AFS-15-1231-E

Exemption No. 16613

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC 20591

 

In the matter of the petition of 

 

SIMCOM TRAINING CENTERS Regulatory Docket No. FAA-2015-1081

 

for an exemption from § 91 SFAR 108 

of Title 14, Code of 

Federal Regulations 

 

GRANT OF EXEMPTION

By letter dated April 20, 2015, Mr. Michael Young, SimCom Training Centers, (SimCom), 

6989 Lee Vista Boulevard, Orlando, FL 32822 petitioned the Federal Aviation Administration 

(FAA) on behalf of SimCom for an exemption from § 91, SFAR No. 108 of Title 14, Code of 

Federal Regulations (14 CFR). The proposed exemption, if granted, would provide relief 

from the initial qualification requirement for Mitsubishi MU-2B series airplane (MU-2B) 

simulator instructors.

The petitioner requests relief from the following regulation:

SFAR 108, 5.(4)(b)(3)(ii) prescribes, in pertinent part, that a simulator instructor must, within 

the preceding 12 months, have either 50 hours of MU-2B series airplane pilot-in-command 

(PIC) experience or 50 hours providing simulator or flight training device (FTD) instruction 

for the MU-2B. 

The petitioner supports its request with the following information:

In lieu of this requirement the petitioner proposes to substitute the 50 hour aircraft flight time 

initial requirement with 50 hours of supervised instruction. The supervisory instructor will be 

a qualified MU-2B instructor. This supervised instruction will be recorded in the instructor’s 

training file for inspection, and tracked by quarterly audits.
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The petitioner states that, at this time, there are 248 MU-2 aircraft registered in the U.S. and 

this number is decreasing steadily. As this number dwindles, so does the pool of pilots and 

potential instructor candidates. The petitioner states that it is impossible to find new-hire 

MU-2 simulator-only instructors with the requisite 50 PIC hours in the preceding 12 months. 

The petitioner has found that potential simulator-only instructors are not able to meet the 

SFAR 108 instructor requirement without finding a way to obtain 50 hours of MU-2 PIC time. 

Without the relief sought, it would cost the petitioner an estimated $45,000 for each new 

instructor, at a rate of $900 per flight hour to provide the SFAR 108 required 50 hours of MU2 PIC time. The petitioner states that, from a business standpoint, this would be costprohibitive for this company.

The alternative 50 hours of supervised instruction proposed by the petitioner would aid the 

petitioner in maintaining a sufficient pool of MU-2 simulator instructors and, consequently, 

will ensure the ongoing availability of simulator based training for MU-2 pilots. The Level 5 

FTDs operated by the petitioner are the only ground devices available in the industry to 

provide SFAR 108-required initial, recurrent, or requalification training for the pool of MU-2 

pilots. There are no full flight simulators (FFS) available. The petitioner states that without 

the relief requested, it will no longer be possible to provide this FTD training to industry due 

to lack of instructors and/or the expense of getting them qualified to SFAR 108 recent PIC 

hour requirements.

The petitioner maintains that the SFAR 108 requirement for an MU-2 simulator instructor to 

have time in type is unprecedented in the pilot training industry. The petitioner is aware of the 

purpose of the SFAR as a safety mechanism, and maintains that safety will not be 

compromised by granting this exemption.

The FAA contacted the petitioner and requested additional information concerning how an 

equivalent level of safety would be maintained, and how the public interest would be served 

by granting this exemption. The petitioner responded with the following information:

A new simulator instructor would receive a minimum of 20 hours of ground 

instruction, and 12 hours of flight instruction with a minimum of six hours of Level E 

training (in the aircraft). The balance of the minimum of 12 hours (6 hours) would be 

in the Level 5 MU-2 FTD. Level E is defined in SFAR 108 Appendix A, as “training 

that must be accomplished in the MU-2B airplane, Level C simulator, or Level D 

simulator.” The petitioner explained that as there are no Level C or D full flight 

simulators. The petitioner uses (rents) an MU-2 aircraft for this portion of the training. 

New petitioner instructor trainees sit in the left seat during the aircraft training 

segment. 

The petitioner stated that, the SFAR 108 requirement for 50 hours of instruction given in a 

simulator is reasonable as a recency-of-experience requirement for an otherwise qualified 

instructor, but places an undue burden on the company for an initial instructor requirement. 
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The petitioner provided data on how many of its clients have benefitted from its SFAR 108 

training programs that use the Level 5 MU-2 FTD. Since SFAR 108 was promulgated, the 

petitioner has provided 101 initial pilot courses and 664 recurrent pilot courses. The recurrent 

figures include repeat customers. During this time, the petitioner stated it is aware of only one 

fatal MU-2 accident involving one of its pilot training clients.

The petitioner stated that, its proposed alternative of 50 hours of supervised instruction in its 

petition will aid the company in maintaining a sufficient pool of MU-2 simulator instructors 

and, consequently, will ensure the ongoing availability of simulator based training for MU-2 

pilots. The petitioner states that its proposed alternative will also have no adverse effect on 

aviation or public safety. All new instructors will still be required to complete the same 

amount of hours (50 hours) as required by the SFAR, except that these hours may be accrued 

as “received” instruction from a previously qualified MU-2 instructor. Instructors will still be 

required to meet all other requirements of SFAR 108. The petitioner believes that its proposal 

will ensure the fullest safety equivalency to those requirements of SFAR 108 from which it 

seeks relief. 

The petitioner notes in its petition that the current requirements of SFAR 108 are unique in the 

industry. The petitioner believes that its proposed alternative to the requirements of the SFAR 

would establish instructor qualification standards no less stringent than the requirements the 

FAA has historically deemed acceptable and conducive to aviation safety for numerous other 

aircraft types.

The petitioner notes that, since its petition pertains to only simulator and not to in-aircraft 

instructors, it is only asking for relief from the initial SFAR requirement of instruction given. 

The petitioner will mitigate the level of safety by supervising, with an SFAR 108 qualified 

instructor, the first 50 hours instruction given by the simulator only instructor. Level E 

(aircraft training) will be provided during their initial SFAR 108 (PIC qualification) training. 

This will include, at minimum, 8 hours consisting of 6 hours training and 2 hours final phase 

check. 

The petitioner indicated that this supervised instruction will be recorded in the instructor’s 

training file for inspection. 

A summary of the petition was published in the Federal Register on May 28, 2015 (80 FR 

30528). Seven comments were received; of those six were from individual MU-2 pilots who 

are also SimCom FTD training clients, and one was from the National Business Aircraft 

Association. All seven comments are in favor of SimCom’s petition. The comments cite the 

public interest in continuing SimCom’s FTD training, the shortage of instructors on hand at 

SimCom now and the shortage of otherwise qualified MU-2 FTD instructors, and the safety 

benefits of practicing certain maneuvers and procedures in the FTD rather than the actual 

aircraft.
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The FAA's analysis is as follows:

The FAA finds that a grant of exemption would provide an equivalent level of safety to that of 

the regulations and would be in the public interest. 

On February 6, 2008, the FAA implemented Special Federal Aviation Regulation (SFAR) 

108, creating new pilot training, experience, and operating requirements for persons operating 

the Mitsubishi MU–2B series airplane (MU–2B) (FAA 2006-24981, 73FR 7051). These 

requirements followed an increased accident and incident rate in the MU–2B and were based 

on an FAA safety evaluation of the MU–2B. This SFAR mandates additional training, 

experience, and operating requirements to improve the level of operational safety for the MU–

2B. 

The FAA notes that SFAR 108 has already been revised to allow more flexibility with regard 

to instructor experience requirements. In the preamble of amendment 91-324, 76 FR 54107, 

August 31, 2011, the FAA revised Section 5 of SFAR 108 to allow the MU-2B airplane flight 

instructor required airplane experience to be met using a combination of PIC time and 

experience acquired while providing instruction in an FAA-approved MU–2B flight training 

device or simulator. This was done in order to maximize the number of instructors available to

provide training in the airplane. SFAR 108 also permits existing FTD instructors to maintain 

MU-2B instructor currency as long as they continue to get a flight review in an MU-2B 

airplane.

The FAA acknowledges that there is public interest in the MU-2B pilot training program 

conducted by the petitioner, which is unique among other SFAR 108 training providers in 

offering this training in a ground-based flight training device. The FAA has historically 

encouraged pilot training in full flight simulators and flight training devices where appropriate 

in the interest of safety. The FAA also acknowledges the petitioner’s concern that the pool of 

potential initial new-hire MU-2B FTD instructors is shrinking, and that the petitioner has 

concerns about the continued business viability of their FTD-based training product if they 

cannot find and train those qualified instructors.

The FAA notes that the SFAR 108 requirements for Simulator Instructor experience were 

promulgated to ensure that Simulator Instructor Level E aircraft experience requirements 

mitigate the use of a Level 5 FTD to being used for credit where Level E training 

requirements have been established. This is why the 50 hours of recent airplane experience is 

critical for FTD instructors, both because it is needed to justify the use of a Level 5 FTD 

beyond its maneuver capability, and because it is the only actual MU-2B experience required 

for FTD instructors. It is necessary for the simulator/FTD instructor to have sufficient 

experience in the MU-2B airplane to be able to teach the specific flight characteristics, which 

are SFAR-required elements established to ensure minimum proficiency and safety of MU-2B

flight operations.
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The petitioner indicated that, its new hire FTD instructor training curriculum will provide the 

flight training required to qualify a new instructor as an initial PIC (a minimum of 6 hours of 

flight training in the Level 5 FTD and a minimum of 8 hours of Level E left-seat aircraft 

flight experience, which includes a 2 hour Final Phase Check). However, the petitioner did 

not propose any additional Level E aircraft instructional experience for its new hire FTD 

instructors beyond the 8 hours required to bring them to initial PIC qualification standards. 

The petitioner did not provide a detailed syllabus or curriculum for its FTD instructor training 

program.

The FAA considers the petitioner’s proposal to provide 8 hours of Level E aircraft time for 

initial new hire instructors, 6 hours of FTD time and to supervise the first 50 hours of 

instruction given by the new FTD instructor insufficient to provide an equivalent level of 

safety compared to the requirements of SFAR 108, 5.(4)(b)(3)(ii) for the 50 hours of recent of 

MU-2 flight time. It is very possible that a new SimCom MU-2B FTD instructor may have no 

actual MU-2B aircraft experience other than the 8 hours that is flown in the Initial PIC Level 

E aircraft training phase of his/her instructor training curriculum. A new MU-2B instructor, 

even an FTD-only instructor, with little or no previous MU-2B PIC experience, needs 

additional instructor training in the actual Level E MU-2B aircraft in order to gain an adequate 

level of understanding in the specific flight characteristics of the MU-2B aircraft and to be 

able to transfer that knowledge to the training client.

For new SimCom MU-2B FTD instructors who do not meet the SFAR 108,5.(b)(3)(ii) 

requirement of 50 hours of MU-2B PIC hours in the preceding 12 months, the FAA has 

determined that an equivalent level of safety can be met by the completion of an instructor 

training and experience course which includes 10 hours of Level 5 FTD instructor training 

received; 15 hours of Level E MU-2B aircraft instructor training (this is in addition to PIC 

training), and 25 hours of Level 5 FTD supervised instruction given. This is reflected in 

Condition/Limitation No. 1.

The FAA has determined that the 25 hours of supervised instruction given for a new FTD 

instructor upon entering service should include the teaching of two initial PIC courses and two 

recurrent PIC courses. If this combination of courses is not available within a 90 day period 

after beginning initial service as an FTD instructor, then teaching a combination of one initial 

PIC and three recurrent PIC courses is an acceptable alternative during those 25 hours of 

supervised instruction. This is reflected in Condition/Limitation No. 2.

Each supervising simulator/flight training device instructor who provides supervision for a 

new instructor covered by this exemption must be qualified in accordance with SFAR 108 and 

will be designated by SimCom. This is reflected in Condition/Limitation No. 3.

The petitioner will record the new FTD instructor’s supervised instruction in the instructor’s 

training file for inspection. This is reflected in Condition/Limitation No. 4.
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The new-hire MU-2B FTD instructor training program described in this exemption must be 

submitted through SimCom’s assigned Training Center Program Manager to AFS-800 for 

review and approval. This is reflected in Condition/Limitation No. 5.

The FAA’s Decision

In consideration of the foregoing, I find that a grant of exemption would be in the public 

interest. Therefore, pursuant to the authority contained in 49 U.S.C. §§ 106(f), 40113,

and 44701, delegated to me by the Administrator, I grant SimCom Training Centers 

(SimCom) an exemption from the initial simulator instructor qualification requirement for 

Mitsubishi MU-2B series airplane (MU-2B), of 14 CFR § 91, SFAR No. 108, subject to the 

conditions and limitations described below.

Conditions and Limitations

1) Any new (assigned after the date of this exemption) SimCom MU-2B simulator/flight 

training device instructors covered by this exemption who does not meet the 

requirements of SFAR 108, 5.(4)(b)(3)(ii) must complete an instructor training and 

experience course which includes all of the following:

a) 10 hours of Level 5 FTD instructor training;

b) 15 hours of Level E MU-2B aircraft instructor training and experience; and

c) 25 hours of Level 5 FTD supervised instruction.

2) The 25 hours of supervised instruction for a simulator/flight training device instructor, 

described in Condition/Limitation No. 1 must consist of the following:

a) Teaching two initial PIC courses and two recurrent PIC courses; or

b) Teaching a combination of one initial PIC and three recurrent PIC courses.

If this combination of courses is not available within a 90-day period after beginning 

initial service as an FTD instructor, then teaching a combination of one initial PIC and 

three recurrent PIC courses is an acceptable alternative during those 25 hours of 

supervised instruction.

3) Each supervising simulator/flight training device instructor who provides supervision 

for a new instructor covered by this exemption must be designated by SimCom.

4) Simcom must record the new FTD instructor’s supervised instructions in the 

instructor’s training file, and make it available for inspection. 

5) The new-hire MU-2B FTD instructor training program described in this exemption 

must be submitted through SimCom’s assigned Training Center Program Manager to 

AFS-800 for review. The training program must be approved by AFS-800 before 
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SimCom may exercise the relief contained in the exemption. The training program 

may be submitted via e-mail to: 9-AFS-800-Correspondence@faa.gov

This exemption terminates on April 30, 2018, unless sooner superseded or rescinded. 

Issued in Washington, D.C., on May 3, 2016

/s/

John Barbagallo

Deputy Director, Flight Standards Service
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