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DEPARTMENT OF TRANSPORTATION

Western Area Power Administration

CFR Citation: 14 CFR Parts 61, 91, and 135

Docket ID: [Docket No. FAA-2006-24981; Amendment Nos. 61-117, 91-298, and 135-111]

RIN ID: RIN 2120-AI82

NOTICE: Part II

DOCUMENT ACTION: Final rule.

SUBJECT CATEGORY: Special Federal Aviation Regulation No. 108--Mitsubishi MU-2B Series Airplane Special Training, Experience, and Operating Requirements

DATES: This final rule is effective April 7, 2008. Affected parties, however, do not have to comply with the information collection requirements until the FAA publishes in the Federal Register the control number assigned by the Office of Management and Budget (OMB) for these information collection requirements. Publication of the control number notifies the public that OMB has approved these information collection requirements under the Paperwork Reduction Act of 1995.

The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of April 7, 2008.

DOCUMENT SUMMARY: This Special Federal Aviation Regulation (SFAR) creates new pilot training, experience, and operating requirements for persons operating the Mitsubishi MU2B series airplane (MU2B). These requirements follow an increased accident and incident rate in the MU 2B and are based on a Federal Aviation Administration safety evaluation of the MU2B. This SFAR mandates additional training, experience, and operating requirements to improve the level of operational safety for the MU2B.

SUMMARY: Transportation Department, Federal Aviation Administration,

SUPPLEMENTAL INFORMATION

Authority for This Rulemaking

The Federal Aviation Administration's (FAA's) 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 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 section 44701 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 MU2B.

Background

In response to the increasing number of accidents and incidents involving the Mitsubishi Heavy Industries (MHI) MU2B series airplane, the FAA performed a safety evaluation of the MU2B starting in July 2005. The safety evaluation provided an indepth review and analysis of MU2B accidents, incidents, safety data, pilot training requirements, and maintenance. During the safety evaluation, the FAA also convened an FAA Flight Standardization Board (FSB) to evaluate proposed training, checking, and currency requirements for pilots operating the MU2B.

The notice of proposed rulemaking (NPRM) published on September 28, 2006 (71 FR 56905) was based on the recommendations of the safety evaluation and the FSB report. A copy of both the safety evaluation and the FSB report are in the Rules Docket (FAA200624981) for this rulemaking action. In the NPRM, the FAA proposed new requirements for ground and flight training that would apply to all persons who manipulate the controls or act as pilotincommand (PIC) of the MU2B. The proposed SFAR also would apply to those persons who provide pilot training for the Mitsubishi MU2B. Operational requirements, such as a requirement for a functioning autopilot for single pilot instrument flight rules (IFR) and night visual flight rules (VFR) operations, a requirement to obtain and carry a copy of the latest available revision of the airplane flight manual, and a requirement to use a new pilot checklist were part of the proposal. The requirements of the proposed SFAR would be in addition to the requirements in 14 CFR parts 61, 91, and 135.

The FAA proposed that all training conducted in the Mitsubishi MU 2B be done using the standardized MHI training program and a checklist accepted by the FAA's MU2B FSB. Copies of a training program and a checklist were placed in the Rules Docket for this rulemaking so that interested persons could comment on them. In addition, the FAA requested comment on additional paperwork requirements of the proposed rule.

The FAA proposed a 180day compliance date for the final rule. However, when published in the Federal Register a printing error indicated the compliance date would be March 27, 2007. This date is incorrect. The FAA intended that operators comply with this rule within 180 days of the final rule's publication.

On January 3, 2007 (72 FR 55) the FAA published a supplemental NPRM (SNPRM). The FAA had been monitoring implementation of the MHI MU2B training program and determined that some pilots with little or no experience flying the MU2B were requesting training at the requalification level when it was the FAA's intention that these pilots receive training at the initial/transition level. The FAA needed to clarify our intent with regard to the phrase ``operating experience'' as used in the training program. A lack of specificity led to the public not being properly advised as to the circumstances under which the FAA expected a pilot to undergo initial/transition training, requalification training, or recurrent training. In the SNPRM, the FAA proposed experience qualifications for initial/transition training, requalification training, and recurrent training. The comment period for the SNPRM closed on February 2, 2007.

Comments on the Proposed Rule

The FAA received over 90 comments on the proposed SFAR. Commenters included commercial operators, general aviation pilots, organizations representing owners and operators of the MU2B, and the manufacturer. Most commenters applauded the FAA's requirement for additional pilot training in the MU2B airplane, but also took issue with the total number of program hours required for pilot training or qualification as a flight instructor. Several commenters noted that the MU2B, by the FAA's own admission, is a safe airplane and questioned why pilots of other makes and models of airplanes are not required to receive additional training. In general, commenters noted that the MU2B airplane is safe if ``flown by the book.''

Several commenters stated that the SFAR is well thought out and will address the majority of MU2B accidents that have arisen out of the lack of pilot training or inadequate pilot training. Other commenters stated that the additional training will not address accidents that occur from bad pilot judgment, such as the two recent [[Page 7035]]
accidents involving pilots who flew into severe thunderstorms. Others commented that the SFAR enhanced the regulatory environment and will improve safety within the population of MU2B operators.

The Aircraft Owners and Pilot Association (AOPA) supported the idea of an SFAR to address the special challenges of flying an MU2B, but stated that the proposed requirements are burdensome and go beyond what is reasonable for safety. The National Air Transportation Association (NATA) commended the FAA for the course of action the agency took in developing the NPRM, but expressed concern that the narrow compliance window and burdensome aeronautical experience requirements would reduce available instructors. The National Business Aviation Association (NBAA) praised the FAA for maintaining a datadriven safety focus. After reviewing the FAA's proposal, NBAA concluded that the issuance of an SFAR is the most appropriate regulatory solution in light of a number of possible options. The Regional Air Cargo Carriers Association (RACCA) applauded the FAA's efforts to take a measured approach involving the manufacturer, the operators, and the FAA in developing means to address perceived safety issues with the aircraft. There was a general consensus among many of the commenters that the rulemaking effort benefited from the collaborative process prior to the NPRM that involved the airplane's users, manufacturer, and regulators.

The FAA received 20 comments to the SNPRM. Numerous comments on the SNPRM addressed issues on language in the NPRM. All comments are summarized in this preamble by issue.

Applicability

The FAA proposed that this rule apply to a PIC, second in command (SIC), or any other person who manipulates the controls of the MU2B airplane. The FAA received many comments asking who would be allowed to manipulate the controls of the Mitsubishi MU2B airplane. The commenters argued that there are legitimate reasons why a person who is not the PIC and who does not meet the training requirement of the proposed SFAR should be allowed to manipulate the controls. Some of these reasons included flights for the purposes of providing pilot training, maintenance flights, preemployment pilot proficiency evaluations, and demonstration flights related to aircraft sales. One commenter was concerned that the rule would prohibit a ``pinch hitter'' from manipulating the controls. Pinch hitter courses are often given to provide noncertificated persons with basic piloting skills in order to assist in an emergency, such as the medical incapacitation of the PIC.

The FAA agrees that the proposed restrictions would make it difficult to receive flight training in the MU2B. The FAA did not intend to prohibit the use of the MU2B during flight training if the PIC had successfully completed the flight training requirements of the proposed rule.

Some commenters provided valid reasons for a less restrictive regulation. The FAA recognizes that certain maintenance test flights are best performed with two pilots or a pilot and a mechanic. For example, the level of safety when performing an inflight Negative Torque Sensor Check is greatly enhanced when done by a twopilot crew or a pilot and mechanic. The FAA has revised the rule language to allow manipulation of the controls by certain persons who have not received the SFAR's required training. The revised rule requires that the PIC must have completed the required MU2B training and occupy a pilot station, and the flight may not be conducted with passengers or cargo onboard. A nonqualified pilot may manipulate the controls in the three circumstances described in section 2, paragraph (b) of the SFAR.

The FAA considers a pinch hitter course to be a form of flight instruction. The FAA also considers preemployment pilot proficiency evaluations to be a function of flight training if such evaluations are conducted by qualified instructors meeting the training and experience requirements of this SFAR. The FAA notes that the responsibility and authority of a PIC allows the PIC to deviate from the rules to the extent required in an inflight emergency requiring immediate action. Time Allowed for Compliance With the Rule

The FAA proposed that all persons who operate the MU2B airplane or train in the airplane would meet the requirements of the rule within 180 days of the effective date of the final rule. We felt that an expedited compliance period was necessary because of the potential safety risk identified by the safety evaluation. Based on comments and other actions that have mitigated these risks, such as voluntary compliance with the training program, the FAA has extended the compliance period to 1 year.

Many commenters expressed concern that 180 days is too short a time period for compliance. Two commercial training providers (SIMCOM and Howell Enterprises) and the airplane manufacturer (MHI) suggested 365 days as an alternative. One commenter noted the scarcity of flight instructors for the large number of pilots who would need training, stating that there are only three qualified instructors in the United States and only one simulator. Another commenter noted that some pilots are delaying recurrent training to see what the final rule will mandate; thus there will be a rush to training. Most persons commenting on this issue suggested a 365day compliance period. Commenters also noted that if all pilots are trained in the proposed 180 days, the instructors would have nothing to do the other half of the year. They also posited that a onetime compliance window would make everyone's recurrent training in following years fall within the same 180 days.

Many commenters noted that commercial operators and most general aviation pilots are already receiving some sort of annual training. The commenters believe a longer (1 year) implementation period will allow these pilots to retain their current training cycle. The NATA believes a 1year compliance time is more economically efficient, as it will allow MU2B pilots flying under part 135 to complete the training defined in the SFAR in conjunction with currently required part 135 checks. They also argued that longer compliance time will have a minimal impact on safety.

The FAA agrees that a 180day implementation period is too short. The SFAR will allow pilots to match existing annual training cycles whenever possible to reduce compliance costs. The final rule will take effect 60 days after publication in the Federal Register. The compliance period will be 305 days from the effective date. Therefore, the operators and trainers for the MU2B will have 365 days from the date of publication of the final rule to comply.

Pilot Training

Many commenters agreed with the need for specialized training but raised concerns with the type and length of training. Some commenters felt that the SFAR did not go far enough, especially for initial training and part 135 operations.

Minimum Program Hours

The FAA proposed to adopt the hours of training determined by the FSB and incorporated in the MU2B Training Program. We have decided to reformat the proposed training program and include it as Appendices A through D
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to the SFAR. We have not added any additional requirements to the training program in the appendix, and it is fundamentally the same as the training program that we placed in the rules docket for comment.

One commercial training provider commented that the training program reduces ground training hours below what is currently provided and should be increased. Another commenter asserted that 8 hours of recurrent training is excessive for already proficient pilots. Several persons commented that 6, rather than 8, hours of requalification training is more reasonable. One commenter stated that a PIC should have at least 10 hours of inflight training in the MU2B before taking a check ride. Two commenters stated that the required training hours are arbitrary.

The FAA established the minimum required ground and flight training program hours after carefully reviewing all FAAapproved training programs and the proposed MHI training program. A team of pilots representing a cross section of the airplane's user demographics received the training. Proficiency levels and completion times were closely tracked. Additionally, the FAA has monitored the completion times for training conducted using the MHI training program since its approval. This monitoring has validated the number of training hours proposed. Accordingly, the FAA has determined that the program hour requirements represent the minimum number of hours required to reach an acceptable level of safety and proficiency. The FAA notes that training providers can add additional hours to the program if they feel it is needed.

A commenter stated that the 4 hours of recurrent training, followed by a check ride, is too exhausting. This person suggested that the training be broken into two, 2hour training sessions, each 6 months apart. The FAA clarifies that the recurrent training requirement must be completed annually. The SFAR does not prohibit the division of the training into segments. Thus, the requirement may be met in two or more training sessions in order to align with existing training cycles. Training to Proficiency

The FAA proposed to adopt the hours of training determined by the FSB and incorporated in the MU2B training program, which vary depending on whether the pilot is receiving initial/transition, requalification, recurrent, or differences training.

Several commenters suggested training to proficiency rather than imposing a set number of hours of training. The commenters also noted that the number of hours proposed is too much training for some and too little for others.

The FAA points out that the MU2B training program requires that the student complete a minimum number of program hours and that the student is trained to an acceptable level of proficiency as defined in the training program. Additionally, although the training program addresses pilot proficiency and skill, the training program also provides a body of knowledge addressing best practices, procedures, and operational techniques, as learned throughout the safety evaluation and the FSB process. Therefore, the FAA has determined that the program hours represent the minimum amount of training time needed. The FAA will continue to monitor the time required for completion of the training and may adjust the required training program hours if necessary.

Credit for Part 135 Training

The FAA stated in the proposed rule that the hours of training in the MU2B training program are in addition to other training required by parts 61 and 135. Based on comment, we realize that some training maneuvers may be redundant. In this case, the maneuver is only performed once, but credit is given in both training programs.

A commenter stated that the FAA should recognize part 135 training that is already required (i.e., Sec. 135.293 aircraft competency check, Sec. 135.297 instrument proficiency check, Sec. 135.299 line check). Part 135 operators already receive a total of 3 hours of in flight testing each year, plus the training that will be required by the SFAR. The commenter does not think the SFAR considered the part 135 training.

In drafting the NPRM, the FAA did consider training already conducted under part 61 and part 135. Maneuvers covered under the Final Phase Check required by the training program may not satisfy all the requirements of a Sec. 135.293, Sec. 135.297, or Sec. 135.299 check. Many maneuvers listed on the FAA Form 84103, Airman Competency/ Proficiency Check, are not required under the final phase check of the training program. In the event that maneuvers or other training requirements appear in both training programs, credit should be given for the training under both programs. To the extent the training is conducted in an MU2B airplane, and the maneuvers are identical, credit will be given for both program hours and completion of maneuvers. Such actions should be well documented, as this allowance does not eliminate any of the recordkeeping requirements within either training program. Operators must ensure that all requirements of part 135 are met. However, operators are not required to perform the same maneuvers twice (i.e., once for the Final Phase Check and again during a Sec. 135.293 proficiency check). All items for both programs must be completed, even if that results in exceeding the minimum number of program hours. Credit for Prior Training

The FAA did not allow credit for prior training in the proposed rule because it determined that much of the training lacked standardization and had differing procedures.

Some commenters felt that pilots with a high level of experience, previous factory training, or `third party annual training' for insurance purposes, should be exempt (grandfathered) or have a reduced number of training hours. The FAA also received comments that the proposed training program as presently defined is the only approved training program. This single program means the entire MU2B community is required to use the proposed training program. Another commenter suggested that existing approved training programs are adequate. Several commenters requested exemption from the SFAR training requirements because of participation in other approved training programs.

During the MU2B safety evaluation, the FAA reviewed 23 approved training programs. There was little standardization among these training programs. Many taught techniques and procedures that were contrary to those published in the airplane flight manual (AFM). Therefore it was the conclusion of the safety evaluation and the FSB, that in order for training to be effective, there must be one standardized training program. The FAA will not allow persons to be grandfathered from the SFAR based on previous training. However, as explained later in this document, training conducted between July 27, 2006, and the effective date of this rule, using Mitsubishi Heavy Industries MU2B Training Program, Part number YET 05301, Revision Original, dated July 27, 2006, or Revision 1, dated September 19, 2006, is considered to be compliant with this SFAR.

Demonstration of Proficiency

The FAA's safety evaluation and the FSB both recommended that [[Page 7037]]
standardized training conclude with a demonstration of proficiency. This demonstration was a part of the proposed training program and allows for simultaneous training and checking during requalification and recurrent training.

The AOPA believes that pilots should not be required to pass a formal checkride at the end of their training. Instructors should be allowed to evaluate or ``check'' a pilot's performance during the course of training.

The final phase check of the training program is different from a formal checkride. During a formal checkride, where the pilot has made application for a certificate or rating, the inability to
satisfactorily demonstrate proficiency will result in a failed checkride. During a final phase check required by the MU2B training program, if the pilot cannot satisfactorily demonstrate proficiency he or she has not failed a checkride. Those pilots that do not perform to an acceptable level of proficiency may need additional training in order to complete the training program. The requirement of a final phase check ensures that all pilots not only receive the training, but also have acquired the skills and proficiency necessary to safely operate the airplane. The final phase check is also different from a formal checkride because the training program allows for simultaneous training and checking during requalification or recurrent training. Students can be given credit for successfully completing maneuvers while receiving the training. However, simultaneous training and checking is not allowed by the training program during initial/ transition training.

Training Satisfying a Flight Review

The proposed rule did not specifically address the part 61 flight review in conjunction with the proposed training program. The final rule accommodates part 61 flight training, but only if the training is done in the MU2B airplane.

The AOPA commented that the recurrent training should satisfy the requirements for a flight review as described in 14 CFR 61.56. The FAA notes that Sec. 61.56(a) requires a flight review that includes at least 1 hour of flight time. The MU2B training program requires a minimum of 6 hours of flight training in the MU2B airplane for initial/transition training. Those pilots that opt to conduct requalification or recurrent training in the MU2B airplane instead of a flight training device are required to receive a minimum of 4 or 8 hours respectively of flight training in the MU2B airplane. Those pilots that attend initial/transition training, or conduct requalification or recurrent training in the airplane, easily satisfy the minimum amount of flight training required by Sec. 61.56(a). Additionally, the ground training requirements for initial, requalification, and recurrent training covers the subjects required in Sec. 61.56 (a)(1) and (a)(2). Therefore, the FAA agrees that successful completion of the flight and ground training requirements for initial/transition, requalification, or recurrent training meets the requirements of Sec. 61.56 provided that at least 1 hour of the flight training was conducted in the Mitsubishi MU2B airplane. Therefore, the FAA will recognize those persons that document successful completion of the applicable portions of the training program in the Mitsubishi MU2B airplane as having met the applicable requirements of Sec. 61.56. In this circumstance, no separate endorsement for the flight review will be required.

Grace Month for Training

The AOPA and two other commenters asked that we allow training conducted in the month before or after (a grace month) it is due to be considered as accomplished in the month it was due (the base month). The FAA agrees that completing training in the month before or after the month in which compliance is required can be considered as completed in the month it is due. However, this allowance does not re establish a pilot's base month. This practice is allowed in other training requirements, such as in part 135 training. The rule language has been adjusted to reflect this allowance. The FAA notes that the grace month only applies to the training required by this SFAR. Training Profiles

The FAA proposed incorporating by reference the training profiles in the proposed MU2B training program. These were developed by the manufacturer while working with the FSB. Commenters expressed concern with some of the profiles.

One commenter felt that the engine inoperative nonprecision and missed approach procedure, as published in the proposed training profiles, is dangerous. The commenter stated that requiring the pilot to extend the landing gear only when landing is assured invites training accidents, and if performed during actual instrument conditions, is contrary to the accepted instrument procedures of having the aircraft configured and stabilized inside of the final approach fix (FAF). The FAA recognizes that the profile as published, for a single engine nonprecision approach, deviates from common practices. However, during the FSB's evaluation, FAA test pilots flew a variety of makes and models of the MU2B. They flew the MU2B at various weights positioned throughout the airplane's centerofgravity (CG) envelope. This included the maximum allowable takeoff weight at the rearward limits of CG envelope. The drag penalty induced by configuring the airplane for landing at the FAF made it difficult to maintain a number of nonprecision approach profiles. Airspeed often deteriorated below a safe speed while trying to maintain the profile in the landing configuration. Maintaining adequate airspeed became especially difficult when a circletoland maneuver was required. As a result of these findings, the FAA modified the singleengine nonprecision approach procedures to delay deployment of the landing gear until landing is assured. This procedure has been included in the MU2B training program in the applicable MU2B model checklists.

The FAA notes that several elements of the training program have been revised since the training program was placed in the docket. The MU2B Training Program now provides the profile for TakeOff Engine Failure Flaps 5[deg] or Flaps 20[deg] and the profile for the One Engine Inoperative Nonprecision and Missed Approach. Corresponding changes were also made to the training program checklist to reflect the changes to the maneuver profiles. The FAA has determined that these changes are within the scope of the notice. There are no other substantive changes to the MU2B Training Program except as modified by the proposal in the SNPRM.

Simulator Training

A commenter suggested a onetime training requirement in a simulator for those failures that cannot be safely simulated in the airplane. This training would include engine failure at rotation and the inflight Negative Torque Sensor Check. The FAA considered this option but recognizes that there are no FAAapproved MU2B simulators in operation and only two FAAapproved, Level 5, flight training devices (FTD). Both of these devices are located at a single facility in Florida. The FAA determined that it would pose an economic hardship to make the entire MU2B community travel to Florida to train at this facility. Additionally, although the FAA embraces the use of simulators and FTD, not all training providers have them available, nor are [[Page 7038]]

they the only method for delivering effective training.

A commenter also posited that the annual recurrent training should include three takeoffs and landings in the actual MU2B airplane under the supervision of a qualified check airman or flight instructor. The FAA notes that safety can be enhanced by use of FTD during recurrent training. Therefore, the SFAR allows recurrent training to be conducted in an FTD or the MU2B airplane.

InHouse Training

Another commenter stated that part 135 companies should not be allowed to train inhouse but should require their pilots to attend professional training companies to satisfy the SFAR requirements. The commenter also stated that there is too much latitude when part 135 companies conduct the training. The FAA considered this option but we are not changing existing part 135 regulations and guidance that allow commercial operators to conduct inhouse training. Since there are no FAAapproved part 142 training centers for the MU2B airplane, requiring commercially provided training for part 135 operators is not possible. Commercial operators can contract with training facilities to provide some types of instruction if the curriculum is approved by their Principal Operations Inspector, but this is not a requirement. Monitoring Training Implementation and Training Quality

A commenter asked if the FAA will ensure that all MU2B owners and pilots are trained to at least the proposed levels. The commenter also asked where the FAA plans to get the personnel to do surveillance on the SFAR training. The FAA is confident that pilots will be trained to at least the proposed levels. The FAA determined that successful completion of the training program requires a demonstration of proficiency to carefully defined performance standards. The FAA's Commercial Pilot Practical Test Standards are used as a guide to determine the pilot's level of proficiency under the MU2B training program. Successful completion will be documented by a flight instructor meeting the experience requirements of the SFAR. A substantial amount of training has already been conducted using the FAAapproved MHI training program. Many pilots have voluntarily attended this training in anticipation of the issuance of the SFAR. The FAA has monitored this training and is satisfied with the quality and effectiveness of the program and its instructors. At the time of closure of the public comment period for the NPRM, approximately 6 percent of the MU2B pilot community had received the new training. The FAA also held a workshop to ensure a smooth implementation of the FSB report for commercial training providers and part 135 operators.

The FAA will continue to monitor the training and SFAR implementation and conduct surveillance as part of its annual work program for field inspectors. Additionally, FAA guidance material was updated to assist inspectors and operators.

A commenter asked how the increase in training will prepare pilots for a lossofcontrol of the airplane during an emergency. The FAA has determined that the mandatory training will provide the pilot with the knowledge and skill to fly the airplane safely within its designed operational limits under normal, abnormal, and emergency conditions, including operations with one engine inoperative. Many of the MU2B accidents involved loss of directional control or stalling the airplane due to poor airspeed management or excessive bank angles when maneuvering. The training program emphasizes proper airspeed management, lowspeed maneuvering, and the risks associated with excessive bank angles. The training also specifically addresses the lossofcontrol accidents that have occurred in the MU2B.
Additionally, pilots must annually demonstrate proficiency in the flight maneuvers to commercial pilot practical test standards. Therefore, the training program focuses on prevention of unsafe conditions while also providing instruction for recovery from them. Pilot Experience

The FAA proposed that a pilot must have logged 100 hours of PIC experience in multiengine airplanes in order to operate the MU2B airplane. That requirement is retained in the final rule.

One commenter questioned why the FAA would require a pilot to receive 100 hours experience in a multiengine airplane prior to being able to serve as PIC of the MU2B. This commenter believes that such an experience requirement would be confusing during the MU2B training. The FAA finds that a pilot needs to have a basic level of experience and understanding of multiengine airplanes prior to advancing to more complex airplanes. This threshold is consistent with experience requirements of SFAR 73, which describes additional operating experience requirements for the Robinson R22/44.

Credit for Previous Operating Experience

In the SNPRM the FAA proposed that a person have a minimum level of previous operating experience of 50 hours within the previous 24 months to be exempt from initial/transition training. Based on comments, the FAA has modified this experience requirement in the final rule to also exempt pilots from initial training pilots who have a total of 500 hours previous operating experience. Most of the commenters requested that the FAA consider prior operating experience in the MU2B. Some commenters noted that the proposed definitions in the SNPRM treat a pilot with significant, but not recent experience (i.e., last 24 months), the same as one with no experience. The AOPA and seven other commenters recommended that the FAA exempt experienced pilots from the initial training requirement if that pilot has at least 500 hours of documented MU2B PIC experience. Other commenters also requested an exemption from initial training based on experience, although they suggested different determining thresholds. Two commenters suggested a threshold of 250 hours, and one commenter suggested 1,000 hours. One commenter stated that forcing an otherwise qualified pilot to attend initial training on the basis of the last 24 months flying is unfair. The commenter recommended a further qualification be added that states: ``or has logged a total of 500 hours of PIC in the MU2.'' The commenter added that a pilot meeting this criteria should be able to requalify with the training specified in the requalification course.

The FAA agrees that pilots with significant previous experience should be exempt from participating in initial training. These pilots would instead be allowed to attend requalification training. The FAA also agrees that by allowing a form of the above proposed language, the original intent of the proposed rule is retained without penalizing those that have not flown the MU2B within the past 24 months. Therefore, pilots with at least 500 hours of documented flight time manipulating the controls while serving as PIC of an MU2B will not be required to attend initial/transition training, but will be required to satisfactorily complete requalification training.

Operating Experience in the Previous 24 Months

In the SNPRM, the FAA proposed that pilots with less than 50 hours of operating experience within the
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previous 24 months would be required to attend initial training even if that pilot had already successfully completed initial training in the past. We have modified the final rule to make completion of initial training a onetime requirement.

The NATA commented that the association is in agreement with the FAA that pilots with little or no recent experience in the MU2B should be required to train in the aircraft in order to obtain sufficient proficiency and experience. The association was not opposed to the FAA's proposed requirement for at least 50 hours of operating experience within the previous 24 months in order to bypass initial training. The NATA stated that with the existing part 135 currency and training requirements, and the level of ondemand charter activity, the 50hour limit should not be cumbersome or add costly training to the typical part 135 operator. The NATA was sensitive to the fact that some part 91 operators do not support this requirement, and stated that they have no specific position on this requirement as it would apply to that industry segment. The NATA also stated that they appreciate the FAA's efforts to respond to MU2B concerns with a rational, methodic, and participatory approach.

One commenter asked that we clarify that the 50 hours in the previous 24 months is not a continuing qualification limitation, but is intended to determine the pilot's level of entry into this new program. Another commenter stated the 50hour requirement in the original NPRM was only intended for new entrants into the training program.

The FAA notes the SNPRM did propose a continuing lookback requirement of 50 hours within the preceding 24 months. Many commenters did not support this requirement, finding it unnecessary and burdensome. The FAA agrees with the comments that a continuing look back requirement is not needed. The FAA has reviewed the FAAapproved training program and determined that the NPRM did not include such a provision. Furthermore, the FAA notes that after completing initial or requalification training, a pilot must still satisfactorily complete recurrent training annually, which includes an annual demonstration of proficiency. Therefore, the FAA has concluded that a continuing look back requirement is not necessary.

In response to the comments and further FAA review, the FAA has revised the MU2B training program and the rule language to include the following operating experience thresholds for determining pilot qualification for the various training options:

A person is required to complete ``Initial/transition training'' if that person has fewer than:
(i) 50 hours of documented flight time manipulating the controls while serving as pilotincommand of an MU2B in the preceding 24 months; or
(ii) 500 hours of documented flight time manipulating the controls while serving as pilotincommand of an MU2B.

A person is eligible to receive Requalification training in lieu of initial/transition training if that person has at least:
(i) 50 hours of documented flight time manipulating the controls while serving as pilotincommand of an MU2B in the preceding 24 months; or
(ii) 500 hours of documented flight time manipulating the controls while serving as pilotincommand of an MU2B.

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.

Successful completion of initial/transition training or requalification training is a onetime requirement. A person may elect to retake initial/transition training or requalification training in lieu of recurrent training and receive credit for recurrent training for that year.

These definitions have been included in the Compliance and Eligibility section of the SFAR.

Type Rating vs. SFAR

In the NPRM, the FAA discussed why it determined that an SFAR is more appropriate for the safe operation of the MU2B than a type rating alone. This decision was based on the recommendations of the safety evaluation and the FSB.

Bankair, Inc. did not agree that it is necessary to mandate training that goes beyond the requirements of a type rating for this airplane. Another commenter said the FAA has failed to adequately consider a type rating for the aircraft or to adequately justify having an entirely special and new pilot competency program.

The MU2B safety evaluation and the FSB found that a portfolio of corrective actions are required that go well beyond the reach of a type rating or pilot training alone are needed to significantly reduce the accident rate of the MU2B. The SFAR allows the FAA to mandate actions that are far more stringent and broader in scope than what would be achieved through a type rating alone.

The FAA has determined that there is a need for annual recurrent training and an annual demonstration of proficiency. A type rating would not require recurrent training or additional checks because the aircraft is not required to be operated by a twopilot crew as part of its certification basis. However, the FAA notes that some part 135 operations do require a twopilot crew. An SFAR can mandate the conditions under which the aircraft may be operated, such as, in compliance with the new manufacturer's data (including new checklists or use of an autopilot), or other operational requirements determined necessary by the FSB. None of these requirements would be addressed by the issuance of a type rating. An SFAR can also impose higher experience requirements for those instructing or administering tests in the MU2B than is presently required by existing regulations. Therefore, this SFAR provides a higher level of safety than would be achieved by issuance of a type rating alone.

Training Monopoly

A commenter stated that it does not make sense that he should forego all other flight training except at a flight school A commenter also suggested the FAA was supporting a commercial training monopoly. The FAA does not agree. This standardized training can be provided by any instructor or commercial training organization that meets the experience requirements for instructors as described within this SFAR. This rule does not require that all SFAR compliant training be conducted at a commercial training center or flight school. Availability of Training Program

One commenter expressed concern about access and availability of the training program. Another commenter requested that the FAA reopen the comment period, claiming that Mitsubishi will not release the training program to the public and the public cannot comment on the proposal without evaluating it. This commenter requested that the FAA have Mitsubishi publish all of their information and then reopen the comment process. A commenter also noted the manufacturer requires a Memorandum of Understanding (MOU) to be signed by the recipient before being provided a
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copy of the training program. This commenter felt that he should not be required to sign the MOU.

The FAA posted a copy of the MHI training program to Rules Docket FAA200624981 prior to the NPRM comment period opening. This training program remains in the Rules Docket and may be downloaded by interested parties. As previously noted, the FAA has decided to place the requirements of the MU2B Training Program in Appendices A through D to the SFAR. The SFAR will be published in the Code of Federal Regulations making the MU2B Training Program publicly available. The FAA has determined that the public has reasonable access to the training program.

Procedures Not Covered by the Training Program

One commenter noted that a pilot cannot operate the MU2B contrary to the training program and wondered about other procedures not in the training program such as IFR holds, GPS approaches and DME arcs. With this SFAR, the FAA does not intend to change operational procedures that are not contained in the MU2B training program. The FAA notes that such procedures are already covered by existing FAA regulations and guidance.

Revisions to the Training Program

Although no comments were received about the proposed rule provisions related to future training program revisions, the FAA notes that absent future rulemaking that makes a later revision of the training program exclusive and mandatory, operators must use the MU2B Training Program contained in the SFAR The FAA has added a new section 8 to the SFAR to give credit for use of certain prior versions of the MHI training program for a specific time period. Section 8 states that ``Initial/transition or requalification training conducted between July 27, 2006, and the effective date of this rule, using Mitsubishi Heavy Industries MU2B Training Program, Part number YET 05301, Revision Original, dated July 27, 2006, or Revision 1, dated September 19, 2006, is considered to be compliant with this SFAR, if the student met the eligibility requirements for the applicable category of training and the student's instructor met the experience requirements of this SFAR.'' This addition was made to allow those pilots who have already completed the MHI training program during the rulemaking process to receive credit for initial/transition training.

Requirements for Flight Instructors

The FAA proposed a variety of experience requirements for flight instructors who conduct training in the MU2B airplane, depending on whether the instruction is in the airplane, in a simulator, or in an FTD.

One commenter stated that the SFAR adequately addresses the need for flight instructors to be trained and current in the MU2B airplane. One training provider suggested that the experience requirements for pilot examiners and check airmen be increased from 100 hours to 300 hours. Another commenter felt that the experience requirements for instructors, pilot examiners, and check airmen should be increased to 500 hours. The FAA notes that existing regulations allow instruction and checking in the MU2B to be conducted with as little as 5 hours PIC time in make and model. The requirement that this be increased to 300 hours for instructors and 100 hours for examiners is a substantial increase over what is now required. The experience requirements in this SFAR are also consistent with thresholds established by other prior rulemaking for certain aircraft, such as SFAR 73 for the Robinson R22/ R44 helicopter (62 FR 16298), and the recommendations of the FSB Report.

Another commenter stated that the 50 hours of operating experience within the previous 12 months for instructors, whether in the airplane or simulator, is not enough experience for someone who provides training in the MU2B. The FAA notes that existing regulations allow flight instruction in the MU2B to be conducted with as little as 5 hours PIC time in make and model. The increase to 50 hours within the previous 12 months significantly increases the experience requirements for MU2B instructors. Furthermore, this 50hour requirement is just one of many experience requirements for MU2B instructors. Other experience requirements for an instructor such as the currency requirement of Sec. 61.57, the flight review of Sec. 61.56, the 2,000 hours of PIC time, and 800 hours PIC in multiengine airplanes, combine to set a high experience level for MU2B instructors. The specific purpose of the 50hour requirement is to ensure that instructors have recent experience in the MU2B airplane, training device, or simulator. The 50 hours must be obtained within the past 12 months.

A commenter also found that the 100 hours of PIC time required for a designated pilot examiner was too little time. The FAA notes this is only part of the total requirement. That examiner is also required to have the training required by this SFAR and to maintain currency in the MU2B. The 100 hours is based on the FSB recommendations, other aircraft training requirements, a previous SFAR, and the FAA's experience in checking and evaluation.

A commenter noted that under part 135, a flight instructor does not have to hold a valid and current certificated flight instructor certificate (CFI). The commenter commented that, for part 135 operations, a flight instructor should hold a valid CFI certificate with multiengine and instrument ratings for at least 2 years. In addition, the check airman or CFI should have 300 hours as PIC acquired while the sole manipulator of the controls as described in 14 CFR 61.51(e)(1)(i).

The FAA does not intend to change the general qualification requirements for part 135 flight instructors, but rather to establish minimum experience requirements for all instructors who provide training in an MU2B. Additionally, requiring 300 hours as PIC as sole manipulator of the controls or requiring that instructors for part 135 operations hold a certificated flight instructor certificate would be beyond the scope of the FAA's proposal.

A commenter stated it will be difficult for an instructor to have 50 hours of PIC MU2B time annually, that 50 hours is not useful if it is only flown in ``straight and level'' flight, and that proficiency is what is useful for a flight instructor. The FAA has determined that the recency of experience and the amount of flight time in the airplane are important qualifications for a flight instructor who provides instruction in the MU2B. This level of experience was also recommended by the FSB Report.

The NATA commented that the total flight time and PIC flight time requirements for instructors are burdensome and could significantly limit the number of instructors qualified to provide training to MU2B pilots. Additionally, the proposed rule would require designated pilot examiners to have an excessive amount of aeronautical experience in the MU2B but would not require the same of FAA inspectors.

The FAA has determined that although the rule will increase the experience requirements for MU2B instructors, the rule will not significantly reduce the number of instructors that are presently teaching in the MU2B. In order to maximize the number of instructors available to provide training in the airplane, the FAA revised section 5 to allow the Flight Instructor Airplane experience requirements to be met using a
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combination of PIC time and experience acquired while providing instruction in a FAAapproved MU2B flight training device or simulator. The FAA has also extended the compliance period by 6 months to allow a more orderly implementation of this rule. The training and checking requirements for FAA inspectors are the same as for the public when the inspector is acting as the PIC, administering check rides, or otherwise manipulating the controls.

One commenter stated that safety would be diminished because local instructors would no longer be allowed to conduct an Instrument Competency Check (ICC) for the MU2B. This SFAR does not require that instrument currency be maintained exclusively in the MU2B. Also, the SFAR does not prohibit local instructors from giving an ICC. The only requirement is that the instructor meets the qualifications of the SFAR in order to give instruction in an MU2B.

One operator commented that part 135 pilots, in commercial operations, do not carry logbooks or present logbooks during training. The logbook requirement is only applicable to part 91 operators. The commenter also stated a part 135 operator keeps records in compliance with 14 CFR 135.63(c) to include the completion date and result of every phase of training and checking for 5 years after the pilot's employment ends. Logbook endorsements are generally used as provided in part 61 at the student and private pilot level. The commenter requested that the references to pilot logbooks should be changed to ``logbook or other permanent pilot record.''

The FAA notes that Sec. 135.63(c) addresses the recordkeeping requirement for multiengine load manifest and does not address documentation of pilot training. Section 135.63(a)(vi) addresses recordkeeping requirements for initial and recurrent competency tests, proficiency, and route checks required by Sec. Sec. 135.293, 135.297, and 135.299. Section 135.63(a)(vii) addresses recordkeeping requirements for determining compliance with flight time limitations found within part 135. However, none of the above referenced rules address the documentation requirements of part 61. Additionally, 14 CFR 61.51 requires that all pilots, regardless of which regulations of 14 CFR under which they operate, keep a logbook and within it, document and record training and experience used to meet the requirements for a certificate, rating, flight review, aeronautical experience, or recent flight experience. This SFAR does not change the applicability or requirements of the existing Sec. 61.51 rule. The requirements of this SFAR are not limited to part 135 operations. Pilots that operate the MU2B will need to be able to demonstrate compliance with this SFAR whether or not they are employed by a part 135 operator. This documentation is best accomplished through a logbook endorsement, which is consistent with existing regulations.

A commenter stated that the proposed SFAR requires endorsement of the pilot logbook by a ``certificated flight instructor.'' The commenter posited that this text should be changed to ``instructor'' or ``flight instructor'' since part 135 does not require the use of a CFI. The FAA notes that the eligibility, requirements, and privileges of a flight instructor are described in detail by existing rules under 14 CFR parts 61 and 135. The FAA also acknowledges these requirements may be different for training conducted under part 61 as compared to part 135. Part 135 operators can use a CFI but can also use an instructor authorized by the FAA in lieu of a CFI. The FAA has changed this language accordingly.

Autopilot Requirement

The FAA proposed that no one could operate the MU2B airplane under IFR, IFR conditions (i.e., instrument meteorological conditions (IMC)), or night VFR unless that airplane has a functional autopilot. That requirement is retained in the final rule. However, the FAA has described the requirement in a simplified form. The final rule does not require a functional autopilot for day VFR or when operating under IFR in daytime VMC conditions when maintenance of an inoperable autopilot has been deferred using an approved minimum equipment list (MEL).

Most persons commenting on the autopilot requirement did not see the need for this requirement. Some persons commented that the autopilot is unnecessary and rarely used; one cited that no other airplane is restricted when the autopilot is nonfunctioning. Experienced pilots commented that they prefer to ``hand fly'' the airplane. Another commented that, if the autopilot is mandated, a pilot may become dependent on it.

Several of the MU2B accidents involved single pilot nighttime VFR and IFR operations in highdensity terminal areas with high pilot workloads. The flight training profiles flown by FSB members during the safety evaluation included a human factors workload evaluation. One airplane was equipped with several cameras that allowed postflight evaluation of the pilot's workload. The FSB pilots completed numerous questionnaires developed by human factors specialists to measure task saturation. Questionnaires and flight video reviews were completed during postflight interviews with a human factors specialist. Using techniques developed by the National Aeronautics and Space Administration, testing showed a significant reduction in single pilot workload and stress and improved performance when an autopilot was used in actual flight conditions. The FAA recognizes that in some conditions use of the autopilot may be inappropriate or even prohibited, such as during flights into icing conditions. The FAA also recognizes some pilots routinely handfly the airplane. The SFAR does not mandate the use of the autopilot during any particular phase of flight. That decision remains solely with the PIC. The SFAR does require that a functioning autopilot be installed for certain types of operations (IFR, IFR conditions, and night VFR). This requirement provides the pilot with access to a significant safety enhancing tool if he or she should need it to reduce pilot work load, during normal, abnormal, and emergency conditions.

The AOPA requested that the FAA eliminate the requirement to have a functioning autopilot for night VFR and for IFR in visual
meteorological conditions (VMC) and allow an instrument and multiengine rated pilot to act as the safety pilot for an MU2B PIC flying in IMC. Flightline/AmeriCheck, Inc., also requested that operators be allowed to conduct operations with two pilots, either two PICs or one PIC and one SIC in lieu of a functioning autopilot. Instead of grounding the airplane when the autopilot is not functioning, one commenter suggested the flight be limited to two qualified pilots; one of which meets the part 135 training and checking requirements as a SIC. In addition, one person commented that safety would be enhanced by a person in the right seat who could assist the PIC with minor duties even though he or she may not be MU2B qualified.

The MU2B safety evaluation and the FSB recommended that all operators of the MU2B attend standardized pilot training. Therefore, the FAA has determined that a second pilot must meet the training requirements of this SFAR in order to provide the equivalent level of safety of a functional autopilot. Operators can conduct IFR and night VFR operations without a functioning autopilot when using a properly trained secondincommand meeting the applicable requirements of this SFAR.

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We also received comments that requested relief from the autopilot through the use of a minimum equipment list (MEL). The NBAA commented they have long held that two qualified and trained pilots are one of the best safety investments in an aircraft and thus support the autopilot requirement. But, the NBAA also stated that FAA should consider allowing the use of an MEL for a nonfunctioning autopilot. Flightline/AmeriCheck, Inc. requested that they be allowed to maintain their authorization to defer repair of an inoperative autopilot by using their existing FAAapproved MEL.

The FAA notes that experience has shown the normal operation of every system or installed component may not be necessary when the remaining operative equipment or other mitigating conditions can provide an acceptable level of safety. The FAA also acknowledged that operations with inoperative equipment are possible while maintaining an acceptable level of safety by requiring appropriate conditions and limitations.

Therefore, the FAA will allow, when provided by existing rules, single pilot IFR in VMC conditions under the SFAR with the autopilot inoperative under certain conditions. The deferred maintenance and repair of the autopilot must be completed in accordance with the repair category and provisions specified in the operator's FAAapproved Mitsubishi MU2B MEL, and the operator must obtain FAA approval to use a MEL for his or her airplane. This relief does not supersede any existing crew requirements for an SIC, including but not limited to operations described in 14 CFR 135.99, 135.105, and 135.111. This relief will allow operators time to locate parts and facilities for repairs, ferry aircraft to repair stations, and complete trips. Under certain conditions, the aircraft with an approved MEL will not be immediately grounded due to an inoperative autopilot, and operators will have a reasonable period of time to make repairs. The FAA has changed the rule language to specifically allow for the use of an MEL under the SFAR.

One person stated that if IFR flight is not an option due to a non functioning autopilot, the pilot may push the limits of VFR rules to an unsafe situation. Another person noted that on long trips, one leg of the flight may be delayed if the airplane without a functioning autopilot must wait for good weather to avoid flying in IFR conditions. The FAA does not agree with the comments that pilots will fly in marginal VFR weather (scud run), or delay their trips when their autopilots are inoperative. Deferred maintenance and repair of the autopilot using an approved MEL will provide an alternative to choosing to fly in marginal VFR weather.

Additional commenters noted that parts for installed autopilots are difficult to obtain. The FAA recognizes that parts for the autopilots are becoming increasingly scarce and support for the existing autopilots may someday end. However, to date, the FAA is unable to identify autopilots that cannot be repaired. Additionally, the FAA notes new autopilots are under development for the MU2B.

One commenter suggested that requiring a functioning autopilot modifies the airplane type certification basis. Another commenter stated that to require an autopilot defies the certification basis for the MU2B because the airplane was type certificated for single pilot operations.

The FAA notes that the autopilot requirement is an operational requirement and not a certification requirement. Furthermore, in most of today's modern cockpits, aircraft that are permitted to be operated with a single pilot are required to have a functional autopilot installed. Requiring an autopilot does not change or modify the airplane's original type certification basis.

Some commenters asked which aspects of the autopilot must be functional or, if one facet is not functioning, how the airplane could be flown to a repair facility. A commenter said grounding the airplane due to a nonfunctioning autopilot is excessive. The FAA disagrees. A functional autopilot is one in which the system and components are operative and working properly to accomplish the intended purpose. That autopilot is consistently functioning within its approved operating limits and design tolerances. Operators have many ways to verify that their autopilot is functioning properly including conducting the preflight check as described by the manufacturer. Operators can find this information in the Supplemental AFM.

Another pilot recommended additional specific instruction in autopilot inoperative strategies during recurrent training.

The MU2B training program provides instruction for operation of the airplane with and without the autopilot operational. The training program requires the pilot to demonstrate proficiency while handflying the airplane.

Airplane Flight Manual

The FAA proposed that operators of the MU2B airplane have on board the most recent revision to the AFM. One commenter noted that an out ofdate AFM is a common problem for many MU2B airplanes, and was confident that the SFAR solves this problem. The SFAR requires the operator to have the appropriate AFM on board the airplane and accessible during the flight.

The FAA notes there may be differences between checklist, procedures, and techniques found in the MU2B training program required by this SFAR and procedures found in the AFM procedures sections (Normal, Abnormal, and Emergency). Until the AFM is updated, a person operating the MU2B must operate the airplane in accordance with the required pilot training specified in section 3, paragraphs (a), (b), and (g) and the operating requirements of section 7, paragraphs (d) and (e). If the AFMs are updated, the FAA may initiate additional rulemaking. At that time the FAA may mandate that the operators obtain and use the latest version of the AFM. The chart below shows the current versions of the AFMs as of the date of publication of the SNPRM.
MHI Document Number and Revision Level for MU2B Series AirplaneAirplane Flight Manual Applicable AFM revision level Model Marketing designation Type certificate Document No. Revision No. Date issued MU2B60........................ Marquis................ A10SW.................. MR02731.............. 14 July 11, 2005. MU2B40........................ Solitaire.............. A10SW.................. MR02711.............. 12 July 11, 2005. MU2B36A....................... N...................... A10SW.................. MR01961.............. 14 July 11, 2005. MU2B36........................ L...................... A2PC................... YET 74122A............. 12 August 9, 2004. MU2B35........................ J...................... A2PC................... YET 70186A............. 13 August 9, 2004. MU2B30........................ G...................... A2PC................... YET 69013A............. 13 August 9, 2004. [[Page 7043]]
MU2B26A....................... P...................... A10SW.................. MR01941.............. 12 July 11, 2005. MU2B26........................ M...................... A2PC................... YET 74129A............. 12 August 9, 2004. MU2B26........................ M...................... A10SW.................. MR01601.............. 10 July 11, 2005. MU2B25........................ K...................... A10SW.................. MR01561.............. 10 July 11, 2005. MU2B25........................ K...................... A2PC................... YET 71367A............. 12 August 9, 2004. MU2B20........................ F...................... A2PC................... YET 68034A............. 12 August 9, 2004. MU2B10........................ D...................... A2PC................... YET 86400.............. 12 August 9, 2004. MU2B........................... B...................... A2PC................... YET 67026A............. 12 August 9, 2004. Checklist

The FAA proposed and the final rule requires that all operators of the MU2B have a copy of an MU2B checklist appropriate for the MU2B model being operated on board the airplane, a

FOR FURTHER INFORMATION CONTACT Ron Baker, General Aviation and Commercial Division, Commercial Operations Branch, AFS800, Federal Aviation Administration, Room 835, 800 Independence Avenue, SW., Washington, DC 20591; telephone (202) 2678212; facsimile (202) 267 5094.