AD 2006-17-05

[Federal Register Volume 71, Number 160 (Friday, August 18, 2006)]
[Rules and Regulations]
[Pages 47697-47699]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: E6-13554]



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Federal Register / Vol. 71, No. 160 / Friday, August 18, 2006 / Rules 
and Regulations

[[Page 47697]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-23884; Directorate Identifier 2006-CE-13-AD; 
Amendment 39-14726; AD 2006-17-05]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA adopts a new airworthiness directive (AD) for all 
Mitsubishi Heavy Industries (MHI) MU-2B series airplanes. This AD 
requires you to do flight checks of the rigging of the engine and 
propeller systems. This AD results from a recent safety evaluation that 
used a data-driven approach to evaluate the design, operation, and 
maintenance of the MU-2B series airplanes in order to determine their 
safety and define what steps, if any, are necessary for their safe 
operation. Part of that evaluation was the identification of unsafe 
conditions that exist or could develop on the affected type design 
airplanes. We are issuing this AD to detect and correct improper 
adjustment of the flight idle fuel flow setting. This condition, if 
uncorrected, could result in degraded performance and poor handling 
qualities with consequent loss of control of the airplane in certain 
situations.

DATES: This AD becomes effective on September 22, 2006.
    As of September 22, 2006, the Director of the Federal Register 
approved the incorporation by reference of certain publications listed 
in the regulation.

ADDRESSES: To get the service information identified in this AD, 
contact Mitsubishi Heavy Industries America, Inc., 4951 Airport 
Parkway, Suite 800, Addison, Texas 75001; telephone: (972) 934-5480; 
facsimile: (972) 934-5488.
    To view the AD docket, go to the Docket Management Facility; U.S. 
Department of Transportation, 400 Seventh Street, SW., Nassif Building, 
Room PL-401, Washington, DC 20590-0001 or on the Internet at <a href="http://dms.dot.gov">http://dms.dot.gov</a>. The docket number is FAA-2006-23884; Directorate 
Identifier 2006-CE-13-AD.

FOR FURTHER INFORMATION CONTACT: Rao Edupuganti, Aerospace Engineer, 
ASW-150, Fort Worth Aircraft Certification Office, 2601 Meacham Blvd., 
Fort Worth, Texas 76193; telephone: (817) 222-5284; facsimile: (817) 
222-5960.

SUPPLEMENTARY INFORMATION:

Discussion

    On April 21, 2006, 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 all Mitsubishi Heavy Industries (MHI) MU-2B series 
airplanes. This proposal was published in the Federal Register as a 
notice of proposed rulemaking (NPRM) on April 28, 2006 (71 FR 25117). 
The NPRM proposed to require you to do flight checks of the rigging of 
the engine and propeller systems.

Comments

    We provided the public the opportunity to participate in developing 
this AD. The following presents the comments received on the proposal 
and FAA's response to each comment:

Comment Issue No. 1: Revise the Manufacturer Contact Information

    Ralph Sorrells, Deputy General Manager of Mitsubishi Heavy 
Industries America, Inc., requests that we revise the manufacturer 
contact information from Mitsubishi Heavy Industries in Nagoya, Japan, 
to Mitsubishi Heavy Industries America, Inc. in Addison, Texas.
    We agree with the commenter and will incorporate the change into 
this final rule AD action.

Comment Issue No. 2: Correct the Date of the Japanese AD

    Ralph Sorrells, Deputy General Manager of Mitsubishi Heavy 
Industries America, Inc., requests that we correct the date of Japanese 
AD No. TCD 4890-98 from October 7, 1998, to November 4, 1998.
    We agree with the commenter and will incorporate the change into 
this final rule AD action.

Comment Issue No. 3: Remove Long-Body Models From Table 1, Paragraph 
(c)(1)

    The airplanes described in Table 1, paragraph (c)(1) are short-body 
airplanes. Models MU-2B-30, MU-2B-35, and MU-2B-36 are long-body 
airplanes.
    Ralph Sorrells, Deputy General Manager of Mitsubishi Heavy 
Industries America, Inc., requests that we remove reference of the 
long-body airplanes from Table 1, paragraph (c)(1).
    We agree with the commenter and will incorporate the change into 
this final rule AD action.

Comment Issue No. 4: Remove the Requirement to Have the Flight Check 
Done by Two Individuals

    Richard W. Shine states that to require another pilot or mechanic 
to be on board in order to do the flight checks would require a 
specific flight just for that purpose. This requirement is 
unnecessarily burdensome and will add significant cost to their 
operation. The commenter states that he can and has successfully and 
safely performed the flight checks himself.
    He requests that we remove the two-person flight check requirement.
    We agree with the commenter that the flight checks required in 
paragraph (e) of the proposed AD can safely be conducted with one rated 
pilot. This procedure is consistent with the referenced service 
bulletin and current practices. We inadvertently added the requirement 
for two individuals to do this check.
    We will incorporate the change into this final rule AD action and 
remove that requirement.

Comment Issue No. 5: Add Procedures for Checking the Flight Idle Fuel 
Flow on the Ground

    Michael Machinski requests that we change the proposed AD to 
incorporate maintenance procedures for checking the flight idle fuel 
flow on the ground.
    We do not agree with the commenter. Doing the flight idle flow 
check in flight is consistent with the referenced service

[[Page 47698]]

bulletins and current practices. The procedures in the service 
bulletins for doing this check have remained unchanged over the past 8 
years.
    Those procedures have proven to be good and acceptable; therefore, 
we are not changing the final rule AD action based on this comment.

Conclusion

    We have carefully reviewed the available data and determined that 
air safety and the public interest require adopting the AD as proposed 
except for the changes above and minor editorial corrections. We have 
determined that these changes and minor corrections:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM for correcting the unsafe condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Costs of Compliance

    We estimate that this AD affects 397 airplanes in the U.S. 
registry.
    We estimate the following costs to accomplish the initial flight 
check:

----------------------------------------------------------------------------------------------------------------
                                                                                  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         $31,760
----------------------------------------------------------------------------------------------------------------

    The FAA is committed to updating the aviation community of expected 
costs associated with the MU-2B series airplane safety evaluation 
conducted in 2005. As a result of that commitment, the accumulating 
expected costs of all ADs related to the MU-2B series airplane safety 
evaluation may be found in the Final Report section at the following 
Web site: <a href="http://www.faa.gov/aircraft/air_cert/design_approvals/small_airplanes/cos/mu2_foia_reading_library/">http://www.faa.gov/aircraft/air_cert/design_approvals/small_airplanes/cos/mu2_foia_reading_library/</a>.

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 AD.

Regulatory Findings

    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.
    For the reasons discussed above, I certify that this AD:
    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 summary of the costs to comply with this AD (and 
other information as included in the Regulatory Evaluation) 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 ``Docket 
No. FAA-2006-23884; Directorate Identifier 2006-CE-13-AD'' in your 
request.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, 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 adding a new AD to read as follows:

2006-17-05 Mitsubishi Heavy Industries: Amendment 39-14726; Docket 
No. FAA-2006-23884; Directorate Identifier 2006-CE-13-AD.

Effective Date

    (a) This AD becomes effective on September 22, 2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD affects the following airplane models and serial 
numbers that are certificated in any category:

                         Table 1.--Applicability
------------------------------------------------------------------------
      Type certificate               Models              Serial Nos.
------------------------------------------------------------------------
(1) A2PC...................  MU-2B, MU-2B-10, MU-   008 through 312, 314
                              2B-15, MU-2B-20, MU-   through 320, and
                              2B-25, and MU-2B-26.   322 through 347.
(2) A2PC...................  MU-2B-30, MU-2B-35,    501 through 651, 653
                              and MU-2B-36.          through 660, and
                                                     662 through 696.
(3) A10SW..................  MU-2B-25, MU-2B-26,    313SA, 321SA, and
                              and MU-2B-26A, and     348SA through
                              MU-2B-40.              459SA.
(4) A10SW..................  MU-2B-35, MU-2B-36A,   652SA, 661SA, and
                              and MU-2B-60.          697SA through
                                                     1569SA.
------------------------------------------------------------------------


[[Page 47699]]

Unsafe Condition

    (d) This AD results from a recent safety evaluation that used a 
data-driven approach to analyze the design, operation, and 
maintenance of the MU-2B series airplanes in order to determine 
their safety and define what steps, if any, are necessary for their 
safe operation. Part of that evaluation was the identification of 
unsafe conditions that exist or could develop on the affected type 
design airplanes. The actions specified in this AD are intended to 
detect and correct improper adjustment of the flight idle fuel flow 
setting. The above issue, if uncorrected, could result in degraded 
performance and poor handling qualities with consequent loss of 
control of the airplane in certain situations.

Compliance

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

                 Table 2.--Actions/Compliance/Procedures
------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
Do flight checks of the       Check within 100      For airplanes listed
 rigging of the engine and     hours time-in-        in TCDS A2PC:
 propeller systems and make    service (TIS) after   Follow MHI MV-2
 any necessary corrections.    September 22, 2006    Service Bulletin
 The owner/operator holding    (the effective date   No. 234, dated
 at least a private pilot      of this AD), and      October 7, 1998.
 certificate as authorized     repetitively         For airplanes listed
 by section 43.7 of the        thereafter at         in TCDS A10SW:
 Federal Aviation              intervals not to      Follow MHI MV-2
 Regulations (14 CFR 43.7)     exceed 100 hours      Service Bulletin
 may do these actions. Make    TIS. If any           No. 097/73-001,
 an entry into the aircraft    corrections are       dated July 24,
 logbook showing compliance    necessary, make the   1998.
 with this portion of the AD   corrections before
 in accordance with section    further flight.
 43.9 of the Federal
 Aviation Regulations (14
 CFR 43.9).
------------------------------------------------------------------------

Alternative Methods of Compliance (AMOCs)

    (f) The Manager, Fort Worth ACO, FAA, ATTN: Rao Edupuganti, 
Aerospace Engineer, ASW-150, 2601 Meacham Blvd., Fort Worth, Texas 
76193; telephone: (817) 222-5284; facsimile: (817) 222-5960, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19.

Related Information

    (g) Japan Civil Aviation Bureau Airworthiness Directive No. TCD 
4890-98, dated November 4, 1998; and MHI MV-2 Service Bulletins No. 
234, dated October 7, 1998; and No. 097/73-001, dated July 24, 1998, 
also address the subject of this AD.

Material Incorporated by Reference

    (h) You must do the actions required by this AD following the 
instructions in Mitsubishi Heavy Industries MV-2 Service Bulletin 
No. 234, dated October 7, 1998; and Mitsubishi Heavy Industries MV-2 
Service Bulletin No. 097/73-001, dated July 24, 1998. The Director 
of the Federal Register approved the incorporation by reference of 
this service bulletin in accordance with 5 U.S.C. 552(a) and 1 CFR 
part 51. To get a copy of these service bulletins, contact 
Mitsubishi Heavy Industries America, Inc., 4951 Airport Parkway, 
Suite 800, Addison, Texas 75001; telephone: (972) 934-5480; 
facsimile: (972) 934-5488. To review copies of this service 
information, go to the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, go to: <a href="http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html">http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html</a> or call (202) 741-6030. To 
view the AD docket, go to the Docket Management Facility; U.S. 
Department of Transportation, 400 Seventh Street, SW., Nassif 
Building, Room PL-401, Washington, DC 20590-0001 or on the Internet 
at <a href="http://dms.dot.gov">http://dms.dot.gov</a>. The docket number is FAA-2006-23884; 
Directorate Identifier 2006-CE-13-AD.

    Issued in Kansas City, Missouri, on August 11, 2006.
John R. Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E6-13554 Filed 8-17-06; 8:45 am]
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