[Federal Register Volume 68, Number 107 (Wednesday, June 4, 2003)]
[Proposed Rules]
[Pages 33423-33426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13980]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-CE-22-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) 97-20-14, which applies to all Mitsubishi Heavy Industries, Ltd. 
(Mitsubishi) MU-2B series airplanes. AD 97-20-14 currently 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. AD 97-20-
14 was the result of the Federal Aviation Administration's analysis 
that the training level of the pilots-in-command (PIC) of the MU-2B 
series airplanes made it difficult for pilots to recognize adverse 
operating conditions and operate safely while flying in icing 
conditions. Since issuance of AD 97-20-14, a new training video has 
been developed that includes information that is critical to safety of 
the MU-2B series airplanes. This proposed AD would require updating the 
AFM information to require this new video as the mandatory pilot 
training. The actions specified by this proposed AD are intended to 
decrease the chance of icing-related incidents or accidents of the MU-
2B series airplanes due to pilot error.

DATES: The Federal Aviation Administration (FAA) must receive any 
comments on this proposed rule on or before August 5, 2003.

ADDRESSES: Submit comments to FAA, Central Region, Office of the 
Regional Counsel, Attention: Rules Docket No. 2003-CE-22-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. 2003-CE-22-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 view information related to this proposed AD at the address 
above.

FOR FURTHER INFORMATION CONTACT: Contact one of the following for 
questions or more information related to this subject:


[[Page 33424]]


--For General Icing Related Questions: Mr. Paul Pellicano, Aerospace 
Engineer (Icing Specialist), Atlanta Aircraft Certification Office, 
FAA, One Crown Center, 1895 Phoenix Boulevard, Suite 450, Atlanta, 
Georgia 30349; telephone: (770) 703-6064; facsimile: (770) 703-6097;
--For Questions Relating to Airplanes on Type Certificate Data Sheet 
(TCDS) A2PC: Mr. Carl Fountain, Aerospace Engineer, Los Angeles 
Aircraft Certification Office, FAA, 3960 Paramount Boulevard, Lakewood, 
California 90712; telephone: (562) 627-5222; facsimile: (562) 627-5228; 
or
--For Questions Relating to Airplanes on TCDS A10SW: Mr. 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 proposed 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. 2003-CE-22-AD.'' We will date stamp and 
mail the postcard back to you.

Discussion

Has FAA Taken Any Action to This Point?

    Analysis that the training level of the pilots-in-command (PIC) of 
the MU-2B series airplanes made it difficult for them to recognize 
adverse operating conditions and operate safely while flying in icing 
conditions caused FAA to issue AD 97-20-14, Amendment 39-10150 (62 FR 
51594, October 2, 1997). AD 97-20-14 currently requires incorporating 
information into the Limitations Section of the Airplane Flight Manual 
(AFM) that requires pilot training before further flight into known or 
forecast icing conditions after a certain date. This AFM limitation 
consists 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.

What Has Happened Since AD 97-20-14 To Initiate This Proposed Action?

    Since issuance of AD 97-20-14, Mitsubishi has developed a new 
training video, and FAA has determined that it includes information 
that is critical to the safety of the MU-2B series airplanes. This 
information includes:

--Procedures to recognize severe icing conditions that may overpower 
the propeller ice protection system and result in rapid airspeed loss 
without significant airframe ice accretion;
--Pneumatic deicing boot activation procedures as required by AD 2000-
02-25, Amendment 39-11543 (65 FR 5422, February 4, 2000); and
--A clarified definition of icing conditions that is critical for 
operation of the engine ice protection system.

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 type design Mitsubishi MU-2B series airplanes if the PIC is 
not proficient in the operating conditions of these airplanes;
--The actions of AD 97-20-14 should be changed to incorporate the new 
training video; 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 97-20-14 and would require 
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 before -------- (6 months after the effective date of this 
AD), 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 Mitsubishi Icing Awareness Training (IAT) video 
YET-01295. If training mandated by AD 97-20-14 has been received in 
the 24 months before -------- (6 months after the effective date of 
this AD), then the new training must be done no later than 24 months 
after the date of the AD 97-20-14 training. This eight-hour training 
has been available since July 2, 2002, 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 Turbine Aircraft Services at (972) 248-3108. Training is 
also available at the Sim Com and Reese Howell Enterprises training 
facilities and some local Flight Standards District Offices (FSDOs). 
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.

How Does the Revision to 14 CFR Part 39 Affect This Proposed AD?

    On July 10, 2002, FAA published a new version of 14 CFR part 39 (67 
FR 47997, July 22, 2002), which governs FAA's AD system. This 
regulation now includes material that relates to special flight 
permits, alternative methods of

[[Page 33425]]

compliance, and altered products. This material previously was included 
in each individual AD. Since this material is included in 14 CFR part 
39, we will not include it in future AD actions.

Cost Impact

How Many Airplanes Would This Proposed AD Impact?

    We estimate that this proposed AD affects 300 airplanes in the U.S. 
registry.

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

    The pilot can accomplish all the work associated with this proposed 
action. We estimate less than 1 hour to incorporate the information 
into the AFM and another 8 hours to view the training video.

Compliance Time of This Proposed AD

What Would Be the Compliance Time of This Proposed AD?

    The compliance time of the proposed AFM incorporation is ``within 
the next 10 days after the effective date of this AD.'' The actual 
viewing of the training video would be incorporated into the current 
schedule of the video required by AD 97-20-14.

Why Is This Proposed Compliance Time Presented in Calendar Time Instead 
of Hours Time-in-Service (TIS)?

    The unsafe condition described in this proposed AD is not a direct 
result of airplane design or operation, but is attributed to the 
expertise and knowledge of the PIC. For this reason, FAA has determined 
that a compliance time based upon calendar time should be proposed 
instead of a certain number of hours TIS.

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) 
97-20-14, Amendment 39-10150 (62 FR 51594, October 2, 1997), and by 
adding a new AD to read as follows:

Mitsubishi Heavy Industries, Ltd.: Docket No. 2003-CE-22-AD; 
Supersedes AD 97-20-14, Amendment 39-10150.

    (a) What airplanes are affected by this AD? This AD affects 
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, 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 decrease the chance of icing-related 
incidents or accidents of the MU-2B series airplanes due to pilot 
error.
    (d) What actions must I accomplish to address this problem? To 
address this problem, you must accomplish the following:

[[Page 33426]]



------------------------------------------------------------------------
             Actions                  Compliance          Procedures
------------------------------------------------------------------------
Incorporate information into the  Do the AFM          The owner/operator
 Limitations Section of the        incorporation       holding at least
 Airplane Flight Manual (AFM)      within the next     a private pilot
 that would require pilot          10 days after the   certificate as
 training before further flight    effective date of   authorized by
 into known or forecast icing      this AD.            section 43.7 of
 conditions after a certain                            the Federal
 date. This AFM limitation would                       Aviation
 consist of the following: ``On                        Regulations (14
 or before --------(6 months                           CFR 43.7) may
 after the effective date of                           accomplish the
 this AD), no person may serve                         AFM incorporation
 as pilot-in-command (PIC) of a                        requirement of
 Mitsubishi MU-2B series                               this AD. Make an
 airplane in a flight into known                       entry into the
 or forecast icing conditions,                         aircraft records
 unless the PIC has received the                       showing
 following training since the                          compliance with
 beginning of the 24th calendar                        these portions of
 month before the scheduled                            the AD in
 flight: FAA-approved Mitsubishi                       accordance with
 IAT video YET-01295. If                               section 43.9 of
 training mandated by AD 97-20-                        the Federal
 14 has been received in the 24                        Aviation
 months before --------(6 months                       Regulations (14
 after the effective date of                           CFR 43.9).
 this AD), then the new training
 must be done no later than 24
 months after the date of the AD
 97-20-14 training. This eight-
 hour training has been
 available since July 2, 2002,
 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
 Turbine Aircraft Services at
 (972) 248-3108. Training is
 also available at Sim Com and
 Reese Howell Enterprises
 training facilities and some
 local Flight Standards District
 Offices (FSDOs). 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''.
------------------------------------------------------------------------

    (e) Can I comply with this AD in any other way?
    (1) To use an alternative method of compliance or adjust the 
compliance time, follow the procedures in 14 CFR 39.19. Send these 
requests to the Manager, Standards Office, Small Airplane 
Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; 
telephone: (816) 329-4110; facsimile: (816) 329-4090.
    (2) For information on any already approved alternative methods 
of compliance, contact Mr. Paul Pellicano, Aerospace Engineer (Icing 
Specialist), Atlanta Aircraft Certification Office, FAA, One Crown 
Center, 1895 Phoenix Boulevard, Suite 450, Atlanta, Georgia 30349; 
telephone: (770) 703-6064; facsimile: (770) 703-6097.
    (3) Alternative methods of compliance approved in accordance 
with AD 97-20-14, which is superseded by this AD, are not approved 
as alternative methods of compliance with this AD.
    (f) How do I get copies of the documents referenced in this AD? 
You may view information related to this document at FAA, Central 
Region, Office of the Regional Counsel, 901 Locust, Room 506, Kansas 
City, Missouri 64106.
    (g) Does this AD action affect any existing AD actions? This 
amendment supersedes AD 97-20-14, Amendment 39-10150.

    Issued in Kansas City, Missouri, on May 28, 2003.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-13980 Filed 6-3-03; 8:45 am]
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