63830 Federal Register / Vol. 62, No. 232 / Wednesday, December 3, 1997 / Rules and Regulations

Torque the strut ends and wing root bolts

using adequate torque (do not over torque the

attach fittings).

10. If evidence of intergranular corrosion is

detected, remove and replace the corroded

part with an airworthy part.

11. Upon completion of the inspection,

replace the wing root fairings, wing

inspection hole covers and wing strut covers.

Issued in Kansas City, Missouri on

November 25, 1997.

Michael Gallagher,

Manager, Small Airplane Directorate, Aircraft

Certification Service.

[FR Doc. 97–31680 Filed 12–2–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–CE–22–AD; Amendment 39–

10225; AD 97–25–02]

RIN 2120–AA64

Airworthiness Directives; Mitsubishi

Heavy Industries MU–2B Series

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that

applies to all Mitsubishi Heavy Industry

(Mitsubishi) MU–2B series airplanes.

This AD requires amending the

Limitations Section of the airplane flight

manual (AFM) to prohibit the

positioning of the power levers below

the flight idle stop while the airplane is

in flight. This AFM amendment will

include a statement of consequences if

the limitation is not followed. This AD

results from numerous incidents and

five documented accidents involving

airplanes equipped with turboprop

engines where the propeller beta was

improperly utilized during flight. The

actions specified by this AD are

intended to prevent loss of airplane

control or engine overspeed with

consequent loss of engine power caused

by the power levers being positioned

below the flight idle stop while the

airplane is in flight.

EFFECTIVE DATE: January 21, 1998.

ADDRESSES: Information related to this

AD may be examined at the Federal

Aviation Administration (FAA), Central

Region, Office of the Regional Counsel,

Attention: Rules Docket No. 97–CE–22–

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

Kansas City, Missouri 64106.

FOR FURTHER INFORMATION CONTACT:

William Schinstock, Aerospace

Engineer, Wichita Aircraft Certification

Office, FAA, 1801 Airport Road,

Wichita, Kansas 67209; telephone (316)

946–4162; facsimile (316) 946–4407.

SUPPLEMENTARY INFORMATION:

Events Leading to the Issuance of This

AD

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 Industry

(Mitsubishi) MU–2B series airplanes

was published in the Federal Register

as a notice of proposed rulemaking

(NPRM) on July 2, 1997 (62 FR 35696).

The NPRM proposed to require

amending the Limitations Section of the

AFM to prohibit the positioning of the

power levers below the flight idle stop

while the airplane is in flight, including

a statement of consequences if the

limitation is not followed. This AFM

amendment shall consist of the

following language:

Positioning of power levers below the

flight idle stop while the airplane is in flight

is prohibited. Such positioning may lead to

loss of airplane control or may result in an

overspeed condition and consequent loss of

engine power.

The NPRM was the result of

numerous incidents and five

documented accidents involving

airplanes equipped with turboprop

engines where the propeller beta was

improperly utilized during flight.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due

consideration has been given to the two

comments received from the

manufacturer, Mitsubishi Heavy

Industries, Inc.

Comment Issue No. 1: Change the

‘‘Explanation of the Provisions of the

Proposed AD’’ Section of the NPRM

Mitsubishi explains that the statement

‘‘Since an unsafe condition has been

identified that could exist or develop on

other Mitsubishi MU–2B airplanes of

the same type design,’’ is misleading in

that it leads the reader to believe that

there is a design flaw with the MU–2B

series airplanes. Mitsubishi includes

proposed language to replace this

phrase.

The FAA concurs that this statement

could be misleading. This language is

not repeated in the final rule so

therefore no change is needed at this

time. The FAA will keep Mitsubishi’s

comments in mind while drafting future

AD’s. No changes have been made to the

final rule as a result of this comment.

Comment Issue No. 2: The Model MU–

2B–26A Excluded From the NPRM

Mitsubishi states that the Model MU–

2B–26A airplanes are excluded from the

NPRM, and asks if this was an oversight

on the FAA’s part. Mitsubishi feels that

these airplanes should be included in

the AD.

Mitsubishi is correct in assuming that

excluding the Model MU–2B–26A

airplanes from the NPRM was an

oversight. To add these airplanes in this

rulemaking action would require the

FAA to reopen the comment period and

delay final rule action for all of the MU–

2B series airplanes. The FAA will

address the Model MU–2B–26A

airplanes in a future rulemaking action.

No changes have been made to the final

rule as a result of this comment.

The FAA’s Determination

After careful review of all available

information related to the subject

presented above, the FAA has

determined that air safety and the

public interest require the adoption of

the rule as proposed except for minor

editorial corrections. The FAA has

determined that these minor corrections

will not change the meaning of the AD

and will not add any additional burden

upon the public than was already

proposed.

Compliance Time of This AD

The FAA has determined that the

compliance time of this AD should be

specified in calendar time instead of

hours time-in-service. While the

condition addressed by this AD is

unsafe while the airplane is in flight, the

condition is not a result of repetitive

airplane operation; the potential of the

unsafe condition occurring is the same

on the first flight as it is for subsequent

flights. The compliance time of ‘‘30 days

after the effective date of this AD’’ will

not inadvertently ground airplanes and

would assure that all owners/operators

of the affected airplanes accomplish this

AD in a reasonable time period.

Cost Impact

The FAA estimates that 437 airplanes

in the U.S. registry will be affected by

this AD, that it will take approximately

1 workhour per airplane to incorporate

the required AFM amendment, and that

the average labor rate is approximately

$60 an hour. Since an owner/operator

who holds at least a private pilot’s

certificate can accomplish this AD, as

authorized by sections 43.7 and 43.9 of

the Federal Aviation Regulations (14

CFR 43.7 and 43.9), the only cost impact

upon the public is the time it will take

the affected airplane owner/operators to

amend the AFM.
Federal Register / Vol. 62, No. 232 / Wednesday, December 3, 1997 / Rules and Regulations 63831

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.

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 copy of the final

evaluation prepared for this action is

contained in the Rules Docket. A copy

of it may be obtained by contacting 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

(AD) to read as follows:

97–25–02 Mitsubishi Heavy Industries:

Amendment 39–10225; Docket No. 97–

CE–22–AD.

Applicability: Models MU–2B, MU–2B–10,

MU–2B–15, MU–2B–20, MU–2B–25, MU–

2B–26, 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 (e) 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 30

days after the effective date of this AD, unless

already accomplished.

To prevent loss of airplane control or

engine overspeed with consequent loss of

engine power caused by the power levers

being positioned below the flight idle stop

while the airplane is in flight, accomplish the

following:

(a) Amend the Limitations Section of the

airplane flight manual (AFM) by inserting the

following language:

Positioning of power levers below the

flight idle stop while the airplane is in flight

is prohibited. Such positioning may lead to

loss of airplane control or may result in an

overspeed condition and consequent loss of

engine power.

(b) This action may be accomplished by

incorporating a copy of this AD into the

Limitations Section of the AFM.

(c) Amending the AFM, as required by this

AD, may be performed by the owner/operator

holding at least a private pilot certificate as

authorized by section 43.7 of the Federal

Aviation Regulations (14 CFR 43.7), and must

be entered into the aircraft records showing

compliance with this AD in accordance with

section 43.9 of the Federal Aviation

Regulations (14 CFR 43.9).

(d) 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 airplane to

a location where the requirements of this AD

can be accomplished.

(e) An alternative method of compliance or

adjustment of the compliance time that

provides an equivalent level of safety may be

approved by the Manager, Wichita Aircraft

Certification Office (ACO), FAA, 1801

Airport Road, Wichita, Kansas. The request

shall be forwarded through an appropriate

FAA Maintenance Inspector, who may add

comments and then send it to the Manager,

Wichita ACO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Wichita ACO.

(f) 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 64106.

(g) This amendment (39–10225) becomes

effective on January 21, 1998.

Issued in Kansas City, Missouri, on

November 25, 1997.

Michael Gallagher,

Manager, Small Airplane Directorate, Aircraft

Certification Service.

[FR Doc. 97–31675 Filed 12–2–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–CE–33–AD; Amendment 39–

10224; AD 97–25–01]

RIN 2120–AA64

Airworthiness Directives; Raytheon

Aircraft Company 58, 60, 90, 100, 200,

and 300 Series and Model 2000

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that

applies to all Raytheon Aircraft

Company (Raytheon) 58, 60, 90, 100,

200, and 300 series and Model 2000

airplanes (formerly referred to as Beech

58, 60, 90, 100, 200, and 300 series and

Beech Model 2000 airplanes). This AD

requires replacing certain AlliedSignal

Aerospace outflow/safety valves in the

pressurization system with new or

serviceable valves. The AD results from

a report of cracking and consequent

failure of the affected outflow safety

valves in the pressurization system.

Investigation has revealed problems

during the manufacturing process of

certain AlliedSignal outflow/safety

valves. The actions specified by this AD

are intended to prevent outflow/safety

valve cracking and consequent failure,

which could result in rapid

decompression of the airplane.

EFFECTIVE DATE: January 11, 1998.

ADDRESSES: Service information that

applies to the proposed AD may be

obtained from AlliedSignal Aerospace,

Technical Publications, Department 65–

70, P.O. Box 52170, Phoenix, Arizona

85072–2170. This information also may

be examined at the Federal Aviation

Administration (FAA), Central Region,

Office of the Regional Counsel,

Attention: Rules Docket No. 97–CE–33–

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

Kansas City, Missouri 64106.

FOR FURTHER INFORMATION CONTACT:

Michael D. Imbler, Aerospace Engineer,

FAA, Wichita Aircraft Certification

Office, 1801 Airport Road, Room 100,

Mid-Continent Airport, Wichita, Kansas

67209; telephone (316) 946–4147;

facsimile (316) 946–4407.

SUPPLEMENTARY INFORMATION:

Events Leading to the Issuance of This

AD

A proposal to amend part 39 of the

Federal Aviation Regulations (14 CFR

part 39) to include an AD that would