51594 Federal Register / Vol. 62, No. 191 / Thursday, October 2, 1997 / Rules and Regulations

levels of government. Therefore, in

accordance with Executive Order 12612,

it is determined that this final rule does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

For the reasons discussed above, I

certify that this 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)

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 final evaluation has

been prepared for this action and it is

contained in the Rules Docket. A copy

of it may be obtained from 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.

Adoption of the Amendment

Accordingly, pursuant to 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

1. The authority citation for part 39

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding a new airworthiness directive to

read as follows:

97–20–12 McDonnell Douglas Helicopter

Systems: Amendment 39–10149. Docket

No. 96–SW–30–AD.

Applicability: Model MD–900 helicopters,

certificated in any category.

Note 1: This AD applies to each helicopter

identified in the preceding applicability

provision, regardless of whether it has been

modified, altered, or repaired in the area

subject to the requirements of this AD. For

helicopters that have been modified, altered,

or repaired so that the performance of the

requirements of this AD is affected, the

owner/operator must use the authority

provided in paragraph (h) to request approval

from the FAA. This approval may address

either no action, if the current configuration

eliminates the unsafe condition, or different

actions necessary to address the unsafe

condition described in this AD. Such a

request should include an assessment of the

effect of the changed configuration on the

unsafe condition addressed by this AD. In no

case does the presence of any modification,

alteration, or repair remove any helicopter

from the applicability of this AD.

Compliance: Required before further flight,

unless accomplished previously.

To prevent possible heat accumulation and

resulting damage to the main rotor

swashplate bearing (bearing) caused by the

bearing races rotating relative to the bearing

seat, which could result in degraded

helicopter response to pilot control input and

possible loss of control of the helicopter,

accomplish the following:

(a) Disconnect the lower end of the main

rotor pitch links. Disconnecting the drive

link may make the inspection easier.

(b) Cut the safety wire and remove the

inner and outer labyrinth seals, part number

(P/N) 900C2010194–101 and P/N

900C201190–101, respectively, and the inner

and outer bearing retaining rings.

(c) Inspect the bearing, part number (P/N)

900C3010100–101, to determine if it has one

of the following serial numbers (S/N): S/N

059150–E0019, S/N 059150–E0020, S/N

059150–E0021, S/N 059150–E0022, S/N

059150–E0023, S/N 059150–E0024, S/N

059150–E0025, S/N 059150–E0026, S/N

059150–E0027, S/N 059150–E0028, S/N

059150–E0029, or S/N 059150–E0030.

Note 2: S/N’s similar to those above were

produced without the character ‘‘E’’ in the

number. This AD is only concerned with

those that contain the character ‘‘E’’.

(d) Enter into the helicopter Log Book the

bearing S/N.

(e) If a bearing having one of the S/N’s

stated in paragraph (c) of this AD is installed

on the helicopter, remove the bearing and

replace it with an airworthy bearing prior to

further flight.

(f) Prior to the installation of a swashplate

assembly, inspect the bearing in accordance

with the requirements of this AD.

(g) Report the results of all inspections

required by this AD within 72 hours to the

Manager, Los Angeles Aircraft Certification

Office, 3960 Paramount Blvd., Lakewood,

California 90712. Reporting requirements

have been approved by the Office of

Management and Budget and assigned OMB

control number 2120–0056.

(h) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager, Los

Angeles Aircraft Certification Office, FAA.

Operators shall submit their requests through

an FAA Principal Maintenance Inspector,

who may concur or comment and then send

it to the Manager, Los Angeles Aircraft

Certification Office.

Note 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Los Angeles Aircraft

Certification Office.

(i) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the helicopter

to a location where the requirements of this

AD can be accomplished.

(j) This amendment becomes effective on

November 6, 1997.

Issued in Fort Worth, Texas, on September

24, 1997.

Eric Bries,

Acting Manager, Rotorcraft Directorate,

Aircraft Certification Service.

[FR Doc. 97–25970 Filed 10–1–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–CE–94–AD; Amendment 39–

10150; AD 97–20–14]

RIN 2120–AA64

Airworthiness Directives; Mitsubishi

Heavy Industries, Ltd., MU–2B Series

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that

applies to all Mitsubishi Heavy

Industries, Ltd. (Mitsubishi) MU–2B

series airplanes. This AD 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. This AD results from the Federal

Aviation Administration’s analysis that

the current training level of the pilotsin-command (PIC) of the MU–2B series

airplanes makes it difficult for pilots to

recognize adverse operating conditions

and operate safely while flying in icing

conditions. Similar training to that

required in this AD for pilots of other

high performance airplanes has shown a

lower accident rate over time after the

training than before. 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.

DATES: Effective October 17, 1997.

Comments for inclusion in the Rules

Docket must be received on or before

November 24, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Central Region,

Office of the Regional Counsel,

Attention: Rules Docket No. 97–CE–94–

AD, Room 1558, 601 E. 12th Street,

Kansas City, Missouri 64106.

Information related to this AD may be

examined at the address above.

FOR FURTHER INFORMATION CONTACT: Mr.

John Dow, Aerospace Engineer, FAA,
Federal Register / Vol. 62, No. 191 / Thursday, October 2, 1997 / Rules and Regulations 51595

Small Airplane Directorate, 1201

Walnut, suite 900, Kansas City, Missouri

64106; telephone (816) 426–6934;

facsimile (816) 426–2169.

SUPPLEMENTARY INFORMATION:

Events Leading to This AD

Service history of the Mitsubishi MU–

2B series airplanes prompted the FAA

to examine the design of these airplanes

and analyze the ability of the pilots of

these airplanes to fly and operate in

icing conditions. The FAA recently

conducted a special certification review

(SCR) for the Mitsubishi MU–2B series

airplanes. This examination shows that

several accidents have occurred, and

that future accidents/incidents may be

prevented by modifications to the

airplane design (to be addressed in

another AD action) and by additional

training to enhance the pilot’s ability to

manage the airplane in adverse

operating conditions.

The FAA believes that pilots are not

properly interpreting or recognizing the

performance degradation and visual ice

buildup cues of the airframe that can

occur during flight into icing conditions

on the Mitsubishi MU–2B series

airplanes. Additional pilot training will

enhance the pilot’s ability to recognize

adverse operating conditions and

properly manage the MU–2B series

airplane.

The FAA’s analysis of the

performance capabilities of the

Mitsubishi MU–2B airplane operating in

icing conditions shows that this training

is needed for the pilot-in-command.

Correct operation of the Mitsubishi MU–

2B series airplanes in adverse operating

conditions (primarily icing conditions),

including full knowledge of the

capabilities of the airplane, is necessary

in order to prevent any future incidents

or accidents.

Information Developed To Help Prevent

the Above Condition

Mitsubishi, working with the FAA,

has developed a video tape that

provides in-depth information on

certain aspects of the operation of the

Mitsubishi MU–2B series airplanes.

This video tape, Mitsubishi Training

Video No. YET–97336, is part of an

eight-hour training program that

includes a focus on the following

aspects of the MU–2B series airplanes

operational characteristics during flight

in icing conditions:

—General conditions that all airplanes

encounter while flying in icing or

freezing precipitation conditions;

—Information on the operation of all

equipment and aspects associated

with operation of these airplanes in

icing conditions, including, but not

limited to, autopilot operation; autoignition relight; propeller

performance; stall characteristics; and

recommended modes of operation;

and

—A summary of the accident reports of

the Mitsubishi MU–2B airplanes

operated in icing conditions; the cues

to look for and methods to exit icing

conditions when these cues are

recognized; and the lessons learned

from these accidents to use for future

operation of the aircraft.

Service history from other

manufacturers initiating similar training

(though on a voluntary basis) reveals a

lower incident and accident rate for the

airplanes after the training was

conducted.

The FAA’s Determination

After examining the circumstances

and reviewing all available information

related to the incidents described above,

including the relevant training program

developed by Mitsubishi, the FAA has

determined the following:

—Pilots experienced in flying twinengine propeller airplanes may not be

completely familiar with the

operational characteristics of the

Mitsubishi MU–2B series airplanes in

adverse operating conditions;

—That the above-described training will

provide pilots the knowledge required

to safely operate Mitsubishi MU–2B

series airplanes in adverse operating

conditions;

—That all pilots-in-command (PIC) of

Mitsubishi MU–2B series airplanes

should have the above-described

training no later than November 15,

1997, and thereafter every 2 years, in

order to have the authority to

continue to fly into known or forecast

icing conditions; and

—AD action should be taken to decrease

the chance of icing-related incidents

or accidents of the affected airplanes

due to pilot error.

Explanation of the Provisions of the AD

Since an unsafe condition has been

identified that is likely to exist or

develop in other Mitsubishi MU–2B

series airplanes if the PIC is not

proficient in the operating conditions of

these airplanes, the FAA is issuing an

AD. This AD requires 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 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.

Reasons for AD Action Instead of Other

Methods

Requiring the AFM Limitation for

training the PIC of the aspects of the

operation of the Mitsubishi MU–2B

series airplanes is critical to safe

operation of these airplanes during the

upcoming icing seasons. The FAA

determined that the only method of

mandating this type of training before

the next icing season is through an AD.

Using the AD approach for this type of

training is considered an interim

method of addressing this subject, until

the FAA determines the best method to

use to mandate this type of training.

Determination of the Compliance Time

of This AD

The unsafe condition described in

this AD is not a direct result of airplane

design or the number of hours the

airplane is operated, but is attributed to

the expertise and knowledge of the PIC.

For this reason, the FAA has determined

that a compliance time based upon

calendar time (24 hours after the

effective date of the AD) should be

utilized instead of a certain number of

hours time-in-service (TIS).

Determination of the Effective Date of

the AD

Since a situation exists that requires

the immediate adoption of this

regulation, it is found that notice and

opportunity for public prior comment

hereon are impracticable, and that good

cause exists for making this amendment

effective in less than 30 days.

Comments Invited

Although this action is in the form of

a final rule that involves requirements

affecting immediate flight safety and,

thus, was not preceded by notice and
51596 Federal Register / Vol. 62, No. 191 / Thursday, October 2, 1997 / Rules and Regulations

opportunity to comment, comments are

invited on this rule. Interested persons

are invited to comment on this rule by

submitting such written data, views, or

arguments as they may desire.

Communications should identify the

Rules Docket number and be submitted

in triplicate to the address specified

above. All communications received on

or before the closing date for comments

will be considered, and this rule may be

amended in light of the comments

received. Factual information that

supports the commenter’s ideas and

suggestions is extremely helpful in

evaluating the effectiveness of the AD

action and determining whether

additional rulemaking action would be

needed.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the rule that might suggest a need to

modify the rule. All comments

submitted will be available, both before

and after the closing date for comments,

in the Rules Docket for examination by

interested persons. A report that

summarizes each FAA-public contact

concerned with the substance of this AD

will be filed in the Rules Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this rule must

submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket No. 97–CE–94–AD.’’ The

postcard will be date stamped and

returned to the commenter.

Regulatory Impact

The regulations adopted herein will

not have substantial direct effects 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, in

accordance with Executive Order 12612,

it is determined that this final rule does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

The FAA has determined that this

regulation is an emergency regulation

that must be issued immediately to

correct an unsafe condition in aircraft,

and is not a significant regulatory action

under Executive Order 12866. It has

been determined further that this action

involves an emergency regulation under

DOT Regulatory Policies and Procedures

(44 FR 11034, February 26, 1979). If it

is determined that this emergency

regulation otherwise would be

significant under DOT Regulatory

Policies and Procedures, a final

regulatory evaluation will be prepared

and placed in the Rules Docket

(otherwise, an evaluation is not

required). A copy of it, if filed, may be

obtained from the Rules Docket.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Safety.

Adoption of the Amendment

Accordingly, pursuant to 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

1. The authority citation for part 39

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding a new airworthiness directive

(AD) to read as follows:

97–20–14 Mitsubishi Heavy Industries,

Ltd.: Amendment 39–10150; Docket No.

97–CE–94–AD.

Applicability: 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,

certificated in any category.

Note 1: This AD applies to each airplane

identified in the preceding applicability

provision, regardless of whether it has been

modified, altered, or repaired in the area

subject to the requirements of this AD. For

airplanes that have been modified, altered, or

repaired so that the performance of the

requirements of this AD is affected, the

owner/operator must request approval for an

alternative method of compliance in

accordance with paragraph (d) of this AD.

The request should include an assessment of

the effect of the modification, alteration, or

repair on the unsafe condition addressed by

this AD; and, if the unsafe condition has not

been eliminated, the request should include

specific proposed actions to address it.

Compliance: Required within the next 24

hours after the effective date of this AD,

unless already accomplished.

To decrease the chance of icing-related

incidents or accidents of the affected

airplanes due to pilot error, accomplish the

following:

(a) Incorporate the following into the

Limitations Section of the FAA-approved

Airplane Flight Manual (AFM):

‘‘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.’’

(b) Inserting a copy of this AD into the

Limitations Section of the AFM accomplishes

the intent of this AD.

(c) Incorporating the AFM insert, as

required by this AD, may be performed by

the owner/operator of the affected airplane

provided he/she holds at least a private pilot

certificate as authorized by section 43.7 of

the Federal Aviation Regulations (14 CFR

43.7). Accomplishment of this action must be

entered into the aircraft records showing

compliance with this AD in accordance with

section 43.11 of the Federal Aviation

Regulations (14 CFR 43.11).

(d) An alternative method of compliance or

adjustment of the compliance time that

provides an equivalent level of safety may be

approved by the Manager, Small Airplane

Directorate, FAA, Aircraft Certification

Service, 1201 Walnut, suite 900, Kansas City,

Missouri 64106. The request shall be

forwarded through an appropriate FAA

Operations Inspector, who may add

comments and then send it to the Manager,

Small Airplane Directorate.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Small Airplane

Directorate.

(e) Information related to this AD may be

examined at the FAA, Central Region, Office

of the Regional Counsel, Room 1558, 601 E.

12th Street, Kansas City, Missouri.

(f) This amendment (39–10150) becomes

effective on October 17, 1997.

Issued in Kansas City, Missouri, on

September 26, 1997.

Henry A. Armstrong,

Acting Manager, Small Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 97–26107 Filed 10–1–97; 8:45 am]

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