[Federal Register Volume 62, Number 232 (Wednesday, December 3, 1997)]
[Rules and Regulations]
[Pages 63830-63831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31675]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-CE-22-AD; Amendment 39-10225; AD 97-25-02]
RIN 2120-AA64


Airworthiness Directives; Mitsubishi Heavy Industries 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 all Mitsubishi Heavy Industry (Mitsubishi) MU-2B series 
airplanes. This AD requires amending the Limitations Section of the 
airplane flight manual (AFM) to prohibit the positioning of the power 
levers below the flight idle stop while the airplane is in flight. This 
AFM amendment will include a statement of consequences if the 
limitation is not followed. This AD results from numerous incidents and 
five documented accidents involving airplanes equipped with turboprop 
engines where the propeller beta was improperly utilized during flight. 
The actions specified by this AD are intended to prevent loss of 
airplane control or engine overspeed with consequent loss of engine 
power caused by the power levers being positioned below the flight idle 
stop while the airplane is in flight.

EFFECTIVE DATE: January 21, 1998.

ADDRESSES: Information related to this AD may be examined at the 
Federal Aviation Administration (FAA), Central Region, Office of the 
Regional Counsel, Attention: Rules Docket No. 97-CE-22-AD, Room 1558, 
601 E. 12th Street, Kansas City, Missouri 64106.

FOR FURTHER INFORMATION CONTACT: William Schinstock, Aerospace 
Engineer, Wichita Aircraft Certification Office, FAA, 1801 Airport 
Road, Wichita, Kansas 67209; telephone (316) 946-4162; facsimile (316) 
946-4407.

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 Mitsubishi Heavy 
Industry (Mitsubishi) MU-2B series airplanes was published in the 
Federal Register as a notice of proposed rulemaking (NPRM) on July 2, 
1997 (62 FR 35696).
    The NPRM proposed to require amending the Limitations Section of 
the AFM to prohibit the positioning of the power levers below the 
flight idle stop while the airplane is in flight, including a statement 
of consequences if the limitation is not followed. This AFM amendment 
shall consist of the following language:

    Positioning of power levers below the flight idle stop while the 
airplane is in flight is prohibited. Such positioning may lead to 
loss of airplane control or may result in an overspeed condition and 
consequent loss of engine power.

    The NPRM was the result of numerous incidents and five documented 
accidents involving airplanes equipped with turboprop engines where the 
propeller beta was improperly utilized during flight.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the two comments received from the manufacturer, Mitsubishi Heavy 
Industries, Inc.

Comment Issue No. 1: Change the ``Explanation of the Provisions of the 
Proposed AD'' Section of the NPRM

    Mitsubishi explains that the statement ``Since an unsafe condition 
has been identified that could exist or develop on other Mitsubishi MU-
2B airplanes of the same type design,'' is misleading in that it leads 
the reader to believe that there is a design flaw with the MU-2B series 
airplanes. Mitsubishi includes proposed language to replace this 
phrase.
    The FAA concurs that this statement could be misleading. This 
language is not repeated in the final rule so therefore no change is 
needed at this time. The FAA will keep Mitsubishi's comments in mind 
while drafting future AD's. No changes have been made to the final rule 
as a result of this comment.

Comment Issue No. 2: The Model MU-2B-26A Excluded From the NPRM

    Mitsubishi states that the Model MU-2B-26A airplanes are excluded 
from the NPRM, and asks if this was an oversight on the FAA's part. 
Mitsubishi feels that these airplanes should be included in the AD.
    Mitsubishi is correct in assuming that excluding the Model MU-2B-
26A airplanes from the NPRM was an oversight. To add these airplanes in 
this rulemaking action would require the FAA to reopen the comment 
period and delay final rule action for all of the MU-2B series 
airplanes. The FAA will address the Model MU-2B-26A airplanes in a 
future rulemaking action. No changes have been made to the final rule 
as a result of this comment.

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 FAA has determined that the compliance time of this AD should 
be specified in calendar time instead of hours time-in-service. While 
the condition addressed by this AD is unsafe while the airplane is in 
flight, the condition is not a result of repetitive airplane operation; 
the potential of the unsafe condition occurring is the same on the 
first flight as it is for subsequent flights. The compliance time of 
``30 days after the effective date of this AD'' will not inadvertently 
ground airplanes and would assure that all owners/operators of the 
affected airplanes accomplish this AD in a reasonable time period.

Cost Impact

    The FAA estimates that 437 airplanes in the U.S. registry will be 
affected by this AD, that it will take approximately 1 workhour per 
airplane to incorporate the required AFM amendment, and that the 
average labor rate is approximately $60 an hour. Since an owner/
operator who holds at least a private pilot's certificate can 
accomplish this AD, as authorized by sections 43.7 and 43.9 of the 
Federal Aviation Regulations (14 CFR 43.7 and 43.9), the only cost 
impact upon the public is the time it will take the affected airplane 
owner/operators to amend the AFM.

[[Page 63831]]

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, 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:

97-25-02  Mitsubishi Heavy Industries: Amendment 39-10225; Docket 
No. 97-CE-22-AD.
    Applicability: Models MU-2B, MU-2B-10, MU-2B-15, MU-2B-20, MU-
2B-25, MU-2B-26, 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 (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 within the next 30 days after the effective 
date of this AD, unless already accomplished.
    To prevent loss of airplane control or engine overspeed with 
consequent loss of engine power caused by the power levers being 
positioned below the flight idle stop while the airplane is in 
flight, accomplish the following:
    (a) Amend the Limitations Section of the airplane flight manual 
(AFM) by inserting the following language:

    Positioning of power levers below the flight idle stop while the 
airplane is in flight is prohibited. Such positioning may lead to 
loss of airplane control or may result in an overspeed condition and 
consequent loss of engine power.

    (b) This action may be accomplished by incorporating a copy of 
this AD into the Limitations Section of the AFM.
    (c) Amending the AFM, as required by 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).
    (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 time that provides an equivalent level of safety may be 
approved by the Manager, Wichita Aircraft Certification Office 
(ACO), FAA, 1801 Airport Road, Wichita, Kansas. The request shall be 
forwarded through an appropriate FAA Maintenance Inspector, who may 
add comments and then send it to the Manager, Wichita ACO.

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

    (f) 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 64106.
    (g) This amendment (39-10225) becomes effective on January 21, 
1998.

    Issued in Kansas City, Missouri, on November 25, 1997.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 97-31675 Filed 12-2-97; 8:45 am]
BILLING CODE 4910-13-U