[Federal Register Volume 72, Number 1 (Wednesday, January 3, 2007)]
[Proposed Rules]
[Pages 55-58]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-22438]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 61, 91, 135

[Docket No. FAA-2006-24981; Notice No. 06-14A]
RIN 2120-AI82


Special Federal Aviation Regulation No. XX--Mitsubishi MU-2B 
Series Airplane Special Training, Experience, and Operating Experience

AGENCY: Federal Aviation Administration, DOT.

ACTION: Supplemental notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Federal Aviation Administration (FAA) is revising its 
proposed Special Federal Aviation Regulation that would be applicable 
to the Mitsubishi MU-2B series airplane. As a result of comments 
received on the notice of proposed rulemaking, the FAA is amending the 
proposal to add certain definitions related to pilot experience into 
the Mitsubishi training program. This document seeks public comment on 
those changes.

DATES: Send your comments on or before February 2, 2007.

ADDRESSES: You may send comments to Docket No. FAA-2006-24981 using any 
of the following methods:
     Department of Transportation (DOT) Docket Web site: Go to 
http://dms.dot.gov and follow the instructions for sending your 
comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001.
     Fax: 1-202-493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Pete Devaris, Federal Aviation 
Administration, General Aviation and Commercial Division AFS-820, Room 
835, 800 Independence Avenue SW., Washington, DC 20591; telephone (202) 
493-4710; facsimile (202) 267-5094; or e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites interested persons to participate in this 
rulemaking by submitting written comments, data, or views. We also 
invite comments relating to the economic, environmental, energy, or 
federalism impacts that might result from adopting the proposals in 
this document. The most helpful comments reference a specific portion 
of the proposal, explain the reason for any recommended change, and 
include supporting data. We ask that you send us two copies of written 
comments.
    We will file in the docket all comments we receive, as well as a 
report summarizing each substantive public contact with FAA personnel 
concerning this proposed rulemaking. The docket is available for public 
inspection before and after the comment closing date. If you wish to 
review the docket in person, go to the address in the ADDRESSES section 
of this preamble between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. You may also review the docket using the 
Internet at the web address in the ADDRESSES section.
    Privacy Act: Using the search function of our docket Web site, 
anyone can find and read the comments received into any of our dockets, 
including the name of the individual sending the comment (or signing 
the comment on behalf of an association, business, labor union, etc.). 
You may review DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19477-78) or you may visit 
http://dms.dot.gov.
    Before acting on this proposal, we will consider all comments we 
receive on or before the closing date for comments. We will consider 
comments filed late if it is possible to do so without incurring 
expense or delay. We may change this proposal in light of the comments 
we receive.

Proprietary or Confidential Business Information

    Do not file in the docket information that you consider to be 
proprietary or confidential business information. Send or deliver this 
information directly to the person identified in the FOR FURTHER 
INFORMATION CONTACT section of this document. You must mark the 
information that you consider proprietary or confidential. If you send 
the information on a disk or CD ROM, mark the outside of the disk or CD 
ROM and also identify electronically within the disk or CD ROM the 
specific information that is proprietary or confidential.
    Under 14 CFR 11.35(b), when we are aware of proprietary information 
filed with a comment, we do not place it in the docket. We hold it in a 
separate file to which the public does not have access, and place a 
note in the docket that we have received it. If we receive a request to 
examine or copy this information, we treat it as any other request 
under the Freedom of Information Act (5 U.S.C. 552). We process such a 
request under the DOT procedures found in 49 CFR part 7.

Availability of Rulemaking Documents

    You can get an electronic copy using the Internet by:
    (1) Searching the Department of Transportation's electronic Docket 
Management System (DMS) Web page (http://dms.dot.gov/search);
    (2) Visiting the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies/; or
    (3) Accessing the Government Printing Office's Web page at http://www.gpoaccess.gov/fr/index.html.
    You can also get a copy by sending a request to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue SW., Washington, DC 20591, or by calling (202) 267-9680. Make 
sure to identify the docket number, notice number, or amendment number 
of this rulemaking.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The Federal Aviation Administration's (FAA) authority to issue 
rules on aviation safety is found in Title 49 of the United States 
Code. Subtitle I, Section 106, describes the authority of the FAA 
Administrator to issue, rescind, and revise the rules. This rulemaking 
is promulgated under the authority described in Subtitle VII, Aviation 
Programs, Part A, Air Commerce and Safety, Subpart III, Safety, Section 
44701, General Requirements. Under that section, the FAA is charged 
with prescribing regulations setting the minimum standards for 
practices, methods, and procedures necessary for safety in air 
commerce. This regulation is within the scope of that authority because 
it will set the minimum level of safety to operate the Mitsubishi MU-2B 
series airplane.

The Reasons for a Revised Proposal

    The FAA issued a notice of proposed rulemaking, Special Federal 
Aviation Regulation No. XX--Mitsubishi MU-2B Series Airplane Special 
Training, Experience, and Operating Experience, which was published in 
the Federal

[[Page 56]]

Register on September 28, 2006 (71 FR 56905). After the close of the 
comment period on October 30, 2006, the FAA received two comments on 
specific provisions of the Mitsubishi Training Program that would 
become mandatory under the proposed rule. Both commenters noted that 
the term ``operating experience'' in the past 2 years as used as a 
threshold for Requalification training was not defined and suggested 
that the FAA clarify the meaning of the term ``operating experience'' 
with a reference to a specified number of flight hours of Mitsubishi 
MU-2B series airplane experience.
    With this supplemental notice the FAA proposes to define the terms 
``Initial/Transition,'' ``Requalification,'' and ``Recurrent'' training 
to clarify the phrase ``operating experience'' as that phrase is used 
in the Mitsubishi MU-2B Training Program, Part Number YET05301, 
revision 1. The FAA's intent in the NPRM was that, depending upon a 
pilot's level of ``operating experience,'' the pilot would be required 
to take a specific level of training--Initial/Transition, 
Requalification, or Recurrent. Because we were not specific in use of 
the term ``operating experience,'' the public was not advised as to the 
circumstances where the FAA expected a pilot to undergo Initial/
Transition training versus Requalification training or Recurrent 
training. Without specific guidance, a pilot might attend 
Requalification training, when it was the intention of the FAA that the 
pilots attend Initial/Transition training, which is more demanding than 
Requalification or Recurrent training.
    The FAA has been monitoring training implementation. We believe 
that some pilots, with little or no experience flying the Mitsubishi 
MU-2B series airplane, may request training at the Requalification 
level when it was the FAA's intention that such pilots attend training 
at the Initial/Transition level. In this scenario a pilot could attend 
Requalification training without any previous experience in actually 
flying the airplane. The FAA notes that requalification can be 
conducted entirely in a FAA approved level 5 or higher Flight Training 
Device (FTD), or simulator. A pilot could complete Requalification 
training without ever having flown the actual airplane. We consider 
this a serious compromise to the level of safety we intended to 
provide. It is of particular urgency that the training program be 
revised so that such an option is not available.
    Although the comment period has closed, we find that these comments 
should be addressed by the FAA, clarifying the levels of experience 
required with a specific number of hours as suggested by the 
commenters. Thus, we are issuing this SNPRM to seek the public's 
comments on the revised definitions provided in this document.
    If adopted, the definitions we are proposing may be part of a new 
definitional section of the SFAR or we may choose to incorporate them 
into a revision to the Mitsubishi MU-2B Training Program. We have 
included the proposed revision as it would appear in a revised 
Mitsubishi Training Program and as it would appear if we place the 
definitions into the language of the SFAR.
    When the FAA prepared the draft Regulatory Evaluation for the 
proposed SFAR, we assumed that only experienced pilots would be 
eligible for Requalification or Recurrent training and we assumed those 
pilots would have, at a minimum, the levels of experience set forth in 
the new proposed definitions. Therefore, providing a more explicit 
definition of operating experience would not increase the estimated 
costs in the draft regulatory evaluation.

The Definitions

    The following definitions appeared in the Mitsubishi MU2-B Training 
Program, revision 1, which was placed in the Rules Docket and available 
for public comment:
    Initial/Transition training applies to any pilot without documented 
MU-2B pilot operating experience in the last two years. Simultaneous 
training and checking is not allowed for Initial/Transition Training.
    Requalification training applies to any pilot with documented MU-2B 
pilot operating experience in the last two years, but who does not meet 
the eligibility requirements for Recurrent Training.
    Recurrent training applies to any pilot who completed and has 
documented training on this FAA-Approved Mitsubishi Training Program 
for the MU-2B in the last 12 months and is MU-2B current in accordance 
with the MU-2B Special Federal Aviation Regulations (SFAR). Training 
completed the month before or after the month it is due is considered 
completed in the month due (base month).

The New Definitions

    The FAA is proposing the following new definitions as part of this 
supplemental notice of proposed rulemaking:
    Initial/Transition training means the training that a pilot is 
required to receive if that pilot has fewer than 50 hours of documented 
flight time manipulating the controls, while serving as pilot-in-
command, of a Mitsubishi MU-2B series airplane in the preceding 24 
months.
    Requalification training means the training that a pilot is--
    (a) Eligible to receive in lieu of Initial/Transition training if 
that pilot has at least 50 hours of documented flight time manipulating 
the controls, while serving as pilot-in-command, of a Mitsubishi MU-2B 
series airplane in the preceding 24 months; and
    (b) Required to receive if it has been more than 12 months since 
that pilot successfully completed Initial/Transition, Requalification, 
or Recurrent training. Successful completion of Initial/Transition 
training can be used to satisfy the requirements of Requalification 
training.
    Recurrent training means the training that a pilot is required to 
have satisfactorily completed within the preceding 12 months. 
Successful completion of Initial/Transition or Requalification training 
within the preceding 12 months satisfies the requirement of Recurrent 
training. A pilot must successfully complete Initial/Transition 
training or Requalification training before being eligible to receive 
Recurrent training.
    Listed below are explanations for the proposed new definitions in 
this SNPRM.
    Initial/Transition training. Pilots with little or no previous 
experience flying the Mitsubishi MU-2B series airplane would be 
required to take Initial/Transition training under this proposed SFAR. 
Pilots required to take Initial/Transition training include those who 
have had less than 50 hours of flight time manipulating the controls 
while serving as the pilot-in-command of an MU-2B. We believe that 
pilots who have fewer than 50 hours of such flight time in the MU-2B 
within the preceding 24 months are not sufficiently familiar with the 
airplane's operating systems or safe operational techniques and 
procedures. Therefore, Initial/Transition training would provide those 
pilots with a curriculum comprehensive enough to reduce the chances of 
an accident or incident arising from a lack of familiarity with the 
airplane's operational systems, techniques, and procedures.
    The FAA thinks that the complexity of this airplane requires that a 
pilot repeatedly receive training on an annual basis and actively fly 
this airplane in order to maintain an acceptable level of

[[Page 57]]

proficiency. Under the proposed definition, a pilot may be required to 
repeat Initial/Transition training if he or she has not accumulated 50 
hours of flight time in the preceding 24 months.
    Requalification Training. The FAA would like to emphasize two 
important elements of Requalification training. First, pilots would be 
eligible for Requalification training, in lieu of Initial/Transition 
training, if within the preceding 24 months they have documented at 
least 50 hours of flight time while serving as pilot-in-command and 
manipulating the controls of an MU-2B series airplane. The FAA 
recognizes that those pilots, who are actively flying the MU-2B series 
airplane to this level, may have sufficient familiarity with the 
airplane's handling characteristics and operating systems, and 
therefore, the more in-depth and comprehensive Initial/Transition 
training would not be necessary. In this case, the Requalification 
training is an acceptable alternative to Initial/Transition training.
    Second, pilots who fail to successfully complete Initial/
Transition, Requalification, or Recurrent training within the preceding 
12 months must attend Requalification training (i.e., they are not 
eligible for Recurrent training) before they could operate the MU-2B 
series airplane. If the pilot chooses to take Initial/Transition 
training in lieu of Requalification training, Initial/Transition 
training would satisfy all the requirements of Requalification 
training.
    Recurrent training. All persons who operate the MU-2B series 
airplane must satisfactorily complete Recurrent training within the 
preceding 12 months. Successful completion of Initial/Transition or 
Requalification training within the preceding 12 months satisfies the 
requirement of Recurrent training. A pilot must successfully complete 
Initial/Transition training or Requalification training before being 
eligible to receive Recurrent training.

Proposed Revision to the Mitsubishi Training Program

    If the FAA elects to revise the Mitsubishi MU-2B Training Program, 
revision 1, we would correct the language as set out in this section.

MU-2B SERIES

TRAINING PROGRAM

TRAINING REQUIREMENTS

* * * * *
    Initial/Transition training means the training that a pilot is 
required to receive if that pilot has fewer than 50 hours of documented 
flight time manipulating the controls, while serving as pilot-in-
command, of a Mitsubishi MU-2B series airplane in the preceding 24 
months.
    Requalification training means the training that a pilot is--
    (a) Eligible to receive in lieu of Initial/Transition training if 
that pilot has at least 50 hours of documented flight time manipulating 
the controls, while serving as pilot-in-command, of a Mitsubishi MU-2B 
series airplane in the preceding 24 months; and
    (b) Required to receive if it has been more than 12 months since 
that pilot successfully completed Initial/Transition, Requalification, 
or Recurrent training. Successful completion of Initial/Transition 
training can be used to satisfy the requirements of Requalification 
training.
    Recurrent training means the training that a pilot is required to 
have satisfactorily completed within the preceding 12 months. 
Successful completion of Initial/Transition or Requalification training 
within the preceding 12 months satisfies the requirement of Recurrent 
training. A pilot must successfully complete Initial/Transition 
training or Requalification training before being eligible to receive 
Recurrent training.
* * * * *

Paperwork Reduction Act

    The FAA has submitted the paperwork requirements for this 
rulemaking to the Office of Management and Budget for approval. There 
were no comments received on the paperwork as a result of the 
publication of the NPRM, and the paperwork requirements are not changed 
by the clarification of the terms in this proposal.

International Compatibility

    The FAA has determined that a review of the Convention on 
International Civil Aviation Standards and Recommended Practices is not 
warranted because there is no comparable rule under ICAO Standards.

Executive Order 12866 and DOT Regulatory Policies and Procedures

    Proposed changes to Federal regulations must undergo several 
economic analyses. First, Executive Order 12866 directs that each 
Federal agency propose or adopt a regulation only upon a reasoned 
determination that the benefits of the intended regulation justify its 
costs. Second, the Regulatory Flexibility Act of 1980 requires agencies 
to analyze the economic impact of regulatory changes on small entities. 
Third, the Trade Agreements Act (19 U.S.C. 2531-2533) prohibits 
agencies from setting standards that create unnecessary obstacles to 
the foreign commerce of the United States. In developing U.S. 
standards, this Trade Act also requires agencies to consider 
international standards and, where appropriate, use them as the basis 
of U.S. standards. And fourth, the Unfunded Mandates Reform Act of 1995 
requires agencies to prepare a written assessment of the costs, 
benefits and other effects of proposed or final rules that include a 
Federal mandate likely to result in the expenditure by State, local or 
tribal governments, in the aggregate, or by the private sector, of $100 
million or more annually (adjusted for inflation.)
    In conducting these analyses, FAA determined that the proposed rule 
(1) has benefits which do justify its costs, is not a ``significant 
regulatory action'' as defined in the Executive Order and is not 
``significant'' as defined in DOT's Regulatory Policies and Procedures; 
(2) will not have a significant impact on a substantial number of small 
entities; (3) reduces barriers to international trade; and (4) does not 
impose an unfunded mandate on state, local, or tribal governments, or 
on the private sector. This supplemental proposal is simply a 
clarification of the FAA intent and thus would not increase the 
estimated costs in the initial regulatory evaluation.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) of 1980, (5 U.S.C. 601 et 
seq.) directs the FAA to fit regulatory requirements to the scale of 
the business, organizations, and governmental jurisdictions subject to 
the regulation. We are required to determine whether a proposed or 
final action will have a significant impact on a substantial number of 
``small entities'' as defined by the Act. If we find that the action 
will have a significant impact, we must do a ``regulatory flexibility 
analysis.''
    This clarification of the proposed rule has a minimal economic 
impact. Therefore, we certify that this proposed action would not have 
a significant economic impact on a substantial number of small 
entities.

Trade Impact Assessment

    The Trade Agreement Act of 1979 prohibits Federal agencies from 
engaging in any standards or related activities that create unnecessary 
obstacles to the foreign commerce of the United States. Legitimate 
domestic objectives, such as safety, are not considered unnecessary 
obstacles. The statute also requires consideration of international 
standards and where appropriate, that they be the basis for U.S. 
standards. The FAA has assessed

[[Page 58]]

the potential effect of this supplemental notice and has determined 
that it will impose the same costs on domestic and international 
entities and thus has a neutral trade impact.

Unfunded Mandates Assessment

    The Unfunded Mandates Reform Act of 1995 (the Act), enacted as 
Public Law 104-4 on March 22, 1995, is intended, among other things, to 
curb the practice of imposing unfunded Federal mandates on State, 
local, and tribal governments. Title II of the Act requires each 
Federal agency to prepare a written statement assessing the effects of 
any Federal mandate in a proposed or final agency rule that may result 
in a $100 million or more expenditure (adjusted annually for inflation) 
in any one year by State, local, and tribal governments, in the 
aggregate, or by the private sector; such a mandate is deemed to be a 
``significant regulatory action.'' The FAA currently uses an inflation-
adjusted value of $128.1 million in lieu of $100 million.
    This supplemental notice does not contain such a mandate. 
Therefore, the requirements of Title II of the Unfunded Mandates Reform 
Act of 1995 do not apply.

Executive Order 13132, Federalism

    The FAA has analyzed this proposed rule under the principles and 
criteria of Executive Order 13132, Federalism. We determined that this 
action would not have a substantial direct effect on the State, 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, we have determined that this proposed rule does 
not have federalism implications.

Environmental Impact

    FAA Order 1050.1E identifies FAA actions that are categorically 
excluded from preparation of an environmental assessment or 
environmental impact statement under the National Environmental Policy 
Act in the absence of extraordinary circumstances. The FAA has 
determined this proposed rulemaking action qualifies for the 
categorical exclusion and involves no extraordinary circumstances.

List of Subjects

14 CFR Part 61

    Aircraft, Airmen, Aviation Safety, Incorporation by reference, 
Reporting and recordkeeping requirements, Safety measures.

14 CFR Part 91

    Aircraft, Airmen, Airports, Aviation safety, Freight, Incorporation 
by reference, Reporting and recordkeeping requirements.

14 CFR Part 135

    Air taxis, Aircraft, Airmen, Aviation safety, Incorporation by 
reference, Reporting and recordkeeping requirements.

The Proposal

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend chapter I of title 14, Code of Federal 
Regulations, as follows:

PART 61--CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND 
INSTRUCTORS

    1. The authority citation for part 61 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709-
44711, 45102-45103, 45301-45302.

    2. Add Special Federal Aviation Regulation (SFAR) No. XX as 
follows:
Special Federal Aviation Regulations
* * * * *

SFAR No. XX--Mitsubishi MU-2B Series Airplane Special Training, 
Experience, and Operating Requirements

    Note: For the text of SFAR No. XX, see part 91 of this chapter.

PART 91--GENERAL OPERATING AND FLIGHT RULES

    3. The authority citation for part 91 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 1155, 40103, 40113, 40120, 44101, 
44111, 44701, 44704, 44709, 44711, 44712, 44715, 44716, 44717, 
44722, 46306, 46315, 46316, 46504, 46506-46507, 47122, 47508, 47528-
47531, articles 12 and 29 of the Convention on International Civil 
Aviation (61 stat. 1180).

    4. Add SFAR No. XX to read as follows:

Special Federal Aviation Regulation (SFAR) No. XX--Mitsubishi MU-2B 
Series Special Training, Experience, and Operating Requirements

    Note: The FAA proposes to add the following language to its 
proposal at 71 FR 56905, September 28, 2006.

* * * * *
    X. Definitions. As used in this Special Federal Aviation 
Regulation:
    Initial/Transition training means the training that a pilot is 
required to receive if that pilot has fewer than 50 hours of documented 
flight time manipulating the controls, while serving as pilot-in-
command, of a Mitsubishi MU-2B series airplane in the preceding 24 
months.
    Requalification training means the training that a pilot is--
    (a) Eligible to receive in lieu of Initial/Transition training if 
that pilot has at least 50 hours of documented flight time manipulating 
the controls, while serving as pilot-in-command, of a Mitsubishi MU-2B 
series airplane in the preceding 24 months; and
    (b) Required to receive if it has been more than 12 months since 
that pilot successfully completed Initial/Transition, Requalification, 
or Recurrent training. Successful completion of Initial/Transition 
training can be used to satisfy the requirements of Requalification 
training.
    Recurrent training means the training that a pilot is required to 
have satisfactorily completed within the preceding 12 months. 
Successful completion of Initial/Transition or Requalification training 
within the preceding 12 months satisfies the requirement of Recurrent 
training. A pilot must successfully complete Initial/Transition 
training or Requalification training before being eligible to receive 
Recurrent training.
* * * * *

PART 135--OPERATING REQUIREMENTS: COMMUTERS AND ON DEMAND 
OPERATIONS AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT.

    5. The authority citation for part 135 continues to read as 
follows:

    Authority: 49 U.S.C. 106(g), 41706, 44113, 44701-44702, 44705, 
44709, 44711-44713, 44715-44717, 44722.

    6. Add Special Federal Aviation Regulation (SFAR) No. XX as 
follows:
Special Federal Aviation Regulations
* * * * *

SFAR No. XX--Mitsubishi MU-2B Series Airplane Special Training, 
Experience, and Operating Requirements

    Note: For the text of SFAR No. XX, see part 91 of this chapter.


    Issued in Washington, DC on December 22, 2006.
John M. Allen,
Acting Director, Flight Standards Service.
 [FR Doc. E6-22438 Filed 12-29-06; 8:45 am]
BILLING CODE 4910-13-P