[Federal Register Volume 81, Number 173 (Wednesday, September 7, 2016)]
[Rules and Regulations]
[Pages 61583-61595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21356]



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  Federal Register / Vol. 81, No. 173 / Wednesday, September 7, 2016 / 
Rules and Regulations  

[[Page 61583]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 61, 91, 135

[Docket No.: FAA-2006-24981; Amdt. Nos. 61-138, 91-344, and 135-134]
RIN 2120-AK63


MU-2B Series Airplane Training Requirements Update

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: This action relocates and updates the content of SFAR No. 108 
to the newly created subpart N of part 91 in order to improve the 
safety of operating the Mitsubishi Heavy Industries (MHI) MU-2B series 
airplane. SFAR No. 108 will be eliminated from the Code of Federal 
Regulations on November 7, 2017, after which time all MU-2B operators 
must comply with this subpart. The FAA is relocating the training 
program from the SFAR No. 108 appendices to advisory material in order 
to allow the FAA to update policy while ensuring significant training 
adjustments still go through notice-and-comment rulemaking. The FAA is 
also correcting and updating several inaccurate maneuver profiles to 
reflect current FAA training philosophy and adding new FAA procedures 
not previously part of the MU-2B training under SFAR No. 108. This rule 
will require all MU-2B training programs to meet the requirements of 
this subpart and to be approved by the FAA to ensure safety is 
maintained. As a result of this action, operators, training providers, 
and safety officials will have more timely access to standardized, 
accurate training material.

DATES: This rule is effective on September 7, 2016, except for the 
removal of SFAR No. 108 to part 91 which is effective on November 7, 
2017. The compliance date for this final rule is November 7, 2016. The 
incorporation by reference of certain publications listed in the rule 
is approved by the Director of the Federal Register as of September 7, 
2016.
    Submit comments on or before November 7, 2016.

ADDRESSES: Send comments identified by docket number FAA-2006-24981 
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your 
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S. 
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room 
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket 
Operations in Room W12-140 of the West Building Ground Floor at 1200 
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at 202-493-2251.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments 
from the public to better inform its rulemaking process. DOT posts 
these comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at 
http://www.regulations.gov at any time. Follow the online instructions 
for accessing the docket or Docket Operations in Room W12-140 of the 
West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, 
DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning 
this action, contact Joseph Hemler, Commercial Operations Branch, 
Flight Standards Service, AFS-820, Federal Aviation Administration, 55 
M Street SE., 8th floor, Washington, DC 20003-3522; telephone (202) 
267-1100; email [email protected].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    Although the FAA is inviting comments, we have made the 
determination to adopt this final rule without prior notice and public 
comment in order to mitigate the safety risks where current Special 
Federal Aviation Regulation (SFAR) No. 108 conflicts with the FAA's 
current policy and guidance. The Regulatory Policies and Procedures of 
the Department of Transportation (DOT), 44 FR 1134 (February 26, 1979), 
provide that to the maximum extent possible, operating administrations 
for the DOT should provide an opportunity for public comment on 
regulations issued without prior notice.

Authority for This Rulemaking

    The FAA's authority to issue rules on aviation safety is found in 
Title 49 of the United States Code (U.S.C.). 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.
    This rulemaking is promulgated under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
Requirements.'' Under that section, Congress charged the FAA with 
prescribing regulations that set 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 for operation of the Mitsubishi MU-2B.
    SFAR No. 108 contained inaccurate MU-2B flight training profiles, 
and the National Transportation Safety Board (NTSB) recommended that 
the FAA remedy these inaccuracies as soon as is practical due to 
serious safety concerns (NTSB Rec. A-14-96 and -97). The FAA concludes 
that immediate action is necessary to correct the inaccuracies in SFAR 
No. 108 and, therefore, finds that notice and public comment under 5 
U.S.C. 553(b) are impracticable and contrary to the public interest. 
Further, the FAA finds that good cause exists under 5 U.S.C. 553(d) for 
making this rule effective immediately upon publication.

[[Page 61584]]

I. Final Rule With Request for Comments

    Special Federal Aviation Regulation No. 108 mandated training, 
experience, and operating requirements to improve the safety of 
operating the MHI MU-2B series airplane. The SFAR contained inaccurate 
training maneuver profiles and is misaligned with current FAA flight 
training policy. This action corrects safety-related inaccuracies in 
the regulation and streamlines the process for updating MU-2B flight 
training requirements by removing them from regulations and placing 
them in advisory material. This change will permit the FAA to be more 
responsive by issuing guidance should any inaccuracies be discovered or 
should training requirements or policy need to be revised and updated 
in the future. As a result of this action, pilots, operators, training 
providers, and safety officials will have more timely and accurate 
training material.

II. Background

A. Background

    In 2008, the FAA published SFAR No. 108 to mandate flight training 
and experience requirements for operators of the MHI MU-2B twin-
turboprop aircraft. The rule became effective in 2009 and did not have 
an expiration date. The flight training and experience requirements 
were based on an FAA safety evaluation of the aircraft, which has 
unique control surfaces and characteristics. There is a fleet of 
approximately 300 aircraft operating today in accordance with 14 CFR 
parts 91 and 135. In the 20 years leading up to SFAR No. 108, the MU-2B 
series aircraft experienced 80 accidents with 40 fatalities. Since the 
effective date of SFAR No. 108, there have only been two fatal 
accidents. In addition to experience and annual training requirements 
for pilots, SFAR No. 108 mandated training curriculum and flight 
profiles for operators and training providers.
    Following the issuance of SFAR No. 108 on February 5, 2008, with a 
compliance date of February 5, 2009, Mitsubishi Heavy Industries of 
America (MHIA) and Turbine Aircraft Services (TAS), an industry party, 
began an evaluation to identify errors in flight profiles published in 
SFAR No. 108. At that time, minor spelling errors and technical items 
were identified. Additionally, MHIA and TAS notified the FAA of at 
least one error in procedure in the One Engine Inoperative Maneuvering 
Loss of Directional Control (Vmc Demonstration) profile.
    Additionally, since the publication of SFAR No. 108, the FAA has 
approved the use of Continued Descent Final Approach (CDFA) procedures 
in all training programs, including the training programs for the MU-
2B. The MU-2B FAA Flight Standardization Board (FSB) \1\ subsequently 
included CDFA profiles in its FSB Report for use in MU-2B training 
programs. Because the FAA did not include CDFA procedures in SFAR No. 
108, pilots were not permitted to train on these procedures or operate 
the aircraft consistent with them.
---------------------------------------------------------------------------

    \1\ An FSB's primary responsibility is to determine requirements 
for pilot type ratings, to develop minimum training recommendations, 
and to ensure flight crew member competency. 8900.1, Volume 8, 
Chapter 2, Section 5.
---------------------------------------------------------------------------

    In 2012, the FAA revised its stall recognition and recovery 
procedures for all aircraft and all training programs by removing the 
emphasis to ensure a ``minimum loss of altitude'' when performing stall 
training maneuvers and by emphasizing a positive reduction in angle of 
attack procedure as the proper stall recovery method (Advisory Circular 
(AC) 120-109). The FAA also introduced the use of ``startle factor'' 
training through the use of the autopilot during stall recognition and 
recovery practice in all aircraft training programs. However, the FAA 
did not include the ``startle factor'' training in SFAR No. 108.
    Both MHIA and TAS requested by letter in early 2012 that the FAA 
change the MU-2B flight training profiles in SFAR No. 108 and make them 
consistent with the new stall recognition and recovery procedures. They 
also suggested the FAA remove the flight training maneuver profiles 
from SFAR No. 108, for ease of subsequent modification in the event of 
regulatory or training procedural changes made by the FAA. The FAA 
recognized that proper stall recognition and recovery is a safety-of-
flight concern and concurred that distributing information on how to 
recover from a stall was essential to proper MU-2B training and safety 
of flight.
B. Statement of the Problem
    There were a number of conflicts between SFAR No. 108 and best 
practices and FAA guidance, which demonstrate a better safety record. 
The FAA's Kansas City Aircraft Evaluation Group (AEG) \2\ and MHI have 
documented that the SFAR conflicted with new and revised FAA training 
requirements, policy, guidance and safe operating practices set forth 
in the Airline Transport Pilot Practical Test Standards (PTS), 
Commercial Pilot PTS, FAA Notice N8900.205, Enhanced Stall and Stick 
Pusher Training; Advisory Circular (AC) 120-109, Stall and Stick Pusher 
Training, and AC 120-108, Continuous Descent Final Approach (CDFA). 
SFAR No. 108 conflicted with FAA guidance in the following instances:
---------------------------------------------------------------------------

    \2\ The AEG serves as Flight Standard Service (AFS) technical 
subject matter experts for operational and engineering activities. 
8900.1, Volume 8, Chapter 2, Section 2.
---------------------------------------------------------------------------

    First, SFAR No. 108 mandated power and trim settings for the 
demonstration of a one-engine-inoperative maneuver with loss of 
directional control. Those settings did not meet the safety standards 
of current FAA guidance and best practices. The ``One Engine 
Inoperative Maneuvering--Loss of Directional Control'' profile in the 
SFAR differed from current FAA guidance and best practices described in 
the FAA Airplane Flying Handbook (FAA-H-8083-3A).
    Second, CDFA Procedures published in AC 120-108 and published in 
the MU-2 FSB Report, Revision 4, were not included in the training 
profiles in SFAR No. 108. Though published in the MU-2 FSB Report, 
Revision 4, CDFA procedures were not included in the SFAR No. 108 
flight training profiles and therefore operators could not use these 
procedures while operating an MU-2B.
    Third, SFAR No. 108 stall-recovery profiles required operators to 
perform all stall recoveries with a ``minimal loss of altitude.'' This 
was inconsistent with stall recovery guidance because the FAA now 
emphasizes successful recovery from a stall over minimizing the loss of 
altitude which can lead to a secondary stall. Recent changes to the 
FAA's stall training policy in AC 120-109 and PTS created conflicts 
with several flight profiles.
    Finally, as identified by Aircraft Evaluation Group (AEG) of the 
Flight Standards Service and MHI, SFAR No. 108 mandates several 
airspeeds in appendix D flight profiles that are incorrect.
C. NTSB Recommendations
    On October 23, 2014, NTSB urged the FAA to take action on the 
safety recommendations derived from the NTSB's investigation of a 
Mitsubishi MU-2B-25 airplane accident in Owasso, Oklahoma. (NTSB Rec. 
A-14-96 and -97). These recommendations addressed operational training 
and checklist usage for Mitsubishi MU-2B series airplanes.
    The NTSB's investigation found that since SFAR No. 108 became 
effective in 2008, the FAA has revised its general

[[Page 61585]]

stall recovery guidance and procedures for stall and stick pusher 
training for pilot certification and evaluation contained in AC 120-
109, dated August 6, 2012. Advisory Circular 120-109 introduced a 
procedure for stall recovery that conflicted with related instruction 
provided in the SFAR. Therefore, the NTSB recommended in NTSB 
recommendation A-14-96 that the FAA revise, as soon as is practical, 
the ``Approach to Stall'' flight profile currently contained in SFAR 
No. 108 so that it is consistent with AC 120-109.
    The NTSB also recommended in recommendation A-14-97 that ``the FAA 
separate the flight training profiles from the SFAR such that any 
updates to the profiles can be made without having to go through the 
rulemaking process.'' The FAA interprets this recommendation from the 
NTSB to mean that the more prescriptive rule in SFAR No. 108 should be 
revised to a more flexible rule, such as a performance standard. This 
change will allow flight training profiles to be updated more rapidly 
in response to improved training best practices and guidance, thus 
improving operational safety of the MU-2B aircraft.

III. Discussion of Final Rule

    In order to provide a more flexible regulatory framework for MU-2B 
training, the FAA is removing all appendices to SFAR No. 108 which 
contained many prescriptive requirements. With implementation of this 
rule, all MU-2B training must take place under an FAA approved MU-2B 
training program. Approval of all MU-2B training programs will be based 
on whether that program meets the standards of Sec.  91.1705(h).
    The following figure describes the changes made from SFAR No. 108 
as a result of this final rule and this references the specific 
sections in the codifications of these requirements in part 91.

 Figure 1--Summary of Changes to Special Federal Aviation Regulation No.
                       108 Made by This Final Rule
------------------------------------------------------------------------
                                The new part 91,       Description of
    Old section/paragraph      Subpart N reference         change
------------------------------------------------------------------------
Section 1, Applicability....  Sec.   91.1701        Provides new
                               Applicability.        compliance dates.
                                                    References approved
                                                     MU-2B training
                                                     program.
Section 2, Compliance and     Sec.   91.1703        No substantive
 eligibility.                  Compliance and        changes.
                               Eligibility.         Minor language
                                                     change in paragraph
                                                     (b) for clarity.
                                                    Paragraph (g)
                                                     revised to
                                                     reference approved
                                                     training program,
                                                     adds a cross-
                                                     reference to Sec.
                                                     91.1705(h).
Section 3, Required pilot     Sec.   91.1705        No change other than
 training.                     Required Pilot        to revise cross-
Paragraphs (a) through (g)..   Training.             references and
                                                     reference approved
                                                     training programs.
Table 1, Manufacturer's       Sec.   91.1705(g)...  No change.
 checklists.
Section 4, Aeronautical       Sec.   91.1711        No change.
 experience.                   Training Program
                               Approval.
Section 5, Instruction,       Sec.   91.1713        No change.
 checking and evaluation.      Instruction,
                               Checking, and
                               Evaluation.
Section 6, Currency           Sec.   91.1715        No change.
 requirements and flight       Currency
 review.                       Requirements and
                               Flight Review.
Section 7, Operating          Sec.   91.1717        No change.
 requirements.                 Operating
                               Requirements.
Section 8, Credit for prior   Sec.   91.1719        Updated to give
 training.                     Credit for Prior      credit for previous
                               Testing.              training under SFAR
                                                     No. 108.
Section 9, Incorporation by   Sec.   91.1721        Revised to address
 reference.                    Incorporation by      current
                               Reference.            incorporation by
                                                     reference
                                                     requirements.
Section 10, Expiration......  No Expiration.......  No change.
Appendix A, MU-2B General     Sec.   91.1707(a),    Removed.
 Training Requirements.        Sec.   91.1707(b),   Table 1, Table 2,
                               Sec.   91.1707(c).    and Table 3 moved
                                                     to Sec.   91.1707.
Appendix B, MU-2B Ground      Sec.   91.1705(h)(1)  Removed.
 Training Curriculum                                Training program
 Contents.                                           standard added to
                                                     Sec.
                                                     91.1705(h)(1).
Appendix C, MU-2B Final       Sec.   91.1705(h)(3)  Removed.
 Phase Check and Flight                             Phase check
 Training Requirements.                              requirements added
                                                     to Sec.
                                                     91.1705(h)(3).
Appendix D, MU-2B Maneuver    Sec.   91.1705(h)(2)  Removed.
 Profiles.                                          Training program
                                                     standard added to
                                                     Sec.
                                                     91.1705(h)(2).
------------------------------------------------------------------------

    The following discussion describes the training program standard 
established for MU-2B training and contained in subpart N of part 91. 
These standards are found in Sec.  91.1705(h), and an example of a 
training program implementing these standards may be found in Advisory 
Circular accompanying this rule.
    Paragraph 91.1705(h) contains the training program standard which 
replaces the prescriptive content of the former SFAR No. 108's 
appendices. Paragraph 91.1705(h) requires all MU-2B training programs 
to include a ground training curriculum, a flight training curriculum, 
differences training for operators of modified MU-2B aircraft, icing 
training, and training program hours for ground and flight training. 
The standard in Sec.  91.1705(h) will allow for updates to MU-2B 
training programs and allow training providers to keep training 
programs up to date with current best practices while ensuring that the 
programs meet the FAA's safety standards. By placing the specific 
guidance regarding training program content in an AC, the FAA will 
ensure that the training program specific guidelines can be updated as 
agency safety philosophy regarding training evolves. However, the 
requirements for

[[Page 61586]]

the training program will be retained in the regulations, ensuring that 
significant training adjustments would go through notice and comment 
rulemaking.
    As required by Sec.  91.1705(h)(1), an MU-2B training program must 
include a ground training curriculum sufficient to ensure pilot 
knowledge of MU-2B aircraft systems and procedures necessary for safe 
operation and proficient pilot knowledge of MU-2B aircraft. The FAA has 
replaced the prescriptive list of specific items listed in Appendix B 
to SFAR No. 108 with this performance standard.
    As required by Sec.  91.1705(h)(2), an MU-2B training program must 
also include a flight training curriculum with flight training maneuver 
profiles sufficient in number and detail to ensure pilot proficiency in 
all MU-2B operations for each MU-2B Model in accordance with MU-2B 
aircraft limitations, procedures, and MU-2B cockpit checklist \3\ 
procedures applicable to the MU-2B Model being trained. Examples of MU-
2B flight training maneuver profiles may be found in the FAA 
recommended MU-2B training program in the appendix of Advisory Circular 
(AC) AC 91-MU2B Mitsubishi MU-2B Training Program.
---------------------------------------------------------------------------

    \3\ The MU-2B checklists were incorporated by reference into 
SFAR No. 108 by the Final Rule published on 02/06/2008, 73 FR 7034.
---------------------------------------------------------------------------

    The FAA has included in subpart N of part 91 a list of specific 
maneuvers that an MU-2B training program must include in order to 
ensure pilots are adequately prepared for the unique safety challenges 
of operating an MU-2B. SFAR No. 108 was more prescriptive because it 
required these maneuvers in addition to requiring operators to follow 
all specific airspeeds and the order of procedures of the flight 
training maneuver profiles. The revised regulation allows for maneuver 
profiles to be updated with developing training and operational best 
practices. In order to obtain FAA approval, an MU-2B training program 
must contain the following flight training maneuver profiles for the 
MU-2B Model being trained:
     Normal takeoff with 5- and 20- degrees of flaps;
     Takeoff engine failure with 5- and 20- degrees of flaps;
     Takeoff engine failure on a runway or a rejected takeoff;
     Takeoff engine failure after liftoff when unable to climb. 
This maneuver may be completed in classroom or a flight training device 
only;
     Steep turns;
     Slow flight maneuvers;
     One engine inoperative maneuvering with a loss of 
directional control;
     Approach to stall in clean configuration and with wings 
level;
     Approach to stall in takeoff configuration with 15- to 30- 
degrees bank;
     Approach to stall in landing configuration with gear down 
and 40-degrees of flaps;
     Accelerated stall with no flaps;
     Emergency descent at low speed;
     Emergency descent at high speed;
     Unusual attitude recovery with the nose high;
     Unusual attitude recovery with the nose low;
     Normal landing with 20- and 40- degrees flaps;
     Go around and rejected landing;
     No flaps or 5- degrees flaps landing;
     One engine inoperative landing with 5- and 20- degrees of 
flaps;
     Crosswind landing;
     Instrument landing system (ILS) and missed approach;
     Two engine missed approach;
     One engine inoperative ILS and missed approach;
     One engine inoperative missed approach;
     Non-precision and missed approach;
     Non-precision CDFA and missed approach;
     One engine inoperative non-precision and missed approach;
     One engine inoperative non-precision CDFA and missed 
approach;
     Circling approach at weather minimums;
     One engine inoperative circling approach at weather 
minimums.
    As required by Sec.  91.1705(h)(3), an MU-2B training program must 
also include a final phase check sufficient to document pilot 
proficiency in the flight maneuvers as specified in the approved 
training programs phase check. This standard replaces the final phase 
check requirements in former Appendix C to the SFAR No. 108.
    As required by Sec.  91.1705(h)(4), an MU-2B training program must 
also include differences training sufficient to ensure pilot 
proficiency in each model of the MU-2B aircraft operated by a pilot who 
operates multiple MU-2B model variants concurrently. The differences 
training requirement is unchanged from the prior version of SFAR No. 
108. Due to the age of the MU-2B fleet currently in operation, many MU-
2B aircraft have been modified from the original factory configuration. 
Therefore, the FAA will continue to mandate differences training in 
order to ensure that those operators who operate multiple versions of 
the MU-2B aircraft are adequately trained to safely operate various MU-
2B configurations. MU-2B differences requirements have been removed 
from Appendix A of SFAR No. 108 and are now specified in Sec.  
91.1705(h)(4). Section 91.1705(h)(4) only includes differences for 
factory type design MU-2 aircraft while other applicable MU-2 
differences are required by other FAA approved training programs (e.g. 
part 135 and 142 operations) and AC 91-MU2B. The hours requirement for 
Differences Training can be found in Sec.  91.1707(c). Differences 
other than factory type design MU-2B differences applicable to MU-2B 
aircraft are highly recommended for part 91 MU-2B training. Due to the 
magnitude of these changes to the MU-2B fleet, additional training is 
necessary to ensure pilot proficiency.
    As required by Sec.  91.1705(h)(5), an MU-2B training program must 
also include icing training sufficient to ensure pilot knowledge and 
safe operation of the MU-2B aircraft in icing conditions as established 
by Airworthiness Directive 1997-20-14 or an Alternate Means of 
Compliance to Airworthiness Directive 2000-09-15, as amended.
    As required by Sec.  91.1705(h)(6), an MU-2B ground and flight 
training program must include the training hours identified by Sec.  
91.1707(a) for ground instruction, Sec.  91.1707(b) for flight 
instruction and Sec.  91.1707(c) for differences training. These 
training hours are identical to SFAR-108 training hours which were 
initially determined by the FAA's MU-2B FSB as the number of hours 
necessary to ensure the safe operation of the MU-2B aircraft.
    As required by Sec.  91.1707(e), an MU-2B training program must 
include examples of endorsements for compliance with Sec.  91.1705(f) 
appropriate to the content of that specific MU-2B training program's 
compliance with the standards of SFAR No. 108. Section 91.1705(f) 
describes the endorsement required under Sec.  91.1705 (a) and (b) must 
be made by:
    (1) A certificated flight instructor under part 61 or part 141 
meeting the qualifications of Sec.  91.1713; or
    (2) a training center evaluator authorized by the FAA to conduct 
MU-2B evaluation events at a part 142 Training Center meeting the 
qualifications of Sec.  91.1713 or,
    (3) for persons operating the MU-2B for a part 119 certificate 
holder within the last 12 calendar months, the part 119 certificate 
holder's flight instructor if that instructor is authorized by the

[[Page 61587]]

FAA meets the requirements of Sec.  91.1713.

This section has been revised to include endorsements made by an 
authorized simulator instructor at an FAA 142 Training Center.
    As required by Sec.  91.1709(a), to obtain approval for an MU-2B 
training program, training providers must submit a proposed training 
program to the Administrator. Only training programs approved by the 
Administrator may be used to satisfy the standards of subpart N of part 
91. Training providers may submit for approval the most current version 
of the appendix to AC 91-MU2B, which the FAA has determined meets the 
standards of this subpart.
    Parts 135, 141, and 142 training providers must submit their 
proposed training program to their Principal Operations Inspector (POI) 
or Training Center Program Manager (TCPM) for approval and inclusion in 
their approved training curriculum.
    Part 91 training providers do not have an established process for 
seeking approval of a training program; therefore, part 91 training 
providers must submit for approval a proposed training program to their 
jurisdictional FAA Flight Standards District Office (FSDO). The term 
`part 91 training providers' refers to training providers providing 
training under part 61 authority for a part 91 operation. Part 91 
training providers may submit for approval the most current version of 
the appendix to AC 91-MU2B which the FAA has determined meets the 
standards of subpart N of part 91. The FAA FSDO will issue a Letter of 
Authorization (LOA) to the training provider if the proposed training 
program meets the standards of subpart N of part 91. For MU-2B training 
providers providing training under part 91, training programs will be 
approved for 24 months, unless sooner superseded or rescinded. For more 
details on how to submit an MU-2B training program for approval, please 
see AC 91-MU2B.
    Under Sec.  91.1709(a)(3), the Administrator may require revision 
of an approved MU-2B training program at any time. A training provider 
must present its approved training program and FAA approval 
documentation to any representative of the Administrator, upon request.

IV. Advisory Circular

    The FAA is publishing an approved MU-2B training program as an 
appendix in the AC 91-MU2B Mitsubishi MU-2B Training Program. This AC 
may be used by training providers to meet the requirements of subpart N 
of part 91. Training providers may also use this AC as a reference for 
developing their own MU-2B training programs to submit for FAA approval 
pursuant to Sec.  91.1709. The AC includes the SFAR No. 108 flight 
training maneuver profiles with appropriate revisions consistent with 
current training policy and guidance.
    The following updates have been made to the MU-2B flight training 
profiles which have been removed from SFAR No. 108 and moved to AC 91-
MU2B.

One Engine Inoperative Maneuvering Loss of Directional Control

    The flight training maneuver profiles A-7, B-7, C-7 in the former 
Appendix D of SFAR No. 108 were incorrect regarding the procedures for 
setting power and trim for the demonstration of the one-engine-
inoperative maneuver with a loss of directional control. The appendix D 
profile called for the MU-2B aircraft to be configured and trimmed for 
single engine flight prior to starting the maneuver. The FAA's Airplane 
Flying Handbook calls for the aircraft to be trimmed for two-engine 
flight at a slow airspeed and then for the power to be configured for 
single engine flight without re-trimming. Setting the configuration of 
the aircraft in the manner SFAR No. 108 required results in the rudder 
forces required prior to reaching the Velocity Minimum Control (Vmc) 
being less than the actual rudder forces required to maintain zero 
sideslip flight. The consequence of setting the configuration in that 
manner promotes an adverse training condition causing the pilot to 
under-control the aircraft in the event of an actual Vmc experience. 
The FAA has revised these maneuver profiles to reflect the proper 
settings and relocated them to the AC. Section 91.1705(h)(2) retains 
the requirement that MU-2B pilots train on this item.

Continued Descent Final Approach (CDFA)

    An Advisory Circular (AC) published on January 20, 2011, for all 
aircraft operators, AC 120-108, would enhance the operational safety of 
an MU-2B aircraft during a non-precision instrument approach. The only 
non-precision approaches contained in the former version of SFAR No. 
108 were those that use the ``dive and drive'' method, which consists 
of descending immediately after the final approach fix to the Minimum 
Descent Altitude (MDA) and then leveling off until reaching the next 
step down fix or the missed approach point, as appropriate. This SFAR 
108 procedure, when accomplished with one engine inoperative, required 
that the landing gear remain retracted until the pilot had visual 
contact with the landing runway environment. This SFAR 108 procedure 
could have resulted in the pilot forgetting to extend the landing gear 
prior to landing and was seen by many as an unstabilized approach. It 
also could have resulted in under shooting the visual approach path to 
the runway, causing a possible controlled-flight-into-terrain (CFIT) 
accident.
    The SFAR 108 ``dive and drive'' procedure, with gear extension 
restrictions, was originally approved for the MU-2 by the FAA in 2006 
during the FSB review of the MU-2 single engine capabilities. 
Demonstrations showed a limited or negative climb capability for the 
MU-2 with the gear in the down position during single engine 
operations. Since most single engine non-precision approaches result in 
the need to maintain altitude for a period of time prior to final 
descent to the landing runway, the FAA determined that a non-standard 
landing gear configuration would be necessary to safely accomplish the 
level off. The ``dive and drive'' procedure is described in the AC 120-
108.
    The revised procedure allows the pilot the option to extend the 
landing gear at the normal, final approach fix location and to fly a 
calculated glide path to the missed approach point, or derived decision 
altitude. This revised procedure prevents the need to maintain altitude 
at the MDA with the gear down which, in turn, improves safety. The FAA 
recognizes this new procedure and the FSB and Aircraft Evaluations 
Group (AEG) have now revised and published Revision 4 of the FSB Report 
for the MU-2. This version of the FSB Report contains provisions for 
incorporating the new procedures into MU-2B training and operation.
    The CDFA procedure was not contained in the SFAR No. 108 flight 
training profiles. The FAA is adding CDFA procedures to the list of 
required flight training procedures as an additional procedure in Sec.  
91.1705(h)(2). These new profiles, in addition to the existing 
profiles, have been relocated to AC 91-MU2B.

Stall Procedures

    Advisory Circular 120-109 introduced a new procedure for the proper 
recognition and recovery from a stall for all aircraft. The AC 120-109 
is supplemented by Safety Advisory for Operators (SAFO) 10012 
standardizing the procedure for all aircraft and training programs. The 
latest revision of the FAA's Commercial Practical Test Standards calls 
for a change to the

[[Page 61588]]

standard for performance and evaluation of stall procedures.
    AC 120-109 resulted from an FAA and industry study of two well-
publicized accidents, Colgan Air Flight 3407 and Air France Flight 447. 
In both of these accidents, the pilots were not immediately aware that 
the aircraft were stalled, and the pilots did not attempt to recover 
correctly, resulting in the loss of the aircraft and all passengers.
    The maneuver profiles in SFAR No. 108 (profiles A-8 through A-11. 
B-8 through B-11, and C-8 through C-11) required operators to perform 
all stall recoveries with a ``minimal loss of altitude.'' This standard 
of performance has been redefined for all FAA and industry training for 
other aircraft, and new profiles have been published in MU-2B Training 
Program AC to instruct pilots to perform a stall recovery using a 
positive reduction of angle of attack method. This procedure change is 
important to ensure that pilots safely recover from a stall and do not 
cause a secondary stall of the aircraft.
    Also, in the past, during advanced training in high performance 
aircraft like the MU-2B, pilot training did not include full stall 
recoveries. Historically, recovery would be initiated at the first 
indication of the stall, which in the case of the MU-2B is a stick 
shaker vibrating the yoke in order to warn the pilot of an impending 
stall. Most MU-2B stall training never reaches a full aerodynamic stall 
or even pre-stall buffet. In those cases, recovery without having to 
substantially lower the nose of the aircraft is possible, resulting in 
a minimum loss of altitude. In a full stall, however, a pilot must 
positively lower the nose to reattach the flow of air to the wing prior 
to adding power. Otherwise, the pilot risks a secondary stall as the 
nose rises from addition of power, and/or a torque roll occurs opposite 
the propeller rotational direction. The new standardized method of 
recovery from any level of stall condition is to substantially lower 
the nose.
    Recent changes to the FAA's Practical Test Standards direct 
examiners to assess a pilot's ability to recover promptly at the 
``onset'' (buffeting) stall condition. These revised profiles and AC 
120-109 call out procedures for accomplishing this stall recognition 
and recovery from an autopilot `ON' flight configuration, thereby 
simulating a stall catching the pilot by surprise and creating more 
realistic surprise and startle in training. The revised maneuver 
profiles for stall recognition and recovery have been relocated to the 
AC.

Compliance Dates

    As required by Sec.  91.1701, after November 7, 2016, all training 
conducted in an MU-2B must follow an MU-2B training program that meets 
the standards of this Subpart of part 91. This 60-day period gives 
training providers time to adjust their training programs to meet the 
standards of this subpart and to seek FAA approval for training 
provider developed training programs.
    Also required by Sec.  91.1701, this subpart is immediately 
applicable when effective to all persons who operate a Mitsubishi MU-2B 
series airplane, including those who act as pilot-in-command (PIC), act 
as second-in-command (SIC), or other persons who manipulate the 
controls while under the supervision of a PIC.
    As required by Sec.  91.1719, Initial/transition, requalification, 
or recurrent training conducted prior to November 7, 2016, compliant 
with SFAR No. 108, Section 3, effective March 6, 2008, is considered to 
be compliant with this subpart, if the student met the eligibility 
requirements for the applicable category of training and the student's 
instructor met the experience requirements of this subpart. This 60-day 
period allows current operators to continue training under SFAR No. 108 
and allows for a seamless transition to training programs under this 
subpart.
    The FAA is immediately relocating and updating the content of SFAR 
No. 108 to this subpart in order to be in accordance with current FAA 
policy regarding the safest and most effective means to conduct 
training in the area of stall recognition and recovery, continuous 
descent final approach procedures, and one engine inoperative 
maneuvering. The FAA understands that MU-2B training is currently being 
conducted consistently with FAA policy and considers such training to 
be critical to the safe operation of the aircraft. For that reason, the 
FAA does not anticipate any disruptions in training or operations of 
MU-2B aircraft as a result of the immediate effective date for this 
rule. This rulemaking is necessary to align the regulation with the 
safest, best means to conduct training in the MU-2B.

V. Regulatory Notices and Analyses

A. Regulatory Evaluation

    Changes to Federal regulations must undergo several economic 
analyses. First, Executive Order 12866 and Executive Order 13563 direct 
that each Federal agency shall 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 (Pub. 
L. 96-354) requires agencies to analyze the economic impact of 
regulatory changes on small entities. Third, the Trade Agreements Act 
(Pub. L. 96-39) prohibits agencies from setting standards that create 
unnecessary obstacles to the foreign commerce of the United States. In 
developing U.S. standards, the Trade Act requires agencies to consider 
international standards and, where appropriate, that they be the basis 
of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995 
(Pub. L. 104-4) 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 with 
base year of 1995). This portion of the preamble summarizes the FAA's 
analysis of the economic impacts of this rule.
    Department of Transportation Order DOT 2100.5 prescribes policies 
and procedures for simplification, analysis, and review of regulations. 
If the expected cost impact is so minimal that a proposed or final rule 
does not warrant a full evaluation, this order permits that a statement 
to that effect and the basis for it are to be included in the preamble 
if a full regulatory evaluation of the cost and benefits is not 
prepared. Such a determination has been made for this rule. The 
reasoning for this determination follows:
    The purpose and benefit of this action is to correct safety related 
inaccuracies in the regulation and streamline the process for updating 
MU-2B flight training profiles should any inaccuracies be discovered or 
should training requirements or policy need to be revised and updated 
in the future. As a result of this action, operators, training 
providers, and safety officials will have timely, accurate training 
material. This action is important to minimize future accidents.
    Pilots in need of MU-2B training can choose from either a training 
center or hiring one of the approximately 20 MU-2B qualified 
instructors. Currently, there are three primary training providers that 
offer FAA approved MU-2B training.
    There were a number of conflicts between former SFAR No. 108 and 
best practices and FAA guidance, which demonstrate a better safety 
record. The FAA's Kansas City Aircraft Evaluation Group (AEG) and 
Mitsubishi Heavy Industries (MHI) have documented that the SFAR 
conflicted with new and

[[Page 61589]]

revised FAA training requirements, policy, guidance and safe operating 
practices. These practices are set forth in the Airline Transport Pilot 
Practical Test Standards (PTS); Commercial Pilot PTS; FAA Notice 
N8900.205, Enhanced Stall and Stick Pusher Training; Advisory Circular 
(AC) 120-109; Stall and Stick Pusher Training; and AC 120-108, 
Continuous Descent Final Approach (CDFA).
    SFAR No. 108 mandates training, experience, and operating 
requirements to improve the level of operational safety for the MHI MU-
2B series airplane. SFAR No. 108 contained inaccurate training profiles 
and was misaligned with current FAA flight training policy. Since the 
enactment of SFAR No. 108, there have been two accidents with five 
fatalities. The SFAR required training in accordance with inaccurate 
MU-2B flight training profiles. The National Transportation Safety 
Board (NTSB) recommended that the FAA correct these inaccuracies as 
soon as is practical. New stall profiles have been created for 
instructing the pilot to perform a stall recovery using a positive 
reduction of angle of attack method. This procedure change is important 
to ensure that pilots safely recover from a stall and do not cause a 
secondary stall of the aircraft.
    Besides the inaccurate training profiles, SFAR 108 was not aligned 
with current FAA Continuous Descent Final Approach (CDFA) procedures 
flight training policy published in AC 120-108 and published in the MU-
2 FSB Report, Revision 4. FAA CDFA procedures were not contained in the 
SFAR No. 108 MU-2B flight training profiles. Including these procedures 
in subpart N of part 91 will allow operators of the MHI MU-2B series 
airplane to follow the most current procedures when operating an 
appropriately equipped MHI MU-2B series airplane. The new CDFA flight 
training supplements training already contained in the SFAR and 
provides an alternate procedure that may be used at the discretion of 
the pilot.
    The flight training maneuver profiles A-7, B-7, C-7 in former 
Appendix D of the SFAR No. 108 were incorrect regarding the procedures 
for setting power and trim for the demonstration of the one-engine-
inoperative maneuver with a loss of directional control. Furthermore, 
the maneuver profiles in the SFAR No. 108 (profiles A-8 through A-11, 
B-8 through B-11, and C-8 through C-11) required operators to perform 
all stall recoveries with a ``minimal loss of altitude''. This 
requirement has been removed from all FAA and industry training 
documents for other aircraft. This rule relocates and updates the 
content of SFAR No. 108 to this subpart in order to eliminate safety 
concerns resulting from mandating incorrect and out-of-date best 
practices for training in and operating the MU-2B.
    With this action, all MU-2B training must take place under an FAA 
approved MU-2B training program. FAA approval of all MU-2B training 
programs will be based on whether that program meets the performance 
standards of Sec.  91.1705(h). The FAA is also publishing an AC for the 
Mitsubishi MU-2B Training Program. This AC Appendix contains a 
recommended MU-2B training program which may be used by training 
providers to meet the requirements this subpart, or as a reference for 
the training providers to develop their own MU-2B training programs.
    By following the AC training guidance, there will be no new 
training costs associated with this revised training guidance. The 
requalification and recurrent training hours for ground instruction and 
flight instruction remain the same. All MU-2B pilots will have to take 
training compliant with this subpart when their 12-month recurrent 
training requirement comes due, but not before. Nothing in this subpart 
mandates new training outside the existing currency cycle.
    By following the AC training guidance, the change in existing 
training, results in no new costs. Thus, the cost of the rule will be 
minimal.
    The FAA has, therefore, determined that this rule is not a 
``significant regulatory action'' as defined in section 3(f) of 
Executive Order 12866, and is not ``significant'' as defined in DOT's 
Regulatory Policies and Procedures.

B. Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (Public Law 96-354) (RFA) 
establishes ``as a principle of regulatory issuance that agencies shall 
endeavor, consistent with the objectives of the rule and of applicable 
statutes, to fit regulatory and informational requirements to the scale 
of the businesses, organizations, and governmental jurisdictions 
subject to regulation.'' To achieve this principle, agencies are 
required to solicit and consider flexible regulatory proposals and to 
explain the rationale for their actions to assure that such proposals 
are given serious consideration.'' The RFA covers a wide-range of small 
entities, including small businesses, not-for-profit organizations, and 
small governmental jurisdictions.
    Agencies must perform a review to determine whether a rule will 
have a significant economic impact on a substantial number of small 
entities. If the agency determines that it will, the agency must 
prepare a regulatory flexibility analysis as described in the RFA.
    However, if an agency determines that a rule is not expected to 
have a significant economic impact on a substantial number of small 
entities, section 605(b) of the RFA provides that the head of the 
agency may so certify and a regulatory flexibility analysis is not 
required. The certification must include a statement providing the 
factual basis for this determination, and the reasoning should be 
clear.
    MU-2 aircraft are owned by a substantial number of small entities. 
However, the FAA believes that this rule does not have a significant 
economic impact on a substantial number of small entities for the 
following reasons. With this rule, the updated procedures and new 
profiles that are already in place for other FAA approved training 
programs will become mandatory for MU-2B pilots. By following the AC 
training guidance, the change in existing training, results in no new 
costs. Nothing in this rule mandates new training outside the existing 
cycle.
    Therefore, as provided in section 605(b), the head of the FAA 
certifies that this rulemaking will not result in a significant 
economic impact on a substantial number of small entities.

C. International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the 
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal 
agencies from establishing standards or engaging in related activities 
that create unnecessary obstacles to the foreign commerce of the United 
States. Pursuant to these Acts, the establishment of standards is not 
considered an unnecessary obstacle to the foreign commerce of the 
United States, so long as the standard has a legitimate domestic 
objective, such as the protection of safety, and does not operate in a 
manner that excludes imports that meet this objective. The statute also 
requires consideration of international standards and, where 
appropriate, that they be the basis for U.S. standards. The FAA has 
assessed the potential effect of this final rule and determined that 
the rule would protect safety and is not considered an unnecessary 
obstacle to foreign commerce.

[[Page 61590]]

D. Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) 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 an expenditure of $100 million or more 
(in 1995 dollars) 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 $155 million in lieu of $100 
million. This final rule does not contain such a mandate; therefore, 
the requirements of Title II of the Act do not apply.

E. Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires 
that the FAA consider the impact of paperwork and other information 
collection burdens imposed on the public. According to the 1995 
amendments to the Paperwork Reduction Act (5 CFR 1320.8(b)(2)(vi)), an 
agency may not collect or sponsor the collection of information, nor 
may it impose an information collection requirement unless it displays 
a currently valid Office of Management and Budget (OMB) control number. 
The FAA has determined that there is a new requirement for information 
collection associated with this immediately adopted final rule and is 
requesting the Office of Management and Budget to grant an immediate 
emergency clearance on the paperwork package that it is submitting. 
Therefore, notification will be made to the public when a clearance is 
received. Following is a summary of the information collection 
activity.
    Title: MU-2B Series Airplane Training Requirements Update
    Summary/Need: This subpart requires qualified instructors providing 
MU-2B training in part 91 operations to submit a proposed MU-2B 
training program to the FAA for approval. This information collection 
is necessary to the FAA's mission to ensure aviation safety because it 
will enable the FAA to identify MU-2B qualified instructors providing 
training under this subpart and to oversee compliance.
    Respondents: The respondents are an estimated 20-training providers 
operating under part 91 that are qualified to provide training for the 
MU-2B aircraft in accordance with subpart N of part 91.
    Burden: The burden associated with this subpart is minimal to the 
part 91 training providers.
    Use: It will enable the FAA to identify MU-2B qualified instructors 
currently providing training under SFAR No. 108 and oversee compliance 
with subpart N of part 91.
    Frequency: Part 91 training providers will have to submit their 
training programs to the FAA every two years.

F. International Compatibility and Cooperation

    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, it is FAA policy to conform to 
International Civil Aviation Organization (ICAO) Standards and 
Recommended Practices to the maximum extent practicable. The FAA has 
determined that there are no ICAO Standards and Recommended Practices 
that correspond to these proposed regulations.
    Executive Order 13609, Promoting International Regulatory 
Cooperation, promotes international regulatory cooperation to meet 
shared challenges involving health, safety, labor, security, 
environmental, and other issues and to reduce, eliminate, or prevent 
unnecessary differences in regulatory requirements. The FAA has 
analyzed this action under the policies and agency responsibilities of 
Executive Order 13609, and has determined that this action would have 
no effect on international regulatory cooperation.

G. Environmental Analysis

    FAA Order 1050.1F 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 rulemaking action qualifies for the categorical 
exclusion identified in paragraph 5-6.6 and involves no extraordinary 
circumstances.

VI. Executive Order Determinations

A. Executive Order 13132, Federalism

    The FAA has analyzed this immediately adopted final rule under the 
principles and criteria of Executive Order 13132, Federalism. The 
agency determined that this action will not have a substantial direct 
effect on the States, or the relationship between the Federal 
Government and the States, or on the distribution of power and 
responsibilities among the various levels of government, and, 
therefore, does not have Federalism implications.

B. Executive Order 13211, Regulations that Significantly Affect Energy 
Supply, Distribution, or Use

    The FAA analyzed this immediately adopted final rule under 
Executive Order 13211, Actions Concerning Regulations that 
Significantly Affect Energy Supply, Distribution, or Use (May 18, 
2001). The agency has determined that it is not a ``significant energy 
action'' under the executive order and it is not likely to have a 
significant adverse effect on the supply, distribution, or use of 
energy.

VII. How To Obtain Additional Information

A. Rulemaking Documents

    An electronic copy of a rulemaking document may be obtained by 
using the Internet--
    1. Search the Federal eRulemaking Portal (http://www.regulations.gov);
    2. Visit the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies/ or
    3. Access the Government Publishing Office's Web page at: http://www.gpo.gov/fdsys/.
    Copies may also be obtained by sending a request (identified by 
amendment or docket number of this rulemaking) to the Federal Aviation 
Administration, Office of Rulemaking, ARM-1, 800 Independence Avenue 
SW., Washington, DC 20591, or by calling (202) 267-9677.

B. Comments Submitted to the Docket

    Comments received may be viewed by going to http://www.regulations.gov and following the online instructions to search the 
docket number for this action. Anyone is able to search the electronic 
form of all comments received into any of the FAA's dockets by the name 
of the individual submitting the comment (or signing the comment, if 
submitted on behalf of an association, business, labor union, etc.).

C. Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 
1996 requires FAA to comply with small entity requests for information 
or advice about compliance with statutes and regulations within its 
jurisdiction. A small entity with questions regarding this document, 
may contact its local FAA official, or the person listed under the FOR 
FURTHER INFORMATION CONTACT heading at the beginning of the preamble. 
To find out more about SBREFA on the Internet, visit http://www.faa.gov/regulations_policies/rulemaking/sbre_act/.

[[Page 61591]]

List of Subjects

14 CFR Part 35

    Aircraft, Aviation safety.

 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, Alcohol abuse, Aviation safety, Drug 
abuse, Drug testing, Reporting and recordkeeping requirements.

The Amendment

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

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

0
1. The authority citation for part 61 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701-44703, 44707, 
44709-44711, 44729, 44903, 45102-45103, 45301-45302.

0
2. Remove Special Federal Aviation Regulation No. 108.

PART 91--GENERAL OPERATING AND FLIGHT RULES

0
3. The authority citation for part 91 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 1155, 40101, 40103, 40105, 
40113, 40120, 44101, 44111, 44701, 44704, 44709, 44711, 44712, 
44715, 44716, 44717, 44722, 46306, 46315, 46316, 46504, 46506-46507, 
47122, 47508, 47528-47531, 47534, articles 12 and 29 of the 
Convention on International Civil Aviation (61 stat. 1180), (126 
Stat. 11).

0
4. Effective November 7, 2017, remove Special Federal Aviation 
Regulation No. 108--Mitsubishi MU-2B Series Special Training, 
Experience, and Operating Requirements.

0
5. Amend part 91 by adding subpart N to read as follows:

Subpart N--Mitsubishi MU-2B Series Special Training, Experience, 
and Operating Requirements

Sec.
91.1701 Applicability
91.1703 Compliance and eligibility.
91.1705 Required pilot training.
91.1707 Training program hours.
91.1709 Training program approval.
91.1711 Aeronautical experience.
91.1713 Instruction, checking, and evaluation.
91.1715 Currency requirements and flight review.
91.1717 Operating requirements.
91.1719 Credit for prior training.
91.1721 Incorporation by reference.


Sec.  91.1701  Applicability.

    (a) On and after November 7, 2016, all training conducted in an MU-
2B must follow an approved MU-2B training program that meets the 
standards of this subpart.
    (b) This subpart applies to all persons who operate a Mitsubishi 
MU-2B series airplane, including those who act as pilot in command, act 
as second-in-command, or other persons who manipulate the controls 
while under the supervision of a pilot in command.
    (c) This subpart also applies to those persons who provide pilot 
training for a Mitsubishi MU-2B series airplane. The requirements in 
this subpart are in addition to the requirements of parts 61, 91, and 
135 of this chapter.


Sec.  91.1703  Compliance and eligibility.

    (a) Except as provided in paragraph (b) of this section, no person 
may manipulate the controls, act as PIC, act as second-in-command, or 
provide pilot training for a Mitsubishi MU-2B series airplane unless 
that person meets the requirements of this subpart.
    (b) A person who does not meet the requirements of this subpart may 
manipulate the controls of a Mitsubishi MU-2B series airplane if a 
pilot in command who meets the requirements of this subpart is 
occupying a pilot station, no passengers or cargo are carried on board 
the airplane, and the flight is being conducted for one of the 
following reasons--
    (1) The pilot in command is providing pilot training to the 
manipulator of the controls;
    (2) The pilot in command is conducting a maintenance test flight 
with a second pilot or certificated mechanic; or
    (3) The pilot in command is conducting simulated instrument flight 
and is using a safety pilot other than the pilot in command who 
manipulates the controls for the purposes of Sec.  91.109(b).
    (c) A person is required to complete Initial/transition training if 
that person has fewer than--
    (1) 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; or
    (2) 500 hours of documented flight time manipulating the controls 
while serving as pilot in command of a Mitsubishi MU-2B series 
airplane.
    (d) A person is eligible to receive Requalification training in 
lieu of Initial/transition training if that person has at least--
    (1) 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; or
    (2) 500 hours of documented flight time manipulating the controls 
while serving as pilot in command of a Mitsubishi MU-2B series 
airplane.
    (e) A person is required to 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 person must successfully complete 
Initial/transition training or Requalification training before being 
eligible to receive Recurrent training.
    (f) Successful completion of Initial/transition training or 
Requalification training is a one-time requirement. A person may elect 
to retake Initial/transition training or Requalification training in 
lieu of Recurrent training.
    (g) A person is required to complete Differences training in 
accordance with an FAA approved MU-2B training program if that person 
operates more than one MU-2B model as specified in Sec.  91.1707(c).


Sec.  91.1705  Required pilot training.

    (a) Except as provided in Sec.  91.1703(b), no person may 
manipulate the controls, act as pilot in command, or act as second-in-
command of a Mitsubishi MU-2B series airplane for the purpose of flight 
unless--
    (1) The requirements for ground and flight training on Initial/
transition, Requalification, Recurrent, and Differences training have 
been completed in accordance with an FAA approved MU-2B training 
program that meets the standards of this subpart; and
    (2) That person's logbook has been endorsed in accordance with 
paragraph (f) of this section.
    (b) Except as provided in Sec.  91.1703(b), no person may 
manipulate the controls, act as pilot in command, or act as second-in-
command, of a Mitsubishi MU-2B series airplane for the purpose of 
flight unless--
    (1) That person satisfactorily completes, if applicable, annual 
Recurrent pilot training on the Special Emphasis Items, and all items 
listed in the Training Course Final Phase Check in accordance with an 
FAA approved MU-2B training program that meets the standards of this 
subpart; and
    (2) That person's logbook has been endorsed in accordance with 
paragraph (f) of this section.
    (c) Satisfactory completion of the competency check required by 
Sec.  135.293 of this chapter within the preceding 12

[[Page 61592]]

calendar months may not be substituted for the Mitsubishi MU-2B series 
airplane annual recurrent flight training of this section.
    (d) Satisfactory completion of a Federal Aviation Administration 
sponsored pilot proficiency program, as described in Sec.  61.56(e) of 
this chapter may not be substituted for the Mitsubishi MU-2B series 
airplane annual recurrent flight training of this section.
    (e) If a person complies with the requirements of paragraph (a) or 
(b) of this section in the calendar month before or the calendar month 
after the month in which compliance with these paragraphs are required, 
that person is considered to have accomplished the training requirement 
in the month the training is due.
    (f) The endorsement required under paragraph (a) and (b) of this 
section must be made by--
    (1) A certificated flight instructor or a simulator instructor 
authorized by a Training Center certificated under part 142 of this 
chapter and meeting the qualifications of Sec.  91.1713; or
    (2) For persons operating the Mitsubishi MU-2B series airplane for 
a 14 CFR part 119 certificate holder within the last 12 calendar 
months, the part 119 certificate holder's flight instructor if 
authorized by the FAA and if that flight instructor meets the 
requirements of Sec.  91.1713.
    (g) All training conducted for a Mitsubishi MU-2B series airplane 
must be completed in accordance with an MU-2B series airplane checklist 
that has been accepted by the Federal Aviation Administration's MU-2B 
Flight Standardization Board or the applicable MU-2B series checklist 
(incorporated by reference, see Sec.  91.1721).
    (h) MU-2B training programs must contain ground training and flight 
training sufficient to ensure pilot proficiency for the safe operation 
of MU-2B aircraft, including:
    (1) A ground training curriculum sufficient to ensure pilot 
knowledge of MU-2B aircraft, aircraft systems, and procedures, 
necessary for safe operation; and
    (2) Flight training curriculum including flight training maneuver 
profiles sufficient in number and detail to ensure pilot proficiency in 
all MU-2B operations for each MU-2B model in correlation with MU-2B 
limitations, procedures, aircraft performance, and MU-2B Cockpit 
Checklist procedures applicable to the MU-2B model being trained. A MU-
2B training program must contain, at a minimum, the following flight 
training maneuver profiles applicable to the MU-2B model being trained:
    (i) Normal takeoff with 5- and 20- degrees flaps;
    (ii) Takeoff engine failure with 5- and 20- degrees flaps;
    (iii) Takeoff engine failure on runway or rejected takeoff;
    (iv) Takeoff engine failure after liftoff--unable to climb (may be 
completed in classroom or flight training device only);
    (v) Steep turns;
    (vi) Slow flight maneuvers;
    (vii) One engine inoperative maneuvering with loss of directional 
control;
    (viii) Approach to stall in clean configuration and with wings 
level;
    (ix) Approach to stall in takeoff configuration with 15- to 30- 
degrees bank;
    (x) Approach to stall in landing configuration with gear down and 
40-degrees of flaps;
    (xi) Accelerated stall with no flaps;
    (xii) Emergency descent at low speed;
    (xiii) Emergency descent at high speed;
    (xiv) Unusual attitude recovery with the nose high;
    (xv) Unusual attitude recovery with the nose low;
    (xvi) Normal landing with 20- and 40- degrees flaps;
    (xvii) Go around and rejected landing;
    (xviii) No flap or 5- degrees flaps landing;
    (xix) One engine inoperative landing with 5- and 20- degrees flaps;
    (xx) Crosswind landing;
    (xxi) Instrument landing system (ILS) and missed approach ;
    (xxii) Two engine missed approach;
    (xxiii) One engine inoperative ILS and missed approach;
    (xxiv) One engine inoperative missed approach;
    (xxv) Non-precision and missed approach;
    (xxvi) Non-precision continuous descent final approach and missed 
approach;
    (xxvii) One engine inoperative non-precision and missed approach;
    (xxviii) One engine inoperative non-precision CDFA and missed 
approach;
    (xxix) Circling approach at weather minimums;
    (xxx) One engine inoperative circling approach at weather minimums.
    (3) Flight training must include a final phase check sufficient to 
document pilot proficiency in the flight training maneuver profiles at 
the completion of training; and
    (4) Differences training for applicable MU-2B model variants 
sufficient to ensure pilot proficiency in each model operated. Current 
MU-2B differences requirements are specified in Sec.  91.1707(c). A 
person must complete Differences training if a person operates more 
than one MU-2B model as specified in Sec.  91.1707(c). Differences 
training between the factory type design K and M models of the MU-2B 
airplane, and the factory type design J and L models of the MU-2B 
airplane, may be accomplished with Level A training. All other factory 
type design differences training must be accomplished with Level B 
training unless otherwise specified in Sec.  91.1707(c) . A Level A or 
B differences training is not a recurring annual requirement. Once a 
person has completed Initial Level A or B Differences training between 
the applicable different models, no additional differences training 
between those models is required.
    (5) Icing training sufficient to ensure pilot knowledge and safe 
operation of the MU-2B aircraft in icing conditions as established by 
the FAA;
    (6) Ground and flight training programs must include training hours 
identified by Sec.  91.1707(a) for ground instruction, Sec.  91.1707(b) 
for flight instruction, and Sec.  91.1707(c) for differences training.
    (i) No training credit is given for second-in-command training and 
no credit is given for right seat time under this program. Only the 
sole manipulator of the controls of the MU-2B airplane, flight training 
device, or Level C or D simulator can receive training credit under 
this program;
    (ii) An MU-2B airplane must be operated in accordance with an FAA 
approved MU-2B training program that meets the standards of this 
subpart and the training hours in Sec.  91.1707.
    (7) Endorsements given for compliance with paragraph (f) of this 
section must be appropriate to the content of that specific MU-2B 
training program's compliance with standards of this subpart.


Sec.  91.1707  Training program hours.

    (a) Ground instruction hours are listed in the following table:

[[Page 61593]]



------------------------------------------------------------------------
       Initial/transition           Requalificaton         Recurrent
------------------------------------------------------------------------
20 hours........................  12 hours..........  8 hours.
------------------------------------------------------------------------

    (b) Flight instruction hours are listed in the following table:

------------------------------------------------------------------------
       Initial/transition           Requalification        Recurrent
------------------------------------------------------------------------
12 hours with a minimum of 6      8 hours level C or  4 hours at level
 hours at level E.                 level E.            E, or 6 hours at
                                                       level C.
------------------------------------------------------------------------

    (c) Differences training hours are listed in the following table:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
2 factory type design models concurrently........  1.5 hours required at level B.
More than 2 factory type design models             3 hours at level B.
 concurrently.
Each additional factory type design model added    1.5 hours at level B.
 separately.
----------------------------------------------------------------------------------------------------------------

    (d) Definitions of levels of training as used in this subpart:
    (1) LEVEL A Training--Training that is conducted through self-
instruction by the pilot.
    (2) LEVEL B Training--Training that is conducted in the classroom 
environment with the aid of a qualified instructor who meets the 
requirements of this subpart.
    (3) LEVEL C Training--Training that is accomplished in an FAA-
approved Level 5 or 6 flight training device. In addition to the basic 
FTD requirements, the FTD must be representative of the MU-2B cockpit 
controls and be specifically approved by the FAA for the MU-2B 
airplane.
    (4) Level E Training--Training that must be accomplished in the MU-
2B airplane, Level C simulator, or Level D simulator.


Sec.  91.1709  Training program approval.

    To obtain approval for an MU-2B training program, training 
providers must submit a proposed training program to the Administrator.
    (a) Only training programs approved by the Administrator may be 
used to satisfy the standards of this subpart.
    (b) For part 91 training providers, training programs will be 
approved for 24 months, unless sooner superseded or rescinded.
    (c) The Administrator may require revision of an approved MU-2B 
training program at any time.
    (d) A training provider must present its approved training program 
and FAA approval documentation to any representative of the 
Administrator, upon request.


Sec.  91.1711  Aeronautical experience.

    No person may act as a pilot in command of a Mitsubishi MU-2B 
series airplane for the purpose of flight unless that person holds an 
airplane category and multi-engine land class rating, and has logged a 
minimum of 100 flight hours of PIC time in multi-engine airplanes.


Sec.  91.1713  Instruction, checking, and evaluation.

    (a) Flight Instructor (Airplane). No flight instructor may provide 
instruction or conduct a flight review in a Mitsubishi MU-2B series 
airplane unless that flight instructor
    (1) Meets the pilot training and documentation requirements of 
Sec.  91.1705 before giving flight instruction in the Mitsubishi MU-2B 
series airplane;
    (2) Meets the currency requirements of Sec. Sec.  91.1715(a) and 
91.1715(c)
    (3) Has a minimum total pilot time of 2,000 pilot-in-command hours 
and 800 pilot-in-command hours in multiengine airplanes; and
    (4) Has:
    (i) 300 pilot-in-command hours in the Mitsubishi MU-2B series 
airplane, 50 hours of which must have been within the preceding 12 
months; or
    (ii) 100 pilot-in-command hours in the Mitsubishi MU-2B series 
airplane, 25 hours of which must have been within the preceding 12 
months, and 300 hours providing instruction in a FAA-approved 
Mitsubishi MU-2B simulator or FAA-approved Mitsubishi MU-2B flight 
training device, 25 hours of which must have been within the preceding 
12 months.
    (b) Flight Instructor (Simulator/Flight Training Device). No flight 
instructor may provide instruction for the Mitsubishi MU-2B series 
airplane unless that instructor meets the requirements of this 
paragraph--
    (1) Each flight instructor who provides flight training for the 
Mitsubishi MU-2B series airplane must meet the pilot training and 
documentation requirements of Sec.  91.1705 before giving flight 
instruction for the Mitsubishi MU-2B series airplane;
    (2) Each flight instructor who provides flight training for the 
Mitsubishi MU-2B series airplane must meet the currency requirements of 
Sec.  91.1715(c) before giving flight instruction for the Mitsubishi 
MU-2B series airplane;
    (3) Each flight instructor who provides flight training for the 
Mitsubishi MU-2B series airplane must have:
    (i) A minimum total pilot time of 2000 pilot-in-command hours and 
800 pilot-in-command hours in multiengine airplanes; and
    (ii) Within the preceding 12 months, either 50 hours of Mitsubishi 
MU-2B series airplane pilot-in-command experience or 50 hours providing 
simulator or flight training device instruction for the Mitsubishi MU-
2B.
    (c) Checking and evaluation. No person may provide checking or 
evaluation for the Mitsubishi MU-2B series airplane unless that person 
meets the requirements of this paragraph--
    (1) For the purpose of checking, designated pilot examiners, 
training center evaluators, and check airmen must have completed the 
appropriate training in the Mitsubishi MU-2B series airplane in 
accordance with Sec.  91.1705;
    (2) For checking conducted in the Mitsubishi MU-2B series airplane, 
each designated pilot examiner and check airman must have 100 hours 
pilot-in-command flight time in the Mitsubishi MU-2B series airplane 
and maintain currency in accordance with Sec.  91.1715.

[[Page 61594]]

Sec.  91.1715  Currency requirements and flight review.

    (a) The takeoff and landing currency requirements of Sec.  61.57 of 
this chapter must be maintained in the Mitsubishi MU-2B series 
airplane. Takeoff and landings in other multiengine airplanes do not 
meet the takeoff landing currency requirements for the Mitsubishi MU-2B 
series airplane. Takeoff and landings in either the short-body or long-
body Mitsubishi MU-2B model airplane may be credited toward takeoff and 
landing currency for both Mitsubishi MU-2B model groups.
    (b) Instrument experience obtained in other category and class of 
aircraft may be used to satisfy the instrument currency requirements of 
Sec.  61.57 of this chapter for the Mitsubishi MU-2B series airplane.
    (c) Satisfactory completion of a flight review to satisfy the 
requirements of Sec.  61.56 of this chapter is valid for operation of a 
Mitsubishi MU-2B series airplane only if that flight review is 
conducted in a Mitsubishi MU-2B series airplane or an MU-2B Simulator 
approved for landings with an approved course conducted under part 142 
of this chapter. The flight review for Mitsubishi MU-2B series 
airplanes must include the Special Emphasis Items, and all items listed 
in the Training Course Final Phase Check in accordance with an approved 
MU-2B Training Program.
    (d) A person who successfully completes the Initial/transition, 
Requalification, or Recurrent training requirements under Sec.  91.1705 
of this chapter also meet the requirements of Sec.  61.56 of this 
chapter and need not accomplish a separate flight review provided that 
at least 1 hour of the flight training was conducted in the Mitsubishi 
MU-2B series airplane or an MU-2B Simulator approved for landings with 
an approved course conducted under part 142 of this chapter.


Sec.  91.1717   Operating requirements.

    (a) Except as provided in paragraph (b) of this section, no person 
may operate a Mitsubishi MU-2B airplane in single pilot operations 
unless that airplane has a functional autopilot.
    (b) A person may operate a Mitsubishi MU-2B airplane in single 
pilot operations without a functional autopilot when--
    (1) Operating under day visual flight rule requirements; or
    (2) Authorized under a FAA approved minimum equipment list for that 
airplane, operating under instrument flight rule requirements in 
daytime visual meteorological conditions.
    (c) No person may operate a Mitsubishi MU-2B series airplane unless 
a copy of the appropriate Mitsubishi Heavy Industries MU-2B Airplane 
Flight Manual is carried on board the airplane and is accessible during 
each flight at the pilot station.
    (d) No person may operate a Mitsubishi MU-2B series airplane unless 
an MU-2B series airplane checklist, appropriate for the model being 
operated and accepted by the Federal Aviation Administration MU-2B 
Flight Standardization Board, is accessible for each flight at the 
pilot station and is used by the flight crewmembers when operating the 
airplane.
    (e) No person may operate a Mitsubishi MU-2B series airplane 
contrary to the standards of this subpart.
    (f) If there are any differences between the training and operating 
requirements of this subpart and the MU-2B Airplane Flight Manual's 
procedures sections (Normal, Abnormal, and Emergency) and the MU-2B 
airplane series checklist incorporated by reference in Sec.  91.1721, 
the person operating the airplane must operate the airplane in 
accordance with the training specified in this subpart.


Sec.  91.1719  Credit for prior training.

    Initial/transition, requalification, recurrent or Level B 
differences training conducted prior to November 7, 2016, compliant 
with SFAR No. 108, Section 3 of this part, is considered to be 
compliant with this subpart, if the student met the eligibility 
requirements for the applicable category of training and the student's 
instructor met the experience requirements of this subpart.


Sec.  91.1721   Incorporation by reference.

    (a) The Mitsubishi Heavy Industries MU-2B Cockpit Checklists are 
incorporated by reference into this part. The Director of the Federal 
Register approved this incorporation by reference in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. All approved material is available for 
inspection at U.S. Department of Transportation, Docket Management 
Facility, Room W 12-140, West Building Ground Floor, 1200 New Jersey 
Ave. SE., Washington, DC 20590-0001, or at the National Archives and 
Records Administration, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (b) Turbine Aircraft Services, Inc., 4550 Jimmy Doolittle Drive, 
Addison, Texas 75001, USA.
    (1) Mitsubishi Heavy Industries MU-2B Checklists:
    (i) Cockpit Checklist, Model MU-2B-60, Type Certificate A10SW, MHI 
Document No. YET06220C, accepted by FSB on February 12, 2007.
    (ii) Cockpit Checklist, Model MU-2B-40, Type Certificate A10SW, MHI 
Document No. YET06256A, accepted by FSB on February 12, 2007.
    (iii) Cockpit Checklist, Model MU-2B-36A, Type Certificate A10SW, 
MHI Document No. YET06257B, accepted by FSB on February 12, 2007.
    (iv) Cockpit Checklist, Model MU-2B-36, Type Certificate A2PC, MHI 
Document No. YET06252B, accepted by FSB on February 12, 2007.
    (v) Cockpit Checklist, Model MU-2B-35, Type Certificate A2PC, MHI 
Document No. YET06251B, accepted by FSB on February 12, 2007.
    (vi) Cockpit Checklist, Model MU-2B-30, Type Certificate A2PC, MHI 
Document No. YET06250A, accepted by FSB on March 2, 2007.
    (vii) Cockpit Checklist, Model MU-2B-26A, Type Certificate A10SW, 
MHI Document No. YET06255A, accepted by FSB on February 12, 2007.
    (viii) Cockpit Checklist, Model MU-2B-26, Type Certificate A2PC, 
MHI Document No. YET06249A, accepted by FSB on March 2, 2007.
    (ix) Cockpit Checklist, Model MU-2B-26, Type Certificate A10SW, MHI 
Document No. YET06254A, accepted by FSB on March 2, 2007.
    (x) Cockpit Checklist, Model MU-2B-25, Type Certificate A10SW, MHI 
Document No. YET06253A, accepted by FSB on March 2, 2007.
    (xi) Cockpit Checklist, Model MU-2B-25, Type Certificate A2PC, MHI 
Document No. YET06248A, accepted by FSB on March 2, 2007.
    (xii) Cockpit Checklist, Model MU-2B-20, Type Certificate A2PC, MHI 
Document No. YET06247A, accepted by FSB on February 12, 2007.
    (xv) Cockpit Checklist, Model MU-2B-15, Type Certificate A2PC, MHI 
Document No. YET06246A, accepted by FSB on March 2, 2007.
    (xvi) Cockpit Checklist, Model MU-2B-10, Type Certificate A2PC, MHI 
Document No. YET06245A, accepted by FSB on March 2, 2007.
    (xvii) Cockpit Checklist, Model MU-2B, Type Certificate A2PC, MHI 
Document No. YET06244A, accepted by FSB on March 2, 2007.
    (2) [Reserved]

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

0
6. The authority citation for part 135 continues to read as follows:


[[Page 61595]]


    Authority: 49 U.S.C. 106(f), 106(g), 41706, 40113, 44701-44702, 
44705, 44709, 44711-44713, 44715-44717, 44722, 44730, 45101-45105; 
Pub. L. 112-95, 126 Stat. 58 (49 U.S.C. 44730).

0
7. Remove Special Federal Aviation Regulation No. 108.

    Issued under authority provided by 49 U.S.C. 106(f), 44701(a), 
and 44703 in Washington, DC, on July 11, 2016.
Michael P. Huerta,
Administrator.
[FR Doc. 2016-21356 Filed 9-6-16; 8:45 am]
 BILLING CODE 4910-13-P