[Federal Register: March 2, 2004 (Volume 69, Number 41)]
[Rules and Regulations]
[Page 9750-9753]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02mr04-5]
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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:
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Actions Compliance Procedures
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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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