[Federal Register Volume 69, Number 41 (Tuesday, March 2, 2004)]
[Rules and Regulations]
[Pages 9750-9753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4512]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-CE-22-AD; Amendment 39-13504; AD 2003-22-07 R1]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; correction.

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SUMMARY: The FAA is revising Airworthiness Directive (AD) 2003-22-07, 
which applies to all Mitsubishi Heavy Industries, Ltd. (Mitsubishi) MU-
2B series airplanes. AD 2003-22-07 requires incorporating information 
into the Limitations Section of the Airplane Flight Manual (AFM) that 
requires pilot training before flight into known or forecast icing 
conditions after a certain date. AD 2003-22-07 resulted from the 
development of a new training video that includes information that is 
critical to safety of the MU-2B series airplanes. This AD revision is 
the result of the FAA incorrectly stating in the actions required by AD 
2003-22-07 that on or before June 15, 2004 (the effective date of AD 
2003-22-07), no person may serve as pilot-in-command (PIC) of a MU-2B 
series airplane in a flight into known or forecast icing conditions, 
unless the PIC has received the required training. Consequently, this 
AD will correct the actions required in AD 2003-22-07 to require those 
actions on or after June 15, 2004. We are issuing this AD to ensure 
that the Icing Awareness Training (IAT) requirement continues after 
June 15, 2004, in order to decrease the chance of icing-related 
incidents or accidents of the MU-2B series airplanes due to pilot 
error.

DATES: This AD becomes effective on April 16, 2004.

ADDRESSES: You may view the AD docket at FAA, Central Region, Office of 
the Regional Counsel, Attention: Rules Docket No. 2003-CE-22-AD, 901 
Locust, Room 506, Kansas City, Missouri 64106. Office hours are 8 a.m. 
to 4 p.m., Monday through Friday, except Federal holidays.

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

--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-

[[Page 9751]]

0150; telephone: (817) 222-5133; facsimile: (817) 222-5960.

SUPPLEMENTARY INFORMATION: 

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, and AD 2003-22-07, Amendment 39-13355.
    AD 97-20-14 required 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.
    AD 2003-22-07 also 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 based on a new training video developed 
by Mitsubishi.
    What has happened since AD 2003-22-07 to initiate this action? We 
incorrectly stated in the AFM Limitation that on or before June 15, 
2004 (the effective date of AD 2003-22-07), no person may serve as 
pilot-in-command (PIC) of a MU-2B series airplane in a flight into 
known or forecast icing conditions, unless the PIC has received the 
required training.
    Stating on or before June 15, 2004, means that after June 15, 2004, 
there is no longer a requirement to get the IAT training. This was not 
the intent of the FAA or Mitsubishi.
    The correct statement in the AFM Limitation should be that on or 
after June 15, 2004, no person may serve as pilot-in-command (PIC) of a 
MU-2B series airplane in a flight into known or forecast icing 
conditions, unless the PIC has received the required training.
    What is the potential impact if FAA took no action? If the language 
in the AFM Limitation Section is not corrected, no one would be 
required to have the mandatory pilot IAT training after June 15, 2004. 
Lack of mandatory pilot IAT training could result in an increased 
chance of icing-related incidents or accidents of the MU-2B series 
airplanes due to pilot error.

FAA's Determination and Requirements of the AD

    What has FAA decided? We have evaluated all pertinent information 
and identified an unsafe condition that is likely to exist or develop 
on other products of this same type design.
    Since the unsafe condition described previously is likely to exist 
or develop in Mitsubishi MU-2B series airplanes when the PIC is not 
proficient in the operating conditions of these airplanes, we are 
issuing this AD to decrease the chance of icing-related incidents or 
accidents of the MU-2B series airplanes due to pilot error.
    What does this AD require? This AD requires you to incorporate 
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. That AFM limitation 
consists of the following:

    On or after June 15, 2004, 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. One exception is that if training 
mandated by AD 97-20-14 has been received in the 24 months before 
June 15, 2004, then the new training must be done no later than 24 
months after the date of the AD 97-20-14 training. This two-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) 934-5480. 
Training is also available at the Sim Com and Reese Howell 
Enterprises training facilities and some local Flight Standards 
District Offices (FSDOs). Pilot logbook endorsements are available 
after completing this training from: Sim Com, Reese Howell 
Enterprises, Turbine Aircraft Services (TAS), an FAA Aviation Safety 
Inspector, or other FAA authorized personnel. Please note that all 
operators of the affected airplanes must initiate action to notify 
and ensure that flight crewmembers are aware of this requirement.

Changes to 14 CFR Part 39--Affect on the AD

    How does the revision to 14 CFR part 39 affect this AD? On July 10, 
2002, we 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 altered products, special flight permits, and 
alternative methods of compliance. 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.

Compliance Time of This AD

    What will be the compliance time of this AD? The compliance time of 
this AFM incorporation is ``within the next 10 days after the effective 
date of this AD.'' The actual viewing of the training video will be 
incorporated into the current schedule of the video required by AD 97-
20-14.
    Why is the compliance time presented in calendar time instead of 
hours time-in-service (TIS)? The unsafe condition described in this 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 will 
be used instead of a certain number of hours TIS.

Comments Invited

    Will I have the opportunity to comment before you issue the rule? 
This AD is a final rule that involves requirements affecting flight 
safety and was not preceded by notice and an opportunity for public 
comment; however, we invite you to submit any written relevant data, 
views, or arguments regarding this AD. Send your comments to an address 
listed under ADDRESSES. Include ``AD Docket No. 2003-CE-22-AD'' in the 
subject line of your comments. If you want us to acknowledge receipt of 
your mailed comments, send us a self-addressed, stamped postcard with 
the docket number written on it; we will date-stamp your postcard and 
mail it back to you. We specifically invite comments on the overall 
regulatory, economic, environmental, and energy aspects of the rule 
that might suggest a need to modify it. If a person contacts us through 
a nonwritten communication, and that contact relates to a substantive 
part of this AD, we will summarize the contact and place the summary in 
the docket. We will consider all comments received by the closing date 
and may amend the AD in light of those comments.

Regulatory Findings

    Will this AD impact various entities? We have determined that this 
AD will not have federalism implications under Executive Order 13132. 
This AD will 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.
    Will this AD involve a significant rule or regulatory action? For 
the reasons discussed above, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;

[[Page 9752]]

    2. Is not a ``significant rule'' under the 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.
    We prepared a summary of the costs to comply with this AD and 
placed it in the AD Docket. You may get a copy of this summary by 
sending a request to us at the address listed under ADDRESSES. Include 
``AD Docket No. 2003-CE-22-AD'' in your request.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

Adoption of the Amendment

0
Accordingly, under 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

0
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]

0
2. FAA amends Sec.  39.13 by removing Airworthiness Directive (AD) 
2003-22-07, Amendment 39-13355 (68 FR 61613, October 29, 2003), and by 
adding a new AD to read as follows:

2003-22-07 R1 Mitsubishi Heavy Industries, Ltd.: Amendment 39-13504; 
Docket No. 2003-CE-22-AD; Revises AD 2003-22-07, Amendment 39-13355.

When Does This AD Become Effective?

    (a) This AD becomes effective on April 16, 2004.

What Other ADs Are Affected by This Action?

    (b) This AD revises AD 2003-22-07, Amendment 39-13355.

What Airplanes Are Affected by This AD?

    (c) 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.

    Note: This AD also applies to owners and operators who are 
operating an MU-2B that is under the Alternative Method of 
Compliance (AMOC) to Item (d)(2) of AD 2000-09-15 R1, for non-air 
carrier pilots, that requires annual viewing of the Icing Awareness 
Video YET-01295. This AMOC stated that Mitsubishi Heavy Industries 
America (MHIA) produced icing training video referenceYET-97336A may 
optionally be used as an alternative to the YET 01295 until November 
24, 2004, provided it is a valid method of compliance to AD 97-20-
14. As of June 15, 2004, YET-97336A will now no longer be a valid 
method of compliance for this AMOC.

What Is the Unsafe Condition Presented in This AD?

    (d) This AD is the result of Mitsubishi developing a new 
training video that includes information that is critical to safety 
of the MU-2B series airplanes. The actions specified in this AD are 
intended to decrease the chance of icing-related incidents or 
accidents of the MU-2B series airplanes due to pilot error.

What Must I Do To Address This Problem?

    (e) To address this problem, you must accomplish the following:

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
Incorporate information into  Do the AFM            The owner/operator
 the Limitations Section of    incorporation         holding at least a
 the Airplane Flight Manual    within the next 10    private pilot
 (AFM) that requires pilot     days after April      certificate as
 training before further       16, 2004 (the         authorized by
 flight into known or          effective date of     section 43.7 of the
 forecast icing conditions     this AD).             Federal Aviation
 after a certain date. This                          Regulations (14 CFR
 AFM limitation consists of                          43.7) may
 the following: ``On or                              accomplish the AFM
 after June 15, 2004, no                             incorporation
 person may serve as pilot-                          requirement of this
 in-command (PIC) of a                               AD. Make an entry
 Mitsubishi MU-2B series                             into the aircraft
 airplane in a flight into                           records showing
 known or forecast icing                             compliance with
 conditions, unless the PIC                          this portion of the
 has received the following                          AD in accordance
 training since the                                  with Sec.   43.9 of
 beginning of the 24th                               the Federal
 calendar month before the                           Aviation
 scheduled flight: FAA-                              Regulations (14 CFR
 approved Mitsubishi Icing                           43.9). Inserting a
 Awareness Training (IAT)                            copy of this AD
 video YET-01295. One                                into the
 exception is that if                                Limitations Section
 training mandated by AD 97-                         of the AFM
 20-14 has been received in                          accomplishes this
 the 24 months before June                           portion of the AD.
 15, 2004, then the new
 training must be done no
 later than 24 months after
 the date of the AD 97-20-14
 training. This two-hour
 training has been available
 since July 2, 2002, and is
 provided by Mitsubishi
 Heavy Industries at no
 cost. 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)
 934-5480. Training is also
 available at Sim Com and
 Reese Howell Enterprises
 training facilities and
 some local Flight Standards
 District Offices (FSDOs).
 Pilot logbook endorsements
 are available after
 completing this training
 from: Sim Com, Reese Howell
 Enterprises, Turbine
 Aircraft Services (TAS), an
 FAA Aviation Safety
 Inspector, or other FAA
 authorized personnel.
 Please note that all
 operators of the affected
 airplanes must initiate
 action to notify and ensure
 that flight crewmembers are
 aware of this
 requirement.''.
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[[Page 9753]]

What About Alternative Methods of Compliance?

    (f) You may request a different method of compliance or a 
different compliance time for this AD by following the procedures in 
14 CFR 39.19. Unless FAA authorizes otherwise, send your request to 
your principal inspector. The principal inspector may add comments 
and will send your request to the Manager, Standards Office, Small 
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4110; facsimile: (816) 329-4090.
    (1) 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.
    (2) Alternative methods of compliance approved in accordance 
with AD 2003-22-07, which is revised by this AD, are approved as 
alternative methods of compliance with this AD.

    Issued in Kansas City, Missouri, on February 24, 2004.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-4512 Filed 3-1-04; 8:45 am]
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