 (FSDOs). Pilot logbook
 endorsements are available after
 completing this training from: Sim
 Com, Reese Howell Enterprises,
 Turbine Aircraft Services (TAS),
 an FAA Aviation Safety Inspector,
 or other FAA authorized personnel.
 Please note that all operators of
 the affected airplanes must
 initiate action to notify and
 ensure that flight crewmembers are
 aware of this requirement''.
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What About Alternative Methods of Compliance?

    (f) You may request a different method of compliance or a 
different compliance time for this AD by following the procedures in 
14 CFR 39.13. Send your request to the Manager, Standards Office, 
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4110; facsimile: (816) 329-
4090.
    (1) For information on any already approved alternative methods 
of compliance, contact Mr. Paul Pellicano, Aerospace Engineer (Icing 
Specialist), Atlanta Aircraft Certification Office, FAA, One Crown 
Center, 1895 Phoenix Boulevard, Suite 450, Atlanta, Georgia 30349; 
telephone: (770) 703-6064; facsimile: (770) 703-6097.
    (2) Alternative methods of compliance approved in accordance 
with AD 97-20-14, which is superseded by this AD, are not approved 
as alternative methods of compliance with this AD.

    Issued in Kansas City, Missouri, on October 23, 2003.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 03-27210 Filed 10-28-03; 8:45 am]

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