Discussion
On February 3, 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 some MHI MU-2B series airplanes. This proposal was published in the Federal Register as a notice of proposed rulemaking (NPRM) on February 9, 2006 (71 FR 6685). The NPRM proposed to require you to check the flight idle blade angle setting and set to 12 degrees if not already.
Comments
We provided the public the opportunity to participate in developing this AD. The following presents the comment received on the proposal and FAA's response to the comment:
Comment Issue: Need for Issuance of This AD After 25 Years Since the Issuance of the Service Bulletin
Mitsubishi Heavy Industries America, Inc. questions the need for an AD 25 years after the service bulletin has been issued. In 1980, MHI (Mitsubishi Aircraft International, Inc. at the time of issuance) issued Service BulletinNo. SB016/61-001, dated March 18, 1980, to change the flight blade angles from 16 degrees to 12 degrees. The type certificate data sheet for the affected airplanes was also revised to incorporate this change, which included Note 3 to indicate a small group of airplanes that may not have incorporated Service Bulletin No. SB016/61-001. No Japanese AD was issued because no airplanes on the Japanese type certificate were affected by this change. The Japanese airplanes had already incorporated the intent of the service bulletin.
At the time the service bulletin was issued, the FAA evaluated the available information and found that there were no reports of problems or incidents of flight idle blade angle settings with airplanes of U.S. registry. Therefore, we did not issue an airworthiness directive at that time.
Based on information received from the safety evaluation done in 2005 for the MU-2B series airplanes, we identified flight idle blade angles set at 16 degrees instead of12 degrees as a potential problem.
After analyzing this issue using our risk-based methodology and the information received from the safety evaluation, we identified that an unsafe condition is likely to exist or develop on certain type design MU-2B series airplanes. Therefore, we determined that AD action was necessary to ensure that all affected airplanes had flight idle blade angles set to 12 degrees.
We are not changing the AD as a result of 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 minor editorial corrections. We have determined that these 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.
The Administration 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/ .
Costs of Compliance
We estimate that this AD affects 148 airplanes in the U.S. registry.
We estimate the following costs to do the modification to change the flight idle blade angle:
Labor cost
Parts cost
Total cost per airplane
Total cost on U.S. operators
6 work-hours $80 = $480
Not applicable
$480
$71,040
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 thisAD:
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-2006-23644; Directorate Identifier 2006-CE-03-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: