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 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:
Are consistent with the intent that was proposed in the NPRM for correcting the unsafe condition; and
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:
Labor Cost
Parts Cost
Total Cost Per Airplane
Total Cost on 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: http://www.faa.gov/aircraft/air_cert /design--approvals /small--airplanes/cos/mu2--foia--reading--library/.
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
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
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]
2. FAA amends Sec. 39.13 by adding a new AD to read as follows: