[Federal Register Volume 62, Number 33 (Wednesday, February 19, 1997)]
[Rules and Regulations]
[Pages 7339-7340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3960]


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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 96-CE-45-AD; Amendment 39-9938; AD 97-04-13]
RIN 2120-AA64


Airworthiness Directives; Mitsubishi Heavy Industries, Ltd., MU-
2B Series 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 Mitsubishi Heavy Industries, Ltd., (Mitsubishi) MU-2B series 
airplanes. This AD requires removing the vent check valve assembly from 
the bulkhead between the fuel tanks. This AD results from an incident 
where both engines on an affected airplane failed near the end of a 
flight because of lack of fuel to the engines. The incident is 
attributed to the fuel filler caps on the top of the wings not sealing 
correctly. The actions specified by this AD are intended to prevent the 
inability of both engines to utilize the entire fuel supply because of 
the outboard fuel not transferring to the center tank, which could 
result in an uncommanded engine shutdown.

DATES: Effective April 16, 1997.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of April 16, 1997.

ADDRESSES: Service information that applies to this AD may be obtained 
from Mitsubishi Heavy Industries, Ltd., Nagoya Aerospace Systems, 10, 
Oyecho, Minato-Ku, Nagoya, Japan. This information may also be examined 
at the Federal Aviation Administration (FAA), Central Region, Office of 
the Assistant Chief Counsel, Attention: Rules Docket 96-CE-45-AD, Room 
1558, 601 E. 12th Street, Kansas City, Missouri 64106; or at the Office 
of the Federal Register, 800 North Capitol Street, NW., suite 700, 
Washington, DC.

FOR FURTHER INFORMATION CONTACT: Mr. Eric M. Smith, Aerospace Engineer, 
FAA, Los Angeles Aircraft Certification Office, 3960 Paramount 
Boulevard, Lakewood, California 90712; telephone (310) 627-5260; 
facsimile (310) 627-5210.

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 Mitsubishi MU-2B 
series airplanes was published in the Federal Register as a notice of 
proposed rulemaking (NPRM) on October 30, 1996 (61 FR 53939). The NPRM 
proposed to require removing the vent check valve assembly from the 
bulkhead between the fuel tanks. Accomplishment of the proposed action 
as specified in the NPRM would be in accordance with Mitsubishi MU-2 
Service Bulletin No. 130A, dated July 19, 1971.
    The NPRM is the result of an incident where both engines on an 
affected airplane failed near the end of a flight because of lack of 
fuel to the engines. The incident is attributed to the fuel filler caps 
on the top of the wings not sealing correctly.
    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.

[[Page 7340]]

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.

Compliance Time of This AD

    The compliance time for this AD is presented in calendar time 
instead of hours time-in-service. The fuel filler cap may not seal 
properly regardless of whether the airplane is in operation. For this 
reason, the FAA has determined that a calendar time for compliance is 
the most desirable.

Cost Impact

    The FAA estimates that 14 airplanes in the U.S. registry will be 
affected by this AD, that it will take approximately 3 workhours 
(average: 4 workhours for seven airplanes and 2 workhours for seven 
airplanes) per airplane to accomplish the required action, and that the 
average labor rate is approximately $60 an hour. Based on these 
figures, the total cost impact of the AD on U.S. operators is estimated 
to be $2,520.
    The above figure is based on the presumption that no owner/operator 
of the affected airplanes has accomplished the required vent check 
valve assembly removal. The FAA is aware that seven of the affected 
airplanes are already in compliance with this AD. With this information 
in mind, the cost impact upon U.S. operators/owners is reduced by 
$1,260 from $2,520 to$1,260.

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 USC 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:

97-04-13  Mitsubishi Heavy Industries, Ltd.: Amendment 39-9938; 
Docket No. 96-CE-45-AD.

    Applicability: Models MU-2B, MU-2B-10, MU-2B-15, MU-2B-20, and 
MU-2B-30 airplanes (serial numbers 004 through 035, 037, 038, 101 
through 230, 502 through 525, and 527 through 547), 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 (c) 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 60 calendar days after the 
effective date of this AD, unless already accomplished.
    To prevent the inability of both engines to utilize the entire 
fuel supply because of the outboard fuel not transferring to the 
center tank, which could result in an uncommanded engine shutdown, 
accomplish the following:
    (a) Remove the vent check valve assembly in accordance with the 
instructions in Mitsubishi MU-2 Service Bulletin No. 130A, dated 
July 19, 1971.
    (b) 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.
    (c) An alternative method of compliance or adjustment of the 
compliance time that provides an equivalent level of safety may be 
approved by the Manager, FAA, Los Angeles Aircraft Certification 
Office (ACO), 3960 Paramount Boulevard, Lakewood, California 90712. 
The request shall be forwarded through an appropriate FAA 
Maintenance Inspector, who may add comments and then send it to the 
Manager, Los Angeles ACO.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Los Angeles ACO.

    (d) The removal required by this AD shall be done in accordance 
with Mitsubishi MU-2 Service Bulletin No. 130A, dated July 19, 1971. 
This incorporation by reference was approved by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. Copies may be obtained from Mitsubishi Heavy Industries, Ltd., 
Nagoya Aerospace Systems, 10, Oyecho, Minato-Ku, Nagoya, Japan . 
Copies may be inspected at the FAA, Central Region, Office of the 
Assistant Chief 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.
    (e) This amendment (39-9938) becomes effective on April 16, 
1997. Issued in Kansas City, Missouri, on February 11, 1997.
Henry A. Armstrong,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 97-3960 Filed 2-18-97; 8:45 am]
BILLING CODE 4910-13-U