[Federal Register Volume 64, Number 206 (Tuesday, October 26, 1999)]
[Rules and Regulations]
[Pages 57549-57551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27563]



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 Rules and Regulations
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  Federal Register / Vol. 64, No. 206 / Tuesday, October 26, 1999 / 
Rules and Regulations  

[[Page 57549]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96-NM-210-AD; Amendment 39-11376; AD 99-21-30]
RIN 2120-AA64


Airworthiness Directives; Raytheon Model Mitsubishi MU-300 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to all Raytheon Model Mitsubishi MU-300 airplanes, that 
requires revising the Airplane Flight Manual (AFM) to provide pilots 
with certain operating procedures during icing conditions, and to limit 
the maximum flaps position for flight in icing conditions or landing 
after an icing encounter. The amendment also requires installing an ice 
detector, and accomplishing a corresponding AFM revision to address its 
operation. For certain airplanes, the amendment requires converting the 
airplane configuration or modifying the warning horn system of the 
landing gear; and revising the AFM to specify flaps 10 degrees as a 
normal landing flap configuration. The actions specified by this AD are 
intended to prevent uncommanded nose-down pitch at certain flap 
settings during icing conditions.

DATES: Effective November 30, 1999.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of November 30, 1999.

ADDRESSES: The service information referenced in this AD may be 
obtained from Raytheon Aircraft Company, Manager Service Engineering, 
Hawker Customer Support Department, P.O. Box 85, Wichita, Kansas 67201-
0085.
    This information may be examined at the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, Rules Docket, 
1601 Lind Avenue, SW., Renton, Washington; or at the FAA Small Airplane 
Directorate, Wichita Aircraft Certification Office, 1801 Airport Road, 
Room 100, Mid-Continent Airport, Wichita, Kansas; or at the Office of 
the Federal Register, 800 North Capitol Street, NW., suite 700, 
Washington, DC.

FOR FURTHER INFORMATION CONTACT: Tina Miller, Aerospace Engineer, 
Flight Test Branch, ACE-117W, FAA, Small Airplane Directorate, Wichita 
Aircraft Certification Office, 1801 Airport Road, Room 100, Mid-
Continent Airport, Wichita, Kansas 67209; telephone (316) 946-4168; fax 
(316) 946-4407.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to all Mitsubishi MU-300 series 
airplanes was published in the Federal Register on February 26, 1997 
(62 FR 8648). That action proposed to require revising the Airplane 
Flight Manual (AFM) to provide pilots with certain operating procedures 
during icing conditions, and to limit the maximum flaps position for 
flight in icing conditions or landing after an icing encounter. (That 
AFM revision was previously required in AD 94-25-10.) That action also 
proposed to require installing an ice detector, and accomplishing a 
corresponding AFM revision to address its operation. For certain 
airplanes, that action proposed to require converting the airplane 
configuration or modifying the warning horn system of the landing gear; 
and revising the AFM to specify flaps 10 degrees as a normal landing 
flap configuration.

FAA Response to Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Request To Withdraw the Proposal

    One commenter states that the requirements of the proposal would 
require the addition of expensive and unnecessary equipment that does 
not provide any benefit to safety. The commenter also states that any 
competent pilot would already have the anti-ice systems engaged before 
the annunciator light of the proposed ice detector would illuminate. 
Additionally, the commenter asserts that during past experience in 
operating several different Raytheon BE-400 series airplanes, the 
annunciator of the ice detector, which is identical to the proposed ice 
detector, did not illuminate during icing conditions. Therefore, the 
commenter concludes that the proposed installation of the ice detector 
would not provide any additional warning or benefit to the pilot. Based 
on those comments, the FAA infers that the commenter is requesting that 
the proposal be withdrawn.
    The FAA does not concur that the proposal should be withdrawn. The 
FAA considers that installation of the ice detector and the 
corresponding Airplane Flight Manual revision, as proposed, will alert 
pilots to turn on the airplane anti-ice systems in advance of the time 
that ice may be visually detected (especially during night operations). 
Extensive FAA flight testing on a similar airplane model (Beechcraft 
Model 400A series airplanes) indicated that the ice detector 
consistently and reliably illuminated during icing encounters. Since 
the advance notice provided by the ice detector will permit the pilot 
to engage the anti-ice system in a timely manner, accumulation of ice 
on the horizontal tail will be reduced. Therefore, the FAA has 
determined that the requirements of this AD are appropriate and 
necessary.

Request To Require the Manufacturer Cover Costs

    This same commenter requests that, if the FAA insists on issuing 
the proposed rule, the FAA hold the manufacturer responsible for 
covering costs associated with the installation of the ice detector. 
The commenter states that if the kit is to be required, this would 
indicate a flaw in the design of the airplane. The commenter advises 
that the manufacturer has agreed to cover the cost of the ice detector 
for the Raytheon BE-400 series airplanes.
    The FAA does not concur with the commenter's request that the FAA 
require the manufacturer to cover the

[[Page 57550]]

cost of installing the ice detector. The FAA recognizes that the 
general obligation of the operator to maintain aircraft in an airworthy 
condition is vital, but sometimes expensive. The FAA considers that, in 
the interest of maintaining safe aircraft, prudent operators would 
accomplish the required actions even if they were not required to do so 
by the AD. However, the manufacturer, not the FAA, determines if the 
manufacturer will cover the cost of implementing a particular action. 
Therefore, no change in this regard is necessary to the final rule.

Conclusion

    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule as proposed.

Cost Impact

    The FAA estimates that 89 Model MU-300 airplanes of U.S. registry 
will be affected by this proposed AD.
    The AFM revision that is currently required by AD 94-25-10, 
amendment 39-9094 (59 FR 64112, December 13, 1994), for Model MU-300 
airplanes takes approximately 1 work hour per airplane to accomplish, 
at an average labor rate of $60 per work hour. Based on these figures, 
the cost impact on U.S. operators of the currently required AFM 
revision will be $5,340, or $60 per airplane.
    The ice detector installation that is required in this AD action 
for all airplanes will take approximately 80 work hours per airplane to 
accomplish, at an average labor rate of $60 per work hour. Required 
parts will cost approximately $7,000 per airplane. Based on these 
figures, the cost impact on U.S. operators of the installation required 
by this AD is estimated to be $1,050,200, or $11,800 per airplane.
    The new AFM revisions that are required by this AD action for all 
airplanes will take approximately 1 work hour per airplane to 
accomplish, at an average labor rate of $60 per work hour. Based on 
these estimated figures, the cost impact on U.S. operators of the new 
AFM revisions will be $5,340, or $60 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the requirements of this 
AD action, and that no operator would accomplish those actions in the 
future if this AD were not adopted.
    The conversion of the configuration of the airplane that is 
specified in this AD action as an option for Diamond I airplanes, if 
accomplished, will require actions related to the airframe and the 
engine. The airframe portion of the conversion will take approximately 
160 work hours per airplane to accomplish, at an average labor rate of 
$60 per work hour. Required parts will cost approximately $50,000 per 
airplane. The engine portion of the conversion should be accomplished 
during a regular engine overhaul; therefore, it will require no 
additional work hours. Required parts for this action will cost 
approximately $260,000 per airplane. Based on these figures, the cost 
impact of the conversion on U.S. operators, who elect to accomplish it, 
is estimated to be $319,600 per airplane.
    If accomplished, the option for modification of the warning horn 
system that is specified in this AD action for Diamond I airplanes will 
take approximately 6 work hours per airplane to accomplish, at an 
average labor rate of $60 per work hour. Required parts will cost 
approximately $600 per airplane. Based on these figures, the cost 
impact of the proposed modification on U.S. operators will be $960 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 final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from 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.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

99-21-30  Raytheon Aircraft Company (Formerly Beech): Amendment 39-
11376. Docket 96-NM-210-AD.

    Applicability: All Model Mitsubishi MU-300 series airplanes, 
certificated in any category.
    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
otherwise 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, unless accomplished 
previously.
    To prevent uncommanded nose-down pitch at certain flap settings 
during icing conditions, accomplish the following:
    (a) For all airplanes: Within 20 days after December 28, 1994 
(the effective date of AD 94-25-10, amendment 39-9094), revise the 
Limitations Section and Normal Procedures Section of the FAA-
approved Airplane Flight Manual (AFM) to include the following 
statement. This may be accomplished by inserting a copy of this AD 
in the AFM.

``Icing Conditions

    If icing conditions are encountered during flight, no greater 
than 10 degrees flaps may be utilized for landing unless the 
following conditions are met:
    1. The icing conditions were encountered for less than 10 
minutes, and the Ram Air Temperature (RAT) during such encounter was 
warmer than -8 degrees C.
      or
    2. A RAT of +5 degrees C or warmer is observed during approach 
and landing.
    If either of the above two conditions are met, 30 degrees flaps 
may be utilized for landing.
    Otherwise:

Flaps (landing flaps setting)--10 degrees

[[Page 57551]]

Land Select (LAND SEL) Switch--Flaps 10 degrees

    Use landing data for 10 degrees flaps from Appendix 1 of this 
AD.''
    (b) For Diamond I airplanes, as identified in Mitsubishi MU-300 
Service Bulletin No. 30-007, dated January 12, 1996: Within 2 years 
after the effective date of this AD, accomplish the requirements of 
paragraphs (b)(1) through (b)(4) of this AD:
    (1) Install an ice detector in accordance with Mitsubishi MU-300 
Service Bulletin No. 30-007, dated January 12, 1996.
    (2) Revise the Introduction, Operating Limitations, Emergency 
Procedures, Abnormal Procedures, Normal Procedures, Performance, and 
Weight and Balance Sections of the FAA-approved AFM to address the 
operation of the ice detector system. This may be accomplished by 
inserting a copy of Airplane Flight Manual Supplement M300-1003, 
dated December 6, 1995, in the AFM.
    (3) Accomplish either paragraph (b)(3)(i) or (b)(3)(ii) of this 
AD.
    (i) Convert the airplane from the Diamond I configuration to the 
Diamond IA configuration in accordance with Mitsubishi MU-300 
Diamond Service Recommendation SR 71-001, Revision 2, dated June 1, 
1984; and accomplish the AFM revision required by paragraph (c)(3) 
of this AD. Or
    (ii) Modify the warning horn system of the landing gear in 
accordance with Attachment 1 of Mitsubishi MU-300 Service Bulletin 
No. 30-007, dated January 12, 1996.
    (4) Revise the Operating Limitations, Emergency Procedures, 
Abnormal Procedures, Normal Procedures, Performance, and Weight and 
Balance Sections of the AFM to limit the maximum flap position to 
flaps 10 degrees for flight in icing conditions or landing after an 
icing encounter, to allow landing flaps of 30 degrees if the icing 
encounter meets certain criteria, and to specify flaps 10 degrees as 
a normal landing flap configuration. This may be accomplished by 
inserting a copy of Diamond I Flight Manual, Revision 9, dated 
January 5, 1996, in the AFM.
    (c) For Diamond IA airplanes: Within 2 years after the effective 
date of this AD, accomplish the requirements of paragraphs (c)(1), 
(c)(2), and (c)(3) of this AD.
    (1) Install an ice detector in accordance with Mitsubishi MU-300 
Service Bulletin No. 30-007, dated January 12, 1996.
    (2) Revise the Introduction, Operating Limitations, Emergency 
Procedures, Abnormal Procedures, Normal Procedures, Performance, and 
Weight and Balance Sections of the FAA-approved AFM to address the 
operation of the ice detector system.
    This may be accomplished by inserting a copy of Airplane Flight 
Manual Supplement M300-1003, dated December 6, 1995, in the AFM.
    (3) Revise the Operating Limitations, Emergency Procedures, 
Abnormal Procedures, Normal Procedures, and Performance Sections of 
the AFM to limit the maximum flap position to flaps 10 degrees for 
flight in icing conditions or landing after an icing encounter, and 
to allow landing flaps of 30 degrees if the icing encounter meets 
certain criteria. This may be accomplished by inserting a copy of 
Mitsubishi MU-300 Diamond IA Airplane Flight Manual, Revision 9, 
dated January 5, 1996, in the AFM.
    (d) Accomplishment of the requirements of paragraph (b) or (c) 
of this AD, as applicable, constitutes terminating action for the 
requirements of AD 94-25-10, amendment 39-9094 [and paragraph (a) of 
this AD.] Following accomplishment of paragraph (b) or (c) of this 
AD, as applicable, the AFM revision required by paragraph (a) of 
this AD may be removed from the AFM.

Alternative Methods of Compliance

    (e) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Wichita Aircraft Certification 
Office (ACO), FAA, Small Airplane Directorate. Operators shall 
submit their requests through an appropriate FAA Principal 
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.

Special Flight Permits

    (f) 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.

Incorporation by Reference

    (g) Except as provided by paragraphs (a), (b)(2), (b)(4), 
(c)(2), and (c)(3) of this AD, the actions shall be done in 
accordance with Mitsubishi MU-300 Service Bulletin No. 30-007, dated 
January 12, 1996; and Mitsubishi MU-300 Diamond Service 
Recommendation SR 71-001, Revision 2, dated June 1, 1984. Mitsubishi 
MU-300 Diamond Service Recommendation SR 71-001, Revision 2, dated 
June 1, 1984, contains the following list of effective pages:

------------------------------------------------------------------------
                                     Revision
                                       level
              Page No.               shown on      Date shown on page
                                       page
------------------------------------------------------------------------
List of Effective Pages, Pages 1, 2         2  June 1, 1984.
------------------------------------------------------------------------

    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 Raytheon Aircraft Company, 
Manager Service Engineering, Hawker Customer Support Department, 
P.O. Box 85, Wichita, Kansas 67201-0085. Copies may be inspected at 
the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., 
Renton, Washington; or at the Small Airplane Directorate, Wichita 
Aircraft Certification Office, 1801 Airport Road, Room 100, Mid-
Continent Airport, Wichita, Kansas; or at the Office of the Federal 
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
    (h) This amendment becomes effective on November 30, 1999.

    Issued in Renton, Washington, on October 15, 1999.
D.L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-27563 Filed 10-25-99; 8:45 am]
BILLING CODE 4910-13-U