82_FR_21559 82 FR 21471 - MU-2B Series Airplane Training Requirements Update; Correction

82 FR 21471 - MU-2B Series Airplane Training Requirements Update; Correction

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 82, Issue 88 (May 9, 2017)

Page Range21471-21472
FR Document2017-09316

The FAA is correcting a final rule published on September 7, 2016. In that rule, the FAA amended its regulations to relocate and update 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. This document corrects two errors in the codified text of the final rule.

Federal Register, Volume 82 Issue 88 (Tuesday, May 9, 2017)
[Federal Register Volume 82, Number 88 (Tuesday, May 9, 2017)]
[Rules and Regulations]
[Pages 21471-21472]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09316]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

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


MU-2B Series Airplane Training Requirements Update; Correction

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; correcting amendment.

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

SUMMARY: The FAA is correcting a final rule published on September 7, 
2016. In that rule, the FAA amended its regulations to relocate and 
update 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. This document corrects 
two errors in the codified text of the final rule.

DATES: Effective May 9, 2017.

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: 

Background

    On September 7, 2016, the FAA published a final rule entitled, 
``MU-2B Series Airplane Training Requirements Update'' (81 FR 61583). 
In that final rule, the FAA amended its regulations to relocate and 
update the content of SFAR No. 108 to the newly created subpart N of 
part 91 in order to improve the safety of operating the MHI MU-2B 
series airplane. The FAA relocated 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 also corrected and 
updated several inaccurate maneuver profiles to reflect

[[Page 21472]]

current FAA training philosophy and added new FAA procedures not 
previously part of the MU-2B training under SFAR No. 108. The final 
rule required all MU-2B training programs to meet the requirements of 
subpart N of part 91 and to be approved by the FAA to ensure safety is 
maintained.
    After the final rule was published, the FAA discovered an error in 
the regulatory text of the rule. The FAA was also notified that the 
publisher of the MHI MU-2B Checklists, which were incorporated by 
reference in the final rule, changed on March 31, 2017. Because the 
publisher's contact information is codified in Sec.  91.1721(b), the 
regulatory text of paragraph (b) was incorrect as of March 31, 2017. 
These errors, and the corresponding corrections, are as follows:

Corrections

1. Takeoff and Landing Currency Requirements in Sec.  91.1715(a)

    Section 91.1715(a) currently reads, in part, ``takeoff landing 
currency requirements.'' The FAA is adding the word ``and'' to correct 
an inadvertent omission in the regulation.

2. Publisher's Contact Information in Sec.  91.1721(b)

    The MHI MU-2B Cockpit Checklists are incorporated by reference in 
Sec.  91.1721. Section 91.1721(b) contains the contact information of 
the company who publishes these checklists. When the final rule was 
published, Turbine Aircraft Services, Inc. (TAS) was contracted by 
Mitsubishi Heavy Industries America, Inc. (MHIA) to print and 
distribute the MU-2B Cockpit Checklists. Therefore, Sec.  91.1721(b) 
currently contains TAS's contact information. The FAA was notified, 
however, that beginning on March 31, 2017, MHIA will be responsible for 
printing and distributing the MU-2B Cockpit Checklists. This correction 
document updates the contact information in Sec.  91.1721(b) to reflect 
the new publisher.
    Because these amendments are technical in nature and result in no 
substantive changes, the FAA finds that the notice and public 
procedures under 5 U.S.C. 553(b) are unnecessary. For the same reason, 
the FAA finds good cause exists under 5 U.S.C. 553(d)(3) to make the 
amendments effective in less than 30 days.

List of Subjects in 14 CFR Part 91

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

The Amendment

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

PART 91--GENERAL OPERATING AND FLIGHT RULES

0
1. 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
2. Revise paragraph (a) of Sec.  91.1715 to read as follows:


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 and landing currency requirements for the Mitsubishi 
MU-2B series plane. 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.
* * * * *


0
3. In Sec.  91.1721, revise the introductory text of paragraph (b) to 
read as follows:


Sec.  91.1721  Incorporation by reference.

* * * * *
    (b) Mitsubishi Heavy Industries America, Inc., 4951 Airport 
Parkway, Suite 530, Addison, TX 75001.
* * * * *

    Issued under authority provided by (consult AGC) 49 U.S.C. 
106(f), 44701(a), and 44703 in Washington, DC, on May 2, 2017.
Lirio Liu,
Director, Office of Rulemaking.
[FR Doc. 2017-09316 Filed 5-8-17; 8:45 am]
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                                                                  Federal Register / Vol. 82, No. 88 / Tuesday, May 9, 2017 / Rules and Regulations                                                21471

                                             under the criteria of the Regulatory                    by the Manager, International Branch, ANM–              Issued in Renton, Washington, on May 1,
                                             Flexibility Act.                                        116, Transport Airplane Directorate, FAA; or          2017.
                                                                                                     the European Aviation Safety Agency                   Michael Kaszycki,
                                             List of Subjects in 14 CFR Part 39                      (EASA); or Dassault Aviation’s EASA Design
                                                                                                     Organization Approval (DOA). If approved by           Acting Manager, Transport Airplane
                                               Air transportation, Aircraft, Aviation                                                                      Directorate, Aircraft Certification Service.
                                             safety, Incorporation by reference,                     the DOA, the approval must include the
                                                                                                     DOA-authorized signature. Repeat the                  [FR Doc. 2017–09323 Filed 5–8–17; 8:45 am]
                                             Safety.
                                                                                                     inspection thereafter at intervals not to             BILLING CODE 4910–13–P
                                             Adoption of the Amendment                               exceed 5,000 flight cycles.
                                               Accordingly, under the authority                      (h) Repair                                            DEPARTMENT OF TRANSPORTATION
                                             delegated to me by the Administrator,                     If any discrepancy is found during any
                                             the FAA amends 14 CFR part 39 as                        inspection required by paragraph (g) of this          Federal Aviation Administration
                                             follows:                                                AD: Before further flight, repair using a
                                                                                                     method approved by the Manager,                       14 CFR Part 91
                                             PART 39—AIRWORTHINESS                                   International Branch, ANM–116, Transport
                                             DIRECTIVES                                              Airplane Directorate, FAA; or the EASA; or            [Docket No. FAA–2006–24981; Amdt. Nos.
                                                                                                     Dassault Aviation’s EASA DOA. If approved             61–138A, 91–344A, and 135–134A]
                                             ■ 1. The authority citation for part 39                 by the DOA, the approval must include the             RIN 2120–AK63
                                             continues to read as follows:                           DOA-authorized signature. Repair of an
                                                 Authority: 49 U.S.C. 106(g), 40113, 44701.          airplane as required by this paragraph does           MU–2B Series Airplane Training
                                                                                                     not constitute terminating action for the             Requirements Update; Correction
                                             § 39.13   [Amended]                                     repetitive actions required by paragraph (g) of
                                             ■ 2. The FAA amends § 39.13 by adding                   this AD, unless specified otherwise in the            AGENCY:  Federal Aviation
                                             the following new airworthiness                         repair instructions.                                  Administration (FAA), DOT.
                                             directive (AD):                                         (i) Other FAA AD Provisions                           ACTION: Final rule; correcting
                                                                                                                                                           amendment.
                                             2017–10–01 Dassault Aviation:                              The following provisions also apply to this
                                                 Amendment 39–18875; Docket No.                      AD:                                                   SUMMARY:    The FAA is correcting a final
                                                 FAA–2016–9303; Directorate Identifier                  (1) Alternative Methods of Compliance              rule published on September 7, 2016. In
                                                 2016–NM–093–AD.                                     (AMOCs): The Manager, International                   that rule, the FAA amended its
                                             (a) Effective Date                                      Branch, ANM–116, Transport Airplane
                                                                                                                                                           regulations to relocate and update the
                                                                                                     Directorate, FAA, has the authority to
                                               This AD is effective June 13, 2017.                                                                         content of SFAR No. 108 to the newly
                                                                                                     approve AMOCs for this AD, if requested
                                                                                                     using the procedures found in 14 CFR 39.19.           created subpart N of part 91 in order to
                                             (b) Affected ADs
                                                                                                     In accordance with 14 CFR 39.19, send your            improve the safety of operating the
                                               None.                                                                                                       Mitsubishi Heavy Industries (MHI) MU–
                                                                                                     request to your principal inspector or local
                                             (c) Applicability                                       Flight Standards District Office, as                  2B series airplane. This document
                                                This AD applies to the Dassault Aviation             appropriate. If sending information directly          corrects two errors in the codified text
                                             airplanes specified in paragraphs (c)(1) and            to the International Branch, send it to ATTN:         of the final rule.
                                             (c)(2) of this AD, certificated in any category,        Tom Rodriguez, Aerospace Engineer,                    DATES: Effective May 9, 2017.
                                             all manufacturer serial numbers.                        International Branch, ANM–116, Transport
                                                                                                                                                           FOR FURTHER INFORMATION CONTACT: For
                                                (1) Model FAN JET FALCON and FAN JET                 Airplane Directorate, FAA, 1601 Lind
                                                                                                                                                           technical questions concerning this
                                             FALCON SERIES C, D, E, F, and G airplanes.              Avenue SW., Renton, WA 98057–3356;
                                                (2) Model MYSTERE–FALCON 20–C5, 20–                  telephone: 425–227–1137; fax: 425–227–                action, contact Joseph Hemler,
                                             D5, 20–E5, and 20–F5 airplanes.                         1149. Information may be emailed to: 9-               Commercial Operations Branch, Flight
                                                                                                     ANM-116-AMOC-REQUESTS@faa.gov.                        Standards Service, AFS–820, Federal
                                             (d) Subject                                                                                                   Aviation Administration, 55 M Street
                                                                                                     Before using any approved AMOC, notify
                                               Air Transport Association (ATA) of                    your appropriate principal inspector, or              SE., 8th floor, Washington, DC 20003–
                                             America Code 53, Fuselage.                              lacking a principal inspector, the manager of         3522; telephone (202) 267–1100; email
                                             (e) Reason                                              the local flight standards district office/           joseph.k.hemler-jr@faa.gov.
                                                                                                     certificate holding district office.                  SUPPLEMENTARY INFORMATION:
                                                This AD was prompted by a determination
                                                                                                        (2) Contacting the Manufacturer: For any
                                             that inspections for discrepancies of the                                                                     Background
                                                                                                     requirement in this AD to obtain corrective
                                             fuselage bulkhead at frame (FR) 33 are
                                                                                                     actions from a manufacturer, the action must             On September 7, 2016, the FAA
                                             necessary. We are issuing this AD to detect
                                             and correct discrepancies of the fuselage               be accomplished using a method approved               published a final rule entitled, ‘‘MU–2B
                                             bulkhead; such discrepancies could result in            by the Manager, International Branch, ANM–
                                                                                                                                                           Series Airplane Training Requirements
                                             the deterioration and subsequent failure of             116, Transport Airplane Directorate, FAA; or
                                                                                                     the EASA; or Dassault Aviation’s EASA
                                                                                                                                                           Update’’ (81 FR 61583). In that final
                                             the bulkhead, which could result in rapid                                                                     rule, the FAA amended its regulations
                                             decompression of the airplane and                       DOA. If approved by the DOA, the approval
                                                                                                     must include the DOA-authorized signature.            to relocate and update the content of
                                             consequent injury to occupants.
                                                                                                                                                           SFAR No. 108 to the newly created
                                             (f) Compliance                                          (j) Related Information                               subpart N of part 91 in order to improve
                                                Comply with this AD within the                         Refer to Mandatory Continuing                       the safety of operating the MHI MU–2B
                                             compliance times specified, unless already              Airworthiness Information (MCAI) EASA                 series airplane. The FAA relocated the
                                             done.                                                   Airworthiness Directive 2016–0096, dated              training program from the SFAR No. 108
                                                                                                     May 19, 2016, for related information. This           appendices to advisory material in order
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                                             (g) Repetitive Inspections                              MCAI may be found in the AD docket on the             to allow the FAA to update policy while
                                                Before exceeding 5,000 total flight cycles           Internet at http://www.regulations.gov by
                                             since first flight of the airplane, or within 500
                                                                                                                                                           ensuring significant training
                                                                                                     searching for and locating Docket No. FAA–
                                             flight cycles after the effective date of this          2016–9303.                                            adjustments still go through notice-and-
                                             AD, whichever occurs later: Do a detailed                                                                     comment rulemaking. The FAA also
                                             inspection for discrepancies of the fuselage            (k) Material Incorporated by Reference                corrected and updated several
                                             bulkhead at FR 33 using a method approved                 None.                                               inaccurate maneuver profiles to reflect


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                                             21472                Federal Register / Vol. 82, No. 88 / Tuesday, May 9, 2017 / Rules and Regulations

                                             current FAA training philosophy and                     The Amendment                                               Final rule; technical
                                                                                                                                                           ACTION:
                                             added new FAA procedures not                              In consideration of the foregoing, the              amendments.
                                             previously part of the MU–2B training                   Federal Aviation Administration
                                             under SFAR No. 108. The final rule                                                                            SUMMARY:    The Securities and Exchange
                                                                                                     corrects chapter I of title 14, Code of               Commission (the ‘‘Commission’’ or
                                             required all MU–2B training programs                    Federal Regulations as follows:
                                             to meet the requirements of subpart N                                                                         ‘‘SEC’’) is making technical
                                             of part 91 and to be approved by the                                                                          amendments to Form ADV under the
                                                                                                     PART 91—GENERAL OPERATING AND                         Investment Advisers Act of 1940
                                             FAA to ensure safety is maintained.                     FLIGHT RULES
                                               After the final rule was published, the                                                                     (‘‘Advisers Act’’) to reflect the
                                             FAA discovered an error in the                          ■ 1. The authority citation for part 91               enactment of a Wyoming state law
                                             regulatory text of the rule. The FAA was                continues to read as follows:                         regulating investment advisers. Form
                                             also notified that the publisher of the                                                                       ADV is the form advisers use to register
                                                                                                       Authority: 49 U.S.C. 106(f), 106(g), 1155,          with the Commission and the state
                                             MHI MU–2B Checklists, which were                        40101, 40103, 40105, 40113, 40120, 44101,
                                             incorporated by reference in the final                                                                        securities regulatory authorities. The
                                                                                                     44111, 44701, 44704, 44709, 44711, 44712,
                                             rule, changed on March 31, 2017.                        44715, 44716, 44717, 44722, 46306, 46315,
                                                                                                                                                           Commission is also making similar
                                             Because the publisher’s contact                         46316, 46504, 46506–46507, 47122, 47508,              amendments to Form ADV–W, the form
                                             information is codified in § 91.1721(b),                47528–47531, 47534, articles 12 and 29 of the         advisers use to withdraw from
                                             the regulatory text of paragraph (b) was                Convention on International Civil Aviation            registration with the Commission or the
                                             incorrect as of March 31, 2017. These                   (61 Stat. 1180), (126 Stat. 11).                      states.
                                             errors, and the corresponding                           ■ 2. Revise paragraph (a) of § 91.1715 to             DATES: Effective July 1, 2017.
                                             corrections, are as follows:                            read as follows:                                      FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                           Bridget D. Farrell, Senior Counsel or
                                             Corrections                                             § 91.1715 Currency requirements and                   Melissa Roverts Harke, Senior Special
                                                                                                     flight review.                                        Counsel at (202) 551–6787 or IArules@
                                             1. Takeoff and Landing Currency
                                             Requirements in § 91.1715(a)                              (a) The takeoff and landing currency                sec.gov, Investment Adviser Regulation
                                                                                                     requirements of § 61.57 of this chapter               Office, Division of Investment
                                               Section 91.1715(a) currently reads, in                must be maintained in the Mitsubishi                  Management, Securities and Exchange
                                             part, ‘‘takeoff landing currency                        MU–2B series airplane. Takeoff and                    Commission, 100 F Street NE.,
                                             requirements.’’ The FAA is adding the                   landings in other multiengine airplanes               Washington, DC 20549–8549.
                                             word ‘‘and’’ to correct an inadvertent                  do not meet the takeoff and landing                   SUPPLEMENTARY INFORMATION: The
                                             omission in the regulation.                             currency requirements for the                         Commission is adopting technical
                                             2. Publisher’s Contact Information in                   Mitsubishi MU–2B series plane. Takeoff                amendments to Form ADV [17 CFR
                                             § 91.1721(b)                                            and landings in either the short-body or              279.1] and Form ADV–W [17 CFR 279.2]
                                                                                                     long-body Mitsubishi MU–2B model                      under the Advisers Act to correct and
                                               The MHI MU–2B Cockpit Checklists                      airplane may be credited toward takeoff
                                             are incorporated by reference in                                                                              update what will be outdated references
                                                                                                     and landing currency for both                         in those forms to the state of Wyoming
                                             § 91.1721. Section 91.1721(b) contains                  Mitsubishi MU–2B model groups.
                                             the contact information of the company                                                                        due to the enactment by Wyoming of
                                             who publishes these checklists. When                    *     *    *     *     *                              legislation regulating investment
                                             the final rule was published, Turbine                   ■ 3. In § 91.1721, revise the introductory            advisers, which will be effective as of
                                             Aircraft Services, Inc. (TAS) was                       text of paragraph (b) to read as follows:             July 1, 2017.1
                                             contracted by Mitsubishi Heavy                                                                                   An investment adviser must register
                                             Industries America, Inc. (MHIA) to print                § 91.1721    Incorporation by reference.              with the Commission unless it is
                                             and distribute the MU–2B Cockpit                        *     *    *     *   *                                prohibited from registering under
                                             Checklists. Therefore, § 91.1721(b)                       (b) Mitsubishi Heavy Industries                     section 203A of the Advisers Act or
                                             currently contains TAS’s contact                        America, Inc., 4951 Airport Parkway,                  relies on an exemption from registration
                                             information. The FAA was notified,                      Suite 530, Addison, TX 75001.                         under section 203.2 Under section
                                             however, that beginning on March 31,                    *     *    *     *   *                                203A(a)(1) of the Advisers Act, an
                                             2017, MHIA will be responsible for                                                                            adviser that is regulated or required to
                                                                                                       Issued under authority provided by                  be regulated as an investment adviser in
                                             printing and distributing the MU–2B                     (consult AGC) 49 U.S.C. 106(f), 44701(a), and
                                             Cockpit Checklists. This correction                                                                           the state in which it maintains its
                                                                                                     44703 in Washington, DC, on May 2, 2017.
                                             document updates the contact                                                                                  principal office and place of business is
                                                                                                     Lirio Liu,                                            prohibited from registering with the
                                             information in § 91.1721(b) to reflect the              Director, Office of Rulemaking.
                                             new publisher.                                                                                                Commission unless the adviser has
                                                                                                     [FR Doc. 2017–09316 Filed 5–8–17; 8:45 am]            assets under management of not less
                                               Because these amendments are
                                             technical in nature and result in no
                                                                                                     BILLING CODE 4910–13–P                                than $25 million, or advises an
                                             substantive changes, the FAA finds that                                                                       investment company registered under
                                             the notice and public procedures under                                                                        the Investment Company Act of 1940.3
                                             5 U.S.C. 553(b) are unnecessary. For the                SECURITIES AND EXCHANGE                               Under section 203A(a)(2) of the
                                             same reason, the FAA finds good cause                   COMMISSION                                            Advisers Act, an investment adviser
                                             exists under 5 U.S.C. 553(d)(3) to make                                                                       with between $25 million and $100
                                             the amendments effective in less than                   17 CFR Part 279                                       million of assets under management
                                                                                                                                                           (‘‘mid-sized adviser’’) is also prohibited
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                                             30 days.
                                                                                                     [Release No. IA–4698]                                 from registering with the Commission if
                                             List of Subjects in 14 CFR Part 91
                                                                                                     Technical Amendments to Form ADV                         1 Wyoming Uniform Securities Act, Wyo. Stat.
                                               Aircraft, Airmen, Airports, Aviation                  and Form ADV–W                                        Ann. §§ 17–4–101, 17–4–403 through 17–4–412
                                             safety, Freight, Incorporation by                                                                             (effective July 1, 2017) (‘‘Wyoming Securities Act’’).
                                             reference, Reporting and recordkeeping                  AGENCY:Securities and Exchange                           2 15 U.S.C. 80b–3a; 15 U.S.C. 80b–3.

                                             requirements.                                           Commission.                                              3 15 U.S.C. 80b–3a(a)(1).




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Document Created: 2018-11-08 08:41:36
Document Modified: 2018-11-08 08:41:36
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; correcting amendment.
DatesEffective May 9, 2017.
ContactFor 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]
FR Citation82 FR 21471 
RIN Number2120-AK63
CFR AssociatedAircraft; Airmen; Airports; Aviation Safety; Freight; Incorporation by Reference and Reporting and Recordkeeping Requirements

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