[Federal Register Volume 62, Number 33 (Wednesday, February 19, 1997)]
[Rules and Regulations]
[Pages 7339-7340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3960]
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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 96-CE-45-AD; Amendment 39-9938; AD 97-04-13]
RIN 2120-AA64
Airworthiness Directives; Mitsubishi Heavy Industries, Ltd., MU-
2B Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule
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SUMMARY: This amendment adopts a new airworthiness directive (AD) that
applies to Mitsubishi Heavy Industries, Ltd., (Mitsubishi) MU-2B series
airplanes. This AD requires removing the vent check valve assembly from
the bulkhead between the fuel tanks. This AD results from an incident
where both engines on an affected airplane failed near the end of a
flight because of lack of fuel to the engines. The incident is
attributed to the fuel filler caps on the top of the wings not sealing
correctly. The actions specified by this AD are intended to prevent the
inability of both engines to utilize the entire fuel supply because of
the outboard fuel not transferring to the center tank, which could
result in an uncommanded engine shutdown.
DATES: Effective April 16, 1997.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of April 16, 1997.
ADDRESSES: Service information that applies to this AD may be obtained
from Mitsubishi Heavy Industries, Ltd., Nagoya Aerospace Systems, 10,
Oyecho, Minato-Ku, Nagoya, Japan. This information may also be examined
at the Federal Aviation Administration (FAA), Central Region, Office of
the Assistant Chief Counsel, Attention: Rules Docket 96-CE-45-AD, Room
1558, 601 E. 12th Street, Kansas City, Missouri 64106; or at the Office
of the Federal Register, 800 North Capitol Street, NW., suite 700,
Washington, DC.
FOR FURTHER INFORMATION CONTACT: Mr. Eric M. Smith, Aerospace Engineer,
FAA, Los Angeles Aircraft Certification Office, 3960 Paramount
Boulevard, Lakewood, California 90712; telephone (310) 627-5260;
facsimile (310) 627-5210.
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 Mitsubishi MU-2B
series airplanes was published in the Federal Register as a notice of
proposed rulemaking (NPRM) on October 30, 1996 (61 FR 53939). The NPRM
proposed to require removing the vent check valve assembly from the
bulkhead between the fuel tanks. Accomplishment of the proposed action
as specified in the NPRM would be in accordance with Mitsubishi MU-2
Service Bulletin No. 130A, dated July 19, 1971.
The NPRM is the result of an incident where both engines on an
affected airplane failed near the end of a flight because of lack of
fuel to the engines. The incident is attributed to the fuel filler caps
on the top of the wings not sealing correctly.
Interested persons have been afforded an opportunity to participate
in the making of this amendment. No comments were received on the
proposed rule or the FAA's determination of the cost to the public.
[[Page 7340]]
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 compliance time for this AD is presented in calendar time
instead of hours time-in-service. The fuel filler cap may not seal
properly regardless of whether the airplane is in operation. For this
reason, the FAA has determined that a calendar time for compliance is
the most desirable.
Cost Impact
The FAA estimates that 14 airplanes in the U.S. registry will be
affected by this AD, that it will take approximately 3 workhours
(average: 4 workhours for seven airplanes and 2 workhours for seven
airplanes) per airplane to accomplish the required action, and that the
average labor rate is approximately $60 an hour. Based on these
figures, the total cost impact of the AD on U.S. operators is estimated
to be $2,520.
The above figure is based on the presumption that no owner/operator
of the affected airplanes has accomplished the required vent check
valve assembly removal. The FAA is aware that seven of the affected
airplanes are already in compliance with this AD. With this information
in mind, the cost impact upon U.S. operators/owners is reduced by
$1,260 from $2,520 to$1,260.
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, Incorporation by
reference, 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 USC 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding a new airworthiness directive
(AD) to read as follows:
97-04-13 Mitsubishi Heavy Industries, Ltd.: Amendment 39-9938;
Docket No. 96-CE-45-AD.
Applicability: Models MU-2B, MU-2B-10, MU-2B-15, MU-2B-20, and
MU-2B-30 airplanes (serial numbers 004 through 035, 037, 038, 101
through 230, 502 through 525, and 527 through 547), 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 (c) 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 60 calendar days after the
effective date of this AD, unless already accomplished.
To prevent the inability of both engines to utilize the entire
fuel supply because of the outboard fuel not transferring to the
center tank, which could result in an uncommanded engine shutdown,
accomplish the following:
(a) Remove the vent check valve assembly in accordance with the
instructions in Mitsubishi MU-2 Service Bulletin No. 130A, dated
July 19, 1971.
(b) 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.
(c) An alternative method of compliance or adjustment of the
compliance time that provides an equivalent level of safety may be
approved by the Manager, FAA, Los Angeles Aircraft Certification
Office (ACO), 3960 Paramount Boulevard, Lakewood, California 90712.
The request shall be forwarded through an appropriate FAA
Maintenance Inspector, who may add comments and then send it to the
Manager, Los Angeles ACO.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Los Angeles ACO.
(d) The removal required by this AD shall be done in accordance
with Mitsubishi MU-2 Service Bulletin No. 130A, dated July 19, 1971.
This incorporation by reference was approved by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Copies may be obtained from Mitsubishi Heavy Industries, Ltd.,
Nagoya Aerospace Systems, 10, Oyecho, Minato-Ku, Nagoya, Japan .
Copies may be inspected at the FAA, Central Region, Office of the
Assistant Chief Counsel, Room 1558, 601 E. 12th Street, Kansas City,
Missouri, or at the Office of the Federal Register, 800 North
Capitol Street, NW., suite 700, Washington, DC.
(e) This amendment (39-9938) becomes effective on April 16,
1997. Issued in Kansas City, Missouri, on February 11, 1997.
Henry A. Armstrong,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 97-3960 Filed 2-18-97; 8:45 am]
BILLING CODE 4910-13-U
