[Federal Register Volume 68, Number 58 (Wednesday, March 26, 2003)]
[Proposed Rules]
[Pages 14558-14562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-7187]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-CE-27-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Supplemental notice of proposed rulemaking (NPRM); Reopening of 
the comment period.

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SUMMARY: This document proposes to revise an earlier proposed 
airworthiness directive (AD) that would apply to certain Mitsubishi 
Heavy Industries, Ltd. (Mitsubishi) MU-2B series airplanes. The earlier 
NPRM would have required you to repetitively inspect the cockpit 
windshield and cabin window surfaces for damage (damage would be 
defined as crazing, scratches, and cracks). If any of the windshield or 
window surfaces have damage that exceeds certain limits, the proposed 
AD would have required you to replace the windshield or window. If the 
damage does not exceed certain limits, then the proposed AD would have 
allowed you to blend out the damage following maintenance manual 
procedures. The earlier NPRM resulted from mandatory continuing 
airworthiness information (MCAI) issued by the airworthiness authority 
for Japan. The manufacturer has issued revision C to the current 
service information and issued service information applicable to 
additional MU-2B model airplanes. The manufacturer has also informed us 
that they will not provide replacement parts free of charge. Since 
these actions impose an additional burden over that proposed in the 
NPRM, we are reopening the comment period to allow the public the 
chance to comment on these additional actions.

DATES: The Federal Aviation Administration (FAA) must receive any 
comments on this proposed rule on or before May 2, 2003.

ADDRESSES: Submit comments to FAA, Central Region, Office of the 
Regional Counsel, Attention: Rules Docket No. 97-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. 97-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., 15303 Dallas Parkway, 
suite 685, LB-77, Dallas, Texas 75248; telephone: (972) 980-5001; 
facsimile: (972) 980-5091; or
--Mitsubishi Heavy Industries, Ltd., Nagoya Aerospace Systems Works, 
10, OYE-CHO, MINATO-KU, Nagoya, Japan, telephone: NAGOYA (611) 2141, 
telex: 4464561HISI.

    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): Mr.

[[Page 14559]]

Carl Fountain, Aerospace Engineer, Los Angeles Aircraft Certification 
Office, FAA, 3960 Paramount Boulevard, Lakewood, California, 90712; 
telephone: (562) 627-5222; facsimile: (562) 627-5210; and
--For the airplanes manufactured in the United States (Type Certificate 
A10SW): Mr. Andy McAnaul, Aerospace Engineer, FAA, Airplane 
Certification Office, 2601 Meacham Boulevard, Fort Worth, Texas 76193-
0150; telephone: (817) 222-5156; 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 proposed rule. You may view all 
comments we receive before and after the closing date of the proposed 
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. 97-CE-27-AD.'' We will date stamp and 
mail the postcard back to you.

Discussion

What Events Have Caused This Proposed AD?

    The Japanese Civil Airworthiness Bureau (JCAB), which is the 
airworthiness authority for Japan, notified the FAA that an unsafe 
condition may exist on certain Mitsubishi MU-2B series airplanes. The 
JCAB reports that several Mitsubishi MU-2B series airplanes have had 
windshield or window separation during flight. Separation is defined as 
shattering glass. Further analysis shows that the separation is 
happening as a result of repeated cabin pressurization cycles.

What Are the Consequences if the Condition Is Not Corrected?

    This condition, if not corrected, could result in shattering or 
separation of the cockpit windshield or cabin windows during flight, 
which could cause loss of control of the airplane.

Has FAA Taken Any Action to This Point?

    We issued a proposal to amend part 39 of the Federal Aviation 
Regulations (14 CFR part 39) to include an AD that would apply to 
certain Mitsubishi MU-2B series airplanes. This proposal was published 
in the Federal Register as a notice of proposed rulemaking (NPRM) on 
April 14, 1998 (63 FR 18151). The NPRM proposed to require you to 
repetitively inspect the cockpit windshield and cabin window surfaces 
for damage (damage would be defined as crazing, scratches, and cracks). 
If any of the windshield or window surfaces have damage that exceeds 
certain limits, the NPRM proposed to require you to replace the 
windshield or window. If the damage does not exceed certain limits, 
then the NPRM proposed to allow blending out the damage following 
maintenance manual procedures.
    Accomplishment of these proposed actions would be in accordance 
with Mitsubishi MU-2 Service Bulletin (SB) No. 224, dated June 30, 
1995, and MU-2 SB No. 224A, dated October 30, 1995.

Was the Public Invited To Comment?

    The FAA encouraged interested persons to participate in the making 
of this amendment. The following presents the comments received on the 
proposal and FAA's response to each comment:

Comment Issue No. 1: Add Additional Models to the Applicability of the 
Proposed AD To Cover the Total MU-2B Fleet

What Is the Commenter's Concern?

    The manufacturer states that an identical service bulletin exists 
which addresses the same condition on airplanes listed on Type 
Certificate Data Sheet (TCDS) No. A10SW. The manufacturer suggests that 
those airplane models and the applicable service bulletin be included 
in the proposed AD.

What Is FAA's Response to the Concern?

    We agree with the manufacturer's suggestion and are incorporating 
the changes in this proposed AD. Because of the additional airplanes 
being added to the applicability of this proposed AD and the additional 
burden on the public, we will reopen the comment period for this 
proposed AD.

Comment Issue No. 2: Exclude Heated Windshields From the Applicability 
of the Proposed AD

What Is the Commenter's Concern?

    The manufacturer states that heated windshields should be excluded 
from the applicability of this proposed AD, as specified in MU-2 
Service Bulletin No. 224A, dated October 30, 1995.

What Is FAA's Response to the Concern?

    We agree with the manufacturer's comment and are changing this 
proposed AD to reflect this change.

Comment Issue No. 3: Correct Part Number Referenced in the Proposed AD

What Is the Commenter's Concern?

    The manufacturer states that reference to the cockpit side window, 
part number 010A-81874-1/-2, is incorrect on MU-2B Service Bulletin No. 
224A, dated October 30, 1995. Revision C of MU-2B Service Bulletin will 
correct this number.

What Is FAA's Response to the Concern?

    We agree with the manufacturer's comment and are incorporating the 
correct part number reference in this proposed AD.

Comment Issue No. 4: Change the Cost Information to Reflect that 
Mitsubishi Will Not Provide Replacement Parts At No Cost

What is the Commenter's Concern?

    The manufacturer states that the cost impact statement in the 
proposed AD indicates that replacement parts will be provided at no 
cost. The manufacturer stated that parts will not be provided at no 
cost and has provided a current price list for replacement parts; 
therefore, changing the cost impact on the public.

What Is FAA's Response to the Concern?

    We agree that the cost impact statement should be changed to 
reflect the cost for replacement parts. Because this shifts the cost 
burden from the manufacturer to the owner/operator, we will reopen the 
comment period for this proposed AD.

[[Page 14560]]

The FAA's Determination

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 also exists or could develop on other Mitsubishi 
MU-2B series airplanes;
--The NPRM should be expanded to include these actions; and
--AD action should be taken in order to correct this unsafe condition.

The Supplemental NPRM

How Will the Changes to the NPRM Impact the Public?

    Adding additional airplanes to the applicability section and 
changing the cost impact to the owner/operator goes beyond the scope of 
what was already proposed. Therefore, we are issuing a supplemental 
NPRM and reopening the comment period to allow the public additional 
time to comment on this proposed AD.

What Are the Provisions of the Supplemental NPRM?

    This proposed AD would require you to:

--Repetitively inspect the cockpit windshield and cabin window surfaces 
for damage (damage would be defined as crazing, scratches, and cracks);
--Blend out the damage if the damage does not exceed certain limits; 
and
--Replace the windshield or window if damage exceeds certain limits.

What Document Should I Use To Accomplish These Actions?

    Accomplishment of the proposed actions would be in accordance with 
the following, as applicable:

--Mitsubishi MU-2 Service Bulletin No. 224, which incorporates the 
following pages:

------------------------------------------------------------------------
        Affected pages            Revision level            Date
------------------------------------------------------------------------
3, 5, and 6...................  Original Issue...  June 30, 1995.
2, 4..........................  B................  Nov. 11, 1996.
1.............................  C................  April 20, 1998.
------------------------------------------------------------------------

--Mitsubishi MU-2 Service Bulletin No. 087/56-001B, which incorporates 
the following pages:

------------------------------------------------------------------------
        Affected pages            Revision level            Date
------------------------------------------------------------------------
3, 5, and 6...................  Original Issue...  June 29, 1995.
2.............................  A................  Sept. 26, 1996.
1, 4..........................  B................  May 4, 1998.
------------------------------------------------------------------------

Cost Impact

How Many Airplanes Would This Proposed AD Impact?

    We estimate that this proposed AD affects 315 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 
inspection:

----------------------------------------------------------------------------------------------------------------
                                                              Total cost per
             Labor cost                    Parts cost            airplane        Total cost on U.S.  operators
----------------------------------------------------------------------------------------------------------------
8 workhours x $60 = $480...........  No parts required.....            $480   $480 x 315 = $151,200.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to accomplish any necessary 
replacements that would be required based on the results of the 
proposed inspection. We have no way of determining the number of 
airplanes that may need such replacement:

----------------------------------------------------------------------------------------------------------------
              Labor cost                                  Parts cost                     Total cost per airplane
----------------------------------------------------------------------------------------------------------------
16 workhours X $60 = $960.............  P/N 010A-31450-1/-2 = $5988.                    $960 (workhours) +
                                        P/N 010A-31451-1/-2 = $4368.                     applicable part(s) =
                                        P/N 010A-31874-1/-2 = $2432.                     total cost per
                                        P/N 010A-31870 = $1673.                          airplane.
                                        P/N 010A-31870-11 = $1648.
                                        P/N 030A-32402 = $1823.
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[[Page 14561]]

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 adding a new airworthiness directive 
(AD) to read as follows:

Mitsubishi Heavy Industries, Ltd: Docket No. 97-CE-27-AD.

    (a) What airplanes are affected by this AD? This AD affects the 
following airplane models and serial numbers that are equipped with 
the following part-numbered windshields and cabin windows and that 
are certificated in any category:

(1) Windshields

------------------------------------------------------------------------
           Part No.                        Type of windshield
------------------------------------------------------------------------
010A-31450-1/-2...............  Windshield (LH/RH).
010A-31451-1/-2...............  Cockpit side window (LH/RH).
010A-31874-1/-2...............  Cockpit side window (LH/RH).
010A-31870....................  Cabin window.
010A-31870-11.................  Cabin window (at door).
030A-32402....................  Long body--small cabin window.
------------------------------------------------------------------------


    Note 1: The heated windshield is excluded from the inspection 
and replacement requirements of this AD.

(2) Affected airplanes

    (i) The following models and serial numbers as listed on 
Mitsubishi MU-2 Service Bulletin No. 224C:

----------------------------------------------------------------------------------------------------------------
                   Models                                                 Serial Nos.
----------------------------------------------------------------------------------------------------------------
MU-2B/-10/-15/-20/-25/-26...................  008 through 347 (except 313 and 321).
MU-2B-30/-35/-36............................  501 through 696 (except 652 and 661).
----------------------------------------------------------------------------------------------------------------

    (ii) The following models and serial numbers as listed on 
Mitsubishi MU-2 Service Bulletin No. 087/56-001B:

----------------------------------------------------------------------------------------------------------------
                   Models                                                 Serial Nos.
----------------------------------------------------------------------------------------------------------------
MU-2B-25/-26/-26A/-40.......................  313SA, 321SA, and 348SA through 459SA.
MU-2B-35/-36A/-60...........................  652SA, 661SA, and 697SA through 1569SA.
----------------------------------------------------------------------------------------------------------------

    (b) Who must comply with this AD? Anyone who wishes to operate 
any of the above airplanes must comply with this AD.
    (c) What problem does this AD address? The actions specified by 
this AD are intended to prevent cockpit windshield or cabin window 
separation during flight, which could result in engine ingestion of 
glass, wing skin damage, or propeller damage, and possible loss of 
control of the airplane.
    (d) What actions must I accomplish to address this problem? To 
address this problem, you must accomplish the following:

[[Page 14562]]



------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Inspect the cockpit       Within the next 100   In accordance with
 windshields and cabin         hours time-in-        Mitsubishi MU-2
 windows for scratching,       service (TIS) after   Service Bulletin
 crazing, and cracking         the effective date    No. 224 (as
 (referred to as damage).      of this AD and        specified in
                               thereafter at         paragraph (e) of
                               intervals not to      this AD) and
                               exceed 100 hours      Mitsubishi MU-2
                               TIS from the last     Service Bulletin
                               inspection, repair    087/56-001 (as
                               or replacement.       specified in
                                                     paragraph (e) of
                                                     this AD).
-----------------------------
(2) Replace any window or     Prior to further      In accordance with
 windshield if damaged         flight after the      Mitsubishi MU-2
 beyond the limits specified   inspection in which   Service Bulletin
 in Mitsubishi MU-2 Service    the damage was        No. 224 (as
 Bulletin No. 224 (as          found.                specified in
 specified in paragraph (e)                          paragraph (e) of
 of this AD) and Mitsubishi                          this AD) and
 MU-2 Service Bulletin 087/                          Mitsubishi MU-2
 56-001 (as specified in                             Service Bulletin
 paragraph (e) of this AD).                          087/56-001 (as
                                                     specified in
                                                     paragraph (e) of
                                                     this AD).
-----------------------------
(3) Repair any damaged        Prior to further      In accordance with
 windshield or window that     flight after the      the applicable
 is within the limits          inspection in which   Mitsubishi
 specified in Mitsubishi MU-   the damage was        Maintenance Manual.
 2 Service Bulletin No. 224    found.
 (as specified in paragraph
 (e) of this AD) and
 Mitsubishi MU-2 Service
 Bulletin 087/56-001 (as
 specified in paragraph (e)
 of this AD).
------------------------------------------------------------------------

    (e) Can I utilize different revisions to the affected service 
bulletins? The service bulletins required to accomplish these 
actions incorporate the following pages:
    (1) Mitsubishi MU-2 Service Bulletin No. 224:

------------------------------------------------------------------------
        Affected pages            Revision level            Date
------------------------------------------------------------------------
3, 5, and 6...................  Original Issue...  June 30, 1995.
2, 4..........................  B................  Nov. 11, 1996.
1.............................  C................  April 20, 1998.
------------------------------------------------------------------------

    (2) Mitsubishi MU-2 Service Bulletin No. 087/56-001B:

------------------------------------------------------------------------
        Affected pages            Revision level            Date
------------------------------------------------------------------------
3, 5, and 6...................  Original Issue...  June 29, 1995.
2.............................  A................  Sept. 26, 1996.
1, 4..........................  B................  May 4, 1998.
------------------------------------------------------------------------

    (f) Can I comply with this AD in any other way? You may use an 
alternative method of compliance or adjust the compliance time if:
    (1) Your alternative method of compliance provides an equivalent 
level of safety; and
    (2) The Manager, Standards Office, Small Airplane Directorate, 
approves your alternative. Submit your request through an FAA 
Principal Maintenance Inspector, who may add comments and then send 
it to the Manager, Standards Office, Small Airplane Directorate.

    Note 2: 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 (f) 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.

    (g) Where can I get information about any already-approved 
alternative methods of compliance? Direct all questions to:
    (1) For the airplanes manufactured in Japan ( Type Certificate 
A2PC): Mr. Carl Fountain, Aerospace Engineer, Los Angeles Aircraft 
Certification Office, FAA, 3960 Paramount Boulevard., Lakewood, 
California, 90712; telephone: (562) 627-5222; facsimile: (562) 627-
5210; and
    (2) For the airplanes manufactured in the United States (Type 
Certificate A10SW): Mr. Andy McAnaul, Aerospace Engineer, FAA, 
Airplane Certification Office, 2601 Meacham Boulevard, Fort Worth, 
Texas 76193-0150; telephone: (817) 222-5156; facsimile: (817) 222-
5960.
    (h) 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.
    (i) 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., 15303 Dallas Parkway, 
suite 685, LB-77, Dallas, Texas 75248; telephone: (972) 980-5001; 
facsimile: (972) 980-5091; or Mitsubishi Heavy Industries, Ltd., 
Nagoya Aerospace Systems Works, 10, OYE-CHO, MINATO-KU, Nagoya, 
Japan, telephone: NAGOYA (611) 2141, telex: 4464561HISI. You may 
view these documents at FAA, Central Region, Office of the Regional 
Counsel, 901 Locust, Room 506, Kansas City, Missouri 64106.

    Note 3: The subject of this AD is addressed in Japanese AD No. 
TCD-4311-95, dated November 15, 1995.


    Issued in Kansas City, Missouri, on March 19, 2003.
Sandra J. Campbell,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-7187 Filed 3-25-03; 8:45 am]
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