[Federal Register Volume 74, Number 219 (Monday, November 16, 2009)]
[Proposed Rules]
[Pages 58919-58923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-27389]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1076; Directorate Identifier 2009-CE-019-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: We propose to supersede Airworthiness Directive (AD) 2006-17-
01, AD 2006-15-07, AD 2000-02-25, and AD 97-25-02, which apply to 
certain Mitsubishi Heavy Industries, Ltd. (MHI) various Model MU-2B 
airplanes. An FAA-led MU-2B safety evaluation resulted in the 
standardization of the MU-2B specific training and the FAA-accepted 
pilot operating checklists through a special federal aviation 
regulation (SFAR). MHI revised the airplane flight manuals (AFMs) to 
align them with the information in that training and the checklists. In 
addition, incorporating all AFM revisions up to and including this 
latest AFM revision will incorporate all AFM compliance actions 
required by the four above-mentioned ADs. This proposed AD would retain 
from AD 2006-17-01 the inspection of the engine torque indication 
system and possible recalibration of the torque pressure transducers 
and would require incorporating all revisions up to and including the 
latest revisions of the AFM. We are proposing this AD to correct 
inconsistencies in critical operating procedures between the MU-2B 
specific training, the FAA-accepted pilot operating checklists, and the 
AFMs. This condition, if not corrected, could result in operators using 
FAA-accepted pilot operating checklists that differ from the AFM in 
certain critical operating procedures, which could result in failure to 
properly operate the airplane. This failure could lead to loss of 
control.

DATES: We must receive comments on this proposed AD by December 31, 
2009.

ADDRESSES: Use one of the following addresses to comment on this 
proposed AD:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
     For service information identified in this proposed AD, 
contact Mitsubishi Heavy Industries America, Inc., 4951 Airport 
Parkway, Suite 800; Addison, Texas 75001; telephone: (972) 934-5480; 
fax: (972) 934-5488; Internet: http://www.mu-2aircraft.com or http://www.turbineair.com.

FOR FURTHER INFORMATION CONTACT: Al Wilson, Flight Test Pilot, FAA, 
Fort Worth Airplane Certification Office (ACO), 2601 Meacham Blvd., 
Fort Worth, Texas 76137; telephone: (817) 222-5146; fax: (817) 222-
5960.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include the docket number, ``FAA-
2009-1076; Directorate Identifier 2009-CE-019-AD'' at the beginning of 
your comments. We specifically invite comments on the overall 
regulatory, economic, environmental, and energy aspects of the proposed 
AD. We will consider all comments received by the closing date and may 
amend the proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive concerning this proposed AD.

Discussion

    This proposed AD results from inconsistencies in critical operating 
procedures between the MU-2B specific training, the FAA-accepted pilot 
operating checklists, and the AFMs. In 2005, the FAA, Aircraft 
Certification and Flight Standards Service, conducted an MU-2B safety 
evaluation. The FAA found that MU-2B specific training was not required 
for all operators and, when provided, was not standardized. The safety 
evaluation also revealed that many FAA-accepted pilot operating 
checklists used by operators and

[[Page 58920]]

trainers had no regulatory basis and were locally produced, lacking 
standardization for normal, abnormal, and emergency flight operations.
    In 2008, the FAA issued SFAR No. 108, Mitsubishi MU-2B Series 
Airplane Special Training, Experience, and Operating Requirements. The 
SFAR requires standardization for critical operating procedures in 
training and in the FAA-accepted pilot operating checklists. MHI 
revised the AFMs to align them with the information in the current 
SFAR. The FAA requested Mitsubishi Heavy Industries, Ltd. make changes 
to the AFM for each model approved under Type Certificate Data Sheets 
(TCDS) A10SW and A2PC.
    Incorporating all AFM revisions up to and including this latest AFM 
revision will incorporate the AFM actions in other ADs, as follows:
     AD 97-25-02, Amendment 39-10225 (62 FR 63830, December 3, 
1997), requires revising the Limitations section of the airplane AFM to 
prohibit positioning the power levers below the flight idle stop while 
the airplane is in flight.
     AD 2000-02-25, Amendment 39-11543 (65 FR 5422, February 4, 
2000), requires revising the AFM to include requirements for activating 
the airframe pneumatic deicing boots.
     AD 2006-15-07, Amendment 39-14687 (71 FR 41116, July 20, 
2006), requires revising the Limitations section of the AFM to prevent 
improper rigging of the propeller feathering linkage.
     AD 2006-17-01, Amendment 39-14722 (71 FR 47697, August 18, 
2006), requires inspecting the engine torque indication system, 
recalibrating the torque pressure transducers as required, and revising 
the Limitations section of the AFM to include power assurance charts. 
The one-time inspection of and possible recalibration is not part of 
the AFM revisions.
    This condition, if not corrected, could result in operators using 
FAA-accepted pilot operating checklists that differ from the AFM in 
certain critical operating procedures, which could result in failure to 
properly operate the airplane. This failure could lead to loss of 
control.

FAA's Determination and Requirements of the Proposed AD

    We are proposing this AD because we evaluated all information and 
determined the unsafe condition described previously is likely to exist 
or develop on other products of the same type design. This proposed AD 
would supersede AD 97-25-02, AD 2000-02-25, AD 2006-15-07, and AD 2006-
17-01 with a new AD that would:
     Require incorporating all revisions up to and including 
the latest revisions of the AFM; and
     Retain from AD 2006-17-01 the requirement of the engine 
torque indication system inspection and possible recalibration.

Costs of Compliance

    We estimate that this proposed AD would affect 355 airplanes.
    We estimate the following costs to accomplish the proposed engine 
torque indication system inspection, including the recalibration and 
ground check if needed. This is a retained cost from AD 2006-17-01:

----------------------------------------------------------------------------------------------------------------
                                                                                Total cost  per   Total cost on
                  Labor cost                              Parts cost                airplane      U.S. operators
----------------------------------------------------------------------------------------------------------------
5 work-hours x $80 = $400....................  Not applicable.................            $400         $142,000
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do the proposed AFM revisions:

----------------------------------------------------------------------------------------------------------------
                                                                                Total cost  per   Total cost on
                  Labor cost                              Parts cost                airplane      U.S. operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $80 per hour = $80.............  Not applicable.................             $80          $28,400
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
subtitle VII, part A, subpart III, section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD 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.
    For the reasons discussed above, I certify that the proposed 
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    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 regulatory evaluation of the estimated costs to 
comply with this proposed AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket that contains the proposed AD, the 
regulatory evaluation, any comments received, and other information on 
the Internet at http://www.regulations.gov; or in person at the Docket 
Management Facility between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The Docket Office (telephone (800) 647-5527) 
is located at the street address stated in the ADDRESSES section. 
Comments will be available in the AD docket shortly after receipt.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

[[Page 58921]]

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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. The FAA amends Sec.  39.13 by removing Airworthiness Directive 
(AD) 97-25-02, Amendment 39-10225 (62 FR 63830, December 3, 1997); AD 
2000-02-25, Amendment 39-11543 (65 FR 5422, February 4, 2000); AD 2006-
15-07, Amendment 39-14687 (71 FR 41116, July 20, 2006); and AD 2006-17-
01, Amendment 39-14722 (71 FR 47697, August 18, 2006), and adding the 
following new AD:

Mitsubishi Heavy Industries, Ltd.: Docket No. FAA-2009-1076; 
Directorate Identifier 2009-CE-019-AD.

Comments Due Date

    (a) We must receive comments on this airworthiness directive 
(AD) action by December 31, 2009.

Affected ADs

    (b) This AD supersedes AD 97-25-02, Amendment 39-10225; AD 2000-
02-25, Amendment 39-11543; AD 2006-15-07, Amendment 39-14687; and AD 
2006-17-01, Amendment 39-14722.

Applicability

    (c) This AD applies to the following airplane models and serial 
numbers that are certificated in any category:
    (1) Mitsubishi airplanes listed in Type Certificate Data Sheet 
(TCDS) A10SW:

------------------------------------------------------------------------
               Models                             Serial Nos.
------------------------------------------------------------------------
MU-2B-25, MU-2B-26, MU-2B-26A, MU-2B- All serial numbers.
 35, MU-2B-36, MU-2B-36A, MU-2B-40,
 MU-2B-60.
------------------------------------------------------------------------

     (2) Mitsubishi airplanes listed in TCDS A2PC:

------------------------------------------------------------------------
               Models                             Serial Nos.
------------------------------------------------------------------------
MU-2B, MU-2B-10, MU-2B-15, MU-2B-20,  All serial numbers.
 MU-2B-25, MU-2B-26, MU-2B-30, MU-2B-
 35, MU-2B-36.
------------------------------------------------------------------------

Unsafe Condition

    (d) This AD results from inconsistencies in critical operating 
procedures between the MU-2B specific training, the FAA-accepted 
pilot operating checklists, and the airplane flight manuals (AFM). 
MHI revised the airplane flight manuals (AFMs) to align them with 
the information in that training and the checklists. We are 
proposing this AD to correct the inconsistencies described above. 
This condition, if not corrected, could result in operators using 
FAA-accepted pilot operating checklists that differ from the AFM in 
certain critical operating procedures, which could result in failure 
to properly operate the airplane. This failure could lead to loss of 
control.

Compliance

    (e) Do the following unless already done:
    (1) Within 100 hours time-in-service (TIS) after September 22, 
2006 (the effective date retained from AD 2006-17-01), inspect the 
engine torque indication system and, before further flight after the 
inspection, recalibrate the torque pressure transducers as required. 
For airplanes listed in TCDS A2PC, follow Mitsubishi Heavy 
Industries, Ltd. (MHI) MU-2 Service Bulletin No. 233A, dated January 
14, 1999. For airplanes listed in TCDS A10SW, follow MHI MU-2 
Service Bulletin No. 095/77-002, dated July 15, 1998. This 
inspection requires the use of the power assurance charts referenced 
in Table 1 below:

                                Table 1--Power Assurance Chart From AD 2006-17-01
----------------------------------------------------------------------------------------------------------------
      Airplane  model  affected            Date and version of AFM               Page number  from  AFM
----------------------------------------------------------------------------------------------------------------
MU-2B...............................  AFM, Section 6, Revision 9,       6-34.
                                       dated January 14, 1999.
MU-2B-10............................  AFM, Section 6, Revision 9,       6-19.
                                       dated January 14, 1999.
MU-2B-15............................  AFM, Section 6, Revision 9,       6-19.
                                       dated January 14, 1999.
MU-2B-20............................  AFM, Section 6, Revision 9,       6-20.
                                       dated January 14, 1999.
MU-2B-25............................  AFM, Section 6, Reissued March    6-18 and 6-19.
                                       25, 1986; and.
                                      AFM, Section 6, Revision 9,       6-19.
                                       dated January 14, 1999.
MU-2B-26............................  AFM, Section 6, Reissued March    6-17 and 6-18.
                                       25, 1986; and.
                                      AFM, Section 6, Revision 9,       6-19.
                                       dated January 14, 1999.
MU-2B-26A...........................  AFM, Section 6, Reissued March    6-17 and 6-18.
                                       25, 1986.
MU-2B-30............................  AFM, Section 6, Revision 10,      6-19.
                                       dated January 14, 1999.
MU-2B-35............................  AFM, Section 6, Reissued March    6-18 and 6-19.
                                       25, 1986; and.
                                      AFM, Section 6, Revision 9,       6-19.
                                       dated January 14, 1999.
MU-2B-36............................  AFM, Section 6, Revision 9,       6-20.
                                       dated January 14, 1999.
MU-2B-36A...........................  AFM, Section 6, Reissued          6-20 and 6-21.
                                       February 28, 1986.
MU-2B-40............................  AFM, Section 6, Reissued March    6-17 and 6-18.
                                       25, 1986.
MU-2B-60............................  AFM, Section 6, Reissued          6-19 and 6-20.
                                       September 24, 1985.
----------------------------------------------------------------------------------------------------------------

     (2) Within the next 50 hours TIS after the effective date of 
this AD or within the next 6 months after the effective date of this 
AD, whichever occurs first, incorporate all revisions up to and 
including the latest revisions as published in the list of effective 
pages of the applicable AFM listed in Table 2 and Table 3. Assure 
that the applicable AFM contains each page, matching all the page 
numbers and page dates, listed in the Effective Pages listing for 
that AFM:

[[Page 58922]]



                           Table 2--TCDS A10SW
------------------------------------------------------------------------
      Airplane model               AFM name         Effective pages list
------------------------------------------------------------------------
MU-2B-25..................  MU-2B-25 Airplane      all revised pages up
                             Flight Manual K        to and including
                             Model, Document        revision 11, dated
                             Number MR-0156-1.      March 10, 2009, as
                                                    listed on page 1 and
                                                    page 2 of the
                                                    ``Effective Pages''
                                                    in the AFM.
MU-2B-26..................  MU-2B-26 Airplane      all revised pages up
                             Flight Manual M        to and including
                             Model, Document        revision 11, dated
                             Number MR-0160-1.      March 10, 2009, as
                                                    listed on page 1 and
                                                    page 2 of the
                                                    ``Effective Pages''
                                                    in the AFM.
MU-2B-26A.................  MU-2B-26A Airplane     all revised pages up
                             Flight Manual P        to and including
                             Model, Document        revision 13, dated
                             Number MR-0194-1.      March 10, 2009, as
                                                    listed on page 1 and
                                                    page 2 of the
                                                    ``Effective Pages''
                                                    in the AFM.
MU-2B-35..................  Not Available........  Contact the type
                                                    certificate holder
                                                    for the latest
                                                    revision of the FAA-
                                                    approved AFM.
MU-2B-36..................  Not Available........  Contact the type
                                                    certificate holder
                                                    for the latest
                                                    revision of the FAA-
                                                    approved AFM.
MU-2B-36A.................  MU-2B-36A Airplane     all revised pages up
                             Flight Manual N        to and including
                             Model, Document        revision 15, dated
                             Number MR-0196-1.      March 10, 2009, as
                                                    listed on page 1 and
                                                    page 2 of the
                                                    ``Effective Pages''
                                                    in the AFM.
MU-2B-40..................  MU-2B-40 Airplane      all revised pages up
                             Flight Manual          to and including
                             SOLITAIRE Model,       revision 13, dated
                             Document Number MR-    March 10, 2009, as
                             0271-1.                listed on page 1 and
                                                    page 2 of the
                                                    ``Effective Pages''
                                                    in the AFM.
MU-2B-60..................  MU-2B-60 Airplane      all revised pages up
                             Flight Manual          to and including
                             MARQUISE Model,        revision 15, dated
                             Document Number MR-    March 10, 2009, as
                             0273-1.                listed on page 1 and
                                                    page 2 of the
                                                    ``Effective Pages''
                                                    in the AFM.
------------------------------------------------------------------------


    Note:  The AFM revisions are not available for Models MU-2B-35 
and MU-2B-36 under TCDS A10SW because the only Model MU-2B-35 
airplane was destroyed and subsequently removed from the registry. 
The only Model MU-2B-36 airplane manufactured was converted to a 
Model MU-2B-36A. Mitsubishi Heavy Industries, Ltd. has indicated 
they have no intention of putting either model back in production. 
There are no other serial numbers eligible for either model, foreign 
or domestic. These models are still eligible under the type 
certificate, so if Mitsubishi Heavy Industries, Ltd. does put either 
model back in production, contact them for an FAA-approved AFM.


                           Table 3--TCDS A2PC
------------------------------------------------------------------------
      Airplane model               AFM name         Effective pages list
------------------------------------------------------------------------
MU-2B.....................  MU-2B Airplane Flight  all revised pages up
                             Manual, YET 67026A.    to and including
                                                    revision 13, dated
                                                    November 29, 2007,
                                                    as listed on page 1
                                                    and page 2 of the
                                                    ``Effective Pages''
                                                    in the AFM.
MU-2B-10..................  MU-2B-10 Airplane      all revised pages up
                             Flight Manual, YET     to and including
                             86400.                 revision 13, dated
                                                    November 29, 2007,
                                                    as listed on page 1
                                                    and page 2 of the
                                                    ``Effective Pages''
                                                    in the AFM.
MU-2B-15..................  MU-2B-15 Airplane      all revised pages up
                             Flight Manual, YET     to and including
                             68038A.                revision 13, dated
                                                    November 29, 2007,
                                                    as listed on page 1
                                                    and page 2 of the
                                                    ``Effective Pages''
                                                    in the AFM.
MU-2B-20..................  MU-2B-20 Airplane      all revised pages up
                             Flight Manual, YET     to and including
                             68034A.                revision 13, dated
                                                    November 29, 2007,
                                                    as listed on page 1
                                                    and page 2 of the
                                                    ``Effective Pages''
                                                    in the AFM.
MU-2B-25..................  MU-2B-25 Airplane      all revised pages up
                             Flight Manual, YET     to and including
                             71367A.                revision 13, dated
                                                    November 29, 2007,
                                                    as listed on page 1
                                                    and page 2 of the
                                                    ``Effective Pages''
                                                    in the AFM.
MU-2B-26..................  MU-2B-26 Airplane      all revised pages up
                             Flight Manual, YET     to and including
                             74129A.                revision 13, dated
                                                    November 29, 2007,
                                                    as listed on page 1
                                                    and page 2 of the
                                                    ``Effective Pages''
                                                    in the AFM.
MU-2B-30..................  MU-2B-30 Airplane      all revised pages up
                             Flight Manual, YET     to and including
                             69013A.                revision 14, dated
                                                    November 29, 2007,
                                                    as listed on page 1
                                                    and page 2 of the
                                                    ``Effective Pages''
                                                    in the AFM.
MU-2B-35..................  MU-2B-35 Airplane      all revised pages up
                             Flight Manual, YET     to and including
                             70186A.                revision 14, dated
                                                    November 29, 2007,
                                                    as listed on page 1
                                                    and page 2 of the
                                                    ``Effective Pages''
                                                    in the AFM.
MU-2B-36..................  MU-2B-36 Airplane      all revised pages up
                             Flight Manual, YET     to and including
                             74122A.                revision 13, dated
                                                    November 29, 2007,
                                                    as listed on page 1
                                                    and page 2 of the
                                                    ``Effective Pages''
                                                    in the AFM.
------------------------------------------------------------------------

Alternative Methods of Compliance (AMOCs)

    (f) The Manager, FAA, Fort Worth Airplane Certification Office 
(ACO), has the authority to approve AMOCs for this AD, if requested 
using the procedures found in 14 CFR 39.19. Send information to 
ATTN: Al Wilson, Flight Test Pilot, FAA, Fort Worth ACO, 2601 
Meacham Blvd., Fort Worth, Texas 76137; telephone: (817) 222-5146; 
fax: (817) 222-5960. Before using any approved AMOC on any airplane 
to which the AMOC applies, notify your appropriate principal 
inspector (PI) in the FAA Flight Standards District Office (FSDO), 
or lacking a PI, your local FSDO.

[[Page 58923]]

Related Information

    (g) To get copies of the AFM revisions referenced in this AD, 
contact Mitsubishi Heavy Industries America, Inc., 4951 Airport 
Parkway, Suite 800, Addison, Texas 75001; telephone: (972) 934-5480; 
fax: (972) 934-5488; Internet: http://www.mu-2aircraft.com or http://www.turbineair.com. To view the AD docket, go to U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, or 
on the Internet at http://www.regulations.gov.

    Issued in Kansas City, Missouri, on November 9, 2009.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. E9-27389 Filed 11-13-09; 8:45 am]
BILLING CODE 4910-13-P