[Federal Register Volume 67, Number 178 (Friday, September 13, 2002)]
[Proposed Rules]
[Pages 57989-57991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-23289]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-CE-27-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes to supersede Airworthiness Directive 
(AD) 88-23-01, which currently requires repetitively inspecting torque 
tube joints for cracks, and, if cracks are found, replacing the joints 
on all Mitsubishi Heavy Industries, Ltd. (Mitsubishi) MU-2B Series 
airplanes. AD 88-23-01 resulted from field reports that fatigue cracks 
were found in the flap control system. A design change exists that 
could eliminate the need for the repetitive inspections. The proposed 
AD would require you to replace the existing joints with new improved-
design joints as terminating action for the repetitive inspections. The 
actions specified by this proposed AD are intended to prevent failures 
of the flap control system due to the existing design torque tube 
joints. Such failure could lead to loss of control of the aircraft.

DATES: The Federal Aviation Administration (FAA) must receive any 
comments on this proposed rule on or before October 21, 2002.

ADDRESSES: Submit comments to FAA, Central Region, Office of the 
Regional Counsel, Attention: Rules Docket No. 2002-CE-27-AD, 901 
Locust, Room 506, Kansas City, Missouri 64106. You may view any 
comments at this location between 8 a.m. and 4 p.m., Monday through 
Friday, except Federal holidays. You may also send comments 
electronically to the following address: [email protected]. 
Comments sent electronically must contain ``Docket No. 2002-CE-27-AD'' 
in the subject line. If you send comments electronically as attached 
electronic files, the files must be formatted in Microsoft Word 97 for 
Windows or ASCII text.
    You may get service information that applies to this proposed AD 
from Mitsubishi Heavy Industries America, Inc., 4951 Airport Parkway, 
Suite 800, Addison, Texas 75001; telephone: (972) 934-5480; facsimile: 
(972) 934-5488.
    You may also view this information at the Rules Docket at the 
address above.

FOR FURTHER INFORMATION CONTACT: Direct all questions to:

--For the airplanes manufactured in Japan (Type Certificate A2PC): Carl 
Fountain, Aerospace Engineer, Los Angeles Aircraft Certification 
Office, FAA, 3960 Paramount Boulevard, Lakewood, California 90712; 
telephone: (562) 627-5222; facsimile: (562) 627-5228; and
--For the airplanes manufactured in the United States (Type Certificate 
A10SW): 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: 

Comments Invited

How Do I Comment on This Proposed AD?

    The FAA invites comments on this proposed rule. You may submit 
whatever written data, views, or arguments you choose. You need to 
include the rule's docket number and submit your comments to the 
address specified under the caption ADDRESSES. We will consider all 
comments received on or before the closing date. We may amend this 
proposed rule in light of comments received. Factual information that 
supports your ideas and suggestions is extremely helpful in evaluating 
the effectiveness of this proposed AD action and determining whether we 
need to take additional rulemaking action.

Are There Any Specific Portions of This Proposed AD I Should Pay 
Attention To?

    The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed rule that 
might suggest a need to modify the rule. You may view all comments we 
receive before and after the closing date of the rule in the Rules 
Docket. We will file a report in the Rules Docket that summarizes each 
contact we have with the public that concerns the substantive parts of 
this proposed AD.

How Can I Be Sure FAA Receives My Comment?

    If you want FAA to acknowledge the receipt of your mailed comments, 
you must include a self-addressed, stamped postcard. On the postcard, 
write ``Comments to Docket No. 2002-CE-27-AD.'' We will date stamp and 
mail the postcard back to you.

Discussion

Has FAA Taken Any Action to This Point?

    Field reports indicating fatigue cracks were found in the joint of 
the torque tube assemblies that had been in service for more than 4,000 
hours on Mitsubishi MU-2 Series airplanes caused us to issue AD 88-23-
01, Amendment 39-6056. This AD requires the following on Mitsubishi MU-
2B Series airplanes:

--Repetitively inspecting joints of the torque tube assembly for 
cracks; and
--Replacing joints if cracks are found.

What Has Happened Since AD 88-23-01 To Initiate This Action?

    A recent accident investigation revealed that the improper 
reinstallation (following an AD 88-23-01 required repetitive 
inspection) of two cotter pins in the torque tube resulted in a 
disconnect in the flap drive train. This disconnect resulted in an 
asymmetrical flap deployment during a landing approach. The pilot lost 
control of the aircraft, resulting in destruction of the aircraft and 
death of the pilot.

Is There Service Information That Applies to This Subject?

    Mitsubishi has issued:

--Service Bulletin No. 067/27-008A, Revision A, dated March 29, 1995; 
and

[[Page 57990]]

--Service Bulletin No. 189C, Revision C, dated June 28, 1994.

What Are the Provisions of This Service Information?

    These service bulletins include procedures for replacing the torque 
tube assemblies with the improved-design torque tube assemblies.

The FAA's Determination and an Explanation of the Provisions of This 
Proposed AD

What Has FAA Decided?

    After examining the circumstances and reviewing all available 
information related to the incidents described above, we have 
determined that:

--The unsafe condition referenced in this document exists or could 
develop on other Mitsubishi MU-2B Series airplanes of the same type 
design;
--The actions specified in the previously-referenced service 
information should be accomplished on the affected airplanes; and
--AD action should be taken in order to correct this unsafe condition.

What Would This Proposed AD Require?

    This proposed AD would supersede AD 88-23-01 with a new AD that 
would eliminate the repetitive inspections by replacing the existing 
joints with new improved-design joints.

Cost Impact

How Many Airplanes Would This Proposed AD Impact?

    We estimate that this proposed AD affects 360 airplanes in the U.S. 
registry.

What Would Be the Cost Impact of This Proposed AD on Owners/Operators 
of the Affected Airplanes?

    We estimate the following costs to accomplish the proposed 
replacements:

------------------------------------------------------------------------
                                                                 Total
                                           Total cost per       cost on
    Labor cost          Parts cost            airplane            U.S.
                                                               operators
------------------------------------------------------------------------
16 workhours x $60  $20,000 per        $20,960 per airplane..  $20,960 x
 = $960.             airplane.                                 360 =
                                                               $7,545,60
                                                                   0
------------------------------------------------------------------------

What Is the Difference Between the Cost Impact of This Proposed AD and 
the Cost Impact of AD 88-23-01?

    The cost impact of the proposed AD is a one-time cost as shown 
above. The cost impact of AD 88-23-01 is the cost impact of the 
repetitive inspections and the eventual replacement cost.

Regulatory Impact

Would This Proposed AD Impact Various Entities?

    The regulations proposed herein would 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. Therefore, it 
is determined that this proposed rule would not have federalism 
implications under Executive Order 13132.

Would This Proposed AD Involve a Significant Rule or Regulatory Action?

    For the reasons discussed above, I certify that this proposed 
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) if 
promulgated, 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 draft regulatory 
evaluation prepared for this action has been placed 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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
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. FAA amends Sec.  39.13 by removing Airworthiness Directive (AD) 
88-23-01, Amendment 39-6056, and by adding a new AD to read as follows:

Mitsubishi Heavy Industries, Ltd.: Docket No. 2002-CE-27-AD; 
Supersedes AD 88-23-01, Amendment 39-6056.

    (a) What airplanes are affected by this AD? This AD affects all 
serial numbers of 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, that are certificated in any category.
    (b) Who must comply with this AD? Anyone who wishes to operate 
any of the airplanes identified in paragraph (a) of this AD must 
comply with this AD.
    (c) What problem does this AD address? The actions specified by 
this AD are intended to prevent failures of the flap control system 
due to the existing design of the torque tube joints. Such failure 
could lead to loss of control of the aircraft.
    (d) What actions must I accomplish to address this problem? To 
address this problem, you must accomplish the following:

------------------------------------------------------------------------
            Actions                  Compliance           Procedures
------------------------------------------------------------------------
(1) On torque tube assembly     Upon the             In accordance with
 part (P/N) 010A-61250,          accumulation of      PART 1 of MU-2
 replace joint P/N 010A-61254    4,000 hours time-    Service Bulletin
 with improved-design joint P/   in-service (TIS)     No. 067/27-008A,
 N 010A-61254-3 and joint P/N    on the torque tube   Revision A, dated
 010-61255-3 with improved-      assembly or within   March 29, 1995; or
 design joint P/N 010A-61255-    the next 100 hours   PART 1 of MU-2
 17 (or FAA-approved             TIS after the        Service Bulletin
 equivalent part number),        effective date of    No. 189C, Revision
 unless already accomplished.    this AD, whichever   C, dated June 28,
                                 occurs later,        1994, as
                                 unless already       applicable.
                                 accomplished.
(2) Replace joint with          Upon the             In accordance with
 improved-design joint (or FAA-  accumulation of      PART 2 and PART 3
 approved equivalent part        4,000 hours of TIS   of MU-2 Service
 number), unless already         on the torque tube   Bulletin No. 067/
 accomplished:                   assembly or within   27-008A, Revision
                                 the next 200 hours   A, dated March 29,
                                 TIS after the        1995; or PART 2
                                 effective date of    and PART 3 of MU-2
                                 this AD, whichever   Service Bulletin
                                 occurs later,        No. 189C, Revision
                                 unless already       C, dated June 28,
                                 accomplished.        1994, as
                                                      applicable.

[[Page 57991]]

 
(i) on torque tube assembly P/
 N 010A-61251-11, replace
 joint P/N 010A-61255-3 with
 improved-design joint P/N
 010A-61255-17 and joint P/N
 010-61255-7 with improved-
 design joint P/N 010A-61255-
 19;
(ii) on torque tube assembly P/
 N 017A-61805, replace joint P/
 N 010A-61264-3 with improved-
 design joint P/N 010A-61264-7
 and P/N 010-61264-5 with
 improved-design joint P/N
 010A-61264-9;
(iii) on torque tube assembly
 P/N 017A-61805-11, replace
 joint P/N 010A-61264-3 with
 improved-design joint P/N
 010A-61264-7 and P/N 010-
 61264-5 with improved-design
 joint P/N 010A-61264-9;
(iv) on torque tube assembly P/
 N 010A-61251-31, replace
 joint P/N 010A-61255-9 with
 improved-design joint P/N
 010A-61255-17 and P/N 010-
 61255-15 with improved-design
 joint P/N 010A-61255-23;
(v) on torque tube assembly P/
 N 010A-61251, replace joint P/
 N 010A-61255-3 with improved-
 design joint P/N 010A-61255-
 17 and P/N 010-61255-5 with
 improved-design joint P/N
 010A-61255-23;
(vi) on torque tube assembly P/
 N 010A-61260, replace joint P/
 N 010A-61264-3 with improved-
 design joint P/N 010A-61264-7
 and P/N 010-61264-5 with
 improved-design joint P/N
 010A-61264-9; and
(vii) on torque tube assembly
 P/N 010A-61260-21, replace
 joint P/N 010A-61264-3 with
 improved-design joint P/N
 010A-61264-7 and P/N 010-
 61264-5 with improved-design
 joint P/N 010A-61264-9.
(3) Only install joints that    As of the effective  Not Applicable.
 are P/N 010A-61254-3, P/N       date of this AD.
 010A-61255-17, P/N 010A-61255-
 19, P/N 010A-61255-23, P/N
 010A-61264-7, P/N 010A-61264-
 9, or FAA-approved equivalent
 P/Ns. Replace all joints at
 the same time.
------------------------------------------------------------------------

    (e) Can I comply with this AD in any other way?
    (1) You may use an alternative method of compliance or adjust 
the compliance time if:
    (i) Your alternative method of compliance provides an equivalent 
level of safety; and
    (ii) The Manager, Fort Worth Aircraft Certification Office, 
approves your alternative. Submit your request through an FAA 
Principal Maintenance Inspector, who may add comments and then send 
it to the Manager.
    (2) Alternative methods of compliance approved in accordance 
with AD 88-23-01, which is superseded by this AD, are not approved 
as alternative methods of compliance with this AD.

    Note: This AD applies to each airplane identified in paragraph 
(a) of this AD, 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 you have not eliminated the unsafe condition, specific 
actions you propose to address it.

    (f) Where can I get information about any already-approved 
alternative methods of compliance? Contact:

--For the airplanes manufactured in Japan (Type Certificate A2PC): 
Carl Fountain, Aerospace Engineer, Los Angeles Aircraft 
Certification Office, FAA, 3960 Paramount Boulevard., Lakewood, 
California, 90712; telephone: (562) 627-5222; facsimile: (562) 627-
5228; and
--For the airplanes manufactured in the United States (Type 
Certificate A10SW): Werner Koch, Aerospace Engineer, FAA, Airplane 
Certification Office, 2601 Meacham Boulevard, Fort Worth, Texas 
76193-0150; telephone: (817) 222-5133; facsimile: (817) 222-5960.

    (g) What if I need to fly the airplane to another location to 
comply with this AD? The FAA can issue a special flight permit under 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate your airplane to a location where 
you can accomplish the requirements of this AD.
    (h) How do I get copies of the documents referenced in this AD? 
You may get copies of the documents referenced in this AD from 
Mitsubishi Heavy Industries America, Inc., 4951 Airport Parkway, 
suite 800, Addison, Texas 75001; telephone: (972) 934-5480; 
facsimile: (972) 934-5488.
    You may view these documents at FAA, Central Region, Office of 
the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri 
64106.
    (i) Does this AD action affect any existing AD actions? This 
amendment supersedes AD 88-23-01, Amendment 39-6056.

    Issued in Kansas City, Missouri, on September 4, 2002.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 02-23289 Filed 9-12-02; 8:45 am]
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