[Federal Register Volume 62, Number 191 (Thursday, October 2, 1997)]
[Rules and Regulations]
[Pages 51594-51596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-26107]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-CE-94-AD; Amendment 39-10150; AD 97-20-14]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
applies to all Mitsubishi Heavy Industries, Ltd. (Mitsubishi) MU-2B 
series airplanes. This AD requires incorporating information into the 
Limitations Section of the Airplane Flight Manual (AFM) that would 
require pilot training before flight into known or forecast icing 
conditions after a certain date. This AD results from the Federal 
Aviation Administration's analysis that the current training level of 
the pilots-in-command (PIC) of the MU-2B series airplanes makes it 
difficult for pilots to recognize adverse operating conditions and 
operate safely while flying in icing conditions. Similar training to 
that required in this AD for pilots of other high performance airplanes 
has shown a lower accident rate over time after the training than 
before. The actions specified by this AD are intended to decrease the 
chance of icing-related incidents or accidents of the MU-2B series 
airplanes due to pilot error.

DATES: Effective October 17, 1997.
    Comments for inclusion in the Rules Docket must be received on or 
before November 24, 1997.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Central Region, Office of the Regional Counsel, 
Attention: Rules Docket No. 97-CE-94-AD, Room 1558, 601 E. 12th Street, 
Kansas City, Missouri 64106.
    Information related to this AD may be examined at the address 
above.

FOR FURTHER INFORMATION CONTACT: Mr. John Dow, Aerospace Engineer, FAA,

[[Page 51595]]

Small Airplane Directorate, 1201 Walnut, suite 900, Kansas City, 
Missouri 64106; telephone (816) 426-6934; facsimile (816) 426-2169.

SUPPLEMENTARY INFORMATION:

Events Leading to This AD

    Service history of the Mitsubishi MU-2B series airplanes prompted 
the FAA to examine the design of these airplanes and analyze the 
ability of the pilots of these airplanes to fly and operate in icing 
conditions. The FAA recently conducted a special certification review 
(SCR) for the Mitsubishi MU-2B series airplanes. This examination shows 
that several accidents have occurred, and that future accidents/
incidents may be prevented by modifications to the airplane design (to 
be addressed in another AD action) and by additional training to 
enhance the pilot's ability to manage the airplane in adverse operating 
conditions.
    The FAA believes that pilots are not properly interpreting or 
recognizing the performance degradation and visual ice buildup cues of 
the airframe that can occur during flight into icing conditions on the 
Mitsubishi MU-2B series airplanes. Additional pilot training will 
enhance the pilot's ability to recognize adverse operating conditions 
and properly manage the MU-2B series airplane.
    The FAA's analysis of the performance capabilities of the 
Mitsubishi MU-2B airplane operating in icing conditions shows that this 
training is needed for the pilot-in-command. Correct operation of the 
Mitsubishi MU-2B series airplanes in adverse operating conditions 
(primarily icing conditions), including full knowledge of the 
capabilities of the airplane, is necessary in order to prevent any 
future incidents or accidents.

Information Developed To Help Prevent the Above Condition

    Mitsubishi, working with the FAA, has developed a video tape that 
provides in-depth information on certain aspects of the operation of 
the Mitsubishi MU-2B series airplanes. This video tape, Mitsubishi 
Training Video No. YET-97336, is part of an eight-hour training program 
that includes a focus on the following aspects of the MU-2B series 
airplanes operational characteristics during flight in icing 
conditions:

--General conditions that all airplanes encounter while flying in icing 
or freezing precipitation conditions;
--Information on the operation of all equipment and aspects associated 
with operation of these airplanes in icing conditions, including, but 
not limited to, autopilot operation; auto-ignition relight; propeller 
performance; stall characteristics; and recommended modes of operation; 
and
--A summary of the accident reports of the Mitsubishi MU-2B airplanes 
operated in icing conditions; the cues to look for and methods to exit 
icing conditions when these cues are recognized; and the lessons 
learned from these accidents to use for future operation of the 
aircraft.

    Service history from other manufacturers initiating similar 
training (though on a voluntary basis) reveals a lower incident and 
accident rate for the airplanes after the training was conducted.

The FAA's Determination

    After examining the circumstances and reviewing all available 
information related to the incidents described above, including the 
relevant training program developed by Mitsubishi, the FAA has 
determined the following:

--Pilots experienced in flying twin-engine propeller airplanes may not 
be completely familiar with the operational characteristics of the 
Mitsubishi MU-2B series airplanes in adverse operating conditions;
--That the above-described training will provide pilots the knowledge 
required to safely operate Mitsubishi MU-2B series airplanes in adverse 
operating conditions;
--That all pilots-in-command (PIC) of Mitsubishi MU-2B series airplanes 
should have the above-described training no later than November 15, 
1997, and thereafter every 2 years, in order to have the authority to 
continue to fly into known or forecast icing conditions; and
--AD action should be taken to decrease the chance of icing-related 
incidents or accidents of the affected airplanes due to pilot error.

Explanation of the Provisions of the AD

    Since an unsafe condition has been identified that is likely to 
exist or develop in other Mitsubishi MU-2B series airplanes if the PIC 
is not proficient in the operating conditions of these airplanes, the 
FAA is issuing an AD. This AD requires 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 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 log book 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.

Reasons for AD Action Instead of Other Methods

    Requiring the AFM Limitation for training the PIC of the aspects of 
the operation of the Mitsubishi MU-2B series airplanes is critical to 
safe operation of these airplanes during the upcoming icing seasons. 
The FAA determined that the only method of mandating this type of 
training before the next icing season is through an AD. Using the AD 
approach for this type of training is considered an interim method of 
addressing this subject, until the FAA determines the best method to 
use to mandate this type of training.

Determination of the Compliance Time of This AD

    The unsafe condition described in this AD is not a direct result of 
airplane design or the number of hours the airplane is operated, but is 
attributed to the expertise and knowledge of the PIC. For this reason, 
the FAA has determined that a compliance time based upon calendar time 
(24 hours after the effective date of the AD) should be utilized 
instead of a certain number of hours time-in-service (TIS).

Determination of the Effective Date of the AD

    Since a situation exists that requires the immediate adoption of 
this regulation, it is found that notice and opportunity for public 
prior comment hereon are impracticable, and that good cause exists for 
making this amendment effective in less than 30 days.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting immediate flight safety and, thus, was not 
preceded by notice and

[[Page 51596]]

opportunity to comment, comments are invited on this rule. Interested 
persons are invited to comment on this 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 will be considered, and this rule may be 
amended in light of the comments received. Factual information that 
supports the commenter's ideas and suggestions is extremely helpful in 
evaluating the effectiveness of the AD action and determining whether 
additional rulemaking action would be needed.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the 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 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket No. 97-CE-94-AD.'' The postcard will be date stamped and 
returned to the commenter.

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.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and is not a significant regulatory action under 
Executive Order 12866. It has been determined further that this action 
involves an emergency regulation under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979). If it is determined that 
this emergency regulation otherwise would be significant under DOT 
Regulatory Policies and Procedures, a final regulatory evaluation will 
be prepared and placed in the Rules Docket (otherwise, an evaluation is 
not required). A copy of it, if filed, may be obtained from the Rules 
Docket.

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:

97-20-14  Mitsubishi Heavy Industries, Ltd.: Amendment 39-10150; 
Docket No. 97-CE-94-AD.

    Applicability: 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, 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 24 hours after the 
effective date of this AD, unless already accomplished.
    To decrease the chance of icing-related incidents or accidents 
of the affected airplanes due to pilot error, accomplish the 
following:
    (a) Incorporate the following into the Limitations Section of 
the FAA-approved Airplane Flight Manual (AFM):
    ``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 log book 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.''
    (b) Inserting a copy of this AD into the Limitations Section of 
the AFM accomplishes the intent of this AD.
    (c) Incorporating the AFM insert, as required by this AD, may be 
performed by the owner/operator of the affected airplane provided 
he/she holds at least a private pilot certificate as authorized by 
section 43.7 of the Federal Aviation Regulations (14 CFR 43.7). 
Accomplishment of this action must be entered into the aircraft 
records showing compliance with this AD in accordance with section 
43.11 of the Federal Aviation Regulations (14 CFR 43.11).
    (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, FAA, Aircraft 
Certification Service, 1201 Walnut, suite 900, Kansas City, Missouri 
64106. The request shall be forwarded through an appropriate FAA 
Operations Inspector, who may add comments and then send it to the 
Manager, Small Airplane Directorate.

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

    (e) Information related to this AD may be examined at the FAA, 
Central Region, Office of the Regional Counsel, Room 1558, 601 E. 
12th Street, Kansas City, Missouri.
    (f) This amendment (39-10150) becomes effective on October 17, 
1997.

    Issued in Kansas City, Missouri, on September 26, 1997.
Henry A. Armstrong,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 97-26107 Filed 10-1-97; 8:45 am]
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