[Federal Register Volume 88, Number 114 (Wednesday, June 14, 2023)]
[Proposed Rules]
[Pages 38946-39105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11497]



[[Page 38945]]

Vol. 88

Wednesday,

No. 114

June 14, 2023

Part II





Department of Transportation





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Federal Aviation Administration





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14 CFR Parts 1, 43, 60, et al.





Integration of Powered-Lift: Pilot Certification and Operations; 
Miscellaneous Amendments Related to Rotorcraft and Airplanes; Proposed 
Rule

  Federal Register / Vol. 88 , No. 114 / Wednesday, June 14, 2023 / 
Proposed Rules  

[[Page 38946]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 1, 43, 60, 61, 91, 97, 111, 135, 136, 141, 142, and 
194

[Docket No. FAA-2023-1275; Notice No. 23-8]
RIN 2120-AL72


Integration of Powered-Lift: Pilot Certification and Operations; 
Miscellaneous Amendments Related to Rotorcraft and Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes a Special Federal Aviation Regulation for 
alternate eligibility requirements to safely certificate initial groups 
of powered-lift pilots, as well as determine which operating rules 
apply to powered-lift on a temporary basis to enable the FAA to gather 
additional information and determine the most appropriate permanent 
rulemaking path for these aircraft. Powered-lift will be type 
certificated as special class aircraft under the existing regulations. 
Currently, there is not an established path for civilian pilots to be 
certificated with a powered-lift category rating. The general and 
commercial operating regulations do not contemplate operation of 
powered-lift. In addition to proposed changes for powered-lift, this 
action also proposes changes that would affect practical tests in 
aircraft that require type ratings, including airplanes and 
helicopters, training center rotorcraft instructor eligibility, 
training, and testing requirements, and training center use of 
rotorcraft in flight instruction.

DATES: Send comments on or before August 14, 2023.

ADDRESSES: Send comments identified by docket number FAA-2023-1275 
using any of the following methods:
    Federal eRulemaking Portal: Go to https://www.regulations.gov/ and 
follow the online instructions for sending your comments 
electronically.
    Mail: Send comments to Docket Operations, M-30; U.S. Department of 
Transportation (DOT), 1200 New Jersey Avenue SE, Room W12-140, West 
Building Ground Floor, Washington, DC 20590-0001.
    Hand Delivery or Courier: Take comments to Docket Operations in 
Room W12-140 of the West Building Ground Floor at 1200 New Jersey 
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays.
    Fax: Fax comments to Docket Operations at (202) 493-2251.
    Docket: Background documents or comments received may be read at 
https://www.regulations.gov/ at any time. Follow the online 
instructions for accessing the docket or go to the Docket Operations in 
Room W12-140 of the West Building Ground Floor at 1200 New Jersey 
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Christina Grabill, AFS-810, Federal 
Aviation Administration, 800 Independence Ave. SW, Washington, DC 
20591; telephone (202) 267-1110; email [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Executive Summary
    A. Aircraft Certification
    B. Airman Certification
    C. Operational Requirements
    D. International Operation of Powered-Lift
    E. Summary of the Costs and Benefits
    F. SFAR Framework and Duration
II. Authority for This Proposed Rulemaking
III. Background
    A. General
    B. Related Rulemakings
    C. Part 1 Considerations
IV. Powered-Lift Type Certification and FSTD Qualification
    A. Type Certification
    B. Noise Considerations
    C. Qualification of Powered-Lift Flight Simulation Training 
Devices (FSTD)
V. Certification of Powered-Lift Pilots
    A. Establish a Type Rating Requirement for Persons Seeking To 
Act as PIC of Powered-Lift
    B. Applicability of the Type Rating Requirement to Military 
Pilots
    C. Applicability of the SIC Qualification Requirements of Sec.  
61.55 to Powered-Lift
    D. Supervised Operating Experience Requirements of Sec.  61.64
    E. Establish an Alternate Pathway for Pilot Certification
    F. Training in an Approved Program Under Parts 135, 141, and 142
    G. Practical Tests
    H. Miscellaneous Amendments
    I. Part 135 Pilot Qualifications
    J. Part 142 Training Centers
    K. Subpart K of Part 91 Pilot Qualifications
    L. Summary of Proposed Regulatory Changes for Airmen
VI. Operational Rules for Powered-Lift
    A. Introduction
    B. Part 91 Rules for Powered-Lift
    C. Part 97 Rules for Powered-Lift
    D. Part 135 Rules for Powered-Lift
    E. Part 136 Rules for Powered-Lift
    F. Part 43 Applicability to Powered-Lift
    G. Pilot Records Database
VII. Air Traffic Operations
VIII. International Operations for Powered-Lift
    A. Personnel Licensing
    B. Operations of Aircraft
    C. Airworthiness of Aircraft
IX. Regulatory Notices and Analyses
    A. Data and Assumptions
    B. Summary of the Regulatory Impact Analysis
    C. Regulatory Flexibility Act
    D. International Trade Impact Assessment
    E. Unfunded Mandates Assessment
    F. Paperwork Reduction Act
    G. International Compatibility
    H. Environmental Analysis
    I. Regulations Affecting Intrastate Aviation in Alaska
X. Executive Order Determinations
    A. Executive Order 14036, Promoting Competition in the United 
States Economy
    B. Executive Order 13985, Advancing Racial Equity and Support 
for Underserved Communities Through the Federal Government
    C. Executive Order 13132, Federalism
    D. Executive Order 13175, Consultation and Coordination With 
Indian Tribal Governments
    E. Executive Order 13211, Regulations That Significantly Affect 
Energy Supply, Distribution, or Use
    F. Executive Order 13609, Promoting International Regulatory 
Cooperation
XI. Additional Information
    A. Comments Invited
    B. Confidential Business Information
    C. Electronic Access and Filing
    D. Small Business Regulatory Enforcement Fairness Act

Abbreviations and Acronyms Used in This Document

ACO--Aircraft Certification Office
ACS--Airman Certification Standards
ALPA--Air Line Pilots Association
APD--Aircrew Program Designee
AIH--Aviation Instructor's Handbook
AQP--Advanced Qualification Program
ATC--Air Traffic Control
ATP--Airline Transport Pilot
ATO--Air Traffic Organization
CAMP--Continuous Airworthiness Maintenance Program
CFIT--Controlled Flight Into Terrain
CFR--Code of Federal Regulations
CLOA--Certificate and Letter of Authority
CVR--Cockpit Voice Recorder
DPE--Designated Pilot Examiner
GPS--Global Positioning System
GPWS--Ground Proximity Warning Systems
ELT--Emergency Locator Transmitter
ERT--Extended Review Team
FDR--Flight Data Recorder
FFS--Full Flight Simulator
FSB--Flight Standardization Board
FSBR--Flight Standardization Board Report
FSTD--Flight Simulation Training Device
FTD--Flight Training Device
HAA--Helicopter Air Ambulance
HTAWS--Helicopter Terrain Awareness Warning System
ICAO--International Civil Aviation Organization
IFR--Instrument Flight Rules
IMC--Instrument Meteorological Conditions
IOE--Initial Operating Experience
IPC--Instrument Proficiency Check

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LOA--Letter of Authorization
MDA--Minimum Descent Altitude
MCTW--Maximum Certificated Takeoff Weight
MEL--Minimum Equipment List
MFD--Multifunction Display
MGTOW--Maximum Gross Takeoff Weight
MMEL--Master Minimum Equipment List
NAS--National Airspace System
NPRM--Notice of Proposed Rulemaking
NM--Nautical Mile
NSP--National Simulator Program
NTSB--National Transportation Safety Board
OEM--Original Equipment Manufacturer
PA--Public Address System
PDP--Professional Development Program
PIC--Pilot in Command
PFD--Primary Flight Display
POI--Principal Operations Inspector
PTS--Practical Test Standards
QPS--Qualification Performance Standards
RPA--Rules of Particular Applicability
SARPs--Standards and Recommended Practices
SFAR--Special Federal Aviation Regulation
SIC--Second in Command
SOE--Supervised Operating Experience
SVO--Simplified Vehicle Operations
TAPL--Technically Advanced Powered-Lift
TAWS--Terrain Awareness and Warning System
TC--Type Certificate
TCE--Training Center Evaluator
TCDS--Type Certificate Data Sheet
VFR--Visual Flight Rules
VMC--Visual Meteorological Conditions
VTOL--Vertical Takeoff and Landing

I. Executive Summary

    This proposed rule would establish the requirements for pilot 
certification and operation of powered-lift. Powered-lift are defined 
in title 14 of the Code of Federal Regulations (14 CFR) part 1 as 
heavier-than-air aircraft capable of vertical takeoff, vertical 
landing, and low speed flight that depends principally on engine-driven 
lift devices or engine thrust for lift during these flight regimes and 
on nonrotating airfoil(s) for lift during horizontal flight. Powered-
lift are capable of vertical takeoff and landing (VTOL) while being 
able to fly like an airplane during cruise flight. Currently, there are 
no type-certificated powered-lift in civil operations; however, there 
are several applicants seeking type certificates for such aircraft.\1\
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    \1\ The General Aviation Manufacturers Association (GAMA) made 
several contacts with the FAA during the course of this rulemaking. 
On July 21, 2022, the General Aviation Manufacturers Association 
submitted a letter to the FAA providing its recommendations 
regarding consensus standards for powered-lift. The FAA did not take 
these recommendations into consideration while developing this NPRM. 
The FAA has placed a copy of this letter in the docket for this 
rulemaking. On August 17, 2022, the FAA met with GAMA to discuss 
eVTOL Entry Into Service. The FAA did not take into account the 
contents of this meeting while developing this NPRM.
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    Several of the powered-lift that the FAA expects to come to the 
civilian market have complex and unique design, flight, and handling 
characteristics with varying degrees of automation. The FAA anticipates 
that these aircraft will conduct an array of different operations such 
as transporting crew and material to offshore oil rigs, transporting 
passengers from point-to-point as an air ambulance, and transporting 
passengers in concentrated urban environments as an air taxi.
    To safely integrate powered-lift in the national airspace system 
(NAS), the FAA proposes to make permanent changes to parts 61, 135, and 
142 to train and certificate powered-lift pilots and instructors, as 
well as temporary changes through a Special Federal Aviation Regulation 
(SFAR) that would supplement existing rules, create temporary 
alternatives for airman certification, remove operational barriers, and 
mitigate safety risks for powered-lift. As discussed in section I.F, 
the FAA proposes a duration of 10 years for the SFAR.
    Powered-lift will also be utilized to support the deployment of 
advanced air mobility (AAM) operations. AAM is an umbrella term for an 
air transportation system that moves people and cargo using 
revolutionary new aircraft. These aircraft are often referred to as air 
taxis or electric Vertical Takeoff and Landing (eVTOL) aircraft. 
Congress has recently directed the Department of Transportation to 
establish an advanced air mobility working group to plan for and 
coordinate efforts to integrate advanced air mobility aircraft into the 
national airspace system through the Advanced Air Mobility Coordination 
and Leadership Act.\2\ This rulemaking is an important step in 
facilitating the integration of powered lift and AAM into the NAS. As 
discussed further in section X of this preamble, the proposed rule 
would promote competition and equity in air travel by enabling powered-
lift and AAM to enter the market.
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    \2\ Public Law 117-203, 136 Stat. 4441.
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A. Aircraft Certification

    The FAA is not proposing to establish any new requirements for the 
type certification of powered-lift, nor is it proposing to revise 
existing type certification requirements. The FAA has determined that 
existing aircraft certification requirements are sufficient to type 
certificate powered-lift as a special class under 14 CFR 21.17(b).
    The special class process allows the FAA to address the novel 
features of unique and nonconventional aircraft without the need for 
additional processes such as special conditions or exemptions that 
would be required if the FAA used the airworthiness standards already 
in place. Under the special class process, the FAA designates 
applicable airworthiness requirements as the certification basis for 
each aircraft design, including its engines and propellers. This 
designation of applicable airworthiness requirements may include 
requirements from the existing airworthiness standards applicable to 
normal category and transport category airplanes, normal category and 
transport category rotorcraft, aircraft engines and propellers (parts 
23, 25, 27, 29, 33, and 35), and it may also include unique 
airworthiness criteria developed specifically for the individual 
product.
    The FAA will publish the proposed airworthiness criteria, along 
with an explanation of its equivalency determination, in the Federal 
Register for public notice and comment for each powered-lift project.
    The aircraft certification requirements are discussed in more 
detail in section IV of this preamble.

B. Airman Certification

    Although the FAA has existing regulations in part 61 for training 
and certificating powered-lift flight instructors and pilots, those 
regulations do not adequately address the unique challenges of 
introducing a new category of aircraft to civil operations. First, the 
existing regulations did not anticipate the diversity in design of the 
powered-lift that are beginning to work through the aircraft 
certification process. Second, the existing aeronautical experience 
requirements for powered-lift contain roadblocks for training and 
certificating the initial cadre of powered-lift flight instructors and 
pilots. In addition to the challenges with the existing regulations in 
part 61, the regulations for certain commercial operations in part 135 
do not contain specific regulations addressing qualifications for 
powered-lift pilots which creates a safety gap when compared to the 
part 135 requirements for pilots of airplanes and helicopters.
    The intention expressed by industry to introduce these aircraft 
immediately into passenger-carrying commercial operations has made more 
urgent the need to reconsider the existing airman regulations for 
powered-lift and address the absence of specific regulations for pilots 
in part 135. The FAA requires and the public expects that commercial 
operations be conducted with the highest regard for safety and by 
pilots who have extensive experience flying the particular category of 
aircraft in which paying passengers will be

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transported. To maintain a level of safety commensurate with that 
expected for airplanes and helicopters, the FAA is proposing new 
requirements for pilots to hold type ratings for each powered-lift they 
fly and proposing qualification requirements for powered-lift pilots 
serving in part 135. To address the obstacles to airman certification 
in existing regulations, the FAA is proposing alternatives to certain 
requirements in part 61 to facilitate the training and certification of 
the initial cadre of powered-lift instructors and powered-lift pilots.
1. Type Rating
    The lack of commonality in the design of powered-lift creates 
challenges for pilot training and certification. The powered-lift 
coming to the civilian market have complex and unique design, flight, 
and handling characteristics with varying degrees of automation. 
Because each powered-lift can have different configurations, unique 
inceptors, diversified flight controls, and complicated and distinctive 
operating characteristics, the FAA has determined that, unlike 
airplanes and rotorcraft, it is not feasible to establish classes 
within the powered-lift category at this time. As such, the FAA is 
proposing to require pilots to hold a type rating for each powered-lift 
they fly.\3\ This proposal would ensure that the pilot in command (PIC) 
has received specific training on the unique aspects of each powered-
lift and demonstrated proficiency during a practical test conducted by 
an FAA examiner. The proposed type rating requirement would also 
conform to the type rating standard established by the International 
Civil Aviation Organization (ICAO).
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    \3\ If a manufacturer develops a powered-lift that is 
sufficiently similar to another powered-lift such that there is 
enough commonality in how they perform and handle for pilots (e.g., 
flight controls), it is possible for those powered-lift to share a 
type rating. Based on what is being manufactured now, the FAA does 
not expect this to be a possibility in the near term. Should this 
realize, the FAA would determine whether a powered-lift should share 
a type rating with another powered-lift during the FSB process, 
which is discussed in section V.H of this preamble.
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2. Flight Instructors
    Flight instructors form the backbone of the airman certification 
framework. Every individual that learns to fly begins by obtaining 
flight training from an authorized instructor on the basic maneuvers, 
flight controls, and instruments of a particular category of aircraft 
(e.g., airplanes). The FAA recognizes that, once the first powered-lift 
achieve type certification, there will be an insufficient number of 
qualified flight instructors to provide training to the pilots who will 
need to obtain certificates and ratings necessary to serve in powered-
lift operations. For this reason, the FAA is proposing to allow certain 
pilots employed by the manufacturer to obtain the necessary training 
and experience for powered-lift through the test flights and crew 
training activities necessary for aircraft certification. Once the 
manufacturer's personnel obtain the necessary ratings, they would form 
the initial cadre of instructors who could conduct certification 
training in the manufacturer's aircraft for certain instructor 
personnel at part 141 pilot schools, part 142 training centers, and 
part 135 operators. These instructors under parts 141, 142, and 135 
would then develop the curricula for the initial powered-lift training 
at their respective organizations.
    The reliance on manufacturers to provide the initial training in a 
new aircraft is not without precedent in aviation. For years, 
manufacturers of new types of airplanes or rotorcraft have provided the 
necessary training for the initial cadre of pilots who will fly the new 
aircraft type (e.g., B-787). In fact, a number of manufacturers hold 
air agency certificates under parts 141 and 142 for the purpose of 
providing this type of flight training to the pilots of prospective 
customers. As explained in greater detail later in this preamble, the 
current proposal provides flexibility for powered-lift manufacturers to 
conduct training that would facilitate the qualification of flight 
instructors and promote the use of their aircraft.
3. Pilots
    Even with sufficient qualified flight instructors, the existing 
airman certification rules for powered-lift present obstacles for 
persons seeking to accomplish the training and experience necessary to 
obtain the certificates and ratings for commercial operations. In 
response to industry concerns, the FAA is proposing alternate 
requirements for meeting pilot in command (PIC) flight time and cross-
country flight time requirements in part 61 and expanding the 
opportunity for pilots to obtain powered-lift ratings at the commercial 
pilot certificate level through part 135 training programs. Most of the 
alternative requirements would be available only to pilots who already 
hold a commercial pilot certificate and an instrument rating for 
another category of aircraft. In addition, although no FSTDs 
representing powered-lift are currently qualified, the FAA anticipates 
near-term qualification of such devices and is proposing to allow 
increased flight training opportunities through simulation.
4. Part 135 Pilot Qualifications
    With the recent issuance of a separate NPRM that proposes to enable 
powered-lift operations in part 135, the FAA is proposing permanent 
changes in this NPRM to training and qualification requirements for 
pilots to align with the requirements established for pilots of 
airplanes and rotorcraft in part 135. These proposals include ATP 
certification and operating experience in make and model of powered-
lift for PICs in commuter operations, part 121 training requirements 
for pilots who serve in commuter operations in certain powered-lift, 
and instrument ratings for all powered-lift pilots in part 135 
operations. In addition to proposing to allow a part 135 operator to 
develop and provide training for powered-lift pilot certification at 
the commercial pilot level, the FAA is proposing to permit successful 
completion of part 135 pilot checks to be used to meet the practical 
test requirements for powered-lift ratings subject to certain 
conditions.
5. Dual Controls
    Since 1938, aviation regulations have required aircraft to have 
dual controls for operations involving flight training. This 
requirement prevents a person not rated or inexperienced in an aircraft 
from having sole responsibility for the flight and permits a PIC to 
directly intervene when necessary in the interest of safety. The FAA is 
aware that some manufacturers have or intend to design powered-lift 
with a single set of controls. Because the FAA is proposing that all 
powered-lift would require the pilot to hold a type rating for the 
aircraft, a person would be required to receive training for a type 
rating in the specific powered-lift for the type rating sought, meaning 
the powered-lift must have a dual set of controls for flight training 
under Sec.  91.109. To the extent that manufacturers have suggested 
that there are alternate safe means to conduct flight training without 
a dual set of controls, the FAA finds that those means have not been 
demonstrated or validated to a level that would allow the FAA to 
propose relief from the requirement to conduct flight training with a 
dual set of controls. The FAA invites public comments on this 
determination. Specifically:
     How would a flight instructor provide flight training in 
powered-lift with only a single set of flight controls without 
adversely affecting safety?
     How would an applicant meet the supervised operating 
experience

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requirements with a single set of flight controls in powered-lift? \4\
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    \4\ A person subject to a supervised operating experience (SOE) 
limitation my not act as PIC of an aircraft but must perform the 
duties of PIC under the supervision of a qualified PIC. The FAA 
considers a person to be performing the duties of a PIC when the 
person performs all the functions of the PIC including landings and 
takeoffs, en route flying, low approaches, and ground functions. See 
Legal Interpretation to Duncan (Apr. 13, 2012). As such, both the 
PIC (the person responsible for the safe conduct of the flight) and 
the person completing SOE need access to flight controls.
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     How would an operator fully qualify pilots for air carrier 
operations in an aircraft without dual flight controls while meeting 
the enhanced safety standard that is expected of air carrier 
operations?
    Please provide any relevant data or technical analyses that could 
assist the FAA in evaluating these comments.
6. Impacts to Rotorcraft Training at Part 142 Training Centers
    The FAA is also proposing some permanent changes that, in addition 
to establishing requirements for powered-lift, would affect certain 
part 142 training in FSTDs that represent rotorcraft. These proposed 
changes would harmonize requirements for airplanes, powered-lift and 
rotorcraft in part 142 with regard to training in an FSTD that 
represents an aircraft that requires the pilot to hold a type rating. 
In some instances, these proposed changes would provide additional 
flexibility to training and qualification for rotorcraft instructors 
consistent with allowances for airplane instructors and provide 
training and testing for rotorcraft instructors that is more 
specifically focused on rotorcraft, instead of airplanes.

C. Operational Requirements

    Currently, parts 43 (Maintenance, Preventive Maintenance, 
Rebuilding, and Alteration), 91 (General Operating and Flight Rules), 
97 (Standard Instrument Procedures), 135 (Operating Requirements: 
Commuter and on Demand Operations and Rules Governing Persons on Board 
Such Aircraft), and 136 (Commercial Air tours and National Parks Air 
Tour Management) include regulatory requirements applicable to 
aircraft, generally, and do not specify applicability to a particular 
kind of aircraft (i.e., airplane, rotorcraft, powered-lift). 
Accordingly, these provisions currently apply to powered-lift.
    In order to mitigate the safety gaps that exist due to the absence 
of operational regulations specifically applicable to powered-lift, the 
FAA proposes, through the SFAR, to apply specific airplane, rotorcraft, 
and helicopter rules contained in parts 43, 91, 97, 135, and 136 to 
powered-lift as appropriate. The FAA conducted a comprehensive review 
of the operational rules, taking into consideration the anticipated 
capabilities of powered-lift and the lack of operational data. Each 
rule was evaluated to determine whether the airplane or the rotorcraft/
helicopter provisions would maintain a level of safety for powered-lift 
operations as is provided in the current rules. Based on this review, 
the FAA asserts that the proposed provisions will maintain an 
equivalent level of safety for operations conducted in powered-lift to 
those conducted in airplanes, rotorcraft, or helicopters.
    Specifically, under part 91, the FAA proposes applying airplane 
rules, except for the helicopter provisions of Sec. Sec.  91.126(b)(2) 
and 91.129(f)(2), when a powered-lift is operating in vertical-lift 
flight mode. These two regulations require helicopters, when conducting 
approaches, to avoid the flow of fixed-wing aircraft in Class G and 
Class D airspace, respectively. This proposal would provide the 
flexibility for powered-lift operators capable of landing vertically to 
land at most helicopter pads and heliports.\5\
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    \5\ See section VI.A.1 for further discussion of ``heliport'' 
and the FAA's published interim guidance for vertiport design.
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    Under part 135, the FAA proposes applying airplane rules, except 
for helicopter- or rotorcraft-specific regulations that outline: 
certain equipment requirements; certain emergency equipment and 
passenger briefing requirements for overwater operations; certain VFR 
or IFR requirements; requirements for operations in icing conditions; 
and certain airport requirements, as well as requirements for operating 
in remote areas. The FAA also proposes to require powered-lift 
operators conducting operations similar to helicopter air ambulance 
operations to utilize the requirements applicable to such operations in 
part 135. The FAA also proposes to make a permanent change to the 
regulatory requirements for the Pilot Records Database contained in 
part 111 to include powered-lift as a qualifying aircraft to meet the 
threshold requirement of whether a person operating in furtherance of a 
business needs to report pilot records to the Pilot Records Database.
    In general, the FAA applies operational requirements specific to 
helicopter operations within part 136 to powered-lift operations 
because the FAA expects powered-lift will hover and operate similarly 
to helicopters when conducting air tours, except when relying on 
horizontal lift. Accordingly, for operational requirements related to 
cruise flight in wing-borne flight mode, the FAA applies airplane 
specific requirements because of a powered-lift's expected similarity 
to an airplane in that operational circumstance.
    The FAA also proposes to allow powered-lift operators to use Copter 
Procedures as defined in part 97 if the aircraft has been type-
certificated and equipped to utilize those procedures. That capability 
will be identified in the limitations section of the aircraft flight 
manual along with any other specific limitations and procedures 
necessary for safe operation of the aircraft.
    For purposes of maintenance, preventive maintenance, rebuilding, 
and alteration, the FAA proposes to apply the current requirements 
under part 43, with only two modifications. First, the FAA proposes to 
apply the preventive maintenance requirements available to certificate 
holders operating rotorcraft under part 135 in remote areas, to 
certificate holders operating powered-lift under part 135 in remote 
areas. If approved by the Administrator, a certificate holder operating 
powered lift under part 135 would be permitted to allow a pilot who has 
completed training to perform certain specific preventive maintenance 
items.\6\ Second, the FAA proposes that in lieu of complying with Sec.  
43.15(b), each person performing an inspection required by part 91 on a 
powered-lift, must inspect ``critical parts'' in accordance with the 
maintenance manual or Instruction for Continuous Airworthiness, or as 
otherwise approved by the Administrator. The FAA proposes that 
``critical part'' have the same meaning as provided in Sec. Sec.  
27.602 and 29.602.
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    \6\ The pilot must complete training under an approved training 
program. 14 CFR 43.3(h)(2).
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    The operational requirements for powered-lift are discussed in more 
detail in section VI of this preamble.

D. International Operation of Powered-Lift

    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, it is FAA policy to conform to 
International Civil Aviation Organization (ICAO) Standards and 
Recommended Practices (SARPs) to the maximum extent practicable.
    The FAA proposes to amend part 61 to require powered-lift pilots to 
have a type rating, which meets the standards outlined in ICAO Annex 1, 
Personnel

[[Page 38950]]

Licensing. Under parts 91 and 135, the FAA requires U.S. operators to 
comply with ICAO Annex 2, Rules of the Air. ICAO Annex 8, Airworthiness 
of Aircraft, is silent on powered-lift; however, the FAA designates 
powered-lift as special class aircraft for type certification in 
accordance with Sec.  21.17(b) and applies airworthiness criteria that 
meet an equivalent level of safety to the FAA's existing airworthiness 
standards and are consistent with the intent of ICAO Annex 8 to the 
Chicago Convention. Accordingly, U.S. operators of powered-lift that 
are type-certificated with a standard airworthiness certificate and 
conduct their operations in accordance with the standards outlined in 
Annex 2 would be eligible to operate over the high seas.
    The requirements for the international operation of powered-lift 
are discussed in more detail in section VIII of this preamble.

E. Summary of the Costs and Benefits

    Operations with powered-lift are anticipated to offer benefits over 
traditional airplanes and rotorcraft. A report published by the U.S. 
Government Accountability Office (GAO) stated that many of these newer 
category of aircraft could be easier to design, simpler to construct, 
less complicated to maneuver, quieter to fly, and more economical to 
operate compared to traditional aircraft.\7\ Many use cases for these 
aircraft are envisioned, and this rulemaking is a step toward those use 
cases coming to realization.
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    \7\ Transforming Aviation: Stakeholders Identified Issues to 
Address for `Advanced Air Mobility' [verbar] U.S. GAO.
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    While operators choosing to conduct operations with powered-lift 
would incur costs to comply with regulations proposed in this NPRM, 
these costs would be on a scale equivalent to those incurred by 
operators choosing to conduct operations with airplanes or rotorcraft 
under similar regulations. Likewise, costs imposed on individuals that 
choose to accomplish the required training and testing required to hold 
an airman certificate with a type rating in the powered-lift category 
would be on a scale equivalent to those incurred by individuals 
accomplishing training and testing to hold an airman certificate with a 
type rating in the airplane or rotorcraft category. In other words, the 
costs imposed on operators and individuals that choose to comply with 
regulations proposed by this rule would be no more burdensome than the 
costs incurred by entities and individuals complying with corresponding 
airplane and rotorcraft regulations that are already in effect.
    However, to address the significant operational differences between 
each powered-lift, the FAA is proposing to require the PIC of a 
powered-lift to hold a type rating for the aircraft. The FAA has 
determined that requiring persons to hold type ratings for powered-lift 
would establish the appropriate level of safety, greater than would be 
established by only holding a powered-lift category rating, by ensuring 
persons receive adequate training and are tested on the unique design 
and operating characteristics of each powered-lift.\8\
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    \8\ Official FAA forecasts related to the operation of powered-
lift in the NAS have yet to be developed. Thus, a forecast for the 
number of pilots expected to conduct operations under part 135 or 91 
was prepared solely to estimate costs imposed by this proposed SFAR. 
These costs include adding a type rating for powered-lift to an 
airman certificate. At this time, forecasts do not include an 
estimate for individuals seeking to operate powered-lift for 
personal use. Forecasts were developed using publicly available data 
related to orders and options for powered-lift.
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    The proposals in this NPRM can generally be grouped by those rules 
affecting airman certification and those rules enabling powered-lift to 
conduct operations under parts 91, 97, 135, and 136. For certification 
of airmen with a type rating in powered-lift, the FAA proposes 
alternative aeronautical experience and logging requirements. For the 
operational rules, the FAA proposes to apply specific airplane, 
rotorcraft, or helicopter rules to powered-lift, as appropriate. The 
FAA performed an analysis of each proposal in this NPRM and its impact. 
An overview of this analysis is included in the Regulatory Evaluation 
portion of this preamble. A regulatory impact analysis has also been 
prepared for this NPRM and can be found in the docket for this proposed 
rule.
    The following table presents a summary of the primary estimates of 
the quantified costs of this rule, as well as estimates for a 
pessimistic and optimistic scenario. This analysis provides a range of 
costs from low to high based on these scenarios. The FAA considers the 
primary estimate of costs to be the base scenario. For the primary 
estimate, over a 10-year period of analysis this rule would result in 
present value costs of about $30.5 million at a three percent discount 
rate with annualized net costs of about $3.6 million. At a seven 
percent discount rate, the present value net costs are about $24.1 
million with annualized net costs of $3.4 million.
    Additional details are provided in the Regulatory Evaluation 
section of this proposed rule and in the Regulatory Impact Analysis 
available in the docket for this rulemaking.

                                        Table 1--Quantified Costs of NPRM
                                                 [Millions $] *
----------------------------------------------------------------------------------------------------------------
                                                      10-Year                         10-Year
                Forecast scenario                  present value    Annualized     present value    Annualized
                                                       (3%)            (3%)            (7%)            (7%)
----------------------------------------------------------------------------------------------------------------
Base--Primary Estimate..........................           $30.5            $3.6           $24.1            $3.4
Pessimistic.....................................            27.4             3.2            21.0             3.0
Optimistic......................................            33.7             4.0            27.3             3.9
----------------------------------------------------------------------------------------------------------------
Table notes: Columns may not sum to total due to rounding. Estimates are provided at three and seven percent
  discount rates per Office of Management and Budget (OMB) guidance.

F. SFAR Framework and Duration

    The NPRM will enable powered-lift operations on a temporary basis 
and provide the FAA an opportunity to assess the operations and 
establish a comprehensive regulatory scheme.
    In the past, when the FAA has found that it lacks sufficient 
experience regarding new operations, the use of an SFAR has been an 
effective way to gain such experience while enabling some degree of 
limited operations. Such SFARs have typically temporarily enacted 
conservative safety approaches to enabling operations, allowing both 
the FAA and industry to observe those operations and then subsequently 
make safety improvements in a later permanent change to the 
regulations. An example of this approach exists within

[[Page 38951]]

the FAA's SFAR No. 29, which dealt with instrument helicopter 
operations.
    In considering this approach, the FAA recognizes that several 
limited permanent changes will need to be made to various regulations 
to enable a more comprehensive SFAR covering powered-lift. This NPRM 
proposes both limited permanent changes and an SFAR to facilitate 
powered-lift operations and permit the FAA to gather data and better 
understand what a comprehensive permanent regulatory framework should 
look like.
    Because the SFAR will affect several parts of 14 CFR, the FAA has 
determined that the most clear and comprehensive regulatory approach is 
through the creation of a new part to wholly contain the proposed SFAR. 
Specifically, the FAA proposes to add a new part 194, titled ``Special 
Federal Aviation Regulation No. 120--Powered Lift: Pilot Certification 
and Training; Operations Requirements,'' to 14 CFR under new subchapter 
L, titled ``Other Special Federal Aviation Regulations.'' New part 194 
would utilize the traditional regulatory structure to supplement 
existing rules, create temporary alternatives for airman certification, 
remove operational barriers, and mitigate safety risks for powered-
lift. As a result, requisite applicability revisions are proposed to 
parts 43, 60, 61, 91, 97, 111, 135, 136, 141, and 142 to clearly 
communicate that current regulations are intended to operate in tandem 
with proposed part 194, as subsequently discussed in this preamble. The 
FAA considers this approach to be consistent with previous rulemakings 
where, at initial inception, rotorcraft and helicopter regulations had 
similar requirements to the airplane rules. Helicopters were given 
relief or granted other minimums unique to their operation after an 
evaluation period provided by an SFAR.
    The FAA is proposing that the SFAR be in effect for ten years after 
finalization of this proposed rulemaking. In selecting ten years as the 
appropriate duration for this SFAR, the FAA considered a number of 
factors including the time it will take to initiate operations after 
the adoption of this notice of proposed rulemaking (NPRM) as a final 
rule, considering the type certification status of the powered-lift 
that are commercially viable. After operators initiate commercially 
viable operations, the FAA also considered the appropriate length of 
time to collect operational data, and then complete a subsequent 
rulemaking to implement permanent amendments.

II. Authority for This Proposed Rulemaking

    The 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 Administrator. Subtitle VII, Aviation 
Programs, describes in more detail the scope of the FAA's authority.
    The FAA is issuing this proposal under the authority described in 
Subtitle VII, Part A, Subpart i, Section 40113, Administrative, and 
Subpart iii, Section 44701, General Requirements; Section 44702, 
Issuance of Certificates; Section 44703, Airman Certificates; Section 
44704, Type Certificates, Production Certificates, Airworthiness 
Certificates, and Design and Production Organization Certificates; 
Section 44705, Air Carrier Operating Certificates; and Section 44707, 
Examination and Rating of Air Agencies. Under these sections, the FAA 
prescribes regulations and minimum standards for practices, methods, 
and procedures necessary for safety in air commerce, including the 
authority to examine and rate civil schools and prescribe regulations 
to ensure the competency of instructors. The FAA is also authorized 
under these sections to issue certificates, including airman 
certificates, type certificates, and air carrier operating 
certificates, in the interest of safety.
    This rulemaking is also proposed under the authority described in 
Subtitle VII, Part A, Subpart iii, Section 44712, Emergency Locator 
Transmitters; Section 44713, Inspection and Maintenance; 44715, Noise 
and Sonic Boom; 44716, Collision Avoidance Systems; and 44722, Winter 
conditions. These sections direct the Administrator to prescribe 
regulations to govern the use of emergency locator transmitters and 
collision avoidance systems, the standards for inspecting and 
performing maintenance on aircraft, and regulations to control aircraft 
noise and safety risks related to winter conditions, respectively.
    This proposed rulemaking is issued under the authority described in 
each of the previously discussed sections of Title 49 of the United 
States Code.

III. Background

A. General

    Powered-lift are unique in their ability to take off and land 
vertically like helicopters, and fly like an airplane during cruise 
flight. They can operate in different flight regimes utilizing features 
of helicopters or airplanes or both. The flight controls for such 
aircraft are also often unique to the individual aircraft design and 
can incorporate both traditional helicopter and airplane controls, or 
control systems that are dissimilar to either helicopters or airplanes. 
Likewise, the flight characteristics for powered-lift vary depending on 
the aircraft design and the different modes in which they operate.
    The FAA began to contemplate the integration of powered-lift into 
the regulations in the 1990s. Specifically, in 1995, the FAA published 
an NPRM titled ``Pilot, Flight Instructor, Ground Instructor, and Pilot 
School Certification Rules.'' \9\ The NPRM was drafted in anticipation 
of industry developing powered-lift to subsequently enter the civilian 
market. The FAA noted that powered-lift would require new pilot skills 
and abilities because the aircraft have VTOL capabilities but fly like 
airplanes at higher altitudes and airspeeds.
---------------------------------------------------------------------------

    \9\ Pilot, Flight Instructor, Ground Instructor, and Pilot 
School Certificate Rules; NPRM, 60 FR 41160, 41165 (Aug. 11, 1995).
---------------------------------------------------------------------------

    At that time, the FAA considered various approaches to pilot 
certification for powered-lift, including whether powered-lift should 
be a separate aircraft category or whether a powered-lift class rating 
should be created within the rotorcraft category. The FAA also 
considered powered-lift class ratings, such as tilt-rotor, tilt-wing, 
ducted fan, and vectored thrust; and whether to require a type rating 
for every make and model of powered-lift. Ultimately, the FAA proposed 
adding a new powered-lift airman certification category of aircraft 
without associated class or type ratings.\10\
---------------------------------------------------------------------------

    \10\ Pilot, Flight Instructor, Ground Instructor, and Pilot 
School Certification Rules, NPRM 60 FR 41160, 41165 (Aug. 11, 1995).
---------------------------------------------------------------------------

    Some commenters objected, stating that a proposal to add powered-
lift as an aircraft category was premature because there were no 
powered-lift on the market and no evidence that powered-lift would find 
applications in the civil marketplace. Commenters also noted that the 
FAA was not proposing operating rules to accompany the pilot 
certification standards. The FAA published the final rule on April 4, 
1997,\11\ and introduced the powered-lift category into the airmen 
certification rules and various other parts of the regulations. In 
response to commenter concerns, the FAA reasoned that the regulations 
were necessary because the existing pilot certification standards did 
not adequately reflect the powered-lift certification requirements and 
were not drafted with the intent of certificating

[[Page 38952]]

powered-lift pilots.\12\ The FAA emphasized that its regulations must 
evolve to accommodate advancements in aviation technology and 
considered the introduction of powered-lift as an aircraft category to 
be a necessary first step in building a regulatory framework for 
powered-lift.
---------------------------------------------------------------------------

    \11\ Flight Instructor, Ground Instructor, and Pilot School 
Certification Rules; Final Rule, 62 FR 16220, 16231 (Apr. 4, 1997).
    \12\ Id.
---------------------------------------------------------------------------

    Following the publication of the final rule, the FAA intended to 
update the operating rules. However, operational rulemaking initiatives 
never came to fruition because the market evolved differently than the 
FAA had envisioned and powered-lift did not enter the civilian market 
as quickly as the FAA anticipated. The FAA notes that in the years 
since the pilot certification rules were revised to include powered-
lift in 1997, industry has developed new aircraft varying widely in 
complexity of operation. The powered-lift currently undergoing the type 
certification process are comparatively more sophisticated than the 
simple and uniform models of powered-lift proposed in the 1990s.
    Currently, the FAA has several powered-lift in the type 
certification process. The powered-lift coming to the civilian market 
have varied greatly in design, flight, and handling characteristics 
with varying degrees of automation, more so than what was originally 
anticipated when applicants initially sought certification of powered-
lift.
    While none of the powered-lift for which type certification is 
being sought have yet been approved for civilian use, the powered-lift 
industry has identified many potential uses for these aircraft. The FAA 
anticipates the introduction of aircraft that vary in size and 
passenger seating configuration and employ both new and traditional 
kinds of propulsion systems into the civilian market. The initial 
expected entrant is the manufacturer of a four-passenger powered-lift 
with a maximum gross takeoff weight of 4,800 lbs., which is progressing 
through the FAA's type certification process.\13\ This manufacturer 
proposed a powered-lift using six tilting electric engines with 5-blade 
propellers attached to a conventional wing and V-tail. The powered-lift 
has the characteristics of both a helicopter and an airplane and is 
intended to be used for operations under parts 91 and 135, with a 
single pilot onboard, under visual flight rules.
---------------------------------------------------------------------------

    \13\ 87 FR 67399 (Nov. 8, 2022).
---------------------------------------------------------------------------

    The FAA has previously described powered-lift as useful for civil 
applications, as these aircraft have ``vertical take-off and landing 
and hovering capability like helicopters,'' and are able to cruise and 
``fly at higher airspeeds like airplanes.'' \14\ This airspeed 
differentiation could result from aircraft configuration changes such 
as tilt-wing, tiltrotor, or tilt-propeller; thrust vectoring; direct-
lift engines; or other means.
---------------------------------------------------------------------------

    \14\ 60 FR 41165.
---------------------------------------------------------------------------

    Manufacturers and initial operators of powered-lift indicate 
operations with powered-lift could offer many benefits over rotorcraft. 
For example, some powered-lift are capable of transporting heavier 
loads at higher altitudes and faster cruise speeds than rotorcraft. 
Such capability may increase efficiency in transporting crew and 
material to remote locations such as off-shore oil rigs and add 
diversity when considering landing points available that are currently 
available to helicopters and not airplanes. Certificate holders seeking 
to take advantage of these capabilities may also seek to use powered-
lift for transporting passengers from point-to-point; for example, such 
transportation could occur from a heliport and proceed at turboprop 
airspeeds and ranges. Other opportunities may also exist in 
concentrated urban environments, where short point-to-point distances 
coupled with vertical capability may allow for more efficient 
transportation of passengers than existing ground transportation 
methods.

B. Related Rulemakings

    The FAA is engaging in a multi-step process of updating the 
regulations that apply to powered-lift that traditionally have not 
operated in air carrier and commercial operations. On December 7, 2022, 
the FAA published the Update to Air Carrier Definitions NPRM.\15\ As it 
pertains to this NPRM, the Update to Air Carrier Definitions NPRM 
proposed to amend the regulatory definitions in part 110, General 
Requirements, to add powered-lift to the definitions of ``commuter 
operation'' and ``on-demand operation.'' The definitions in part 110 
apply to all operations under 14 CFR chapter I, subchapter G, which 
includes parts 119 and 135.\16\ In accordance with Sec.  119.21, all 
commuter and on-demand operations must be conducted in accordance with 
part 135.\17\ Accordingly, powered-lift must be added to the 
definitions of commuter operation and on-demand operation before 
powered-lift may be operated under part 135. For both definitions, the 
FAA proposed that powered-lift be added consistent with the existing 
requirements for airplane. As a result, all the part 135 proposals in 
this NPRM are based on an underlying premise that powered-lift is 
included in the definitions of commuter operation and on-demand 
operation. These proposals include the pilot certification proposals 
based on completion of a part 135 training curriculum, the part 135 
training and qualification proposals, and the part 135 operational rule 
proposals. The FAA will reconcile this proposal with the Update to Air 
Carrier Definitions final rule as appropriate.
---------------------------------------------------------------------------

    \15\ RIN 2120-AL80, 87 FR 74995.
    \16\ See 14 CFR 110.1 and 110.2.
    \17\ See 14 CFR 119.21(a)(4) and (5).
---------------------------------------------------------------------------

    Additionally, on December 12, 2022, the FAA published the ``Airman 
Certification Standards and Practical Test Standards for Airmen; 
Incorporation by Reference'' (ACS IBR) NPRM.\18\ As it pertains to this 
NPRM, the ACS IBR NPRM proposed to revise certain part 61 regulations 
to incorporate the Airman Certification Standards (ACS) by reference 
into the requirements for powered-lift pilot and flight instructor 
certification. The ACSs establish the standard for what an applicant 
must know, consider, and do to demonstrate proficiency to pass the 
practical tests required for issuance of the applicable airman 
certificate or rating. Specifically, for powered-lift, the ACS IBR NPRM 
proposed to incorporate by reference the ACSs for the following: 
Airline Transport Pilot and Type Rating for Powered-Lift Category, 
Commercial Pilot for Powered-Lift Category, Private Pilot for Powered-
Lift Category, Instrument Rating-Powered-Lift, Flight Instructor for 
Powered-Lift Category, and Flight Instructor Instrument Powered-Lift. 
Several proposals in this NPRM are based on the proposed incorporation 
of the powered-lift ACSs. Therefore, throughout the remainder of this 
NPRM, the FAA presumes that the powered-lift ACSs are incorporated by 
reference as proposed. The FAA will reconcile this proposal with the 
ACS IBR final rule as appropriate.
---------------------------------------------------------------------------

    \18\ 87 FR 75955.
---------------------------------------------------------------------------

C. Part 1 Considerations

    The FAA first notes that throughout this preamble and proposed 
regulatory text, the FAA utilizes certain terms that are defined in 14 
CFR part 1. Currently, part 1 applies only to subchapters A through L 
of 14 CFR chapter I. In 1966, 14 CFR part 1 was originally limited in 
scope to apply to Federal Aviation Regulations (i.e., subchapters A 
through L) specifically because the agency codified certain subchapters 
in chapter I that were unrelated to aviation safety

[[Page 38953]]

rules \19\ at that time.\20\ As discussed in this preamble, the FAA 
proposes to add subchapter L, which will contain the proposed SFAR in 
new part 194 (i.e., aviation safety rules). To apply the definitions as 
set forth in part 1 to proposed subchapter L, and given the relocation 
or deletion of certain non-aviation safety related regulations within 
chapter I, the FAA proposes to expand applicability of part 1 to apply 
to the entirety of 14 CFR chapter I.\21\ This expansion would be 
effectuated through revisions to the introductory text of Sec. Sec.  
1.1, 1.2, and 1.3(a).
---------------------------------------------------------------------------

    \19\ For example, employee conduct was regulated through chapter 
I, subchapter O.
    \20\ Limitation of Applicability to ``Federal Aviation 
Regulations,'' Final Rule, 31 FR 5054 (Mar. 29, 1966).
    \21\ Applicability of part 1 would also expand to subchapter N 
(part 198, pertaining to aviation insurance), however, the FAA does 
not foresee substantive changes as a result.
---------------------------------------------------------------------------

IV. Powered-Lift Type Certification and FSTD Qualification

A. Type Certification

    The FAA is not proposing to establish any new requirements for the 
type certification of powered-lift, nor is it proposing to revise 
existing type certification requirements. The FAA has determined that 
existing aircraft certification regulations are appropriate to type 
certificate powered-lift.
    The FAA's rules for designating the applicable regulations for 
type-certificated products are in 14 CFR 21.17. Most products that have 
existing airworthiness standards (airplanes, rotorcraft, balloons, 
engines, and propellers) are type certificated in accordance with Sec.  
21.17(a). In general, the requirements for airplane type certification 
are in part 23 or 25, and rotorcraft are in part 27 or 29.
    The FAA utilizes a tiered level of safety for the minimum 
certification standards for airplanes and rotorcraft and has 
established applicability standards to determine which minimum standard 
may be used for the certification of a particular aircraft. Part 23 
provides the minimum certification standards for normal category 
airplanes, applicable to airplanes that have a passenger seating 
configuration of 19 or less and a maximum certificated takeoff weight 
of 19,000 pounds or less. Part 25 provides the minimum certification 
standards for transport category airplanes, applicable to airplanes 
that have a passenger seating configuration of 20 or more or a maximum 
certificated takeoff weight of greater than 19,000 pounds. Part 27 
provides the minimum certification standards for normal category 
rotorcraft, applicable to rotorcraft that have a passenger seating 
configuration of 9 or less and a maximum weight of 7,000 pounds or 
less. Part 29 provides the minimum certification basis for transport 
category rotorcraft, applicable to rotorcraft with a passenger seating 
configuration of 10 or more or a maximum weight of more than 7,000 
pounds. An applicant seeking to certificate a normal category airplane 
or rotorcraft under part 23 or 27, respectively, can request to use the 
higher certification standards of part 25 or 29 for such aircraft.
    For aircraft for which the FAA has not established airworthiness 
standards under subchapter C of chapter I of 14 CFR (e.g., gliders, 
airships, powered-lift, very light airplanes), the FAA uses the special 
class aircraft process in Sec.  21.17(b). The special class process was 
created to address the novel features of unique and nonconventional 
aircraft without the need for additional processes such as special 
conditions or exemptions that would be required if the FAA used the 
airworthiness standards in place under existing parts of title 14.\22\ 
Using the special class process, the FAA designates airworthiness 
requirements as the certification basis for each aircraft design, 
including its engines and propellers.\23\ The FAA may designate 
appropriate and applicable airworthiness requirements from the existing 
airworthiness standards in parts 23, 25, 27, 29, 33, and 35, and it may 
also include unique airworthiness criteria developed specifically for 
the individual product, that provide an equivalent level of safety to 
existing standards.\24\ The FAA has not yet established powered-lift 
airworthiness standards in subchapter C of chapter I of 14 CFR. 
Therefore, the FAA has determined that powered-lift will be type-
certificated as a special class aircraft.
---------------------------------------------------------------------------

    \22\ For products type certificated in accordance with Sec.  
21.17(a), the FAA may issue special conditions when it determines 
that existing airworthiness regulations do not provide adequate or 
appropriate safety standards because of a novel or unusual design 
feature of the product. Special conditions are issued in accordance 
with 14 CFR part 11 and contain such safety standards for the 
product as the FAA finds necessary to establish a level of safety 
equivalent to that established in the regulations. The FAA may grant 
an exemption from the requirements of a regulation when an applicant 
petitions for relief under 14 CFR part 11.
    \23\ Applicants of special class aircraft who propose engine 
and/or propeller designs with their aircraft will have the engine 
and propeller approved with the aircraft type certificate. This 
would result in a certification basis that includes criteria for the 
aircraft, engine, and/or propeller. Alternatively, applicants 
seeking certification for special class aircraft may propose the 
installation of engines and/or propellers that have been issued 
their own type certificate, which would result in a certification 
basis with criteria for only the aircraft. The engine and propeller 
would be type certificated under parts 33 and 35, respectively.
    \24\ For certain special classes of aircraft, the FAA has 
designated airworthiness criteria in an advisory circular (AC): AC 
21.17-1A for airships, AC 21.17-2A for gliders, and AC 21.17-3 for 
very light airplanes (VLA). Currently, the FAA expects to issue 
airworthiness criteria for powered-lift, specific to the particular 
applicant. Although the FAA is not publishing an AC for powered-lift 
airworthiness criteria with this proposed rulemaking, the agency may 
publish powered-lift airworthiness standards through a future AC or 
rulemaking.
---------------------------------------------------------------------------

    To type-certificate powered-lift as a special class aircraft, the 
FAA must designate airworthiness requirements as the certification 
basis for that aircraft, which provide an equivalent level of safety to 
existing airworthiness standards. When conducting the evaluation for 
determining an equivalent level of safety, the FAA will consider 
characteristics of the particular aircraft such as the aircraft size, 
seating capacity, and performance, among other things, in comparison to 
the capabilities of aircraft type-certificated under the existing 
airworthiness standards for airplanes and rotorcraft. When establishing 
the certification basis for a specific powered-lift project, the FAA 
will publish the proposed airworthiness criteria, including an 
explanation of its equivalency determination, in the Federal Register 
for public notice and comment.\25\
---------------------------------------------------------------------------

    \25\ E.g., see: Airworthiness Criteria: Special Class 
Airworthiness Criteria for the Joby Aero, Inc. JAS4-1 Powered-Lift, 
87 FR 67399 (Nov. 8, 2022).
---------------------------------------------------------------------------

    In certain instances, specific airworthiness or aircraft equipage 
requirements for the issuance of a type certificate may not be 
sufficient to meet the requirements of a particular operating rule or 
operation. Applicants seeking type design approval for powered-lift 
should identify areas where additional approvals are required to 
support the anticipated operational use of the aircraft to avoid having 
to obtain a subsequent type design change approval. In the case where 
an approved aircraft type-design does not include the required 
approvals or aircraft equipage needed for a specific operation or 
operating rule, then a type design change may be required to enable the 
use of that aircraft.
    In certain cases, the operational rules in parts 91 and 135 cite 
specific airworthiness standards from the certification rules in part 
23, 25, 27 or 29. When an airworthiness standard is referenced in a 
particular operating rule, those specific standards listed may or may 
not be used in their entirety due to some of the designs unique to each 
particular aircraft. When a particular airworthiness certification 
standard is

[[Page 38954]]

referenced, but it is not practical to use that standard in its 
entirety due to the design of the powered-lift, then to maintain an 
equivalent level of safety, the FAA will determine which existing 
airworthiness standards apply, or if another standard must be created. 
For example, Sec. Sec.  91.609 and 135.152, the regulations requiring 
flight data recorders (FDR), both point to specific airworthiness 
standards found within part 23, 25, 27, or 29. In this case, the FAA 
will review the requirements contained within parts 23, 25, 27, and 29 
and determine which standard or set of standards would apply, or if the 
FAA needs to create a new standard to ensure the data captured achieves 
an equivalent level of safety in these novel aircraft designs.
    In an additional example, certain powered-lift type-certificate 
applicants may want their aircraft to have the capability to use Copter 
Procedures under part 97, which would require the aircraft to have 
specific equipage and stability capabilities equivalent to either 
appendix B to part 27 or 29 as part of the type-certification approval. 
The identified standards in each of the examples would be included in 
the aircraft's certification basis.
    Throughout this preamble and the SFAR, the FAA applies certain 
operating regulations to large powered-lift that currently apply to 
large transport category airplanes. The FAA evaluated the weight 
parameters for both transport category airplanes and transport category 
rotorcraft and determined that the weight limit for large aircraft, 
which is 12,500 pounds (lbs.) and falls between the airplane (19,500 
lbs.) and rotorcraft (7,500 lbs.) transport category weight limits, 
would be an appropriate weight at which to apply airplane transport 
category standards to powered-lift.
    This approach is consistent with the agency's approach to type 
certification of powered-lift under Sec.  21.17(b), in that the agency 
has previously identified 12,500 lbs. as an appropriate weight at which 
to apply certain transport category certification standards from part 
25, even though the powered-lift may weigh less than 19,500 lbs. 
Accordingly, small powered-lift, weighing less than 12,500 lbs., would 
not be subject to transport category standards except in one instance 
in subpart I of part 135 (Sec.  135.397(b)), where a small powered-lift 
with more than 19 seats would be subject to certain airplane 
performance operating limitations. The FAA invites comment on whether 
the public believes there is a more appropriate weight at which to 
apply transport category airplane regulations to powered-lift.

B. Noise Considerations

    The FAA is statutorily required to protect the public from aircraft 
noise by adopting noise standards and operating regulations as 
necessary. Noise certification regulations are contained in 14 CFR part 
36 for jet airplanes, small airplanes, rotorcraft and tiltrotors. Given 
recent technological advancement regarding fabrication of small and 
powerful electric motors, actuators, and advance control system 
technologies, manufacturers have started to apply these technologies in 
the design and development of highly individualized and novel aircraft 
that are significantly different from the legacy conventional aircraft 
categories defined in the current noise certification standards of part 
36. Such anticipated new entrant aircraft are expected to offer 
capabilities that range from a single-pilot recreational all-electric 
VTOL aircraft to piloted, powered-lift, multi passenger air taxis.
    Rather than use the existing requirements for small propeller 
airplanes, jet transport airplanes, helicopters, or tiltrotors in part 
36, such diverse conceptual designs may require noise certification 
requirements that are tailored to these new aircraft types. The FAA 
will examine each application and determine whether existing part 36 
requirements are appropriate as a noise certification basis, as it does 
for all noise certification applicants. If the current regulations 
cannot be applied appropriately, the FAA may promulgate a rule of 
particular applicability to establish a noise certification basis for a 
new aircraft design. The dynamic noise sources from these aircraft have 
been shown to be complex, and the FAA does not yet have much data on 
the aircraft types and noise signatures expected from these new 
entrants. Accordingly, until sufficient data are collected, the FAA 
would not be able to promulgate standards of general applicability for 
these aircraft.
    The FAA invites comment on whether any manufacturer anticipates 
undergoing noise certification as a turbojet-powered-lift as required 
in accordance with part 36. If a turbojet-powered-lift certification 
applicant begins the noise certification process, the FAA would propose 
to amend the SFAR to include the operating noise limits in subpart I of 
part 91 as applicable to turbojet-powered-lift. The FAA also seeks 
comment on this approach to the noise certification of turbojet-
powered-lift.

C. Qualification of Powered-Lift Flight Simulation Training Devices 
(FSTD)

    Part 60 prescribes the rules governing the initial and continuing 
qualification of all aircraft Flight Simulation Training Devices 
(FSTDs), which includes full flight simulators (FFSs) and flight 
training devices (FTDs) \26\ used to meet the training, evaluation, or 
flight experience requirements for flightcrew member certification or 
qualification. These rules apply to each person using or applying to 
use an FSTD to meet any requirement in 14 CFR chapter I, including in 
parts 61, 91, 135, 141, and 142.\27\ As specified in Sec.  60.11(b), no 
person may use nor allow the use of an FSTD for flightcrew member 
training or evaluation, or for obtaining flight experience, unless the 
FSTD is qualified under part 60.\28\ In accordance with Sec.  60.15, 
the FAA qualifies each FSTD at a specific level if that FSTD meets the 
applicable Qualification Performance Standards (QPS).\29\ The QPS are 
published in the following appendices to part 60: A for airplane FFSs, 
B for airplane FTDs, C for helicopter FFSs, D for helicopter FTDs, E 
for the quality management system for all FSTDs, and F for definitions 
and abbreviations applicable to part 60. While appendices E and F will 
apply to powered-lift FSTDs, the FAA has not yet established the QPS 
for powered-lift FSTDs.
---------------------------------------------------------------------------

    \26\ See 14 CFR 1.1, which defines for FFSs and FTDs.
    \27\ 14 CFR 60.1.
    \28\ 14 CFR 60.11 specifies additional requirements that must be 
met for FSTD use.
    \29\ FFSs are qualified as levels A through D; FTDs are 
qualified as levels 4 through 7.
---------------------------------------------------------------------------

    In recent years, rapid technological advancements in powered-lift 
have progressed across the industry, particularly with electric 
vertical takeoff and landing (eVTOL) aircraft. Many powered-lift are in 
various stages of development with many different unique designs and 
operating characteristics. Due to the wide variation of powered-lift 
and rapid pace of development, the FAA has determined that developing a 
new FSTD standard for powered-lift aircraft within the part 60 QPS 
framework would be premature, as any new FSTD standard may quickly 
become obsolete or inapplicable. As previously discussed, one intention 
of the SFAR is to inform the FAA of sufficient operational data of 
emerging powered-lift to establish future permanent regulations, 
including that information required to develop a powered-lift FSTD QPS.
    The FAA recognizes, however, that powered-lift FSTDs are currently 
in development and emphasizes the need

[[Page 38955]]

to evaluate powered-lift FSTD fidelity and capability, much like 
airplane and helicopter FSTDs are evaluated.\30\ Therefore, to enable 
the qualification of FSTDs for use in pilot training for powered-lift 
aircraft, the FAA is proposing to add flexibility to part 60 in 
proposed Sec.  194.105 to permit qualification of FSTDs of powered-lift 
using components of existing standards for airplanes and helicopters in 
appendices A through D to part 60, where applicable, as determined by 
the FAA, that would provide an equivalent level of safety to existing 
QPS components.
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    \30\ The FAA has long recognized the safety advantages of flight 
training in FSTD. In many cases, flight simulators have proven to 
provide more in-depth training than can be accomplished in the 
aircraft. In particular, flight simulators allow training for 
emergency situations, such as fire, total loss of thrust, and 
systems failures that cannot be safely conducted in flight. See 61 
FR 34508 (July 2, 1996).
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    While many of the existing FSTD qualification standards in the part 
60 QPS may be applicable for evaluation of FSTDs representing powered-
lift (e.g., general flight deck configuration requirements), due to the 
unique characteristics of the many possible powered-lift designs and 
associated pilot training requirements, alternate testing and 
evaluation methods may be required to fully validate the 
characteristics of those FSTDs to support the required training (e.g., 
transition modes from thrust-borne to wing-borne lift).
    In these instances where existing standards are not found to be 
sufficient to fully evaluate an FSTD for a special class of aircraft, 
other FSTD qualification standards as proposed by the FSTD sponsor may 
be accepted by the Administrator as providing an equivalent level of 
safety. When establishing the qualification basis, the FAA will publish 
the proposed standard in the Federal Register for public notice and 
comment, including an explanation of the FAA's safety determination. 
The ability to qualify an FSTD for powered-lift in this manner, as well 
as the notice and comment process, would closely follow the established 
process used to certify special classes of aircraft as described in 
Sec.  21.17(b).
    While deviation authority currently exists in Sec.  60.15(c)(5) for 
the initial qualification of FSTDs using alternate FSTD standards, the 
scope of the deviation authority does not extend to the qualification 
of FSTDs representing new categories of aircraft such as powered-lift. 
The FAA added deviation authority to Sec.  60.15(c)(5), to deviate from 
the technical requirements in the part 60 QPS applicable to airplane 
and helicopter FFSs and FTDs.\31\ Therefore, deviations issued in 
accordance with Sec.  60.15(c)(5) may apply only to FSTD qualification 
where standards currently exist in the QPS of part 60 (currently 
airplanes or helicopters).
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    \31\ 81 FR 18205. Additionally, Sec.  60.15(c)(5)(ii) states 
that deviation may only be considered from minimum requirements 
tables, objectives testing tables, functions and subjective testing 
tables, and other supporting tables and requirements in the part 60 
QPS in appendices A through D.
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    The FAA recognizes that, there are current FSTD qualification 
projects in process with the FAA through deviation authority found in 
part 60. Additionally, a small number of sponsors and manufacturers 
have applied for and obtained deviation for powered-lift FSTDs. The FAA 
notes that, while these persons have been granted deviations, there are 
currently no qualified powered-lift FSTDs as an outgrowth of these 
deviations because the powered-lift represented by the FSTD are not yet 
type-certificated, which is a contingency of deviation. The FAA will 
collaborate with these sponsors and manufacturers, as well as those 
with qualification projects in process, to accommodate an efficient 
transition to this new framework that does not result in a 
qualification gap.
    Additionally, due to the high level of interest in the advancement 
of Advanced Air Mobility (AAM) aircraft, the FAA is aware of several 
international working groups, including consensus standards 
organizations that are in various stages of developing FSTD standards 
for powered-lift. While there are no such consensus standards currently 
published for use in FSTD qualification, the FAA anticipates 
forthcoming published standards. The FAA notes that these consensus 
standards may be considered during the qualification of powered-lift 
FSTDs under this part. However, the FAA declines to include them as a 
compulsory basis for qualification given the current lack of consensus 
standards to evaluate against a permanent QPS for powered-lift.

V. Certification of Powered-Lift Pilots

A. Establish a Type Rating Requirement for Persons Seeking To Act as 
PIC of Powered-Lift

    Part 61 prescribes the requirements for issuing pilot and flight 
instructor certificates and ratings, the conditions under which those 
certificates and ratings are necessary, and the privileges and 
limitations of those certificates and ratings.\32\ Pursuant to part 61, 
the FAA issues six levels of pilot certificates: student, sport, 
recreational, private, commercial, and ATP.\33\ The FAA also issues 
category, class, and type ratings on the pilot certificate. To act as 
PIC of any aircraft, a person must hold the category, class, and type 
rating (if class and type rating are applicable) on their pilot 
certificate.\34\ To obtain certificates and ratings, an applicant must 
meet aeronautical experience requirements and successfully complete a 
practical test in an aircraft appropriate to the rating(s) sought.\35\
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    \32\ 14 CFR 61.1(a)(1).
    \33\ 14 CFR 61.5(a)(1).
    \34\ 14 CFR 61.31(d).
    \35\ For most pilot certificates, applicants also must receive 
training or complete home study on aeronautical knowledge areas and 
pass a knowledge test.
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    For the purpose of airmen ratings, ``category'' is defined as a 
broad classification of aircraft (e.g., airplane, rotorcraft, powered-
lift), and ``class'' is defined as a group of aircraft within a 
category that have similar operating characteristics (e.g., single 
engine, multiengine, helicopter).\36\ In 1997, the FAA established a 
powered-lift category rating in part 61 for the private pilot through 
ATP certificates, as well as for the flight instructor certificate in 
anticipation of further developments in aviation technology.\37\ At the 
time of that rulemaking, the FAA determined that it was not feasible to 
establish class ratings within the powered-lift category.\38\ The FAA 
considered whether powered-lift should include class ratings and type 
ratings but ultimately decided not to create powered-lift classes or 
require type ratings for powered-lift beyond the type rating 
requirements set forth in Sec.  61.31(a) (i.e., large aircraft or as 
specified by the Administrator under aircraft type certificate 
procedures).\39\ The FAA concluded that safety needs were met by 
establishing a separate aircraft category only, and requiring a type 
rating for every make and model of powered-lift might discourage the 
development of smaller powered-lift intended for general aviation.\40\
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    \36\ 14 CFR 1.1.
    \37\ Flight Instructor, Ground Instructor, and Pilot School 
Certification Rules; Final Rule, 62 FR 16220 at 16231 (Apr. 4, 
1997).
    \38\ Flight Instructor, Ground Instructor, and Pilot School 
Certification Rules; NPRM, 60 FR 41160 at 41165 (Aug. 11, 1995).
    \39\ Id.
    \40\ Id.
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    In light of powered-lift coming to market, the FAA has reconsidered 
whether a type rating should be required for each type \41\ of powered-
lift.

[[Page 38956]]

This section discusses the current type rating requirements of Sec.  
61.31(a), the challenges with the current regulatory framework in part 
61 for powered-lift, and the FAA's proposal to require the PIC of a 
powered-lift to hold a type rating on their pilot certificate.
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    \41\ The FAA defines type in Sec.  1.1 to mean, in pertinent 
part, a specific make and basic model of aircraft, including 
modifications thereto that do not change its handling or flight 
characteristics and, as used with respect to the certification of 
aircraft, means those aircraft which are similar in design.
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    Section 61.31(a) prescribes when a person must hold a type rating. 
Currently, to act as PIC of a large aircraft \42\ (except lighter-than-
air) or a turbojet-powered airplane, a person must hold a type rating 
for the aircraft on their pilot certificate. Additionally, a person 
must hold a type rating on their pilot certificate for other aircraft 
specified by the Administrator through the aircraft type certificate 
procedures.\43\ To obtain a type rating, a person must receive 
aircraft-specific training and pass a practical test in the aircraft 
for the type rating sought.\44\
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    \42\ Section 1.1 defines ``large aircraft'' as ``aircraft of 
more than 12,500 pounds, maximum certificated takeoff weight.''
    \43\ Aircraft type certification regulations are found in 14 CFR 
part 21. As discussed in section V.H.1 of this preamble, FSBs are 
established when the responsible FAA Aircraft Certification Office 
issues a Type Certificate for large aircraft, turbojet powered 
airplanes, and other aircraft specified by the Administrator through 
the aircraft certification process. Powered-lift will be evaluated 
under the existing FSB process, which will determine the 
requirements for a pilot type rating and develop training objectives 
for the type rating.
    \44\ 14 CFR 61.63(d), 61.157(b).
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    Initially, the FAA required type ratings only for large aircraft 
when passengers were carried onboard or when the large aircraft was 
operated for compensation or hire, and for helicopters that were 
operated by ATPs.\45\ However, in 1965, the FAA expanded the aircraft 
for which it required a person to hold a type rating to all large 
aircraft and small turbojet-powered airplanes.\46\ The FAA explained 
that the speed, complexity, and operating characteristics of large 
aircraft require the PIC to demonstrate their ability to operate the 
large aircraft regardless of the type of activity in which the aircraft 
is engaged.\47\ For small, turbojet-powered airplanes, the FAA 
explained that the performance, environment, and operating 
characteristics of those airplanes are very similar to those of large 
turbojet-powered airplanes.\48\ The FAA determined that, because 
turbojet-powered airplanes are so refined that improper or inept 
handling is likely to be immediately critical, a person must 
demonstrate their competency to operate those airplanes by obtaining a 
type rating for the particular type of airplane involved.\49\
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    \45\ In 1964, 14 CFR 61.15(d) stated that, in addition to 
category and class ratings, the name of each type of large aircraft 
for which a pilot is rated is placed on the person's certificate if 
that type of aircraft is certificated by the Administrator for civil 
operations, and, in the case of ATPs, a helicopter type rating is 
issued for each type of helicopter. In 1964, 14 CFR 61.159 stated 
that for ATP aircraft ratings, the category and class of aircraft 
and type, if it is a helicopter or large aircraft, are placed on the 
person's certificate.
    \46\ Pilot Rating Requirements, Final Rule, 30 FR 11903 (Sep. 
17, 1965).
    \47\ Pilot Rating Requirements, NPRM, 29 FR 13038 (Sep. 17, 
1964).
    \48\ Id.
    \49\ Id.
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    Currently, the FAA's regulatory framework in part 61 allows for the 
issuance of a powered-lift category rating on a pilot certificate. 
Industry has begun developing new powered-lift varying widely in design 
from the relatively simple and uniform models of powered-lift that the 
FAA anticipated in the 1990s. The powered-lift coming to the civilian 
market have complex and unique design, flight, and handling 
characteristics with varying degrees of automation. More specifically, 
powered-lift designs vary in unique configurations from tilt-wing, 
tilt-propeller, lift plus cruise, and tilt plus cruise aircraft. These 
new powered-lift designs are capable of VTOL operations and many are 
also capable of takeoff and landings using wing-borne lift. As a 
result, the flight deck designs require new flight controls, commonly 
referred to as inceptors.\50\ These aircraft have unique flight and 
handling qualities that are managed with indirect flight controls, 
meaning movement of the inceptor does not directly correlate to the 
movement of a specific flight control surface. Because each powered-
lift can have different configurations, unique inceptors, diversified 
flight controls, and complicated and distinctive operating 
characteristics, the FAA has determined that it is still not feasible 
to establish classes within the powered-lift category at this time.
---------------------------------------------------------------------------

    \50\ For purposes of this preamble, the term ``inceptor'' refers 
to a wide variety of non-traditional pilot controls through which 
pilot inputs are managed for the purpose of operating the powered-
lift.
---------------------------------------------------------------------------

    If the FAA were to generalize the training requirements based on 
classification of powered-lift, the training requirements would not 
sufficiently address the unique characteristics of each powered-lift 
that requires specific aircraft training and evaluation to determine 
pilot competency in flying the aircraft. To further underscore this 
need, similar to large aircraft and turbojet-powered airplanes, 
improper or inept handling of certain powered-lift is likely to be 
immediately critical. The kinds of operations envisioned for powered-
lift include low altitude, dense urban environments, and congested 
airspace where there will be little room for error. Pilot knowledge and 
skill in operating powered-lift must be assessed and requiring a type 
rating most effectively accomplishes this safety objective.\51\ 
Finally, to maintain consistency with international standards, ICAO 
requires that, in the absence of establishing powered-lift classes, a 
PIC of a powered-lift must hold a type rating for the aircraft 
flown.\52\
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    \51\ The FAA considered proposing an endorsement for each type 
of powered-lift but determined that it would be insufficient to 
address pilot proficiency for purposes of initial qualification. 
Current endorsements as set forth in Sec.  61.31 generally involve 
limited training on a specific capability (e.g., high performance 
aircraft) and have no independent evaluation of the pilot's 
proficiency.
    \52\ Annex 1, Section 2.1.3.2.
---------------------------------------------------------------------------

    Requiring persons to hold type ratings for powered-lift would 
establish an appropriate level of safety by ensuring persons receive 
adequate training and are tested on the unique design and operating 
characteristics of each powered-lift. Specifically, as discussed in 
section V.H of this preamble, an FSB is typically formed for aircraft 
that require a type rating. The FSB would evaluate each powered-lift on 
a case-by-case basis to determine whether the training recommended by 
the manufacturer would enable the pilot to safely operate the aircraft 
in the NAS. Additionally, the FSB would identify the unique 
characteristics of each powered-lift that require special training. 
Subsequently, these findings are utilized in conjunction with the 
appropriate powered-lift ACS to conduct training and practical tests 
for a type rating, ensuring that an applicant is knowledgeable and 
capable of safely operating the unique powered-lift type.
    Accordingly, the FAA proposes to revise Sec.  61.31(a) by adding a 
new paragraph (a)(3), which would require a person who acts as PIC of a 
powered-lift to hold a type rating for the aircraft. The FAA also 
proposes to redesignate current Sec.  61.31(a)(3), which requires a 
type rating for other aircraft specified by the Administrator through 
aircraft type certificate procedures, as new Sec.  61.31(a)(4). The FAA 
proposes to make a conforming amendment to Sec.  61.5, which sets forth 
the various certificates and ratings that may be issued under part 61. 
Specifically, Sec.  61.5(b)(7) sets forth the aircraft type ratings 
that may be placed on a pilot certificate when the applicant 
satisfactorily accomplishes the training and certification requirements 
for the rating sought.

[[Page 38957]]

These type ratings include the aircraft currently identified in Sec.  
61.31(a) as well as the SIC pilot type rating for aircraft that are 
type-certificated for operations with a minimum crew of at least two 
pilots. The FAA proposes to add a new paragraph (b)(7)(iii) to reflect 
the proposed aircraft type rating for a powered-lift and to redesignate 
current Sec.  61.5(b)(7)(iii) as new Sec.  61.5(b)(7)(iv). With respect 
to current Sec.  61.5(b)(7)(iv), which allows for the issuance of a SIC 
pilot type rating, the FAA has determined that this provision does not 
belong under Sec.  61.5(b)(7), which contains aircraft type ratings, 
because a pilot type rating subject to ``SIC Privileges Only'' is not 
an aircraft type rating.\53\ To more accurately depict the SIC pilot 
type rating as a rating that is placed on a pilot certificate, the FAA 
proposes to relocate the provision that currently exists in Sec.  
61.5(b)(7)(iv) to new Sec.  61.5(b)(9).
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    \53\ There is no practical test required for the issuance of the 
SIC pilot type rating. 14 CFR 61.55(e)(7). A pilot type rating 
subject to ``SIC Privileges Only'' is solely intended to allow 
persons who met the SIC requirements found in Sec.  61.55 to operate 
in international airspace. Second-in-Command Pilot Type Rating, 
Final Rule, 70 FR 45264 (Aug. 4, 2005). See Legal Interpretation to 
Mr. Counsil (Apr. 13, 2012).
---------------------------------------------------------------------------

    In addition to the type-certificated powered-lift that will be 
coming to civil operations, the FAA already has issued special 
airworthiness certificates for experimental purposes in accordance with 
Sec.  21.191 to several powered-lift and anticipates a continuing need 
to issue these special airworthiness certificates as more powered-lift 
are developed.\54\ Because most of these aircraft do not have 
established type ratings, the proposed type rating requirement of Sec.  
61.31 would not apply.\55\ In general, experimental aircraft are not 
subject to the same airworthiness standards as their counterparts 
holding standard airworthiness certificates. For instance, these 
aircraft are not required to satisfy many of the regulatory design, 
build, maintenance, and inspection requirements mandated for aircraft 
holding a standard airworthiness certificate. As a result of these 
differing standards, experimental aircraft are subject to certain 
operational requirements, including restrictions on the purpose of the 
operation,\56\ a general prohibition on operating over densely 
populated areas unless otherwise authorized by the Administrator,\57\ 
and other operating limitations assigned during the aircraft 
certification process to further mitigate risks associated with various 
hazards that may be introduced in experimental aircraft.
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    \54\ The FAA does not anticipate that part 141 pilot schools and 
part 142 training centers will have the capacity to provide training 
and testing for ratings and authorizations for each and every type 
of experimental powered-lift developed. This is particularly true 
for operators of experimental amateur-built powered-lift, amateur 
kit-built powered-lift, and exhibition powered-lift. Therefore, the 
FAA will maintain the current path to certification codified in part 
61, which does not require training under an approved training 
program, for experimental powered-lift pilots at the private pilot 
level and above. See 14 CFR 61.109(e), 61.129(e), 61.163, and 
61.187.
    \55\ Section 61.31(l)(1) excludes all aircraft not type-
certificated as airplanes, rotorcraft, gliders, lighter-than-air 
aircraft, powered-lifts, powered parachutes, or weight-shift-control 
aircraft from Sec.  61.31 applicability. This provision is meant to 
create an exception for aircraft for which there is no established 
category or class rating (e.g., hoverboards, jetpacks). The use of 
the term ``type-certificated'' could create confusion since not all 
aircraft that meet the regulatory definition of airplane or 
rotorcraft will be type certificated. Because this provision could 
be read as conflicting with more specific exceptions for 
experimental aircraft in Sec.  61.31(l)(2), the FAA is proposing to 
clarify the intent of this exception by specifying that the section 
does not require a category and class rating for aircraft that are 
not identified under Sec.  61.5(b).
    \56\ See Sec.  91.319(a)(1), which prohibits a person from 
operating an experimental aircraft for other than the purpose for 
which the certificate was issued.
    \57\ See Sec.  91.319(c), which generally prohibits experimental 
aircraft operations over densely populated areas or in congested 
airways, unless otherwise authorized by the Administrator.
---------------------------------------------------------------------------

    In accordance with Sec.  91.319(i), the Administrator may prescribe 
additional operating limitations for experimental aircraft where 
necessary for safety. The FAA has employed the operating limitations 
issued with an experimental airworthiness certificate to require pilots 
to hold category and class ratings for all experimental aircraft and 
additional authorizations for certain experimental aircraft even when 
no passengers are carried on board.\58\ As with experimental airplanes 
and experimental rotorcraft, the FAA will apply category ratings and 
other authorizations (e.g., the authorization to act as PIC) through 
operating limitations for experimental powered-lift, as warranted.
---------------------------------------------------------------------------

    \58\ The FAA provides guidance to its workforce in FAA Order 
8130.2J, Appendix D, Table D-1, Operating Limitations on how to 
evaluate and apply operating limitations to experimental aircraft.
---------------------------------------------------------------------------

    Additionally, the FAA notes its use of certain terms throughout 
this preamble and the proposed SFAR pertaining to the operation of 
experimental powered-lift. To clearly delineate to whom the FAA is 
referring, the FAA proposes to define, in proposed Sec.  194.103(b), 
the terms ``manufacturer,'' ``instructor pilot,'' and ``test pilot.'' 
First, the FAA proposes to define a manufacturer as any person who 
holds, or is an applicant for, a type or production certificate for an 
aircraft. An amateur builder under Sec.  21.191(g), a builder of a kit 
aircraft under Sec.  21.191(h), or the holder of a restricted category 
type certificate is not considered a manufacturer for purposes of the 
SFAR set forth by proposed part 194.\59\ This definition will draw a 
distinction between persons who are amateur aircraft builders and 
manufacturers with a safety system program and quality control systems 
in place that meet a higher level of safety.
---------------------------------------------------------------------------

    \59\ The FAA notes that ``person'' is defined in Sec.  1.1 as an 
individual, firm, partnership, corporation, company, association, 
joint-stock association, or governmental entity, and includes a 
trustee, receiver assignee, or similar representative of any of 
them. Therefore, a broad range of entities, other than an amateur 
builder or builder of a kit aircraft under Sec.  21.191(g) and (h) 
or a restricted category type certificate holder, could be 
considered manufacturers (e.g., aerospace companies, transportation 
corporations) for purposes of proposed part 194.
---------------------------------------------------------------------------

    The FAA also proposes to define certain pilots employed or used by 
a powered-lift manufacturer, including in a contractor or consultant 
role. First, the FAA proposes to define an instructor pilot as a pilot 
employed or used by a manufacturer of a powered-lift to conduct 
operations of the powered-lift for the purpose of developing a proposed 
training curriculum \60\ and providing crew training. Although some of 
these instructor pilots may hold FAA flight instructor certificates, 
their roles and responsibilities for the manufacturer do not involve 
flight training for meeting FAA airman regulations. Second, the FAA 
proposes to define a test pilot as a pilot employed or used by a 
manufacturer of a powered-lift to conduct operations of the powered 
lift for the purpose of research and development and showing compliance 
with the regulations. Additional discussion on the responsibilities of 
test pilots may be found in section V.D.
---------------------------------------------------------------------------

    \60\ For purposes of this preamble, the term ``proposed training 
curriculum'' refers to the curriculum that the manufacturer is 
developing. The FAA is describing the training curriculum as 
``proposed'' because the curriculum will not be validated at the 
time the instructor pilot provides the training to the test pilot.
---------------------------------------------------------------------------

B. Applicability of the Type Rating Requirement to Military Pilots

    For more than 80 years, the FAA's regulations have allowed military 
pilots to apply for FAA pilot certificates based on their military 
pilot experience.\61\ Currently, Sec.  61.73(a) permits a military

[[Page 38958]]

pilot or former military pilot \62\ who meets certain requirements to 
apply on the basis of their military pilot qualifications for a 
commercial pilot certificate with the appropriate category and class 
rating, an instrument rating with the appropriate aircraft rating, and 
a type rating.\63\ Additionally, Sec.  61.73(g) permits a military or 
former military instructor pilot or pilot examiner to apply for, and be 
issued, a flight instructor certificate with appropriate aircraft 
ratings, provided certain requirements are met.
---------------------------------------------------------------------------

    \61\ 14 CFR 20.149 (1938), Military competence, stated that an 
applicant who has been an active member of certain military branches 
may be deemed competent to have met certain requirements to be 
issued a pilot certificate, including aeronautical knowledge, 
experience, and skill.
    \62\ For purposes of this preamble, references to military 
pilots are inclusive of former U.S. military pilots.
    \63\ While military pilots may receive an FAA certificate 
through their military experience, they must continue to follow FAA 
regulations to exercise their FAA certificate(s) received through 
Sec.  61.73 (e.g., recency of experience requirements in Sec.  
61.57).
---------------------------------------------------------------------------

    Because there are no type-certificated powered-lift to date, there 
are no standard category powered-lift available for civilian pilots to 
obtain certification through the regular pathway of ground training, 
flight training, and successful completion of a knowledge test and 
practical test. The U.S. Armed Forces, however, maintains and uses 
powered-lift in military operations (e.g., the Bell-Boeing V-22 Osprey, 
McDonald-Douglas AV-8 Harrier, F-35B STOVL), where pilots establish 
experience operating these powered-lift.\64\ Therefore, as a result of 
the military pilot competency provisions set forth in Sec.  61.73, the 
only pilots who currently hold commercial pilot certificates with 
powered-lift category ratings, instrument-powered-lift ratings, and 
flight instructor certificates with powered-lift category and 
instrument ratings are military pilots who obtained those certificates 
and ratings under Sec.  61.73, based on their military pilot 
qualifications.
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    \64\ Based on discussions with current and former military 
powered-lift pilots, a military powered-lift pilot will generally 
have between 1,000-2,500 hours of total powered-lift time, which 
includes about 500-1,250 hours of PIC powered-lift time. See 
Recognition of Pilot in Command Experience in the Military and Air 
Carrier Operations, 87 FR 57578, 57580 (Sep. 21, 2022).
---------------------------------------------------------------------------

    Due to the absence of any type-certificated powered-lift, military 
pilots who have received an FAA powered-lift category rating are 
currently limited in their ability to exercise those privileges in 
civil operations. At this time, the only powered-lift that have entered 
civil operations are those that have been issued experimental 
airworthiness certificates.\65\ The FAA anticipates two additional 
avenues for powered-lift to enter civil operations: (1) new FAA type-
certificated powered-lift, or (2) surplus military powered-lift, 
similar to military airplanes and rotorcraft that enter civil 
operations with an experimental or restricted category airworthiness 
certificate. There are no surplus military powered-lift that have come 
into civil operations through the special airworthiness certification 
process, and the FAA does not anticipate surplus military powered-lift 
to enter civil operations in the near term. If this were to occur, the 
FAA will follow the existing regulations, policies, and procedures to 
address surplus military powered-lift as currently used to evaluate 
surplus military airplanes and rotorcraft. Specifically, type ratings 
are designated for surplus military aircraft with civil certificate 
type ratings through the FSB process, which would evaluate each 
respective powered-lift, further discussed in section V.H of this 
preamble.
---------------------------------------------------------------------------

    \65\ For those manufacturers currently developing powered-lift, 
operating limitations pertaining to pilot qualifications may be 
applied to experimental powered-lift. FAA Order 8900.1 Vol. 5, Chap. 
9, Sec. 2.
---------------------------------------------------------------------------

    Under Sec.  61.73(e), an aircraft type rating may be issued to a 
military pilot only for a type of aircraft that has a comparable civil 
type designation by the Administrator. Because there are currently no 
military powered-lift for which comparable civil type ratings have been 
designated, military pilots with powered-lift experience are unable to 
obtain a powered-lift type rating pursuant to Sec.  61.73. As a result, 
military pilots seeking a commercial pilot certificate under Sec.  
61.73 are currently limited to the issuance of a powered-lift category 
rating and an instrument-powered-lift rating.\66\ While these military 
pilots have extensive flight experience in a powered-lift operated by 
the U.S. Armed Forces, the FAA finds that this experience alone is 
insufficient for military pilots to transition safely to the types of 
powered-lift currently working through the FAA type certification 
process.\67\ Specifically, military aircraft maintain certain 
characteristics that are unique to U.S. Armed Forces missions that will 
not be present in civil powered-lift. The technology, operating 
characteristics, and flight control implementation may not correspond 
to the civil operations anticipated for FAA type-certificated powered-
lift. Further, as previously discussed, there are also significant 
differences between each civil powered-lift in performance, complexity, 
and operating characteristics. For these reasons, the FAA is not 
proposing any exception to the type rating requirement for military 
pilots who obtain powered-lift ratings through military competency.
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    \66\ Should a civil type-certificated version of a military 
powered-lift become available, pilots with the appropriate military 
experience, as identified in Sec.  61.73, would be eligible to 
receive the type rating in the same manner that airplane and 
rotorcraft military pilots currently receive them, pursuant to Sec.  
61.73(e).
    \67\ The FAA has historically found some differences between 
military aircraft/operations and civilian aircraft/operations and 
implemented safety measures to address them when necessary. For 
example, in 1967, a military branch began using ``pink'' instrument 
cards for instrument flight operations in tactical environments. 
Because these pilots were not trained in IFR airway operations or in 
the use of standard approach procedures, the FAA amended Sec.  61.73 
creating a restriction based on the incongruence between the 
military practice and an FAA instrument rating. The restriction was 
removed when the branch ceased issuing the cards. Final Rule, 
Condition for Issuing Instrument Rating Based on Military 
Competence, 23 FR 10643 (Jul. 20, 1967) (adding Sec.  61.73(g)(6)); 
Final Rule, Pilot, Flight Instructor, Ground Instructor, and Pilot 
School Certification Rules, 62 FR 16220 (Apr. 4, 1997) (removing 
Sec.  61.73(g)(6)).
---------------------------------------------------------------------------

    Military pilots may continue to apply for commercial pilot 
certificates with powered-lift category ratings, instrument-powered-
lift ratings, and flight instructor certificates with powered-lift 
category and instrument ratings pursuant to the existing requirements 
in Sec.  61.73, based on their military pilot qualifications. However, 
to act as PIC of a type-certificated powered-lift, these military 
pilots would be required to pass a practical test to obtain a type 
rating on their pilot certificate for the type of civil powered-lift 
they seek to fly. Likewise, those military instructors who have 
obtained or will obtain a flight instructor certificate with a powered-
lift category and instrument rating through military competency would 
be permitted to conduct flight training in a powered-lift only after 
obtaining a type rating on their pilot certificate for the powered-lift 
in which they conduct flight training.\68\
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    \68\ Under Sec.  61.195(e), a flight instructor may not give 
flight training, including instrument training, in an aircraft that 
requires the PIC to hold a type rating unless the flight instructor 
holds a type rating for that aircraft on their pilot certificate.
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C. Applicability of the SIC Qualification Requirements of Sec.  61.55 
to Powered-Lift

    Given the diverse characteristics of powered-lift discussed 
earlier, the FAA considered whether a person serving as SIC of a 
powered-lift should also be required to hold a powered-lift type rating 
on their pilot certificate. Upon evaluating the current SIC 
qualification requirements of Sec.  61.55, the role of a PIC, and the 
reasons for requiring the PIC to hold a type rating, the FAA has 
determined that the SIC qualification requirements of Sec.  61.55 are 
sufficient, provided the person serving as SIC has passed the practical 
test in a powered-lift that is capable of performing all the

[[Page 38959]]

tasks required by the applicable Powered-Lift Category ACS.\69\
---------------------------------------------------------------------------

    \69\ The FAA is proposing to permanently add new Sec.  
61.55(a)(4) to address SIC qualifications when a powered-lift is not 
able to perform all tasks on a practical test. This change is 
``permanent'' because it would exist in 14 CFR part 61 as opposed to 
proposed part 194. To the extent a person would not be tested on a 
task specified in that ACS, section V.G of this preamble explains a 
proposal to impose additional training and an endorsement to ensure 
the person is trained and found proficient on any tasks that were 
omitted on the practical test prior to serving as SIC of a different 
powered-lift that is capable of performing the task.
---------------------------------------------------------------------------

    Currently, to serve as SIC of an aircraft type-certificated for 
more than one required pilot flight crewmember or in operations 
requiring an SIC pilot flight crewmember in part 91 (excluding subpart 
K of part 91),\70\ a person must satisfy the SIC qualification 
requirements set forth in Sec.  61.55. Section 61.55(a) requires the 
person serving as SIC to hold (1) at least a private pilot certificate 
with the appropriate category and class rating, (2) an instrument 
rating or privilege that applies to the aircraft being flown if the 
flight is under IFR,\71\ and (3) at least a pilot type rating (``SIC 
Privileges Only'') for the aircraft being flown unless the flight will 
be conducted as domestic flight operations within the U.S. airspace.
---------------------------------------------------------------------------

    \70\ As discussed in this section, certain requirements in Sec.  
61.55 do not apply to a person who is designated and qualified as 
PIC or SIC under subpart K of part 91 (Fractional Ownership 
Operations).
    \71\ Section V.G of this preamble discusses the FAA's proposal 
to allow a pilot to obtain a powered-lift type rating and category 
rating without an instrument rating. In that circumstance, a ``VFR 
only'' limitation would be added to the pilot certificate, and the 
pilot could serve as SIC in VFR operations only.
---------------------------------------------------------------------------

    Section 61.55(b) requires the person serving as SIC to complete SIC 
familiarization training for the specific type of aircraft for which 
SIC privileges are sought within the 12 calendar months preceding the 
month of the flight.\72\ The SIC familiarization training consists of 
two components. First, the person must become familiar with certain 
information for the specific type aircraft including operational 
procedures applicable to the powerplant, equipment, and systems; 
performance specifications and limitations; normal, abnormal, and 
emergency operating procedures; flight manual; and placards and 
markings. Second, the person must perform and log pilot time in the 
type of aircraft that includes three takeoffs and three landings to a 
full stop as the sole manipulator of the flight controls, engine-out 
procedures and maneuvering with an engine out while executing the 
duties of PIC, and crew resource management training.
---------------------------------------------------------------------------

    \72\ The familiarization training required in Sec.  61.55(b) 
does not apply to a person who is designated and qualified as PIC or 
SIC under subpart K of part 91 (Fractional Ownership Operations). 
Rather, those pilots may satisfy the training required by that 
subpart to serve in fractional ownership operations in lieu of the 
familiarization training.
---------------------------------------------------------------------------

    This preamble explains why the qualification requirements of Sec.  
61.55 would ensure that a pilot is qualified to act as SIC of a 
powered-lift under part 91 (excluding operations conducted under 
subpart K of part 91), provided the person has passed at least the 
private pilot practical test in a powered-lift that is capable of 
performing all the tasks required by the applicable ACS.\73\ The 
preamble also discusses the SIC pilot type rating that is required for 
international operations.
---------------------------------------------------------------------------

    \73\ As explained in section V.G. of this preamble, certain 
powered-lift designs may be precluded from performing a task 
required by the applicable Powered-Lift Category ACS. When this 
occurs, the proposed rule language in proposed Sec.  194.207 of this 
SFAR would enable an examiner to waive the task on the practical 
test. Thus, a person may obtain a powered-lift category rating on 
their pilot certificate without being required to perform all the 
tasks specified in the ACS. This person may then seek to serve as 
SIC of a powered-lift type that is capable of performing the task 
for which the pilot was never trained or tested. Section V.G of this 
preamble discusses this issue in detail and proposes to require 
additional training and an endorsement to ensure all persons seeking 
to serve as SIC of a powered-lift have all been trained and found 
proficient on the tasks required in the applicable Powered-Lift 
Category ACS.
---------------------------------------------------------------------------

1. SIC Qualification Requirements
    The FAA has imposed qualification requirements on persons seeking 
to serve as SIC of certain aircraft since 1972.\74\ In fact, the 
requirement for an SIC to hold at least a private pilot certificate 
with the appropriate ratings and an instrument rating if the flight is 
conducted under IFR has remained unchanged since that time. 
Additionally, the SIC familiarization training requirements, which were 
also adopted in 1972, have been slightly expanded to include additional 
information and procedures \75\ but otherwise remain unchanged. The FAA 
adopted the SIC qualification requirements in part 61 in recognition of 
the tremendous growth of part 91 operations and the introduction of 
more sophisticated aircraft to this large segment of aviation.\76\ The 
FAA intended for the SIC qualification requirements to ensure that 
sufficiently qualified pilots occupy both flight crewmember 
positions.\77\
---------------------------------------------------------------------------

    \74\ Large and Turbine-Powered Multiengine Airplanes, Final 
Rule, 37 FR 14759 (Jul. 25, 1972). The SIC requirements were 
proposed as 14 CFR 61.47b but adopted in the final rule as 14 CFR 
61.46 and were applicable to persons seeking to serve as SIC of a 
large or turbojet-powered multiengine airplane type-certificated for 
more than one required pilot flight crewmember. In 1973, the FAA 
relocated 14 CFR 61.46 to 14 CFR 61.55, as it is currently situated 
today.
    \75\ See 51 FR 40692 (Nov. 7, 1986) (applying SIC requirements 
to all aircraft type-certificated for more than one pilot and adding 
``approved flight manual material, placards, and markings'' to the 
type specific information with which the pilot must become 
familiar); see also 62 FR 16220 (Apr. 4, 1997) (adding ``crew 
resource management training'' to time that must be performed and 
logged).
    \76\ Second-In-Command Qualifications and Pilot-In-Command 
Proficiency Checks, NPRM, 36 FR 5247 (Mar. 19, 1971). Second-In-
Command Qualifications and Pilot-In-Command Proficiency Checks, 
supplemental notice of proposed rulemaking (SNPRM), 36 FR 11865 
(Jun. 16, 1971). In adopting SIC qualification requirements in part 
61 for persons serving as SIC in part 91 operations, the FAA also 
considered the improved safety record in part 121 operations, which 
stemmed from a modern system of pilot training and qualification for 
part 121 certificate holders.
    \77\ Id.
---------------------------------------------------------------------------

    The SIC qualification requirements of Sec.  61.55 apply to persons 
seeking to serve as SIC of an aircraft type-certificated for more than 
one required pilot flight crewmember or in operations requiring a SIC 
pilot flight crewmember. As such, this requirement without a regulatory 
amendment will apply to SICs of any powered-lift that is type-
certificated for more than one required pilot flight crewmember. 
Additionally, the requirements of Sec.  61.55 would apply during 
operations that require more than one pilot flightcrew member by 
regulation.\78\
---------------------------------------------------------------------------

    \78\ See Sec. Sec.  91.189, 135.99, 135.101, and 135.111 and 
subpart K of part 91.
---------------------------------------------------------------------------

    Despite proposing to require the PIC to hold a type rating, the FAA 
has determined that, with the exception of the unique scenario when a 
powered-lift is not capable of performing all required ACS tasks as 
discussed in section V.G of this preamble, there is no need to impose 
requirements beyond those contained in Sec.  61.55 for persons seeking 
to serve as SIC of a powered-lift, which have been deemed sufficient 
for other categories of aircraft for over 50 years.\79\ As such, a 
person seeking to serve as SIC will hold the appropriate powered-lift 
ratings on their pilot certificate and complete familiarization 
training in the specific type of powered-lift for which SIC privileges 
are sought.
---------------------------------------------------------------------------

    \79\ Large and Turbine-Powered Multiengine Airplanes, Final 
Rule, 37 FR 14759 (Jul. 25, 1972).
---------------------------------------------------------------------------

    The requirements of Sec.  61.55(a) ensure that the SIC has obtained 
experience in the powered-lift category and successfully passed a 
practical test to obtain the powered-lift rating. The FAA recognizes 
that this experience may be in a different type of powered-lift than 
the powered-lift for which SIC privileges are sought. For a pilot who 
has passed the practical test in a powered-lift that is capable of

[[Page 38960]]

performing all the tasks required by the ACS, the FAA finds that the 
existing SIC familiarization training would ensure that the person 
seeking to act as SIC becomes familiar with and gains sufficient 
experience operating the specific type of powered-lift before acting as 
SIC of that aircraft.\80\
---------------------------------------------------------------------------

    \80\ For a pilot who was not required to demonstrate proficiency 
of each task required by the applicable Powered-Lift Category ACS, 
section V.G of this preamble discusses the proposed training and 
endorsement requirements that would apply.
---------------------------------------------------------------------------

    Pursuant to Sec.  61.55(b)(1), the person seeking to serve as SIC 
of a powered-lift would be required to become familiar with information 
for the specific type of powered-lift for which SIC privileges are 
sought, including the operational procedures applicable to the 
powerplant, equipment, and systems; performance specifications and 
limitations; normal, abnormal, and emergency operating procedures; 
flight manual; and placards and markings. Additionally, pursuant to 
Sec.  61.55(b)(2), the person seeking SIC privileges for a powered-lift 
would be required to log pilot time in the type of powered-lift \81\ 
that includes the performance of three takeoffs and landings to a full 
stop as the sole manipulator of the flight controls, engine-out 
procedures and maneuvering with an engine out while executing the 
duties of PIC, and crew resource management training. Therefore, while 
the person seeking SIC privileges would hold only a powered-lift 
category rating, a person would become familiar with the unique 
operating characteristics of the specific type of powered-lift prior to 
serving as SIC of the powered-lift. Additionally, the SIC 
familiarization training requirements of Sec.  61.55(b) serve as 
recency of experience requirements in that they require a person to 
accomplish the familiarization training specified in Sec.  61.55(b)(1) 
and (2) in the specific type of aircraft within the 12 calendar months 
preceding the month of the flight. This requirement would ensure that 
the SIC of a powered-lift has recent experience handling the flight 
controls of the powered-lift for which the SIC privileges are sought.
---------------------------------------------------------------------------

    \81\ The FAA notes that Sec.  61.55(b)(2) permits the individual 
to perform and log pilot time in a flight simulator that represents 
the type of aircraft for which SIC privileges are requested.
---------------------------------------------------------------------------

    Further, the FAA considered the role of a PIC versus a SIC in part 
91 operations, the FAA has determined that it would be unnecessary to 
hold the SIC of a powered-lift to the same training and testing 
standards as the PIC of a powered-lift. While a person serving as SIC 
of a powered-lift may manipulate the controls of the powered-lift 
during an operation, the PIC, who would hold a type rating and would 
have demonstrated mastery of the specific type of powered-lift, remains 
directly responsible for, and is the final authority as to the 
operation of, that powered-lift.\82\ Thus, as with other categories of 
aircraft, the PIC would have the ability to take over the flight 
controls at any point during the flight.
---------------------------------------------------------------------------

    \82\ A PIC has final authority and responsibility for the 
operation and safety of the flight per the definition of PIC 
contained at Sec.  1.1. See also 14 CFR 91.3(a), Responsibility and 
authority of the pilot in command.
---------------------------------------------------------------------------

    For the reasons discussed above, with the exception of the 
situation discussed in section V.G of this preamble, the FAA has 
determined that the existing SIC qualification requirements of Sec.  
61.55(a) and (b) ensure that the person serving as SIC of a powered-
lift in part 91 operations (excluding operations conducted under 
subpart K of part 91) is sufficiently qualified to act as SIC. 
Accordingly, this proposed rule would not require the SIC of a powered-
lift to hold a type rating for the powered-lift.
    As for the initial cadre \83\ of pilots who may serve as SIC of a 
powered-lift, Sec.  61.55(a) requires the person seeking SIC privileges 
to hold at least a private pilot certificate with appropriate ratings 
(i.e., powered-lift category rating) and, if the flight will be 
conducted under IFR, to hold an appropriate instrument rating (i.e., 
instrument-powered-lift rating). As previously discussed in section V.B 
of this preamble, current or former military pilots of powered-lift may 
obtain commercial pilot certificates with powered-lift category ratings 
as well as instrument-powered-lift ratings pursuant to Sec.  61.73(a) 
and (b) based on their military pilot qualifications. These military 
pilots may be qualified to serve as SIC of powered-lift without first 
obtaining a type rating for the type of powered-lift, provided they 
satisfy the applicable requirements of Sec.  61.55. Additionally, 
pilots who obtain a commercial pilot certificate with a powered-lift 
category rating, an instrument-powered-lift rating, and a type rating 
pursuant to the alternate pathway proposed in the SFAR may be qualified 
to serve as SIC of any powered-lift, provided the applicable 
requirements of Sec.  61.55 are met for the powered-lift in which they 
will serve as SIC.
---------------------------------------------------------------------------

    \83\ The FAA uses the term ``initial cadre'' throughout this 
preamble. In some instances, initial cadre refers to a sufficient 
number of instructors and evaluators to train and qualify pilots for 
powered-lift ratings under an approved training program under part 
135, 141, or 142. In other instances, the term refers to a 
sufficient number of pilots who are rated in powered-lift.
---------------------------------------------------------------------------

2. SIC Pilot Type Rating
    As previously discussed, Sec.  61.55 provides for the issuance of a 
SIC pilot type rating, which is required unless the flight will be 
conducted as domestic flight operations within the U.S. airspace. The 
FAA established the SIC pilot type rating and associated qualifying 
procedures in 2005 \84\ to conform the FAA pilot type rating 
requirements to the ICAO pilot type rating standards.\85\ The FAA 
intended for the SIC pilot type rating requirements in Sec.  61.55 to 
allow U.S. flight crews to operate in international airspace.
---------------------------------------------------------------------------

    \84\ Second-in-Command Pilot Type Rating, Final Rule, 70 FR 
45264 (Aug. 4, 2005). This revision did not change the qualification 
requirements to serve as SIC; rather, the revision was primarily 
intended to conform U.S. SIC qualification requirements under Sec.  
61.55 to the ICAO standards under Annex 1 of the Convention on 
International Civil Aviation.
    \85\ See ICAO Annex 1, paragraphs 2.1.3.2, 2.1.4.1.b, and 
2.1.4.1.1.
---------------------------------------------------------------------------

    The FAA codified two procedures for obtaining the SIC pilot type 
rating. Under Sec.  61.55(d), a pilot who satisfactorily completes the 
SIC familiarization training requirements of Sec.  61.55(b) may apply 
for and receive a pilot rating for SIC privileges in the particular 
aircraft type, provided the training was completed within the 12 
calendar months before the month of SIC pilot type rating application. 
Additionally, under Sec.  61.55(e), a pilot who satisfactorily 
completes an approved SIC training program, proficiency check, or 
competency check under subpart K of part 91 or under parts 125 or 135 
may apply for and receive a pilot type rating for SIC privileges in the 
particular aircraft type, provided the training was completed within 
the 12 calendar months before the month of SIC pilot type rating 
application.
    The SIC pilot type rating requirements set forth by Sec.  61.55(d) 
and (e) are necessary for U.S. flight crews to operate powered-lift in 
international airspace. Therefore, the current SIC pilot type rating 
requirements of Sec.  61.55 will apply to persons seeking SIC 
privileges in a powered-lift.

D. Supervised Operating Experience Requirements of Sec.  61.64

    Section 61.64 addresses the use and limitations of full flight 
simulators (FFSs) and FTDs for training or any portion of a practical 
test for certificates and ratings, including aircraft type ratings. As 
discussed in section IV.C, there are currently no FSTD

[[Page 38961]]

representing powered-lift that have been qualified under part 60. The 
FAA anticipates, however, that a powered-lift FSTD could obtain 
qualification under proposed Sec.  194.105 within the 10-year period 
that the SFAR would be effective. As such, the FAA has evaluated the 
requirements in Sec.  61.64 and is proposing changes.
    Pursuant to Sec.  61.64(a), an applicant for an aircraft type 
rating may use an FFS for training and testing, provided the FFS meets 
certain requirements. Section 61.64(a)(1) requires the FFS to represent 
the category, class, and type of aircraft for the rating sought.\86\ 
Section 61.64(a)(2) requires the FFS to be qualified and approved by 
the Administrator and used in accordance with an approved course of 
training under part 141 or 142, or under part 121 or 135 if the 
applicant is a pilot employee of that air carrier operator.
---------------------------------------------------------------------------

    \86\ The FAA recognizes that ``class'' is not applicable to 
powered-lift, as proposed. Section I.H. of this preamble discusses 
the FAA's proposal to update various references to category and 
class to ensure each reference appropriately accounts for powered-
lift.
---------------------------------------------------------------------------

    Under Sec.  61.64, an applicant for an aircraft type rating may 
accomplish the entire practical test (except for preflight inspection) 
in a Level C or higher FFS, the qualification of which is governed by 
14 CFR part 60. However, to ensure the applicant has sufficient 
experience operating the aircraft prior to serving as PIC of that 
aircraft, Sec.  61.64 requires the applicant to satisfy one of the 
aeronautical experience requirements set forth in Sec.  61.64(b)(1) 
through (5) for turbojet airplanes, (c)(1) through (5) for turbo-
propeller airplanes, (d)(1) through (4) for helicopters, or (e)(1) 
through (4) for powered-lift, as appropriate to the type rating sought. 
If the applicant meets one of the aeronautical experience requirements 
set forth in Sec.  61.64(b), (c), (d), or (e), as appropriate to the 
type rating sought, then the applicant receives a type rating without 
limitation. If the applicant does not satisfy one of the aeronautical 
experience requirements, then the applicant receives a PIC limitation 
on the applicant's pilot certificate in accordance with Sec.  
61.64(f)(2).\87\ The PIC limitation restricts the applicant from 
serving as PIC in the type of aircraft for which the applicant has 
obtained a type rating until the limitation is removed from the pilot 
certificate by completing the SOE requirements set forth in Sec.  
61.64(g). Specifically, the applicant must perform 25 hours of flight 
time in an aircraft of the category, class, and type for which the 
limitation applies under the direct observation of a qualified PIC who 
holds the appropriate ratings, without limitations, for the 
aircraft.\88\ The applicant must obtain this SOE while performing the 
duties of PIC.\89\
---------------------------------------------------------------------------

    \87\ Section 61.64(f)(1) provides an alternative to the PIC 
limitation specified in Sec.  61.64(f)(2). Under Sec.  61.64(f)(1), 
an applicant may obtain a type rating, without limitation, by 
completing the following tasks on the practical test in an aircraft 
appropriate to category, class, and type for the rating sought: 
preflight inspection, normal takeoff, normal instrument landing 
system approach, missed approach, and normal landing.
    \88\ 14 CFR 61.64(g)(1).
    \89\ 14 CFR 61.64(g)(3). Additionally, Sec.  61.64(g)(2) 
requires the applicant to log each flight and the PIC who observed 
the flight to attest in writing to each flight. To have the 
limitation removed, the applicant must present evidence of the SOE 
to any examiner or Flight Standards office pursuant to Sec.  
61.64(g)(4).
---------------------------------------------------------------------------

    The FAA has long required SOE for newly rated pilots who used FFS 
to accomplish the training and testing required for the new rating. The 
SOE requirements in part 61 originated from exemptions that the FAA 
issued in the 1990s.\90\ In those exemptions, the FAA permitted 
applicants to exclusively use FFS for training and checking, provided 
the applicants met certain experience requirements specified in the 
conditions and limitations of the exemption. Applicants who met the 
experience requirements in an aircraft were entitled to a pilot 
certificate without limitation. For applicants who met only half of the 
prerequisite experience, the FAA permitted the issuance of a 
certificate with a limitation that restricted PIC privileges in the 
aircraft until the applicant accomplished 15 hours of SOE in the actual 
aircraft. In subsequent exemptions, the FAA extended the use of FFS to 
a greater number of pilots by permitting pilots to satisfy 25 hours of 
SOE in lieu of meeting the experience requirements in an aircraft.\91\ 
The FAA stated that the 25 hours of SOE paralleled the initial 
operating experience (IOE) requirements of Sec.  121.434.
---------------------------------------------------------------------------

    \90\ Exemption Nos. 3931E, 5158, 5169, 4652B.
    \91\ Exemption Nos. 5232D, 5988.
---------------------------------------------------------------------------

    In 1992, the FAA issued an NPRM that proposed to increase the use 
of FFS and FTDs by persons other than air carrier certificate holders 
and reduce the number of exemption petitions seeking to use FFS for 
part 61 training.\92\ Specifically, the FAA proposed to permit an 
applicant seeking an additional rating to obtain the training for that 
rating in an FFS or FTD, provided the training was given in an approved 
course conducted by a part 142 certificated training center.\93\ The 
FAA explained that it had permitted this practice for years pursuant to 
exemptions,\94\ and the training had proven to be effective.\95\ 
However, at that time, the FAA did not propose to require applicants to 
perform any SOE after obtaining the additional aircraft rating in the 
FFS or FTD.
---------------------------------------------------------------------------

    \92\ Aircraft Flight Simulator Use in Pilot Training, Testing, 
and Checking and at Training Centers, NPRM, 57 FR 35888 (Aug. 11, 
1992).
    \93\ Id., at 35894.
    \94\ At the time of the 1992 NPRM, there were 32 exemption 
holders that were permitted to use flight simulators to satisfy part 
61 training and checking requirements. Id., at 35888.
    \95\ Id., at 35894.
---------------------------------------------------------------------------

    In response to that proposal, the FAA received several comments 
pertaining to the importance of actual aircraft flight experience.\96\ 
The National Transportation Safety Board (NTSB) acknowledged the 
limitations to simulation and stated that the proposed regulations must 
be sensitive to the safety needs served by retaining some aspects of 
actual flight experience. The NTSB explained that experience in 
training devices cannot fully replicate operational experience in the 
actual flight environment and the ``seasoning'' that such experience 
provides. The NTSB urged the FAA to review the proposed regulations to 
ensure that they achieve the intent while still safeguarding basic 
pilot and instructor skills provided by the physical operating 
environment. Similarly, the Air Line Pilots Association (ALPA) 
supported increased use of advanced simulation but cautioned against 
relying too heavily on simulator training in a pilot's early years and 
experience due to important safety factors. ALPA stated that one factor 
is a pilot's familiarity with and management of the air traffic control 
(ATC) environment, specifically the operation, decision-making 
experience, and interaction with other aircraft.
---------------------------------------------------------------------------

    \96\ Aircraft Flight Simulator Use in Pilot Training, Testing, 
and Checking and at Training Centers, Final Rule, 61 FR 34508, 34522 
(Jul. 2, 1996).
---------------------------------------------------------------------------

    In the subsequent 1996 final rule,\97\ the FAA agreed with the 
commenters' analysis of the importance of actual aircraft experience 
when an applicant uses flight simulation for a large portion of 
required training and testing. The FAA explained that, for years, it 
had mechanisms for part 121 air carriers and for operators under parts 
91 and 125 to ensure that PICs obtain actual aircraft experience prior 
to acting as PIC for aircraft requiring a type rating. The FAA 
referenced the requirement in Sec.  121.434 for a potential ATP-
certificated PIC to receive IOE under the supervision of a check pilot. 
Additionally, the FAA referenced the terms of the exemptions, which 
imposed SOE requirements similar to those required by Sec.  121.434

[[Page 38962]]

on relatively inexperienced pilots who sought to obtain a type rating 
entirely by training and testing in an FFS for purposes of operating 
under parts 91 and 125. The FAA determined that it was essential to 
continue to require newly certificated or rated pilots to accomplish 
SOE prior to acting as PIC for the first time in the NAS in an aircraft 
that requires a type rating. As a result, the FAA adopted the first SOE 
requirements in Sec.  61.64 for persons seeking to use FFS and FTDs to 
obtain additional aircraft ratings.\98\
---------------------------------------------------------------------------

    \97\ Id.
    \98\ When Sec.  61.64 was adopted in 1996, the requirements 
therein applied to additional aircraft ratings for other than ATP 
certificates and for other than use under parts 121 and 135.
---------------------------------------------------------------------------

    Originally, the requirements of Sec.  61.64 applied only to 
applicants seeking an airplane type rating. However, in 1997, the FAA 
expanded the regulation to permit applicants to use a Level C or higher 
FFS to obtain an aircraft type rating in a helicopter or powered-
lift.\99\ As a result, the FAA added regulatory provisions for 
helicopter and powered-lift type ratings that largely mirrored the 
requirements that existed for airplane type ratings. Subsequently, in 
2009, the FAA issued a final rule that established 25 hours as the 
standard for SOE.\100\ The FAA explained that 25 hours is an 
appropriate amount of time to ensure a pilot's qualifications.
---------------------------------------------------------------------------

    \99\ In 1997, the FAA consolidated the requirements of Sec.  
61.64 into Sec.  61.63, which was revised and reorganized for 
clarity. 62 FR 16220, 16254.
    \100\ Pilot, Flight Instructor, and Pilot School Certification, 
Final Rule, 74 FR 42500, 42522 (Aug. 21, 2009). The 2009 final rule 
removed the regulatory provisions that permitted a newly rated pilot 
to remove the PIC limitation on their certificate by satisfying 
certain experience requirements and accomplishing only 15 hours of 
SOE. Additionally, the 2009 final rule added new Sec.  61.64 to 
contain all use and limitation requirements for FFS and FTD. Thus, 
the requirements that were previously found in Sec.  61.63(e), (f), 
and (g) (for other than ATP certification) were relocated to new 
Sec.  61.64.
---------------------------------------------------------------------------

    As discussed in section V.F of this preamble, an applicant for a 
powered-lift type rating would be required to satisfactorily complete 
the training and testing for a type rating under an approved training 
program at a part 141 pilot school, a part 142 training center, or a 
part 135 operator. Upon completing the approved training program, the 
applicant may accomplish the practical test in an FFS. The requirements 
of Sec.  61.64 would, therefore, be applicable. Upon consideration of 
the current requirements in Sec.  61.64 and their applicability to 
applicants seeking a powered-lift type rating, the FAA finds it 
necessary to: (1) propose an amendment to Sec.  61.64(e) that would 
require SOE for all powered-lift type rating applicants who do not have 
500 hours of flight time in the powered-lift for which they are seeking 
a type rating; and (2) explain the FAA's expectations for the powered-
lift that newly rated pilots would use to perform their SOE. Each of 
these items are subsequently discussed in detail.
    Currently, under Sec.  61.64(e), an applicant may accomplish the 
entire practical test for a powered-lift type rating in a Level C or 
higher FFS and obtain the powered-lift type rating without a PIC 
limitation on their pilot certificate if the applicant satisfies one of 
the experience requirements set forth in Sec.  61.64(e)(1) through (4). 
Section 61.64(e) contains the following options to meet the experience 
requirement: (1) hold a type rating in a powered-lift without an SOE 
limitation; (2) have been appointed by the U.S. Armed Forces as PIC of 
a powered-lift; (3) have 500 hours of flight time in the type of 
powered-lift for which the rating is sought; or (4) have 1,000 hours of 
flight time in two different types of powered-lift. An applicant who 
does not satisfy one of these experience requirements must perform 25 
hours of SOE in a powered-lift of the type for which the limitation 
applies under the direct observation of a qualified PIC prior to 
serving as PIC of the powered-lift.
    The FAA recognizes the significant advancements in flight 
simulation technology that have contributed to the levels of realism 
experienced in simulation today. Additionally, the FAA has long 
recognized that the use of simulation in flight training provides an 
opportunity to train, practice, and demonstrate proficiency in a safe, 
controlled environment. For example, this environment enables 
comprehensive and in-depth training for the efficient application of 
critical emergency procedures. It is important to emphasize, however, 
that as powered-lift are coming to the civilian market for the first 
time, the only pilots with powered-lift experience are military pilots 
and test pilots, and there is a lack of commonality in the operating 
characteristics between types of powered-lift. Therefore, while 
applicants for a powered-lift type rating may accomplish their training 
and testing in FFS under an approved training program,\101\ the FAA has 
determined that applicants must have sufficient experience operating 
the powered-lift for which a type rating is sought in the actual flight 
environment prior to acting as PIC of the aircraft for the first time 
in the NAS. To this end, the FAA has evaluated the current provisions 
in Sec.  61.64(e) to ascertain whether an applicant who meets one of 
these requirements would have sufficient, transferable experience 
operating an actual powered-lift such that SOE in the powered-lift for 
which a type rating is sought would be unnecessary.
---------------------------------------------------------------------------

    \101\ 14 CFR 61.64(a)(2).
---------------------------------------------------------------------------

    The experience requirements in Sec.  61.64(e) were adopted in 1997 
when the FAA added the powered-lift category to part 61. Therefore, 
several of the experience requirements for powered-lift type rating 
applicants are category-specific rather than class-specific, as class 
ratings do not exist for powered-lift. Upon comparing the experience 
requirements for powered-lift type rating applicants in Sec.  61.64(e) 
to those experience requirements for airplane and helicopter type 
rating applicants in Sec.  61.64(b), (c), and (d), the FAA finds that 
the category-specific experience requirements for powered-lift type 
ratings in Sec.  61.64(e)(1), (2), and (4) do not achieve the same 
objective as the class-specific experience requirements for airplane 
and helicopter type ratings in Sec.  61.64(b)(1) through (3); (c)(1) 
through (3); and (d)(1), (2), and (4), as subsequently discussed.
    Section 61.64(e)(1) allows an applicant for a powered-lift type 
rating to receive a type rating without limitation if the applicant 
already holds a type rating in a powered-lift without a SOE 
limitation.\102\ While this resembles the requirements in Sec.  
61.64(b)(1), (c)(1), and (d)(1), it does not achieve the same objective 
as those requirements. Specifically, Sec.  61.64(e)(1) permits the 
applicant to hold a type rating in any powered-lift. This differs from 
Sec.  61.64(b)(1), (c)(1), and (d)(1), which are tethered to 
commonalities between classes of aircraft (i.e., paragraph (b)(1) 
requires the applicant to hold a type rating in a turbojet airplane of 
the same class of airplane; paragraph (c)(1) requires the applicant to 
hold a type rating in a turbo-propeller airplane of the same class of 
airplane; and paragraph (d)(1) requires the applicant to hold a type 
rating in a helicopter, which is a class of rotorcraft). Thus, the 
experience requirements in Sec.  61.64(b)(1), (c)(1), and (d)(1) ensure 
the applicant for an airplane or helicopter type rating holds a type 
rating for an aircraft that shares similar operating characteristics as 
the aircraft for which an additional type rating is sought. By 
contrast, the experience requirement for powered-lift in Sec.  
61.64(e)(1) permits an applicant to forgo SOE in the powered-lift for 
which the type rating is sought if the applicant

[[Page 38963]]

holds a type rating in the general powered-lift category, which may 
include powered-lift that vary significantly in design, handling, and 
operating characteristics.
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    \102\ The ``SOE limitation'' in current Sec.  61.64(e)(1) refers 
to the PIC limitation specified in Sec.  61.64(f)(2).
---------------------------------------------------------------------------

    Section 61.64(e)(2) permits an applicant for a powered-lift type 
rating to receive a type rating without limitation if the applicant has 
been appointed by the U.S. Armed Forces as PIC of a powered-lift. While 
this requirement appears to parallel the requirements in Sec.  
61.64(b)(3), (c)(3), and (d)(2), it differs from those requirements 
because it permits the military pilot to be qualified as PIC of any 
type of powered-lift rather than a powered-lift that shares similar 
operating characteristics with the powered-lift for which a type rating 
is sought (i.e., a class of aircraft as promulgated in paragraphs 
(b)(3), (c)(3), and (d)(2)). The FAA recognizes that military pilots 
who are qualified to act as PIC of military powered-lift have undergone 
rigorous training and have a significant amount of flight time 
operating military powered-lift in complex environments. As explained 
in section V.B of this preamble, the U.S. Armed Forces have trained 
military pilots to operate military-specific powered-lift, such as the 
Bell-Boeing V-22 Osprey, McDonald-Douglas AV-8 Harrier, and F-35B 
STOVL. These military pilots may qualify for a powered-lift category 
rating based on military competency in accordance with Sec.  
61.73.\103\ However, as discussed in section V.B of this preamble, the 
FAA finds that the experience a military pilot has obtained while 
operating powered-lift in the U.S. Armed Forces may not ensure the 
pilot has the knowledge and skills necessary to handle the unique 
flight qualities of the civil powered-lift for which a type rating is 
sought in the civil operating environment.
---------------------------------------------------------------------------

    \103\ As explained in section V.B of this preamble, these pilots 
would still be required to obtain a powered-lift type rating to 
operate a civil powered-lift.
---------------------------------------------------------------------------

    Under Sec.  61.64(e)(4), an applicant for a powered-lift type 
rating may obtain the type rating without a PIC limitation if the 
applicant has 1,000 hours of flight time in two different types of 
powered-lift. While this requirement appears to mirror the requirements 
for airplane and helicopter type ratings in Sec.  61.64(b)(2), (c)(2), 
and (d)(4), it does not achieve the same objective as those 
requirements because, again, it is category-specific rather than class-
specific. The 1,000 hours of experience in Sec.  61.64(b)(2), (c)(2), 
and (d)(4) must be obtained in the same category and class of aircraft, 
whereas the 1,000 hours of experience in Sec.  61.64(e)(4) must be 
obtained in the same category of aircraft only (i.e., any powered-
lift). Requiring 1,000 hours in two different types of powered-lift, 
which the FAA again emphasizes may drastically differ in operating 
characteristics, may not ensure that an applicant for a powered-lift 
type rating will have flight time handling the unique flight qualities 
of the powered-lift for which a type rating is sought in the actual 
operating environment.
    In sum, the FAA has determined that broad experience obtained in 
the powered-lift category should not relieve an applicant for a 
powered-lift type rating from accomplishing SOE to remove a PIC 
limitation in the powered-lift for which a type rating is sought. 
Consistent with the FAA's determinations in the 1996 final rule 
previously discussed, when an applicant uses flight simulation for a 
significant portion of the required training and testing, it is 
important to ensure that the applicant has experience in the actual 
aircraft prior to acting as PIC of that aircraft. The FAA finds that 
this is especially important for powered-lift because, as discussed in 
section V.A of this preamble, powered-lift vary widely in design. Each 
type of powered-lift can have different configurations, unique 
inceptors, diversified flight controls, and complicated and distinctive 
operating characteristics, which makes it infeasible for the FAA to 
establish classes of powered-lift at this time.
    To ensure pilots have experience operating the powered-lift in the 
actual flight environment prior to serving as PIC of that powered-lift, 
the FAA is proposing to remove the category-specific experience 
requirements in Sec.  61.64(e)(1), (2), and (4). Instead, where a 
powered-lift type rating applicant accomplishes the entire practical 
test in an FFS and would otherwise satisfy the current experience 
requirements in those paragraphs, the FAA would require a PIC 
limitation be placed on their certificate. The pilot would be required 
to accomplish SOE in the powered-lift under the observation of a 
qualified PIC to remove the limitation. As the NTSB noted in the 1996 
final rule, FFS cannot fully replicate operational experience in the 
actual flight environment and the ``seasoning'' that such experience 
provides.
    The only experience requirement in Sec.  61.64(e) that is not 
category-specific is Sec.  61.64(e)(3). Section 61.64(e)(3) permits an 
applicant for a powered-lift type rating to receive a type rating 
without limitation if the applicant has 500 hours of flight time in the 
type of powered-lift for which the rating is sought. This requirement 
mirrors the requirements in Sec.  61.64(b)(4), (c)(4), and (d)(3) that 
apply to applicants seeking a type rating for a turbojet airplane, 
turbo-propeller airplane, and helicopter. The FAA recognizes that there 
are currently no type-certificated powered-lift. There are several 
manufacturers, however, that are pursuing a type certificate (TC) for 
their powered-lift. To obtain a TC for an aircraft, the manufacturer 
must apply in accordance with part 21 and show that the aircraft meets 
the applicable airworthiness requirements.\104\ As part of the type 
certification process, manufacturers of powered-lift must conduct 
developmental and certification flight tests. To enable this flight 
testing in a non-type-certificated aircraft, the FAA issues an 
experimental certificate to the aircraft for certain purposes 
delineated in Sec.  21.191, such as research and development and to 
show compliance with the FAA's regulations. The FAA also issues 
authorizations to the manufacturers' test pilots that allow the test 
pilots to act as PIC of the aircraft during experimental aircraft 
operations. Therefore, the only pilots who have significant experience 
operating the civil powered-lift that are coming to market are the 
manufacturers' test pilots. Upon analyzing the requirement in current 
Sec.  61.64(e)(3), the FAA has determined that the manufacturer's test 
pilots may have at least 500 hours of flight time in the type of 
powered-lift for which they seek a rating.
---------------------------------------------------------------------------

    \104\ 14 CFR 21.17. Additionally, section IV of this preamble 
discusses powered-lift type certification in further detail.
---------------------------------------------------------------------------

    The manufacturer's test pilots play a significant role in the 
development and certification of an aircraft. They are involved in the 
certification plan for the powered-lift from the earliest days and 
often have an engineering degree in addition to a pilot certificate. 
These test pilots that have engineering degrees are generally involved 
in the manufacturer's design and development of the aircraft's systems 
and components as well as the flight testing of such. Test pilots 
conduct both qualitative and quantitative flight tests of an aircraft 
to evaluate the flight controls, avionics, propulsion, mechanical and 
electrical systems, and equipment installations. The purpose of an 
aircraft flight test is to make determinations about an aircraft's 
performance and flying qualities, to ensure all safety features and 
redundant systems function as intended, and to operate the aircraft to 
its limits and beyond to determine the appropriate operating envelope. 
When issues arise during a flight test, the test pilot often works with 
the manufacturer

[[Page 38964]]

to resolve such issues. Because test pilots have intricate knowledge of 
the aircraft systems, they are able to identify risks and mitigation 
techniques to ensure product safety. Test pilots are also immersed in 
authoring material for the aircraft flight manual, including systems 
descriptions, aircraft limitations, and normal and emergency 
procedures. Furthermore, test pilots are responsible for performing 
maintenance checks and post maintenance flight tests on an aircraft.
    In light of the key role a test pilot plays in the development and 
certification of a powered-lift, the FAA finds that a test pilot who 
has at least 500 hours of flight time in the powered-lift of the type 
for which they seek a rating will have the knowledge and skills 
necessary to handle the unique flight qualities of the powered-lift in 
the actual aircraft. Furthermore, while the majority of the test 
pilot's duties may involve flight testing and certification activities, 
these flights are not conducted in a sterile environment. The test 
pilots are responsible for conducting the aircraft flight tests while 
also taking care of the operational aspects of the flight, including 
filing a flight plan, conducting departures and instrument approaches, 
communicating with ATC, and interacting with other aircraft. Therefore, 
the FAA has determined that these test pilots will have sufficient 
experience manipulating the controls of the actual powered-lift in the 
operational environment of the NAS such that an SOE limitation is 
unnecessary.
    For these reasons, the FAA proposes to retain only the requirement 
that currently exists in Sec.  61.64(e)(3), which allows applicants for 
a powered-lift type rating who use an FFS for the practical test to 
receive the type rating without a PIC limitation on their pilot 
certificate if they have at least 500 hours of flight time in the type 
of powered-lift for which they seek a rating. Powered-lift type rating 
applicants who do not use a powered-lift during the practical test and 
do not satisfy Sec.  61.64(e)(3) must accomplish SOE in the type of 
powered-lift for which they obtain a type rating, pursuant to Sec.  
61.64(g). This requirement safeguards the knowledge and skills provided 
by physically operating the aircraft in the flight environment. For 
example, it would ensure these newly-rated powered-lift pilots obtain 
experience handling the flight controls of the powered-lift for which 
they obtain a type rating in a non-sterile operating environment where 
they must operate the powered-lift while simultaneously making 
decisions, communicating with ATC, and interacting with other aircraft.
    Before the newly rated powered-lift pilots may perform SOE in 
powered-lift, there must first be a cadre of qualified PICs to directly 
observe the flight time.\105\ These supervising PICs would be 
considered qualified if they hold a commercial pilot certificate with a 
powered-lift category rating and a type rating, without limitations. 
The lack of qualified FSTD for powered-lift means that most initial 
powered-lift ratings would be accomplished in the aircraft in flight. 
The proposed alternate pathways to certification in the SFAR would 
enable persons to obtain powered-lift ratings without a limitation on 
their commercial pilot certificates by training and testing in a 
powered-lift. By the time the first groups of pilots seek training and 
testing entirely in FFS, there will be sufficient numbers of qualified 
pilots who hold type ratings without limitations for the purpose of 
observing SOE.
---------------------------------------------------------------------------

    \105\ Pursuant to Sec.  61.64(g)(2), the SOE must be under the 
direct observation of the PIC who holds a category, class, and type 
ratings, without limitations, for the aircraft.
---------------------------------------------------------------------------

    The FAA also notes that an applicant may be qualified to be a PIC 
without the limitation set forth by Sec.  61.64(f)(2) if, during the 
practical test, the applicant completes the tasks pursuant to Sec.  
61.64(f)(1) in a powered-lift. Specifically, the applicant must 
complete preflight inspection, normal takeoff, normal instrument 
landing system approach, missed approach, and normal landing, 
appropriate to the powered-lift category and type rating sought.
    For the reasons previously explained, the FAA is proposing to amend 
Sec.  61.64(e) by removing the category-specific experience 
requirements in paragraphs (e)(1), (2), and (4) that enable an 
applicant for a powered-lift type rating to obtain a type rating 
without limitation. Because three of the four paragraphs in current 
paragraph (e) would be removed, the FAA is proposing to consolidate the 
leading paragraph of current Sec.  61.64(e) with the experience 
requirement that currently exists in paragraph (e)(3). Therefore, the 
only applicants for a powered-lift type rating who may forgo SOE after 
obtaining the type rating by completing the entire practical test in a 
flight simulator and receiving a PIC limitation are those applicants 
who have at least 500 hours of flight time in the type of powered-lift 
for which the rating is sought. The FAA also proposes to make a 
conforming amendment to Sec.  61.64(f) that would remove the cross-
references to the experience requirements currently contained in Sec.  
61.64(e)(1) through (4).
    If the entire practical test (except for preflight inspection) for 
the proposed powered-lift type rating occurs in a flight simulator, the 
applicant would receive a type rating with a PIC limitation unless the 
applicant has at least 500 hours of flight time in the type of powered-
lift for which the rating is sought. To remove the PIC limitation, the 
applicant would be required to perform the SOE required by Sec.  
61.64(g). Pursuant to Sec.  61.64(g)(1), an applicant may remove the 
PIC limitation from their pilot certificate if the applicant performs 
25 hours of flight time in a powered-lift of the type for which the 
limitation applies under the direct observation of a PIC who holds the 
appropriate ratings without limitations. Section 61.64(g)(3) states 
that the applicant must obtain this SOE while performing the duties of 
PIC.\106\ Because the applicant has a limitation on their pilot 
certificate that prohibits the applicant from serving as PIC in an 
aircraft of that type, the applicant is not acting as PIC of the 
aircraft during the SOE. As a result, the qualified PIC observing the 
SOE is acting as PIC of the operation.
---------------------------------------------------------------------------

    \106\ The FAA considers a person to be performing the duties of 
a PIC when the person performs all the functions of the PIC 
including landings and takeoffs, en route flying, low approaches, 
and ground functions. See Legal Interpretation to Duncan (Apr. 13, 
2012). In the air carrier environment, the FAA generally uses the 
term ``pilot flying,'' which it defines as ``[t]he pilot who is 
controlling the path of the aircraft at any given time, in flight or 
on the ground.'' Advisory Circular 120-71B, Chapter 1, Sec. 1.4.
---------------------------------------------------------------------------

    Pursuant to Sec.  91.3(a), the PIC of an aircraft is directly 
responsible for, and is the final authority as to, the operation of the 
aircraft. Likewise, the definition of PIC in Sec.  1.1 states, in 
relevant part, that a PIC ``has final authority and responsibility for 
the operation and safety of the flight.'' Therefore, while the 
requirements in Sec.  61.64(g) do not expressly state that the aircraft 
used for SOE must have a dual set of controls,\107\ it can be inferred 
from the regulatory requirements that the supervising PIC must have 
access to controls in the aircraft. Without access to a dual set of 
controls, the PIC would be unable to act as the person directly 
responsible for the operation of the aircraft and safety of the flight.
---------------------------------------------------------------------------

    \107\ Section 91.109(a) requires an aircraft that is being used 
for flight training to have fully functioning dual controls. 
However, because the SOE required under Sec.  61.64(g) is not flight 
training, Sec.  91.109(a) does not apply.
---------------------------------------------------------------------------

    Under the current regulatory framework in part 61, a pilot is 
required to hold only a powered-lift category

[[Page 38965]]

rating to operate a powered-lift. As a result, under the current 
regulations, a manufacturer may develop a powered-lift with a single 
set of controls with the expectation that a pilot could obtain flight 
training in a different powered-lift for purposes of meeting the 
aeronautical experience requirements and obtaining a powered-lift 
category rating under part 61. Upon obtaining the powered-lift category 
rating, the pilot would then be qualified to operate a powered-lift 
that has only one set of controls.
    Because the proposed regulations would require the majority of 
newly-rated powered-lift pilots who use an FFS for the practical test 
to perform SOE in the powered-lift for which they obtain a type rating, 
the proposal would result in a different outcome for manufacturers that 
are developing powered-lift with only one set of controls. To enable 
the performance of SOE where the applicant is performing the duties of 
PIC but the PIC observing the flight is acting as PIC of the operation, 
each powered-lift would be required to have a version of the aircraft 
that contains fully functioning dual controls. The FAA recognizes that 
there are manufacturers who are currently seeking type certification of 
powered-lift that have only one pilot seat and a single set of 
controls.\108\ To comply with the proposal, the FAA expects these 
manufacturers to develop a version of the aircraft to contain fully 
functioning dual controls, which is consistent with the FAA's 
expectations for flight training in airplanes and helicopters that 
require a type rating.
---------------------------------------------------------------------------

    \108\ The proposed type rating requirement would likewise 
present obstacles to powered-lift with single controls. Applicants 
for powered-lift type ratings would be required under Sec. Sec.  
61.63(d)(2) and 61.157(b) to obtain flight training in the type of 
powered-lift for the rating sought. Because the applicant would not 
be rated to act as PIC of the aircraft, the person providing the 
flight training must act as PIC. Under Sec.  91.109, the aircraft 
would be required to have a dual set of controls, and the flight 
instructor as PIC must have access to controls in the aircraft to 
perform their duties under Sec.  91.3.
---------------------------------------------------------------------------

    To the extent powered-lift manufacturers may experience additional 
compliance costs as a result of this proposal, the FAA notes that it 
has considered whether there are alternate ways to perform the SOE with 
only one set of controls in the aircraft. Currently, there is a 
movement towards Simplified Vehicle Operations (SVO), which is ``the 
use of automation coupled with human factors best practices to reduce 
the quantity of trained skills and knowledge that the pilot or operator 
of an aircraft must acquire to operate the system at the required level 
of operational safety.'' \109\ Some manufacturers are in the process of 
demonstrating advanced automation technology as part of this movement; 
however, nothing has been certified yet. As a result, the FAA lacks 
operational data to analyze whether such technology would safely enable 
SOE in an aircraft without dual functioning controls. The FAA expects 
to obtain sufficient data over the duration of the SFAR that could 
inform a potential rulemaking on this subject.
---------------------------------------------------------------------------

    \109\ GAMA, A Rationale Construct for Simplified Vehicle 
Operations (SVO), (May 20, 2019).
---------------------------------------------------------------------------

    The requirement for a dual set of controls for flight training in 
all aircraft originated in 1938.\110\ It is a foundational safety 
regulation applicable to airplanes, helicopters, and powered-lift alike 
that prevents an inexperienced person from being solely responsible for 
the manipulation of the flight controls. The same safety rationale for 
requiring a dual set of controls during flight training applies equally 
to the SOE scenario for aircraft because the pilot seeking to 
accomplish SOE holds a limitation that prevents them from acting as PIC 
until they can demonstrate the ability to perform the duties of PIC in 
the operational environment under supervision of a fully-rated PIC. 
While there may be technological advancements in the future that enable 
the performance of SOE without a dual set of controls (e.g., virtual 
SOE), the FAA has determined that it would be premature to codify 
alternate ways to accomplish SOE in the regulations at this time 
without a more robust understanding of the safety implications.
---------------------------------------------------------------------------

    \110\ 14 CFR 20.655 (1938). ``Dual controls. No flying 
instruction shall be given in any aircraft, for or without hire, 
unless such aircraft is equipped with fully functioning dual 
controls and a certificated instructor is in full charge of one set 
of said controls. Such dual controls shall be fully functioning as 
set forth in Sec.  20.53, except in aircraft manufactured prior to 
January 1, 1939.''
---------------------------------------------------------------------------

E. Establish an Alternate Pathway for Pilot Certification

    The introduction of powered-lift as an entirely new category of 
civil aircraft creates unique challenges for the training and 
certification of airman. Typically, a person interested in becoming a 
professional pilot \111\ follows an incremental path that builds 
piloting skills through an iterative series of training with a flight 
instructor, accumulation of other flight experience, and successful 
completion of a practical test with a designated examiner. A person 
generally begins as a student pilot under strict limitations (Sec.  
61.89), obtains a private pilot certificate with limited privileges 
(Sec.  61.113), builds flight time as a private pilot, trains and tests 
for a commercial pilot certificate with expanded privileges (Sec.  
61.133), and finally builds flight time as a commercial pilot toward 
the hours needed for the ATP certificate, which is necessary to serve 
as a PIC or SIC in part 121 operations as well as to serve as a PIC in 
certain part 135 operations.\112\
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    \111\ Because the powered-lift that are currently working 
through the aircraft certification process are largely intended for 
commercial use, this discussion focuses on the training and 
certification necessary for those types of operations. The FAA 
understands that many pilots engage in aviation solely for 
recreational purposes and may not follow this path to higher 
certification.
    \112\ See 14 CFR 135.4(a)(2)(ii)(A), 135.243(a)(1) and (2).
---------------------------------------------------------------------------

    Under this building block approach, a pilot must meet minimum 
aeronautical experience requirements at each certificate level that 
include total time requirements (e.g., 250 total hours to be eligible 
for a commercial pilot certificate) and subsets of flight time like 
pilot-in-command time, night time, and cross-country time. In many 
instances, a portion of this time must be accomplished in the aircraft 
for the category rating sought. For instance, to apply for a commercial 
pilot certificate in the airplane category, a person must have 250 
hours of flight time as a pilot of which 50 hours must be in airplanes, 
50 hours must be pilot-in-command time in airplanes, and 10 hours must 
be pilot-in-command time in cross-country flight in airplanes.
    The predominant categories of aircraft (i.e., airplane and 
rotorcraft) that operate in the NAS today have been in existence for 
over 80 years. There are currently over 470,000 certificated pilots 
(other than student pilots) including over 100,000 commercial pilots 
and 163,000 ATPs. Most importantly, there are over 121,000 certificated 
flight instructors.\113\ These flight instructors form the backbone of 
the civil airman certification framework. As noted, the only powered-
lift pilots and flight instructors with FAA certification have obtained 
those ratings through the recognition of military competency in Sec.  
61.73. Currently, the FAA has certificated 759 powered-lift pilots and 
365 powered-lift flight instructors through this process.\114\ While 
these powered-lift pilots and flight instructors form an initial cadre 
that can serve as pilots in powered-lift operations or provide training 
to persons seeking powered-lift ratings, it is likely

[[Page 38966]]

insufficient to meet the upcoming demands.
---------------------------------------------------------------------------

    \113\ https://www.faa.gov/data_research/aviation_data_statistics/civil_airmen_statistics.
    \114\ According to the FAA's Airman Certification Branch, these 
numbers represent the powered-lift airmen certificate holders as of 
Sep. 21, 2022.
---------------------------------------------------------------------------

    To add to the challenges, the FAA does not anticipate that the 
initial powered-lift that obtain type certification will be broadly 
available for basic airman training and certification at the private 
pilot level. Rather, manufacturers intend to produce powered-lift for 
commercial purposes, meaning the initial pilots will be required to 
hold at least commercial pilot certificates to act as required 
flightcrew members (i.e., PIC or SIC) for compensation or hire. This 
situation disrupts the building block approach to flight training and 
certification that has worked for other categories of aircraft. As 
there are no civil powered-lift, a person would have difficulty 
obtaining flight training due to the low numbers of qualified flight 
instructors and would not have the necessary flight time in a powered-
lift to be eligible for a commercial pilot certificate.\115\
---------------------------------------------------------------------------

    \115\ The biggest obstacle to obtaining a new category rating at 
the commercial pilot certificate level is the required PIC time in 
the category because the only way to log PIC time when a person is 
not yet rated in the aircraft is as the sole occupant. All other 
logging requirements for PIC time require the pilot to be rated in 
the aircraft. When a person obtains a rating at the private pilot 
level, there is no requirement for PIC time, but a student pilot 
must accomplish 10 hours of solo flight time, which qualifies as PIC 
time. At the commercial pilot level, for someone not yet rated in 
the category of aircraft (i.e., someone adding a new category 
rating), most of the 50 hours of PIC time required in category must 
be accomplished as solo flight time. See 14 CFR 61.51(e).
---------------------------------------------------------------------------

    Manufacturers and operators interested in using powered-lift in 
commercial operations have reached out to the FAA to express concern 
that the existing aeronautical experience requirements for powered-lift 
present an insurmountable obstacle to enabling powered-lift operations. 
The FAA understands the concerns but must find ways to enable 
operations in powered-lift without adversely affecting safety. The 
following sections lay out a proposed pathway for pilots to obtain 
powered-lift ratings through alternate aeronautical experience 
requirements and expanded logging provisions. The FAA notes that if no 
alternate aeronautical experience or logging provision is provided 
under proposed part 194, the person must meet the applicable part 61 
requirements, as appropriate.\116\
---------------------------------------------------------------------------

    \116\ See proposed Sec.  194.215(b).
---------------------------------------------------------------------------

1. Applicability of Alternate Requirements
    Except for the alternate requirements for cross-country discussed 
later in this section, the FAA proposes to limit the alternate 
aeronautical experience and logging requirements for obtaining a 
powered-lift category rating and instrument-powered-lift rating to 
those persons who already hold at least a commercial pilot certificate 
with at least an airplane category and single- or multiengine class 
rating or a rotorcraft category and helicopter class rating.\117\ The 
person would also be required to hold an instrument-airplane or 
instrument-helicopter rating that corresponds to a category rating held 
at the commercial pilot certificate level. These prerequisites would be 
set forth in proposed Sec.  194.215(a).
---------------------------------------------------------------------------

    \117\ As discussed in this section of this preamble, the FAA is 
proposing in Sec.  194.237 to provide limited relief from the 
current cross-country time requirements to private pilots.
---------------------------------------------------------------------------

    To obtain a commercial pilot certificate with either airplane class 
ratings or a helicopter rating, a person must satisfy the aeronautical 
experience requirements in Sec.  61.129(a), (b), or (c), as appropriate 
to the ratings sought, pass a knowledge test on the aeronautical 
knowledge areas specified in Sec.  61.125, and pass a practical test on 
the areas of operation listed in Sec.  61.127. To pass a practical test 
for a commercial pilot certificate with appropriate ratings, the 
applicant must demonstrate mastery of the aircraft by successfully 
performing each task specified in the areas of operation for the 
practical test. The applicant is also required to demonstrate 
proficiency and competency within the approved standards set forth for 
the commercial pilot certificate level, which are more stringent than 
the standards set forth for private pilots.\118\
---------------------------------------------------------------------------

    \118\ 14 CFR 61.43.
---------------------------------------------------------------------------

    Similarly, to obtain an instrument-airplane or -helicopter rating, 
the person must satisfy the instrument rating requirements of Sec.  
61.65 (as appropriate to the rating sought), which prescribes that the 
applicant must: obtain certain aeronautical experience, including a 
significant amount of instrument training; pass a knowledge test on the 
aeronautical knowledge areas that apply to the instrument rating 
sought; and pass a practical test on the areas of operation specified 
in Sec.  61.65(c).
    Based on these requirements, a person who already holds a 
commercial pilot certificate for airplanes or helicopters will have 
significant flight time \119\ and valuable experience operating in the 
NAS, communicating with ATC, interacting with other air traffic, and 
acting as PIC of an airplane or helicopter. The proposed applicability 
requirements would ensure that the pilots taking advantage of the 
alternate requirements set forth in the SFAR have significant 
experience in either an airplane or helicopter and have demonstrated 
proficiency and competency in either an airplane or helicopter at the 
commercial pilot level. Furthermore, by requiring these persons to hold 
an instrument-airplane or -helicopter rating, persons seeking to meet 
the alternate requirements for a powered-lift category rating would 
have experience operating an airplane or helicopter under IFR and have 
demonstrated proficiency on the instrument rating practical test. These 
prerequisites for the alternate pathway would ensure that the initial 
cadre of powered-lift pilots have a solid foundational skill set and 
extensive experience prior to adding powered-lift ratings to their 
commercial pilot certificate.
---------------------------------------------------------------------------

    \119\ To obtain a commercial pilot certificate with an airplane 
category and single- or multiengine airplane rating, an applicant 
must log at least 250 hours of total flight time as a pilot that 
consists of certain flight time and training requirements. See Sec.  
61.129(a) and (b). Similarly, to obtain a commercial pilot 
certificate with a rotorcraft category and helicopter class rating, 
an applicant must log at least 150 hours of flight time as a pilot 
that consists of certain flight time and training requirements. See 
Sec.  61.129(c).
---------------------------------------------------------------------------

2. Obtaining a Powered-lift Category Rating on the Commercial Pilot 
Certificate (Sec.  61.129(e))
    To obtain a commercial pilot certificate with a powered-lift 
category rating, a person must satisfy the eligibility requirements for 
a commercial pilot certificate, which are contained in Sec.  61.123. 
Section 61.123(f) requires a person to meet the aeronautical experience 
requirements of Sec.  61.129 that apply to the aircraft category rating 
sought before applying for the practical test. The aeronautical 
experience requirements for a person seeking to obtain a commercial 
pilot certificate with a powered-lift category rating or seeking to add 
a powered-lift category rating to a commercial pilot certificate are 
contained in Sec.  61.129(e).\120\
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    \120\ Section 61.63(b)(1) states that a person who applies to 
add a category rating to a pilot certificate, ``[m]ust complete the 
training and have the applicable aeronautical experience.'' 
Accordingly, a person seeking to add a powered-lift category rating 
to a commercial pilot certificate must meet the aeronautical 
experience requirements of Sec.  61.129(e). See Legal Interpretation 
to McClellan (2015) (explaining that there is no shortcut available 
when adding a category rating to an existing certificate).
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    Section 61.129(e) requires a person who applies for a commercial 
pilot certificate with a powered-lift category rating to log at least 
250 hours of total flight time as a pilot which must contain at least 
the subsets of aeronautical experience specified in Sec.  61.129(e)(1) 
through (4). Section 61.129(e)(1) through (4) require specific flight 
time,

[[Page 38967]]

such as flight time in powered aircraft, flight time in powered-lift, 
PIC flight time (including a certain amount of PIC time in a powered-
lift), cross-country time, flight training time, and solo flight time 
(or flight time performing the duties of PIC in a powered-lift with an 
authorized instructor onboard). The FAA established these aeronautical 
experience requirements for a powered-lift category rating in the 1997 
final rule, when the FAA established the powered-lift category in part 
61.\121\
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    \121\ Pilot, Flight Instructor, Ground Instructor, and Pilot 
School Certification Rules, Final Rule, 62 FR 16220 (Apr. 4, 1997).
---------------------------------------------------------------------------

    At the time the FAA introduced aeronautical experience requirements 
for the powered-lift category, larger powered-lift were in production. 
Based on these powered-lift, the FAA decided to codify aeronautical 
experience requirements for powered-lift that mirrored the aeronautical 
experience requirements for airplanes. The preamble supporting the 1997 
final rule was silent as to why the aeronautical experience 
requirements for airplanes were more appropriate for powered-lift 
compared to the aeronautical experience requirements for other 
categories of aircraft. Since the FAA added the powered-lift category 
to part 61, several powered-lift are in the type-certification process. 
The powered-lift currently coming to the civilian market do not align 
with the aircraft that the FAA anticipated at the time it codified the 
aeronautical experience requirements for the powered-lift 
category.\122\ Additionally, powered-lift did not flood the civilian 
market as the FAA anticipated.
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    \122\ Powered-lift coming to market today are much different in 
size, capabilities, range, performance, and propulsion than what was 
present in 1997. The larger transport category size aircraft at that 
time differ greatly from powered-lift coming to market today, many 
of which have electric propulsion concepts, simplified flight 
controls, and other operational considerations that were not present 
when the FAA first codified powered-lift in the rule.
---------------------------------------------------------------------------

    Currently, civilian pilots are unable to satisfy many of the 
aeronautical experience requirements in Sec.  61.129(e) because there 
are no certificated powered-lift in civil operations in which they can 
build the necessary flight time. Even when powered-lift category 
aircraft are introduced to civil aviation, pilots will be unable to 
satisfy several of the aeronautical experience requirements for a 
commercial pilot certificate and an instrument rating, such as PIC 
flight time in powered-lift and cross-country experience in powered-
lift. As subsequently discussed in more detail, the logging 
requirements of Sec.  61.51(e) currently present obstacles for a pilot 
who is not rated in a powered-lift to log PIC flight time in a powered-
lift. Additionally, several powered-lift coming to market are not 
capable of completing the long-range distances that are currently 
prescribed for cross-country flights in Sec.  61.129(e)(3) and (4).
    The FAA recognizes the need to enable a pathway for a person to 
obtain a powered-lift category on their commercial pilot certificate. 
However, because powered-lift are just beginning to enter the market, 
the FAA lacks the operational data necessary to properly inform a 
rulemaking that would permanently amend the aeronautical experience 
requirements in Sec.  61.129(e). The FAA is therefore proposing in part 
194 to enable certain applicants for a powered-lift category rating on 
their commercial pilot certificate to satisfy alternate aeronautical 
experience and logging requirements. Additionally, the proposed rule 
would permit the applicant to credit additional time obtained in an FFS 
towards certain flight time requirements.\123\
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    \123\ The FAA notes that part 60 does not currently contain 
qualification standards for powered-lift FSTDs (i.e., FFSs and 
FTDs); however, the FAA intends to qualify powered-lift FSTDs in 
accordance with proposed Sec.  194.105, as discussed in section IV.C 
of this preamble.
---------------------------------------------------------------------------

    This section of the preamble discusses the alternate experience and 
logging requirements, as applicable, to obtain a powered-lift category 
rating on a commercial pilot certificate, for (1) test pilots and 
instructor pilots, (2) the initial cadre of instructors, (3) pilots 
receiving training under an approved training program, including 
provisions that would enable certain applicants to credit time obtained 
in an FFS toward certain flight time requirements. Alternate 
requirements for cross-country flights are discussed subsequently in 
this section because they are generally applicable to all applicants 
for a commercial pilot certificate with a powered-lift category rating. 
Section E.5.i of this preamble contains tables summarizing the proposed 
alternate requirements for persons seeking a powered-lift category 
rating on a commercial pilot certificate.
i. Test Pilots and Instructor Pilots: Alternate Aeronautical Experience 
and Logging Requirements for a Powered-lift Category Rating
    Currently, several manufacturers are pursuing a type certificate 
for powered-lift, which requires developmental and certification flight 
tests to establish that the aircraft meets the applicable certification 
standards.\124\ To enable this flight testing in a non-type-
certificated aircraft, the FAA issues an experimental certificate to 
the aircraft for certain purposes, such as for research and development 
and showing compliance with the FAA's regulations, as discussed in 
section V.A of this preamble. Powered-lift manufacturers also have 
instructor pilots who are tasked with developing and validating the 
training for experimental powered-lift. To enable these training 
flights, the FAA issues experimental certificates for the purpose of 
crew training. At this time, the manufacturers' test pilots and 
instructor pilots are the only pilots who have significant experience 
operating the civil powered-lift that are coming to market.
---------------------------------------------------------------------------

    \124\ See 14 CFR 21.35.
---------------------------------------------------------------------------

    As discussed in section V.D of this preamble, the manufacturers' 
test pilots play a significant role in the development and 
certification of an aircraft. For example, they are involved in the 
certification plan for the powered-lift; the manufacturer's design, 
development, and flight testing of the aircraft's systems and 
components; and conducting both qualitative and quantitative flight 
tests for aircraft evaluations. As a result, test pilots have intricate 
knowledge of the aircraft systems, which enables the test pilot to 
identify risks and mitigation techniques to ensure product safety. Test 
pilots are also responsible for authoring certain material for the 
aircraft flight manual and for performing maintenance checks and post-
maintenance flight checks. Furthermore, instructor pilots are 
responsible for developing the manufacturer's training curriculum, 
which includes the development of training requirements for the 
aircraft. These duties of a test pilot and instructor pilot establish 
significant experience in a particular powered-lift and intricate 
knowledge of the aircraft's systems and components, thereby exceeding 
the duties of a pilot operating in a normal flight environment. The FAA 
has determined that it would be beneficial to leverage the experience 
these pilots have in powered-lift to create an initial cadre of 
powered-lift pilots.
    Accordingly, the FAA is proposing alternate aeronautical experience 
and logging requirements that would remove certain obstacles that 
currently preclude a test pilot or instructor pilot from obtaining a 
powered-lift rating pursuant to Sec.  61.129(e). Each of the proposed 
alternate requirements are discussed below.

[[Page 38968]]

a. Aeronautical Experience Requirements Concerning Training (Sec.  
61.129(e)(3))
    Currently, Sec.  61.129(e)(3) requires an applicant for a powered-
lift category rating to log at least 20 hours of training from an 
authorized instructor \125\ on the areas of operation listed in Sec.  
61.127(b)(5), which include the following: preflight preparation; 
preflight procedures; airport and heliport \126\ operations; hovering 
maneuvers; takeoffs, landings, and go-arounds; performance maneuvers; 
navigation; slow flight and stalls; emergency operations; high-altitude 
operations; special operations; and post flight procedures.
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    \125\ Section 61.1 defines ``authorized instructor'' as: a 
person who holds a ground instructor certificate issued under part 
61 of this chapter and is in compliance with Sec.  61.217, when 
conducting ground training in accordance with the privileges and 
limitations of their ground instructor certificate; a person who 
holds a flight instructor certificate issued under part 61 and is in 
compliance with Sec.  61.197, when conducting ground training or 
flight training in accordance with the privileges and limitations of 
their flight instructor certificate; or a person authorized by the 
Administrator to provide ground training or flight training under 
part 61, 121, 135, or 142 when conducting ground training or flight 
training in accordance with that authority.
    \126\ As discussed in section V.I of this preamble, the FAA 
proposes in this SFAR to extend the definition of heliport in 14 CFR 
1.1 as applicable to powered-lift, thereby facilitating the use of 
heliports as a means for powered-lift take-off and landing.
---------------------------------------------------------------------------

    While the flight experience of a test pilot for a powered-lift 
manufacturer far exceeds that of a civilian pilot conducting operations 
in a normal flight environment, the test pilot does not receive flight 
training in accordance with part 61 as part of their duties performing 
flight tests required for aircraft certification.\127\ Therefore, a 
test pilot will not obtain the 20 hours of flight training from an 
authorized instructor that is a prerequisite for applying for a 
powered-lift rating. However, the manufacturer will have instructor 
pilots who develop a proposed training curriculum for its experimental 
powered-lift during the aircraft certification process. These 
instructor pilots deliver the proposed training curriculum to a pool of 
pilots as part of its validation process with the FAA's Aircraft 
Evaluation Division.\128\
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    \127\ The FAA reemphasizes that, for airplanes and helicopters, 
a test pilot for a manufacturer will hold the necessary certificates 
and ratings before becoming a test pilot by completing flight 
training and building flight time through the usual building block 
approach for certification. The introduction of powered-lift into 
civil operations creates a unique situation because so few 
individuals (i.e., military pilots and former military pilots) hold 
the required ratings.
    \128\ The manufacturer provides a minimum training program to 
get initial qualification and issuance of the associated pilot type 
rating. The FSB evaluates and validates the applicant's training 
proposal using a standard process that includes multiple `test 
subjects' not previously aware of or trained on the new aircraft.
---------------------------------------------------------------------------

    In proposed Sec. Sec.  194.217 and 194.219, the FAA proposes 
alternate means for test pilots and instructor pilots, respectively, to 
meet the requirement of 20 hours of training on the areas of operation 
listed in Sec.  61.127(b)(5) in an experimental powered-lift at the 
manufacturer. Specifically, the FAA proposes to permit test pilots to 
satisfactorily complete the manufacturer's proposed training curriculum 
in the experimental powered-lift with an instructor pilot for the 
manufacturer rather than with an authorized instructor. As proposed in 
Sec.  194.217(b)(1), the curriculum would be required to include the 20 
hours of training on the areas of operation set forth in Sec.  
61.127(b)(5), as required by Sec.  61.129(e)(3). The training would 
meet the part 61 requirements in all other respects (except as 
discussed later in this section with regard to cross-country time 
requirements). To verify this training, proposed Sec.  
194.217(b)(1)(ii) would require the test pilot to receive a logbook or 
training record endorsement from the instructor pilot certifying that 
the test pilot satisfactorily completed the training curriculum.\129\
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    \129\ While a test pilot would be required to receive an 
endorsement from an instructor pilot verifying that the test pilot 
satisfactorily completed the manufacturer's proposed training 
curriculum, the test pilot would also be required to receive the 
endorsement in Sec.  61.123(e). Proposed 194.213(a) would permit 
instructor pilots to provide the required logbook or training record 
endorsements under part 61 for a commercial pilot certificate with a 
powered-lift category rating. Therefore, the endorsement required 
under Sec.  61.123(e) may be provided by an instructor pilot in lieu 
of an authorized instructor.
---------------------------------------------------------------------------

    Because the instructor pilots are most familiar with the training 
curriculum and its development, the FAA finds it is appropriate to 
allow them to conduct the training required by Sec.  61.129(e) even if 
they are not authorized instructors as defined in Sec.  1.1. The 
proposed requirement to allow for the completion of the manufacturer's 
proposed training curriculum with an instructor pilot would apply to 
the test pilots as they have a solid foundational knowledge of powered-
lift prior to receiving any training from an instructor pilot, and the 
instructor pilot was responsible for developing the training 
curriculum. The quality of flight training provided by the instructor 
pilot combined with the test pilot's previous experience operating the 
powered-lift for type certification purposes would ensure that there is 
no adverse impact to safety.
    Furthermore, in light of the quality of flight training provided by 
the instructor pilot who is intimately familiar with the powered-lift 
and has developed the training for the manufacturer, the FAA is 
proposing an alternate requirement in Sec.  194.219(b)(1) that would 
allow the instructor pilot who provides the proposed training 
curriculum to the test pilot to credit the time providing the training 
towards Sec.  61.129(e)(3) for purposes of the instructor pilot 
obtaining a commercial pilot certificate with a powered-lift category 
rating. To verify to the examiner who will conduct the practical test 
that the instructor pilot satisfied this alternate experience 
requirement, the FAA is proposing in Sec.  194.219(b)(1)(ii) to require 
the instructor pilot to receive an endorsement from a management 
official within the manufacturer's organization certifying that the 
instructor pilot has provided the manufacturer's proposed training 
curriculum to a test pilot on the areas of operation listed in Sec.  
61.127(b)(5). This section subsequently discusses the reasons 
underlying this proposal, including those regarding prohibition against 
self-endorsements.
    Section 61.129(e)(3)(iv) currently requires that, within the 20 
hours of training for a powered-lift category rating, an applicant must 
log at least 3 hours in a powered-lift with an authorized instructor in 
preparation for the practical test within the preceding two calendar 
months from the month of the test. To enable the test pilot (or 
instructor pilot) to take the practical test after satisfactorily 
completing (or providing) the manufacturer's proposed training 
curriculum, the FAA proposes in Sec. Sec.  194.217(b)(2) and 
194.219(b)(2) to permit the preparation for a practical test to be 
completed with an instructor pilot rather than an authorized 
instructor, as required by part 61. Because the instructor pilot would 
deliver the training, the FAA finds that it would be appropriate to 
permit the instructor pilot to also ensure that test pilot is prepared 
for the practical test.\130\ Additionally, to enable the examiner to 
verify that the applicant received the preparation for the practical 
test, the applicant would be required to receive a logbook endorsement 
under Sec.  61.123(e)(2). As subsequently discussed in this section, 
the FAA proposes in Sec.  194.213 to allow the

[[Page 38969]]

applicant to obtain the part 61 logbook or training record endorsement 
from an instructor pilot certifying that the applicant is prepared for 
the practical test rather than from an authorized instructor. For the 
same reasons discussed above, the FAA finds that permitting this flight 
to take place with an instructor pilot rather than an authorized 
instructor would not adversely affect safety.
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    \130\ The FAA notes that, while the instructor pilot is 
providing training to the test pilot rather than receiving training, 
the instructor pilot would still be required to receive 3 hours of 
training time in preparation for the commercial pilot practical 
test. The instructor pilot would receive this training time from 
another instructor pilot at the manufacturer.
---------------------------------------------------------------------------

b. Aeronautical Experience Requirements Involving Time Performing the 
Duties of PIC in Experimental Powered-Lift (Sec.  61.129(e)(4))
    Section 61.129(e)(4) currently requires an applicant for a powered-
lift category rating to obtain either 10 hours of solo flight time in a 
powered-lift under an endorsement from an authorized instructor \131\ 
or 10 hours of flight time performing the duties of PIC in a powered-
lift with an authorized instructor onboard. Either of these flight 
times may be credited towards the flight time requirement in Sec.  
61.129(e)(2), which requires 100 hours of PIC flight time.\132\
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    \131\ Under Sec.  61.31(d)(2), to obtain solo flight time, a 
person must have received training and an endorsement from an 
authorized instructor.
    \132\ Of the 100 hours of PIC time required by Sec.  
61.129(e)(2), 50 hours must be accomplished in a powered-lift and 50 
hours must be accomplished in cross-country flight. Ten hours of the 
cross-country flight time must be in a powered-lift. 14 CFR 
61.129(e)(2)(i), (ii).
---------------------------------------------------------------------------

    To preserve the option of obtaining solo flight time, the FAA is 
proposing in Sec. Sec.  194.217(b)(3) and 194.219(b)(3) to allow test 
pilots and instructor pilots to obtain the solo endorsement from an 
instructor pilot in lieu of an authorized instructor. The FAA is also 
proposing to allow test pilots and instructor pilots to complete the 10 
hours of flight time performing the duties of PIC in an experimental 
powered-lift without an authorized instructor onboard. Instead of the 
authorized instructor, Sec. Sec.  194.217(b)(3) and 194.219(b)(3) would 
require an additional test pilot or instructor pilot to be onboard. The 
FAA finds that this proposal would not adversely affect safety because 
both the test pilot and the instructor pilot are authorized by the FAA 
to act as PIC of the experimental aircraft. Additionally, the test 
pilot has significant experience acting as PIC of the powered-lift in 
operations conducted for the purpose of research and development and 
showing compliance with the regulations. Similarly, the instructor 
pilot has experience acting as PIC of the powered-lift in operations 
conducted for the purpose of crew training.
c. Aeronautical Experience Requirements Involving Logging PIC Flight 
Time (Sec.  61.129(e)(2))
    Not all manufacturer test pilots or instructor pilots will hold a 
powered-lift category rating. The aeronautical experience requirement 
in Sec.  61.129(e)(2)(i) requires an applicant for a powered-lift 
rating at the commercial pilot certificate level to obtain 50 hours of 
PIC flight time in powered-lift. Under Sec.  61.51(e)(1), as relevant, 
a pilot may log PIC time when the pilot is the sole manipulator of the 
controls of an aircraft for which the pilot is rated (category, class, 
and type rating, if appropriate), or the sole occupant of an 
aircraft.\133\ The FAA has identified obstacles in each of these 
logging provisions with respect to test pilots and instructor pilots.
---------------------------------------------------------------------------

    \133\ Under Sec.  61.51(e)(1)(iii), a person may log PIC time 
when acting as PIC of an aircraft for which more than one pilot is 
required under the type certification of the aircraft or the 
regulations under which the flight is conducted. Because an 
experimental aircraft is not type-certificated and is not operated 
under regulations requiring a second pilot (e.g., Sec.  135.101), 
this PIC logging provision would not apply to test pilots and 
instructor pilots. Additionally, under Sec.  61.51(e)(1)(iv), a 
pilot may log PIC time when the pilot performs the duties of PIC 
while under the supervision of a qualified PIC, provided certain 
requirements are met. Because test pilots and instructor pilots 
would not meet the certification requirements and the training would 
not be completed under an approved training program, the PIC logging 
provision of Sec.  61.51(e)(1)(iv) would also not apply to test 
pilots and instructor pilots.
---------------------------------------------------------------------------

    Section 61.51(e)(1)(i) precludes a test pilot from logging PIC 
flight time in a powered-lift for which the pilot is not rated, even if 
the test pilot is solely manipulating the controls. Furthermore, while 
the current regulations permit a test pilot to log PIC flight time when 
the test pilot is the sole occupant of the aircraft, the test pilot may 
not be the sole occupant of the powered-lift when the test pilot is 
conducting operations for research and development or for showing 
compliance with the regulations.\134\ Additionally, the powered-lift 
may require two pilot flightcrew members, in which case the test pilot 
would not be the only pilot onboard.
---------------------------------------------------------------------------

    \134\ The ``sole occupant'' provision is intended to recognize 
the solo flight time that is required under the aeronautical 
experience requirements for certificates and ratings. Because 
student pilots seeking an initial category and class rating or 
certificated pilots who are adding a new rating to their pilot 
certificate are not yet rated, this section recognizes this solo 
time as PIC time without the pilot having to be rated in the 
aircraft. Section 61.31(d)(2) permits pilots to act as PIC of an 
aircraft when not rated in the aircraft provided, they have received 
the required training that is appropriate to the pilot certification 
level, aircraft category, class, and type rating (if a class or type 
rating is required) for the aircraft to be flown and have received 
an endorsement for solo flight in that aircraft from an authorized 
instructor.
---------------------------------------------------------------------------

    As previously discussed at length, test pilots play a key role in 
the development and certification of a powered-lift. While these pilots 
may not be rated in a powered-lift, they are authorized by the FAA to 
act as PIC of the experimental powered-lift and have extensive 
experience manipulating the controls of the aircraft in operations 
conducted for research and development and for showing compliance with 
the regulations. Furthermore, when a test pilot conducts a qualitative 
or quantitative flight test in the powered-lift, that flight test is 
not conducted in a sterile environment. Instead, the test pilot is 
responsible for conducting the aircraft flight tests while also 
considering the operational aspects of the flight, including filing a 
flight plan, conducting departures and instrument approaches, 
communicating with ATC, and interacting with other aircraft.
    Upon evaluating the various duties that a test pilot performs, the 
FAA has determined that certain flight time obtained by these test 
pilots should count towards the PIC flight time requirement for a 
powered-lift category rating in Sec.  61.129(e). The FAA is therefore 
proposing an alternate logging requirement in proposed Sec.  194.217(c) 
that would permit the test pilots to log PIC flight time for flights 
when they are the sole manipulator of the controls of the experimental 
powered-lift despite the fact that they are not rated in the aircraft. 
The FAA finds that this alternate logging requirement would enable 
these test pilots to more easily attain the 50 hours of PIC flight time 
in a powered-lift.
    The FAA also proposes an alternate logging requirement for 
instructor pilots. Under Sec.  61.51(e)(3), a CFI may log PIC flight 
time for all flight time while serving as the authorized instructor in 
an operation if the instructor is rated as PIC of that aircraft. 
Similar to test pilots, instructor pilots for a powered-lift 
manufacturer may not be authorized instructors as defined in FAA 
regulations and may not hold powered-lift ratings. However, as 
discussed previously, these instructor pilots are involved in 
developing, validating, and delivering the manufacturer's proposed 
training curriculum. Additionally, an instructor pilot is authorized by 
the FAA to act as PIC of the experimental powered-lift.
    Therefore, in light of the instructor pilot's experience with the 
powered-lift, their involvement with the manufacturer's proposed 
training curriculum, and their authorization to

[[Page 38970]]

act as PIC, the alternate logging requirement in proposed Sec.  
194.219(c) would permit the instructor pilots to log PIC flight time 
for flights when they are serving as an instructor pilot for the 
manufacturer of an experimental powered-lift for which the pilot is not 
rated. This logging provision would enable these instructor pilots to 
log PIC flight time for flights when they are providing the proposed 
training curriculum to the test pilots. This logging provision would 
also facilitate the instructor pilot's ability to obtain 50 hours of 
PIC time for purposes of obtaining a powered-lift category rating on 
their commercial pilot certificate.
    The FAA notes that this proposal would permit pilots to log the 
time that meets the criteria set forth in this SFAR retroactively if 
the rule becomes final. Flight time that a pilot is currently accruing, 
and has previously accrued, that meets these conditions may be applied 
towards the 50-hour requirement when the pilot applies to take the 
practical test.
ii. Initial Cadre Instructors: Alternate Aeronautical Experience and 
Logging Requirements for Powered-Lift Category Ratings
    While the proposed alternate experience and logging requirements 
for test pilots and instructor pilots would enable those individuals to 
obtain powered-lift ratings on their pilot certificates, the FAA finds 
that those alternate requirements alone would be insufficient to 
develop sufficient personnel to support training in a powered-lift 
under an approved training program under part 135, 141, or 142. Before 
an operator under part 135, a pilot school under part 141, or a 
training center under part 142 may provide an approved training 
curriculum for a powered-lift, the operator, pilot school, or training 
center must have persons who are fully qualified under those parts to 
provide the training.
    To serve as a check pilot in an approved part 135 training 
curriculum, a person must hold the certificates and ratings required to 
serve as PIC in the aircraft. As discussed in section V.I of this 
preamble, the FAA is proposing that a person must hold at least a 
commercial pilot certificate with a powered-lift category rating, 
instrument-powered-lift rating, and an appropriate type rating for the 
powered-lift to serve as PIC in part 135. As such, a part 135 check 
pilot would be required to hold the same ratings as a PIC on their 
pilot certificate under Sec.  135.337(b)(1). To be designated as an 
assistant chief instructor or chief instructor for a course of training 
in a powered-lift under part 141, a person must hold a powered-lift 
category rating on both their commercial pilot certificate and their 
flight instructor certificate in addition to holding the type rating on 
their commercial pilot certificate.\135\ Lastly, to instruct in a 
powered-lift in flight under part 142, a training center instructor 
must be qualified in accordance with subpart H of part 61, which 
requires a flight instructor to hold the appropriate category ratings 
on both their pilot and flight instructor certificates, in addition to 
holding the type rating on their commercial pilot certificate. To 
obtain the necessary powered-lift category rating on their pilot 
certificate, these persons would be required to comply with the 
aeronautical experience requirements in Sec.  61.129(e).
---------------------------------------------------------------------------

    \135\ 14 CFR 141.35(a)(1), 141.36(a)(1), 141.37(a)(2)(ii).
---------------------------------------------------------------------------

    Persons seeking to provide training under an approved training 
curriculum in a powered-lift under part 135, 141, or 142 would 
encounter the same obstacles with the aeronautical experience 
requirements in Sec.  61.129 as test pilots and instructor pilots at a 
manufacturer. These regulatory obstacles are further complicated by the 
challenges associated with creating and building an initial cadre of 
instructors who are qualified to provide training under part 135, 141, 
or 142. Because test pilots and instructor pilots would be the first 
pilots who obtain powered-lift ratings under this SFAR, the FAA 
proposes to use them to build the initial cadre of instructors who 
would provide training under approved training programs. Specifically, 
the FAA proposes to allow certain persons employed by part 135 
operators, part 141 pilot schools, and part 142 training centers to 
receive training in a powered-lift from an instructor pilot at the 
manufacturer for the purpose of qualifying sufficient personnel to 
conduct training in a powered-lift in accordance with an approved 
training program under parts 135, 141, and 142.\136\
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    \136\ As discussed in section V.G of this preamble, certain 
manufacturers may choose to pursue certification as a part 141 pilot 
school or part 142 training center to facilitate the flight training 
of their customers' personnel. This model has been employed by other 
manufacturers such as Boeing and Airbus. In those cases, the 
manufacturer would not need to limit its training to the individuals 
identified in this section. This proposal is intended to facilitate 
training administered by manufacturers when the manufacturer does 
not hold an air agency certificate.
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    The FAA considered permitting any person who meets the 
qualifications to serve as an authorized instructor under part 135, 
141, or 142 to receive training at the manufacturer. However, 
recognizing the diversity in flight time and experience across such a 
broad group of instructors, the FAA decided that there were 
insufficient risk mitigations to ensure an appropriate level of safety 
would be maintained by permitting such an expansive group of 
individuals to receive training at the manufacturer in place of the 
approved training under part 135, 141, or 142. The FAA concluded that, 
where a manufacturer does not hold an air agency certificate, it is 
necessary to confine the training population to a more select group of 
individuals. These individuals should be the most qualified instructors 
at a part 135 operator, part 141 pilot school, or part 142 training 
center. Therefore, the FAA is proposing in Sec.  194.221(a) to permit 
persons who are authorized to serve as initial check pilots, chief 
instructors, assistant chief instructors, or training center evaluators 
to receive the training for powered-lift ratings at a manufacturer.
    Under part 135, check pilots are airmen approved by the FAA who 
have the appropriate knowledge, training, experience, and demonstrated 
ability to evaluate and to certify the knowledge and skills of other 
pilots during competency and instrument proficiency checks. The role of 
a check pilot is to ensure that the flightcrew member (1) has met 
competency standards before the check pilot releases the flightcrew 
member from training and (2) maintains those standards while continuing 
in line service. A check pilot under part 135 must be knowledgeable in 
the applicable requirements of parts 61, 91, 110, 119, and 135, other 
applicable FAA policies, safe operating practices, and the certificate 
holder's policies and procedures.
    For part 141, the FAA is proposing to permit persons who are 
authorized to serve as initial chief instructors and assistant chief 
instructors for powered-lift courses to receive training from an 
instructor pilot at a manufacturer. Consistent with the reasons for 
selecting check pilots under part 135, the FAA chose these individuals 
because they would be among the most qualified instructors at the pilot 
school. Sections 141.35 and 141.36 prescribe the qualification 
requirements for chief instructors and assistant chief instructors, 
respectively. Under these regulations, chief instructors and assistant 
chief instructors must meet PIC recent flight experience requirements 
of Sec.  61.57; pass a knowledge test on teaching methods, applicable 
provisions of the ``Aeronautical Information Manual,'' the applicable 
provisions of parts 61, 91, and 141, and the objectives and course 
completion standards of the

[[Page 38971]]

approved training course for which the person seeks to obtain 
designation; pass a proficiency test on the instructional skills and 
ability to train students on the flight procedures and maneuvers 
appropriate to the course; and meet certain PIC flight time and flight 
training experience requirements. For a course of training leading to a 
commercial pilot certificate, a chief instructor and assistant chief 
instructor would be required to have at least 2,000 hours and 1,000 
hours of PIC time, respectively. Additionally, the chief instructor and 
assistant chief instructor would be required to have significant 
experience providing flight training. A chief instructor would be 
required to have flight training experience that consists of at least 
(1) 3 years and 1,000 flight hours, or (2) 1,500 flight hours. An 
assistant chief instructor would be required to have flight training 
experience that consists of at least (1) 1.5 years and a total of 500 
flight hours, or (2) 750 flight hours. Furthermore, the 
responsibilities of a chief instructor, which may be delegated to an 
assistant chief instructor, include conducting stage checks, end-of-
course tests, and flight instructor proficiency checks.\137\
---------------------------------------------------------------------------

    \137\ The flight instructors at a part 141 pilot school must 
receive an initial proficiency check prior to being assigned 
instructing duties in an approved training course as well as 
recurrent proficiency checks every 12 calendar months.
---------------------------------------------------------------------------

    For part 142, the FAA is proposing to permit persons who are 
authorized to serve as initial training center evaluators (TCE) to 
receive training for powered-lift ratings from an instructor pilot at a 
manufacturer. TCEs are airmen who are designated by the FAA in 
accordance with part 183 to be pilot examiners on behalf of the 
Administrator. Part 142 outlines the prerequisites, training 
requirements, operating procedures, and limitations of TCEs. Pursuant 
to Sec.  142.55(a), a TCE must be approved by the Administrator and 
meet the instructor qualification and training requirements of subpart 
C of part 142. Additionally, a TCE must be qualified in each specific 
curriculum and the associated flight training equipment for which TCE 
privileges are requested.
    At the time an operator, pilot school, or training center sends an 
individual to the manufacturer for training in a powered-lift, the 
individual will not be fully qualified as a check pilot, chief 
instructor, assistant chief instructor, or TCE for powered-lift. The 
first step to becoming fully qualified is for the person to obtain the 
appropriate ratings on their pilot certificate. Therefore, the 
individuals attending the training at the manufacturer will be 
candidates for their respective positions. The operator, pilot school, 
or training center would have the discretion in selecting the 
individuals they wish to send to the manufacturer for training. Given 
the functions and duties associated with being the first person to 
provide training under an approved training program, the FAA 
anticipates that individuals would be selected based on their pilot and 
flight instructor qualifications and experience, their record as an 
airman regarding accidents and incidents, their reputation for 
integrity and dependability within the industry, and their knowledge 
and skill as it relates to learning how to operate and instruct in a 
new aircraft.
    To ensure an appropriate level of oversight, the FAA is proposing 
in Sec.  194.221(a) to require these individuals to be authorized by 
the Administrator.\138\ The FAA intends this authorization to be issued 
in the form of a temporary letter of approval that states the 
individual is approved as a candidate to serve as an initial cadre 
check pilot, chief instructor, assistant chief instructor, or TCE for 
the purpose of establishing sufficient qualified personnel to conduct 
training with the powered-lift type under an approved training program 
under part 135, 141, or 142. The FAA notes that, upon receiving 
training in the powered-lift at the manufacturer, the individual would 
complete a practical test with an FAA inspector or designee to receive 
the appropriate powered-lift ratings. The individual could subsequently 
obtain a powered-lift category rating on their flight instructor 
certificate in accordance with the current requirements in subpart H of 
part 61. In accordance with current practice, when the newly rated 
individual returns to their operator, pilot school, or training center, 
they would become proficient in the proposed training curriculum under 
their respective part by providing instruction to other initial cadre 
check pilots, chief instructors, assistant chief instructors, or TCEs, 
become fully qualified to serve in their designated function, and 
receive a permanent letter of approval after becoming fully qualified.
---------------------------------------------------------------------------

    \138\ See proposed Sec. Sec.  194.203, 194.213, 194.217, 
194.219, 194.221, 194.225, 194.227, and 194.229.
---------------------------------------------------------------------------

a. Aeronautical Experience Requirements Concerning Training (Sec.  
61.129(e))
    With respect to the alternate experience and logging requirements 
for these persons, the FAA is proposing alternate requirements that are 
largely similar to those proposed for test pilots and instructor pilots 
in that they provide relief from the same obstacles that exist in 
Sec. Sec.  61.129(e) and 61.51(e)(1). First, in place of the 
requirement in Sec.  61.129(e)(3), which requires 20 hours of training 
on the areas of operation listed in Sec.  61.127(b)(5) from an 
authorized instructor, the FAA is proposing in Sec.  194.221(b)(1) to 
permit the individual to satisfactorily complete the manufacturer's 
training curriculum in the powered-lift. The training curriculum must 
include 20 hours of flight training on the areas of operation listed in 
Sec.  61.127(b)(5) and be provided by an instructor pilot at the 
manufacturer. Additionally, for verification purposes, the individual 
would be required to receive an endorsement in their logbook or 
training record from the instructor pilot certifying that the training 
was completed, pursuant to proposed Sec.  194.221(b)(1)(ii).
    The FAA recognizes that these individuals do not have the same 
extensive experience with the powered-lift as the test pilots. However, 
at this stage of the process, the powered-lift would be type-
certificated, the manufacturer's training curriculum would be 
validated, and the instructor pilot would be appropriately rated in the 
powered-lift. Given the knowledge and familiarity an instructor pilot 
has with a powered-lift type and the manufacturer's training 
curriculum, the FAA finds that an instructor pilot would be the most 
knowledgeable and skilled to provide instruction to the initial group 
of pilots who would serve as the first instructors at a part 135 
operator, part 141 pilot school, or part 142 training center.
    Additionally, as stated previously, to mitigate risk, the FAA is 
proposing to narrowly confine the population of persons who may receive 
training from an instructor pilot at a manufacturer that does not hold 
an air agency certificate. In light of the qualification requirements 
for check pilots, chief instructors, assistant chief instructors, and 
TCEs, which must be met by the individual prior to the individual 
providing initial training under an approved training program, the FAA 
finds that the persons selected would be among the most highly 
qualified at the operator, pilot school and training center. As a 
result, the FAA finds that these persons would be the most capable 
pilots to receive training in the new powered-lift type for the purpose 
of becoming rated in the aircraft and subsequently initiating training 
in the aircraft at their certificate holders. Furthermore, requiring 
the individual to be authorized by the FAA would ensure the FAA has 
regulatory oversight over

[[Page 38972]]

the individuals selected, which would further mitigate risk. For the 
reasons stated above, the FAA finds that temporarily permitting a small 
population of instructors to receive training from the manufacturer for 
the purpose of developing sufficient personnel to provide training in 
powered-lift under parts 135, 141, and 142 would not adversely affect 
safety.
    Second, the aeronautical experience requirement in Sec.  
61.129(e)(3) would present the same obstacle for individuals receiving 
training at the manufacturer from an instructor pilot. As with test 
pilots and instructor pilots, the person receiving the manufacturer's 
training from an instructor pilot would not have an authorized 
instructor, as defined in Sec.  61.1, to provide the flight training in 
preparation for the practical test. The FAA is therefore proposing in 
Sec.  194.221(b)(2) to permit the preparation for the practical test to 
be completed with an instructor pilot rather than an authorized 
instructor.\139\ Consistent with the reasons for proposing the same 
alternate requirement for test pilots and instructor pilots, which is 
previously discussed, the FAA finds that it would be appropriate to 
permit the instructor pilot who provided the training to also ensure 
that the person is prepared for the practical test. This proposed 
alternate requirement would enable the person to take the practical 
test after satisfactorily completing the manufacturer's training 
curriculum. Because of the instructor pilot's experience with the 
powered-lift and their involvement with the manufacturer's training 
curriculum, the FAA finds that temporarily permitting the instructor 
pilot to replace the authorized instructor specified in Sec.  
61.129(e)(3) would not adversely affect safety, especially in light of 
the small population of pilots who would require this relief.
---------------------------------------------------------------------------

    \139\ To the extent that instructor pilots may hold the 
necessary certificates and ratings to be an authorized instructor as 
defined in Sec.  61.1 in a powered-lift, those instructor pilots 
would be able to provide endorsements without need for the proposed 
relief.
---------------------------------------------------------------------------

    Third, Sec.  61.129(e)(4) requires an applicant for a powered-lift 
category rating to obtain either 10 hours of solo flight time in a 
powered-lift or 10 hours of flight time performing the duties of PIC in 
a powered-lift with an authorized instructor onboard. Either of these 
flight times may be credited towards the flight time requirement in 
Sec.  61.129(e)(2), which requires 100 hours of PIC flight time, of 
which 50 hours must be in powered-lift. Consistent with the alternate 
requirements proposed for test pilots and instructor pilots, the FAA is 
proposing in Sec.  194.221(b)(3) to permit the instructor pilot to 
replace the authorized instructor in Sec.  61.129(e)(4). For the 
reasons stated in the previous paragraph, the FAA finds that an 
instructor pilot is qualified to temporarily serve in this role. 
Additionally, the FAA finds that any risk to safety would be mitigated 
by the scope of the relief because the alternate requirement would 
apply only to those individuals who were authorized by the FAA to serve 
as an initial check pilot, chief instructor, assistant chief 
instructor, or TCE for the purpose of initiating training in a powered-
lift under part 135, 141, or 142; the temporary nature of the relief; 
and the qualifications and experience held by the initial cadre of 
instructors to whom the relief would apply.
b. Alternate Aeronautical Experience Logging PIC Flight Time (Sec.  
61.129(e)(2))
    The FAA finds that the aeronautical experience requirement in Sec.  
61.129(e)(2)(i), which requires 50 hours of PIC flight time in powered-
lift, presents an obstacle in light of the PIC logging requirements set 
forth in Sec.  61.51(e) for the initial cadre of instructors who would 
train with the manufacturer under this proposal. As discussed, under 
Sec.  61.51(e)(1), as relevant, a pilot may log PIC time when the pilot 
is the sole manipulator of the controls of an aircraft for which the 
pilot is rated (category, class, and type rating, if appropriate), or 
the sole occupant of an aircraft. The initial cadre of instructors who 
attend training at a manufacturer will not yet be rated in the powered-
lift, so they will not be able to log PIC time as sole manipulator of 
the controls. Additionally, because the majority of the flight time 
with the manufacturer would consist of training time with an instructor 
pilot, the person would not be able to log this time as PIC time as the 
sole occupant of the powered-lift.
    To establish the initial cadre of persons who would initiate 
training in a powered-lift in accordance with an approved training 
program under part 135, 141, or 142, the FAA is proposing in Sec.  
194.221(c) to temporarily permit those persons who would receive 
training at the manufacturer to log up to 40 hours of PIC flight time 
towards the 50-hour requirement during flights when the person is the 
sole manipulator of the controls of the powered-lift for which the 
person is not rated, provided the person is manipulating the controls 
of the powered-lift, performing the duties of PIC with an instructor 
pilot onboard, and the flight is conducted in accordance with the 
manufacturer's training curriculum.
    This proposed alternate logging requirement would enable persons to 
log 40 hours of PIC flight time for flights when they are obtaining 
flight training on the areas of operation specified in Sec.  
61.127(b)(5). To the extent these pilots would not be held to the same 
logging provisions required for pilots operating other categories of 
aircraft, the FAA finds that risk would be mitigated for the same 
reasons previously discussed. The scope of this relief would be both 
narrowly applicable and temporary, and the persons who may exercise 
this alternate logging requirement would be the most qualified and 
experienced instructors at a part 135 operator, part 141 pilot school, 
and part 142 training center. The FAA finds that the flight time 
permitted under the proposed alternate requirement would be valuable 
for the purposes of logging PIC flight time for a powered-lift category 
rating because the pilot would be solely manipulating the controls of 
the powered-lift, thereby obtaining experience with its flight and 
handling characteristics, while simultaneously exercising the duties of 
PIC. By exercising the duties of PIC, the pilot would experience 
increased responsibilities during the flight (compared to a typical 
training flight in an aircraft in which they are not yet rated), 
including heightened decision-making.
    The FAA notes that, as proposed, these pilots would still be 
required to obtain the last 10 hours of PIC flight time as solo flight 
time under Sec.  61.51(e).\140\
---------------------------------------------------------------------------

    \140\ The solo flight endorsement required under Sec.  
61.31(d)(2) may be provided by an instructor pilot in lieu of an 
authorized instructor in accordance with proposed Sec.  194.213(a).
---------------------------------------------------------------------------

iii. Pilots Receiving Training Under an Approved Training Program
a. Alternate Requirements for a Commercial Pilot Certificate With a 
Powered-Lift Category Rating
    The PIC logging requirements in Sec.  61.51(e)(1) would also create 
obstacles for persons seeking to obtain a powered-lift category rating 
on their commercial pilot certificate outside a manufacturer's training 
curriculum. Because this is a new category of aircraft that is entering 
the civilian market, pilots would be unable to log PIC flight time in 
the powered-lift in accordance with Sec.  61.51(e)(1)(i) because they 
would not yet be rated in the aircraft. Thus, at the commercial pilot 
level, a person would have to obtain the 50 hours of PIC time required 
by Sec.  61.129(e)(2)(i) as the sole

[[Page 38973]]

occupant of the powered-lift under solo endorsements from an authorized 
instructor.
    To springboard the initial cadre of powered-lift pilots, the FAA is 
proposing in Sec.  194.221(c) to permit certain applicants for a 
commercial pilot certificate with a powered-lift category rating to log 
up to 40 hours of PIC flight time towards the 50-hour requirement 
during flights when the pilot is the sole manipulator of the controls 
of the powered-lift for which the pilot is not rated, provided the 
applicant is manipulating the controls of the powered-lift, the 
applicant is performing the duties of PIC with an authorized instructor 
onboard, and the flight is conducted in accordance with an approved 
training program under part 135, 141, or 142.\141\
---------------------------------------------------------------------------

    \141\ Training under part 135, 141, or 142 is discussed in more 
detail in section V.F of this preamble.
---------------------------------------------------------------------------

    This proposed 40 hours of PIC flight time would be logged when the 
applicant is obtaining flight training on the areas of operation 
specified in Sec.  61.127(b)(5) under an approved part 135, 141, or 142 
training program. The FAA acknowledges that this proposal relaxes the 
standards for logging PIC flight time from the standard applied to 
other categories of aircraft. Given the unique challenges presented by 
the introduction of powered-lift for commercial operations, the FAA has 
weighed the safety concerns of a relaxed standard against the need to 
enable pilot certification and concluded that this proposal 
appropriately mitigates any risk that may be introduced during the 
transitional period in which it would be permitted.
    Even though the pilots are not rated in a powered-lift, the FAA 
finds that this flight time would be valuable for purposes of logging 
PIC flight time for a powered-lift category rating for the same reasons 
discussed in the previous section. By requiring the flight to be 
conducted in accordance with an approved training program under part 
135, 141, or 142, the FAA would ensure that the pilot is logging 
alternate PIC time only for those training flights that are conducted 
in an approved training program environment. The FAA has oversight of 
training conducted through program approval under parts 135, 141, and 
142, and the approved training programs would be monitored and 
validated to ensure the instructional quality is consistent and the 
training is effective. The proposed requirement for the flight to be 
conducted in accordance with an approved training program under part 
135, 141, or 142 would serve as a risk mitigation to ensure that the 
proposed alternate PIC logging requirement would not result in an 
adverse impact to safety.
    As with the initial cadre of instructors, an applicant would be 
required to obtain the remaining 10 hours of PIC time as the sole 
occupant of the powered-lift under an instructor endorsement.
b. Use of a Full Flight Simulator for PIC Time for a Commercial Pilot 
Certificate With a Powered-Lift Category Rating
    Currently, Sec.  61.129(i) contains the permitted credit for use of 
an FFS or FTD in lieu of an aircraft for a commercial pilot 
certificate. Section 61.129(i)(1) permits an applicant who has not 
accomplished the training required by Sec.  61.129 in a course 
conducted by a training center certificated under part 142 to credit a 
maximum of 50 hours toward the total aeronautical experience 
requirements of Sec.  61.129 for an airplane or powered-lift rating, or 
a total of 25 hours toward the total aeronautical experience 
requirements of Sec.  61.129 for a helicopter rating, provided the 
aeronautical experience was obtained from an authorized instructor in 
an FFS or FTD that represents the aircraft.\142\ For applicants who 
have accomplished the training required by Sec.  61.129 in a course 
conducted by a training center certificated under part 142, Sec.  
61.129(i)(2) permits the applicant to credit a maximum of 100 hours 
toward the total aeronautical experience requirements of Sec.  61.129 
for an airplane or powered-lift rating or a total of 50 hours toward 
the total aeronautical experience requirements of Sec.  61.129 for a 
helicopter rating, provided the aeronautical experience was obtained 
from an authorized instructor in an FFS or FTD that represents the 
aircraft.
---------------------------------------------------------------------------

    \142\ The FFS and FTD must represent the class of airplane or 
powered-lift category and type (see Sec.  61.129(i)(1)(i) and 
(i)(2)(i)), or helicopter and type (see Sec.  61.129(i)(1)(ii) and 
(i)(2)(ii)), if applicable, appropriate to the rating sought.
---------------------------------------------------------------------------

    While the regulation currently permits applicants for a commercial 
pilot certificate with a powered-lift category rating to credit time 
obtained in an FFS or FTD towards the aeronautical experience 
requirements of Sec.  61.129(e), the time obtained in an FFS or FTD may 
be credited only towards the total flight time. To allow for more 
flexibility and to foster the development of an initial cadre of 
powered-lift pilots, the FAA has decided to temporarily permit time 
obtained in a Level C or higher FFS to be credited toward a certain 
subset of aeronautical experience.
    Specifically, the FAA is proposing in Sec.  194.223(d) to permit an 
applicant for a commercial pilot certificate with a powered-lift 
category who is accomplishing training under an approved program under 
part 135, 141, or 142 to credit a maximum of 15 hours obtained in an 
FFS toward the 50-hour PIC flight time requirement in Sec.  
61.129(e)(2)(i), provided the aeronautical experience was obtained 
performing the duties of PIC in a Level C or higher FFS that represents 
the powered-lift category. The FAA finds that this provision would not 
adversely affect safety because the applicant would still be required 
to obtain 35 hours of PIC flight time in the powered-lift, which aligns 
with the aeronautical experience requirement in Sec.  61.129(c)(2)(i) 
for a helicopter rating. While the amount of PIC flight time that would 
be required in the actual powered-lift would be reduced to 35 hours, 
most operations in the powered-lift currently seeking type 
certification are sufficiently similar to helicopter operations in that 
the flight is of shorter range,\143\ which condenses the critical 
phases of flight \144\ and results in an operation during which the 
pilot is actively engaged in performing the most critical PIC duties to 
ensure the safety of the flight. Operations in an airplane are 
generally of longer duration, which results in the pilot experiencing 
less time performing the duties of PIC in the critical phases of 
flight.
---------------------------------------------------------------------------

    \143\ The FAA notes that this comparison is based on the current 
type certification projects for powered-lift.
    \144\ The FAA considers the critical phases of flight to include 
all ground operations involving taxi, takeoff and landing, and all 
other flight operations conducted below 10,000 feet, except cruise 
flight. The FAA emphasizes the importance of operations involving 
the critical phases of flight. See 14 CFR 121.542(c), 135.100(c) 
(commonly referred to as the ``sterile cockpit rule'').
---------------------------------------------------------------------------

    Additionally, in proposed Sec.  194.223(d)(2), the FAA is proposing 
to permit 15 hours of PIC time in a Level C or higher FFS only for 
those applicants who are undergoing an approved training program under 
part 135, 141, or 142. By limiting this credit to applicants who are 
conducting flights in accordance with an approved training program, the 
FAA would ensure that the only FFS time that may be credited towards 
the 50-hour PIC flight time requirement is time acquired in a 
controlled environment in accordance with a structured curriculum for 
which the FAA has provided approval and retains continuing oversight.
    The FAA finds that permitting the pilot to obtain 15 hours of PIC 
time in a Level C or higher FFS, provided the flight is conducted in 
accordance with

[[Page 38974]]

an approved training program, would enable the pilot to gain experience 
performing the duties and functions of a PIC in situations that the 
pilot would not typically encounter while attaining PIC time operating 
a small aircraft in the NAS. For example, this proposal would enable 
the pilot to acquire experience performing the duties of PIC, which 
includes exercising decision-making abilities, during critical 
emergency procedures that could not otherwise be performed in the 
aircraft. Furthermore, for the purpose of establishing an initial cadre 
of powered-lift pilots, these alternate requirements would not 
adversely affect safety because they would be narrowly focused on a 
select population of seasoned pilots who already hold commercial pilot 
certificates and instrument ratings, they would be in effect for a 
temporary duration, and the requirement for the applicant to pass the 
commercial pilot practical test in a powered-lift with an FAA inspector 
or examiner would serve as a safeguard.
    The FAA determined that a minimum of Level C FFS is required 
because these devices provide the highest level of aerodynamic 
modeling, visual fidelity, and motion cueing to replicate the powered-
lift for motion-based pilot training. The 3-degree-of-freedom motion 
cues provided by Level A and B devices do not provide the level of 
fidelity required to meet the flight training objectives as compared to 
the 6-degree-of-freedom requirements for Level C and higher devices. 
The use of a Level C or higher FFS is also consistent with Sec.  61.64, 
which allows a practical test to be completed only in a Level C or 
higher FFS.
3. Obtaining an Instrument-Powered-Lift Rating Sec.  61.65(f)
    To obtain an instrument-powered-lift rating, a person must satisfy 
the aeronautical experience requirements for an instrument-powered-lift 
rating in Sec.  61.65(f). Section 61.65(f)(1) requires a person who 
applies for an instrument-powered-lift rating to log at least 50 hours 
of cross-country time as PIC, 10 of which must be in a powered-lift. 
Section 61.65(f)(2) requires 40 hours of actual or simulated instrument 
time in the areas of operation listed under Sec.  61.65(c), of which 15 
hours must be received from an authorized instructor who holds an 
instrument-powered-lift rating. The instrument time must include 3 
hours of instrument flight training from an authorized instructor in a 
powered-lift within 2 calendar months before the date of the instrument 
rating practical test. Additionally, the instrument time referenced in 
Sec.  61.65(f)(2) must include instrument flight training on cross-
country flight procedures, including one cross-country flight in a 
powered-lift with an authorized instructor that is performed under IFR, 
when a flight plan has been filed with an ATC facility. The cross-
country flight must include 250 nautical miles along airways or by 
directed routing from an ATC facility, an instrument approach at each 
airport, and three different kinds of approaches with the use of 
navigation systems.
    Civilian pilots are unable to satisfy several of the aeronautical 
experience requirements for an instrument-powered-lift rating for the 
same reasons as civilian pilots are unable to satisfy certain 
requirements for a commercial pilot certificate with a powered-lift 
rating, as previously discussed. The FAA therefore finds it necessary 
to enable an alternate pathway for persons to obtain an instrument-
powered-lift rating similar to the alternate pathway proposed for 
powered-lift category ratings at the commercial pilot certificate 
level. The FAA proposes in Sec.  194.215 to limit the alternate 
aeronautical experience and logging requirements for obtaining an 
instrument-powered-lift rating to those persons who already hold at 
least a commercial pilot certificate with at least an airplane category 
and single- or multiengine class rating or a rotorcraft category and 
helicopter class rating. The person would also be required to hold an 
instrument-airplane or instrument-helicopter that corresponds to the 
category (airplane) or class rating (helicopter) held at the commercial 
level.
    In addition, consistent with the alternate pathway proposed for the 
commercial pilot aeronautical experience requirements, the FAA is 
proposing alternate experience and logging requirements to obtain an 
instrument-powered-lift rating for (1) test pilots and instructor 
pilots, (2) the initial cadre of instructors, and (3) pilots receiving 
training under an approved training program.\145\ Alternate 
requirements for cross-country flights, which are generally applicable, 
are discussed later in this section. Section E.5.ii of this preamble 
contains tables summarizing the proposed alternate requirements for an 
instrument-powered-lift rating.
---------------------------------------------------------------------------

    \145\ The FAA recognizes that, pursuant to Sec.  
91.109(c)(1)(i), to operate a civil aircraft in simulated instrument 
flight, a safety pilot must occupy the other control seat and 
possess at least a private pilot certificate with category and class 
ratings appropriate to the aircraft being flown to operate a civil 
aircraft. However, because test pilots and instructor pilots may not 
yet possess the powered-lift category rating to meet this 
requirement while conducting operations to meet the proposed 
alternate experience requirements set forth in the SFAR, proposed 
Sec.  194.311 would except operations conducted to meet the 
alternate aeronautical experience requirements set forth in proposed 
Sec. Sec.  194.225, 194.227, and 194.229 from meeting Sec.  
91.109(c)(1)(i). For the reasons explained previously about the 
depth of knowledge and operating experience of test pilots and 
instructor pilots, the FAA has determined there would be no adverse 
impact to safety.
---------------------------------------------------------------------------

i. Test Pilots and Instructor Pilots: Alternate Aeronautical Experience 
and Logging Requirements for Instrument-Powered-Lift Rating
    Sections 194.225 and 194.227 would contain the alternate 
aeronautical experience and logging requirements for test pilots and 
instructor pilots seeking an instrument-powered-lift rating. The FAA is 
proposing in Sec. Sec.  194.225(a) and 194.227(a) that these alternate 
requirements would apply if the flights are conducted in an 
experimental aircraft at the manufacturer and the test pilots or 
instructor pilots seeking to take advantage of the alternate 
requirements are authorized by the Administrator to act as PIC of the 
experimental powered-lift. The alternate training requirements would be 
set forth in Sec.  194.225(b)(1) through (4) for test pilots and Sec.  
194.227(b)(1) through (4) for instructor pilots. The alternate logging 
requirements would be set forth in Sec. Sec.  194.225(c) and 
194.227(c). Each of the proposed alternate requirements are discussed 
below.
a. Aeronautical Experience Requirements Involving Instrument Training 
(Sec.  61.65(f)(2))
    First, the FAA is proposing alternate requirements for test pilots 
or instructor pilots to accomplish the 15 hours of instrument training 
on the areas of operation listed in Sec.  61.65(c), as required by 
Sec.  61.65(f)(2). Under proposed Sec.  194.225(b)(1), a test pilot 
would be permitted to satisfactorily complete the manufacturer's 
training curriculum in the experimental powered-lift with an instructor 
pilot. Similarly, under Sec.  194.227(b)(1), the instructor pilot would 
be able to credit the time spent providing the manufacturer's training 
curriculum towards the training required by Sec.  61.65(f)(2). The 
manufacturer's training curriculum would be required to include 15 
hours of instrument training on the areas of operation listed in Sec.  
61.65(c).
    For the purpose of verifying satisfactory completion of the 
alternate experience requirement to an examiner, the FAA is proposing 
to require the test pilot or instructor pilot to receive an

[[Page 38975]]

endorsement in their logbook or training record. Under proposed Sec.  
194.225(b)(1)(ii), a test pilot would be required to receive an 
endorsement from the instructor pilot who provided the training, 
certifying that the test pilot satisfactorily completed the 
manufacturer's training curriculum in the experimental powered-lift. 
Under proposed Sec.  194.227(b)(1)(ii), an instructor pilot would be 
required to receive an endorsement from a management official within 
the manufacturer's organization certifying that the instructor pilot 
has provided the manufacturer's training curriculum to a test pilot.
    Second, the FAA is proposing an alternate requirement to Sec.  
61.65(f)(2)(i) that would permit the preparation for the instrument 
rating practical test to be completed with an instructor pilot rather 
than an authorized instructor. These requirements set forth in proposed 
Sec. Sec.  194.225(b)(2) and 194.227(b)(2) would enable the test pilot 
or instructor pilot to take the instrument rating practical test after 
satisfactorily completing three hours of instrument flight training 
with an instructor pilot in a powered-lift within two calendar months 
before the date of the practical test. To enable the examiner to verify 
that the preparation was completed, the applicant would be required to 
receive a logbook or training record endorsement under Sec.  
61.65(a)(6); however, under proposed Sec.  194.213, the applicant may 
obtain the endorsement from the instructor pilot, who certifies that 
the applicant is prepared for the practical test.
    Third, the FAA is proposing alternate requirements in Sec. Sec.  
194.225(b)(3) and 194.227(b)(3) that would allow test pilots or 
instructor pilots to perform instrument training on cross-country 
flight procedures referenced in Sec.  61.65(f)(2)(ii) in an 
experimental powered-lift with an instructor pilot rather than an 
authorized instructor. The applicant would also be required to receive 
a logbook or training record endorsement from the instructor pilot to 
certify that the applicant completed the cross-country flight with the 
instructor pilot. For the same reasons discussed earlier in this 
section with regard to training for a powered-lift category rating, the 
FAA finds that permitting the instrument training, the preparation for 
the practical test, and the cross-country instrument flight to take 
place with an instructor pilot rather than an authorized instructor 
would not adversely affect safety.
b. Aeronautical Experience Requirements Involving Logging PIC Flight 
Time (Sec.  61.65(f)(1))
    The FAA recognizes the obstacle with logging PIC time in accordance 
with Sec.  61.51(e)(1) for the reasons stated previously. These 
obstacles are relevant to persons seeking an instrument-powered-lift 
rating because Sec.  61.65(f)(1) requires 10 hours of cross-country 
time as PIC in a powered-lift. Accordingly, consistent with the 
alternate logging requirements proposed for persons seeking to add a 
powered-lift category rating on a commercial pilot certificate, the FAA 
proposes in Sec. Sec.  194.225(c) to permit test pilots at the 
manufacturer to log PIC flight time for the purpose of satisfying the 
10-hour cross-country requirement in Sec.  61.65(f)(1) when the test 
pilot is the sole manipulator of the controls of an experimental 
powered-lift even if the test pilot is not rated for the aircraft. To 
log this time, the test pilot would be required to be acting as PIC of 
the experimental powered-lift in accordance with a letter of 
authorization issued by the Administrator. In addition, the flight 
would have to be conducted for the purpose of research and development 
or showing compliance with the regulations in accordance with the 
experimental certificate issued to the powered-lift pursuant to Sec.  
21.191.
    Similarly, the FAA is proposing in Sec.  194.227(c) to allow 
instructor pilots to log PIC flight time for the purpose of satisfying 
the 10-hour cross-country requirement in Sec.  61.65(f)(1) when the 
pilot is serving as an instructor pilot for the manufacturer of an 
experimental powered-lift for which the instructor pilot is not rated, 
provided the pilot is acting as pilot-in-command of the experimental 
powered-lift in accordance with a letter of authorization issued by the 
Administrator and the flight is conducted for the purpose of crew 
training in accordance with the experimental certificate issued to the 
powered-lift pursuant to Sec.  21.191.
    For the reasons provided in the discussion of PIC flight time for 
powered-lift ratings at the commercial pilot certificate level, the FAA 
finds that there would be no adverse impact to safety by allowing this 
time to be logged for instrument-powered-lift ratings.
ii. Initial Cadre Instructors: Alternate Aeronautical Experience and 
Logging Requirements for Instrument-Powered-Lift Ratings
    The FAA is proposing alternate experience and logging requirements 
for certain requirements in Sec.  61.65(f) that would facilitate 
initial training and certification of persons who have been authorized 
to serve as the initial cadre of check pilots, chief instructors, 
assistant chief instructors and TCEs for the purpose of developing 
sufficient personnel to provide initial training in powered-lift in 
accordance with approved training programs under parts 135, 141, and 
142. These alternate requirements would apply if the flights are 
conducted in type-certificated powered-lift at the manufacturer.
a. Aeronautical Experience Requirements Involving Training (Sec.  
61.65(f))
    As with test pilots, the FAA is proposing in Sec.  194.229(b)(1) to 
permit these persons to receive the 15 hours of instrument training on 
the areas of operation listed in Sec.  61.65(c) from an instructor 
pilot in lieu of an authorized instructor. The instructor pilot would 
be required to conduct the training in accordance with the 
manufacturer's training curriculum. These persons would be required to 
obtain a logbook or training record endorsement from the instructor 
pilot certifying satisfactory completion of the manufacturer's training 
curriculum for the same reasons the test pilot is required to receive 
such an endorsement.
    The FAA is also proposing to permit the instructor pilot to replace 
the authorized instructor for (1) the 3 hours of instrument flight 
training in a powered-lift in preparation for the practical test for an 
instrument-powered-lift rating within 2 calendar months before the date 
of the practical test in Sec.  61.65(f)(2)(i), set forth by proposed 
Sec.  194.229(b)(2), and (2) the cross-country flight prescribed by 
Sec.  61.65(f)(2)(ii), set forth by proposed Sec.  194.229(b)(3). The 
FAA notes that the person receiving the training at the manufacturer 
would also be required to obtain an endorsement from the instructor 
pilot certifying the completion of this cross-country flight. For 
reasons previously discussed, the FAA finds that there would be no 
adverse impact on safety by permitting an instructor pilot to 
temporarily replace the authorized instructor for the purpose of 
satisfying these alternate experience requirements.
b. Aeronautical Experience Requirements Involving Logging PIC Flight 
Time (Sec.  61.65(f)(1))
    The FAA recognizes the obstacle with logging PIC time in accordance 
with Sec.  61.51(e)(1) for the reasons stated previously. These 
obstacles are relevant to persons seeking an instrument-powered-lift 
rating because Sec.  61.65(f)(1) requires 10 hours of cross-country 
time

[[Page 38976]]

as PIC in a powered-lift. Accordingly, consistent with the alternate 
logging requirements proposed for persons seeking to add a powered-lift 
category rating on a commercial pilot certificate, the FAA is proposing 
in Sec.  194.229(c) to allow a person receiving training at the 
manufacturer to log PIC flight time, despite not being rated in the 
powered-lift, for flights when the person is solely manipulating the 
controls of the powered-lift with an instructor pilot onboard, is 
performing the duties of PIC, and the flight is conducted in accordance 
with the manufacturer's training curriculum for the powered-lift. The 
FAA finds that, for this select group of pilots, the risk mitigations 
discussed earlier in this section with regard to test pilots and 
instructor pilots would also apply to the proposed alternate logging 
requirements discussed in this paragraph, thereby resulting in no 
adverse impact to safety.
iii. Pilots Receiving Training Under an Approved Training Program: Use 
of a Full Flight Simulator for Instrument Training for an Instrument-
Powered-Lift Rating
    Because the FAA has proposed alternate pathways for pilots to 
obtain the experience necessary to be eligible for the initial cadre of 
instructors, parts 135, 141, and 142 approved training programs will 
have access to a pool of authorized instructors. Therefore, the FAA 
does not find it necessary to enable alternate experience requirements 
for pilots receiving training under an approved training program that 
substitute instructor or test pilots for authorized instructors. 
Rather, the only necessary relief for pilots receiving training under 
an approved training program is that of FSTD credit, as subsequently 
explained.
    With regard to the completion of instrument training in an FSTD, 
Sec.  61.65(h) currently permits applicants for an instrument rating to 
credit a certain amount of time in an FFS or FTD towards the instrument 
time in Sec.  61.65, if the time was accomplished with an authorized 
instructor. Specifically, an applicant may credit a maximum of 30 hours 
performed in an FFS or FTD if the instrument time was completed in 
accordance with part 142. If the instrument time is not completed in 
accordance with part 142, the applicant may credit a maximum of 20 
hours performed in an FFS or FTD. While the regulation currently 
permits applicants for an instrument-powered-lift rating to credit time 
obtained in an FFS or FTD, the time may be credited only towards the 
instrument time specified in Sec.  61.65(f)(2).
    The FAA is proposing in Sec.  194.231(c) to temporarily permit a 
maximum of 4 hours obtained in a Level C or higher FFS to be credited 
towards the flight time requirement in Sec.  61.65(f)(1), which 
requires an applicant to obtain 10 hours of cross-country time as PIC 
in a powered-lift.\146\ The 4 hours must include experience performing 
the duties of PIC during a simulated cross-country flight in a Level C 
or higher FFS that represents the powered-lift category and that 
includes the performance of instrument procedures under simulated 
instrument conditions. The FAA likewise is proposing in Sec.  
194.231(c)(3) to permit 4 hours of PIC cross-country time in a Level C 
or higher FFS only for those applicants who are undergoing an approved 
training program under part 135, 141, or 142.
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    \146\ Generally, the FAA does not allow for cross-country time 
to be credited in a FFS because it does not depict a realistic 
enroute environment under VMC. Verifying waypoints utilizing 
pilotage and dead reckoning is not achievable with the visual 
displays in a FFS because entire portions of the routes are usually 
not depicted within databases that replicate the enroute 
environment. However, under IMC conditions the pilot is not being 
trained and tested on verifying visual reference with the use of 
visual waypoints, but rather the pilot's ability to utilize 
instrument navigation to fly along routes depicted on enroute and 
terminal charts. These charts depict pertinent navigation 
information that is not related to visually referencing waypoints 
but utilizing information in the cockpit to verify an aircraft's 
position. For these reasons, the FAA finds that allowing for this 
time to be credited in a FFS is appropriate because the display and 
cockpit information would be identical to that which a pilot would 
operate in flight.
---------------------------------------------------------------------------

    Because this cross-country time must be time as PIC under Sec.  
61.65(f)(1), the FAA finds that the reasons discussed for permitting 
FFS credit towards the PIC flight time requirement in Sec.  
61.129(e)(2)(i) (e.g., reasons pertaining to the approved training 
program, the structured curriculum, and the value of gaining experience 
performing the duties and functions of PIC in a simulated environment) 
are equally applicable to the permitted FFS credit towards Sec.  
61.65(f)(1). Additionally, with respect to obtaining cross-country time 
as PIC, the FAA finds that temporarily permitting a maximum of 4 hours 
in a Level C or higher FFS would not adversely affect safety in light 
of the skills the pilot would develop in the FFS and the narrow 
applicability of the alternate requirement to seasoned pilots who 
already hold a commercial pilot certificate with an instrument rating. 
Concerning the skills attained in the FFS, the FAA finds that, for the 
purpose of establishing an initial cadre of powered-lift pilots, the 
FFS enables the applicant to attain valuable experience for the purpose 
of acquiring cross-country time for an instrument rating.
    Pursuant to Sec.  61.1, cross-country time must involve the use of 
dead reckoning, pilotage, electronic navigation aids, radio aids, or 
other navigation systems to navigate to the landing point. In a Level C 
or higher FFS that represents a powered-lift, the applicant would 
acquire experience navigating to different airports by reference to the 
instruments with the use of navigation aids and other navigation 
systems. The applicant would also obtain experience interpreting 
different approach charts and conducting a variety of instrument 
approaches and departures. To the extent this experience would not 
include communications with ATC, flight planning, or filing a flight 
plan under IFR, the FAA finds that the skills a pilot would acquire 
during these 4 hours combined with the skills a pilot would acquire 
from conducting 6 hours of cross-country time in the NAS, which would 
include those tasks, would ensure the pilot has sufficient experience 
to apply for an instrument-powered-lift rating. Additionally, the 
instrument rating practical test in a powered-lift, which includes a 
task on cross-country flight planning, would serve as an adequate 
safeguard to ensure the applicant is proficient with planning IFR 
cross-country flights and filing IFR flight plans. Furthermore, the FAA 
has determined that a minimum of Level C FFS would be required to 
ensure the appropriate level of aerodynamic modeling, visual fidelity, 
and motion cueing to replicate the powered-lift.
4. Alternate Requirements for Cross-Country Flights for Commercial 
Pilot Certificate, Instrument Rating, and Private Pilot Certificate
    Cross-country training and experience has been included in the 
aeronautical experience required for pilot certification since the 
issuance of the first Civil Aviation Regulations in 1938.\147\ Cross-
country experience develops the necessary air navigation skills to 
operate an aircraft outside of a local flying environment that the 
pilot is familiar with.\148\ Cross-country time ensures that the pilot 
has experience applying knowledge during preflight planning that is 
essential to the safety of flight including plotting a course on an 
aeronautical chart, selecting checkpoints, measuring distances, 
obtaining pertinent weather information, and computing flight time,

[[Page 38977]]

headings, and fuel requirements.\149\ The FAA also ensures the pilot 
has experience executing cross-country flights during which the pilot 
employs various skills and tools, including the use of dead 
reckoning,\150\ pilotage,\151\ electronic navigation aids, radio aids, 
and other navigation systems to navigate to the landing point. By 
requiring a minimum amount of cross-country time in the category of 
aircraft for which the rating is sought, the FAA ensures the pilot has 
developed knowledge and skills that are specific to operating that 
category of aircraft on a flight outside of the pilot's local flying 
environment.
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    \147\ Pilot Rating, 14 CFR 20.126, 20.146 (1938).
    \148\ Air navigation is the process of piloting an aircraft from 
one geographic position to another while monitoring one's position 
as the flight progresses.
    \149\ Pilot's Handbook of Aeronautical Knowledge, Chapter 16, 
Introduction. https://www.faa.gov/regulations_policies/handbooks_manuals/aviation/phak.
    \150\ Dead reckoning is navigation solely by means of 
computations based on time, airspeed, distance, and direction.
    \151\ Pilotage is navigation by reference to landmarks or 
checkpoints.
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    For example, manipulating the flight controls of an airplane 
differs from manipulating the flight controls of a helicopter. A pilot 
conducting a cross-country flight in an airplane may take their hands 
off the controls while performing the tasks required during the cross-
country. By contrast, a pilot conducting operations in a helicopter 
generally has their feet and hands on the controls at all times. These 
differences affect the performance of certain tasks, flight deck 
management, and risk management during a cross-country flight and 
ultimately require a skill set that is unique to the category of 
aircraft. Furthermore, by requiring specific cross-country flights that 
land at a point that is a specified distance from the original 
departure point, the FAA ensures that trainees are exposed to realistic 
cross-country flying conditions over terrain with which they are not 
intimately familiar.\152\
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    \152\ Cross-Country Experience Requirements for Pilot 
Certification, Final Rule, 47 FR 46064, 46065 (Oct. 14, 1982).
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    The FAA continues to support this type of experience as an 
essential element of all pilot training, including training required to 
pilot a powered-lift. Since aircraft are generally used for 
transporting persons and property from one location to another, it is 
imperative that a pilot be trained on and possess the aeronautical 
experience involved in navigating a powered-lift safely from takeoff to 
a destination other than the original point of departure.\153\
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    \153\ Legal Interpretation to James Hilliard (2009) (stating 
that the rationale behind the cross-country requirement is to 
provide a pilot with aeronautical experience flying a significant 
distance to and landing at an airport that is not the pilot's home 
airport).
---------------------------------------------------------------------------

    Upon evaluating the expected range capabilities of powered-lift, 
however, the FAA has determined that the distances specified in the 
definition of ``cross-country time'' in Sec.  61.1 and the specific 
cross-country flights prescribed in part 61 may not be feasible for the 
powered-lift coming to market. In the following sections, the FAA 
explains its proposal to adopt alternate provisions in proposed part 
194 that would facilitate a pilot's ability to log cross-country time 
in a powered-lift and complete cross-country flights over extended 
terrain while still realizing the objectives of cross-country flight. 
The FAA also explains its proposal to correct a cross-reference in the 
definition of cross-country time and to ensure consistent usage of the 
defined term throughout part 61.
i. Alternate Means To Log Cross-Country Time in Powered-Lift
    Cross-country time is currently defined in Sec.  61.1(b).\154\ 
Within Sec.  61.1(b), there are multiple definitions of cross-country 
time that are applicable based on how the cross-country time is used to 
meet aeronautical experience \155\ requirements. Paragraph (i) of the 
definition of cross-country time in Sec.  61.1(b), provides a 
generalized definition of cross-country time that is applicable except 
as provided in paragraphs (ii) through (vi).\156\ The current 
definitions of cross-country time in paragraphs (ii), (vi), and (vii) 
apply to the aeronautical experience requirements for powered-lift 
ratings (including an instrument-powered-lift rating) for a private 
pilot certificate, commercial pilot certificate, ATP certificate, or a 
military pilot who qualifies for a commercial pilot certificate under 
Sec.  61.73. To meet the definition of cross-country time for 
aeronautical experience for powered-lift ratings, the flight time \157\ 
must include a landing point that is at least a straight-line distance 
of more than 50 nautical miles from the original point of departure, 
except for an ATP certificate and military pilots who qualify for a 
commercial pilot certificate under Sec.  61.73, whereby cross-country 
time for aeronautical experience does not require a landing point.
---------------------------------------------------------------------------

    \154\ Prior to 1997, part 61 did not contain a formal or 
universal definition of cross-country time. Rather, where a 
regulation did not specify parameters of flight that qualified as 
cross-country, whether specific flight experience was considered 
cross-country in character was a technical determination made by the 
FAA. Legal Interpretation to Troy Wambolt (1993). In 1997, the FAA 
added a new section, Sec.  61.1(b), Applicability and definitions, 
to ensure consistent use of terms throughout part 61 (62 FR 16220 
(April 4, 1997)); Pilot, Flight Instructor, Ground Instructor, and 
Pilot School Certification Rules; Correction, Final Rule, 62 FR 
40888 (Jul. 30, 1997). The FAA adopted specific definitions of 
cross-country time to be applicable to separate circumstances of 
aeronautical experience, which have been updated through subsequent 
rulemaking. See Certification of Aircraft and Airmen for the 
Operation of Light-Sport Aircraft, Final Rule, 69 FR 44772 (Jul. 27, 
2004); Pilot Certification and Qualification Requirements for Air 
Carrier Operations, Final Rule, 78 FR 42324 (Jul. 15, 2013).
    \155\ The FAA also defines aeronautical experience in Sec.  
61.1(b) as pilot time obtained in an aircraft, flight simulator, or 
FTD for meeting the appropriate training and flight time 
requirements for an airman certificate, rating, flight review, or 
recency of flight experience requirements of part 61.
    \156\ Paragraph (i) in the current definition of cross-country 
time defines cross-country except as provided in paragraphs (ii) 
through (vi) of the definition. As explained in section V.F of this 
preamble, the FAA proposes to update the cross-reference to include 
paragraph (vii) of the definition.
    \157\ See 14 CFR 1.1 for the definition of flight time.
---------------------------------------------------------------------------

    Initially, when the FAA adopted the cross-country definition for 
meeting the aeronautical experience requirements for powered-lift 
ratings, the FAA adopted the same distance of 50 nautical miles that 
applies to airplane ratings. After comparing the range capabilities for 
popular single-engine airplanes with those for powered-lift, the FAA 
has reconsidered the appropriate distance for logging cross-country 
time in a powered-lift. Many of the popular single-engine airplanes 
have ranges of 600-800 nautical miles. Thus, a 50 nautical mile 
distance in these airplanes would equate to 6.25 to 8.3% of their 
capable range. Based on a sampling of the powered-lift projects 
currently undergoing the type certification process, the range 
capabilities for the powered-lift coming to market span from 105-162 
nautical miles.\158\ As such, a 50 nautical mile distance in these 
powered-lift would equate to 31 to 48% of their capable range.
---------------------------------------------------------------------------

    \158\ The FAA notes that, currently, only one certification 
project involves a powered-lift with a greater range.
---------------------------------------------------------------------------

    Given the significant disparity between the range capabilities, the 
FAA finds it unnecessary to require cross-country time in a powered-
lift to include the same distance as that required for airplanes. The 
FAA is therefore proposing to add Sec.  194.201 as a temporary 
provision that would reduce the general distance for logging cross-
country time in a powered-lift from 50 nautical miles to 25 nautical 
miles. Specifically, the proposed rule would permit a person to log 
flight time in a powered-lift as cross-country time when that time (1) 
includes a point of landing that is at least a straight-line distance 
of more than 25 nautical miles

[[Page 38978]]

from the original point of departure,\159\ and (2) involves the use of 
dead reckoning, pilotage, electronic navigation aids, radio aids, or 
other navigation systems to navigate to the landing point.
---------------------------------------------------------------------------

    \159\ Powered-lift would not be the only aircraft for which 
cross-country time must include a point of landing that is at least 
a straight-line distance of more than 25 nautical miles from the 
original point of departure. The FAA has defined cross-country time 
for meeting the aeronautical experience requirements for a 
rotorcraft rating in this manner since the definitions were first 
adopted in 1997. Like powered-lift, smaller helicopters have shorter 
range capabilities than airplanes. For example, the widely-used 
helicopters that weigh between 2500-7500 pounds have ranges of 250-
440 nautical miles.
---------------------------------------------------------------------------

    Reducing the general distance for logging cross-country time in a 
powered-lift from 50 nautical miles to 25 nautical miles would not 
adversely affect a pilot's ability to develop the necessary air 
navigation skills to operate a powered-lift outside of a local flying 
environment. The FAA is not proposing to reduce the minimum amount of 
cross-country time that must be obtained in a powered-lift. While the 
FAA would permit a pilot to log shorter cross-country flights as cross-
country time, the pilot is nevertheless required to obtain the hours of 
cross-country time in a powered-lift for the certificate or rating 
sought. The reduction in nautical miles would not diminish the value of 
the cross-country experience obtained. Because the FAA expects powered-
lift to operate flights of shorter duration (compared to airplanes) and 
to landing points other than airports, reducing the distance to 25 
nautical miles would facilitate the pilot's ability to acquire more 
realistic cross-country experience in a powered-lift. For example, 
reducing the distance to 25 nautical miles would ensure powered-lift 
pilots are executing cross-country flights of a length that are 
commensurate with those operations that will be conducted in the 
operating environment after the pilot obtains the powered-lift category 
rating.
    The reduction in distance would also provide the pilot and their 
flight instructor greater flexibility in selecting routes to landing 
locations other than airports used for airplane takeoffs and landings, 
such as heliports and helipads, which would result in valuable cross-
country experience for those pilots seeking to operate powered-lift. 
Furthermore, despite the shorter distances, the pilot would still gain 
experience with preflight planning, including plotting a course on an 
aeronautical chart, selecting checkpoints, measuring distances, 
obtaining pertinent weather information, and computing flight time, 
headings, and fuel requirements. The pilot would also still gain 
category-specific cross-country experience from handling the flight 
controls of a powered-lift while simultaneously navigating the powered-
lift on the planned route to a destination other than the point of 
departure, which includes finding en route checkpoints and using 
navigation systems and radar services.
    While an applicant for a powered-lift category rating or 
instrument-powered-lift rating would be able to log cross-country time 
in powered-lift that consists of shorter general distances (i.e., at 
least more than 25 nautical miles), these applicants would still be 
required to complete longer cross-country flights as part of the 
specific aeronautical experience required for the certificate and 
rating.\160\ As noted later in the discussion of alternate cross-
country flight requirements, applicants for a powered-lift rating would 
still be required to conduct several cross-country training flights 
that include distances of at least 50 nautical miles. Most pilots would 
obtain the total hours of category-specific cross-country flight time 
required to apply for a pilot certificate with a powered-lift category 
rating by completing the specific cross-country flights proposed in the 
SFAR.\161\ However, to the extent a pilot acquires fewer hours,\162\ 
the proposed alternate definition in Sec.  194.201 would permit that 
pilot to log shorter cross-country flights to meet the remaining hours 
of cross-country flight time required for the powered-lift category 
rating.
---------------------------------------------------------------------------

    \160\ Since the FAA adopted the cross-country time definitions 
in 1997, the specific aeronautical experience requirements for 
certificates and ratings have prescribed cross-country flights with 
minimum legs that exceed the general minimum distance specified in 
the applicable definitions of ``cross-country time.'' For example, 
cross-country time for airplanes as defined in Sec.  61.1 requires 
the flight include a distance of at least 50 nautical miles, but 
Sec.  61.129(a)(3)(iii) contains discrete cross-country training 
requirements that require completion of cross-country flights that 
include a distance of at least 100 nautical miles.
    \161\ While the FAA is proposing to adopt provisions in the SFAR 
that would require cross-country flights with shorter minimum legs 
than those currently specified in Sec.  61.129(e), the FAA notes 
that these requirements would serve as an alternative to the 
requirements set forth in Sec.  61.129(e). Thus, an applicant for a 
commercial pilot certificate with a powered-lift category rating 
still has the option to complete the cross-country flights specified 
in Sec.  61.129(e).
    \162\ Section 61.129(e)(2)(ii) requires an applicant for a 
commercial pilot certificate with a powered-lift category rating to 
acquire 10 hours of cross-country flight time as PIC in a powered-
lift. Section 61.65(f) requires an applicant for an instrument-
powered-lift rating to obtain 10 hours of cross-country flight time 
as PIC in a powered-lift.
---------------------------------------------------------------------------

    The FAA's proposed provision in Sec.  194.201 would govern the 
logging of cross-country time in powered-lift for the purpose of 
meeting the aeronautical experience requirements of part 61 that apply 
to a powered-lift rating, including the cross-country time required for 
an ATP certificate with a powered-lift category rating. Thus, upon 
obtaining powered-lift ratings, a person would be permitted to log 
cross-country time in accordance with Sec.  194.201 towards the 500 
hours of cross-country time in Sec.  61.163(a)(1).
ii. Specific Cross-Country Requirements for a Commercial Pilot 
Certificate
    In addition to the alternate requirements for test pilots, 
instructor pilots, and select pilots from parts 135, 141, and 142 
discussed earlier, the FAA is proposing alternate cross-country 
aeronautical experience requirements to those set forth in Sec.  
61.129(e) for all applicants for a powered-lift category rating at the 
commercial pilot certificate level. Section 61.129(e) requires three 
specific cross-country flights in a powered-lift. Section 
61.129(e)(3)(ii) requires one 2-hour cross country flight in a powered-
lift in daytime conditions that consists of a total straight-line 
distance of more than 100 nautical miles from the original point of 
departure. Section 61.129(e)(3)(iii) requires the same cross-country 
flight but in nighttime conditions. Lastly, Sec.  61.129(e)(4)(i) 
requires one cross-country flight of not less than 300 nautical miles 
total distance with landings at a minimum of three points, one of which 
is a straight-line distance of at least 250 nautical miles from the 
original departure point.
    The FAA mirrored the nautical mile distances required for airplanes 
when it adopted these powered-lift cross-country requirements. As 
explained in the previous section, the powered-lift coming to the 
market have limited range capabilities when compared to the widely-used 
single-engine airplanes. These ranges are well under what is currently 
required by Sec.  61.129(e)(4)(i), which prescribes a long cross-
country flight that includes straight-line distance of at least 250 
nautical miles from the original departure point. Because the long 
cross-country flight specified in Sec.  61.129(e)(4)(i) will be 
insurmountable for several powered-lift, the FAA finds it necessary to 
provide an alternate means for applicants to obtain valuable cross-
country experience over unfamiliar terrain.
    In place of the long cross-country flight in Sec.  61.129(e)(4)(i), 
proposed Sec.  194.233(b) would permit an applicant to complete a 
cross-country flight that consists of landings at a minimum of three 
points, with one segment

[[Page 38979]]

consisting of a straight-line distance of at least 50 nautical miles 
from the original point of departure. In determining the appropriate 
distance, the FAA considered the current aeronautical experience 
requirements for persons seeking a commercial pilot certificate with a 
rotorcraft category and helicopter class rating under Sec.  61.129(c) 
because, as previously explained, helicopters also tend to have shorter 
range capabilities than airplanes. The aeronautical experience 
requirements for persons seeking a commercial pilot certificate with a 
helicopter rating have traditionally required cross-country flights 
that include a distance of 50 nautical miles.\163\
---------------------------------------------------------------------------

    \163\ 14 CFR 61.129(c)(3)(ii) and (iii) and (c)(4)(i).
---------------------------------------------------------------------------

    The distance of 50 nautical miles would be more compatible with the 
range capabilities of current powered-lift coming to market and with 
the intended operational use of these powered-lift (e.g., flights of 
shorter duration compared to airplanes).\164\ However, because the 
current regulation requires an applicant for a powered-lift rating to 
navigate the powered-lift over a greater distance, the FAA finds it 
necessary to impose an additional requirement to ensure the applicant 
for a powered-lift rating obtains cross-country experience comparable 
to that which would be obtained under the current powered-lift 
regulation. As a result of reducing the straight-line distance from 250 
nautical miles to 50 nautical miles, proposed Sec.  194.233(b) would 
require an applicant seeking to comply with the alternate requirement 
to complete an additional cross-country flight of the same specified 
distance of 50 nautical miles. The proposed additional cross-country 
flight would have to be conducted to different points of landing than 
the initial cross-country flight. The FAA notes, however, that the 
original point of departure may be the same, as pilots generally begin 
cross-country flights at their home airport. These additional 
requirements are intended to serve as risk mitigations to ensure the 
alternate requirement does not have an adverse impact on safety.
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    \164\ Powered-lift may emerge with greater range capabilities 
and higher airspeeds. The proposed requirements are intended to be 
temporary measures that would remove obstacles in the current 
regulations and facilitate pilot certification for the powered-lift 
coming to market. The FAA will continue to evaluate the powered-lift 
seeking type certification and monitor the affect the proposed rule 
on cross-country training. Based on this evaluation, the FAA will 
reevaluate the appropriate distances for cross-country flight in a 
powered-lift.
---------------------------------------------------------------------------

    The proposed alternative requirement would result in less distance 
over which the pilot would navigate the powered-lift in cruise flight; 
however, the applicant would still obtain valuable cross-country 
experience because they would be required to navigate the powered-lift 
to twice as many landing locations as prescribed under the current 
regulation. The proposed requirement for the second cross-country 
flight to include landings at different points than the initial cross-
country flight would result in the applicant navigating the powered-
lift to at least four different landing locations other than the 
pilot's home airport. Because the applicant would be required to plan 
an additional cross-country flight to points that differ from those 
selected for the initial cross-country flight, the applicant would 
receive increased exposure to preflight planning. For example, the 
applicant would be required to plot a new course on an aeronautical 
chart, select new checkpoints over unfamiliar terrain, measure 
distances to the landing points selected, and obtain pertinent weather 
information on the day of the flight, all of which would differ from 
that obtained for the initial cross-country flight. The applicant would 
also be required to compute the flight time, headings, and fuel 
requirements for the second cross-country flight, as well as monitor 
the checkpoints while navigating the powered-lift to the different 
points of landing.
    Requiring the second cross-country flight to include landings at 
different points than the initial cross-country flight would also 
ensure the applicant obtains experience navigating the powered-lift to 
destinations with which they are not intimately familiar, which would 
increase the applicant's exposure to the use of navigational systems 
and radar services. Additionally, because the conditions of the second 
flight would inherently differ from the initial cross-country flight, 
the applicant would be exposed to new cross-country scenarios that 
require decision-making and risk management. Furthermore, requiring two 
cross-country flights, each of which include a minimum of three points 
with one segment consisting of a straight-line distance of at least 50 
nautical miles, would ensure the pilot is exposed to realistic cross-
country flying conditions over at least 100 total nautical miles of 
unfamiliar terrain. As a result, the applicant would still be exposed 
to realistic cross-country flying while navigating the powered-lift to 
locations outside of the pilot's local flying environment, which would 
enable the pilot to apply and expand their knowledge of cross-country 
flight and foster the development of air navigation skills. 
Accordingly, the FAA concludes that the alternate cross-country 
requirements proposed in the SFAR would not adversely affect safety 
because they would ensure that the applicant obtains cross-country 
experience that is comparable to that provided by the current 
regulation.
    The FAA is likewise proposing alternate requirements for the cross-
country flights that currently exist in Sec.  61.129(e)(3)(ii) and 
(iii) (i.e., straight-line distance of at least 100 nautical miles from 
the original departure point) for the reasons discussed earlier. Under 
proposed Sec.  194.233(a), an applicant would be required to log at 
least one 2-hour cross country flight in a powered-lift in daytime 
conditions (proposed Sec.  194.233(a)(1)) and one 2-hour cross-country 
flight in a powered-lift in nighttime conditions (proposed Sec.  
194.233(a)(2)). Each of these proposed cross-country flights must 
consist of a total straight-line distance of 50 nautical miles from the 
original point of departure (rather than 100 nautical miles, which is 
currently required by Sec.  61.129(e)(3)).
    While the proposal would reduce the required distances for the 
cross-country flights in Sec.  61.129(e)(3) from 100 nautical miles to 
50 nautical miles, it would not reduce the required flight time (e.g., 
2 hours). Therefore, the pilot would still obtain cross-country 
experience in the powered-lift for the duration of time that is 
currently required by the regulations. However, consistent with the 
previous explanation concerning the alternate requirements for Sec.  
61.129(e)(4)(i), because the current regulation requires an applicant 
for a powered-lift rating to navigate the powered-lift over a greater 
distance, the FAA finds it necessary to impose an additional 
requirement to ensure the applicant obtains the necessary air 
navigation skills under the proposed alternate requirements. As a 
result of reducing the straight-line distance from 100 nautical miles 
to 50 nautical miles, the FAA proposes in Sec.  194.233(a)(3) to 
require an additional cross-country flight of the same specified 
distance of 50 nautical miles. Except for the original point of 
departure, the additional cross-country flight must include landings at 
different points than the points selected for the day and night cross-
country flights. For the same reasons discussed above, the FAA 
concludes that the alternate requirements for the cross-country flights 
that currently exist in Sec.  61.129(e)(3)(ii) and (iii) would not 
adversely affect safety, provided the applicant completes the 
additional

[[Page 38980]]

cross-country flight in accordance with proposed Sec.  194.233(a)(3).
    In addition to the proposed safety mitigations discussed above, the 
FAA finds that there are sufficient safeguards in the regulations to 
prevent any reduction in safety. The applicant for a commercial pilot 
certificate with a powered-lift category rating would still be required 
to receive and log ground training from an authorized instructor on the 
aeronautical knowledge areas specified in Sec.  61.125(b), which 
includes several areas related to cross-country planning and air 
navigation (e.g., meteorology, weight and balance computations, use of 
performance charts, use of aeronautical charts and a magnetic compass 
for pilotage and dead reckoning, use of air navigation facilities, 
aeronautical decision making and judgment, and procedures for operating 
within the NAS). The applicant would also still be required to receive 
and log flight training from an authorized instructor on the areas of 
operation specified in Sec.  61.127(b)(5), which includes 
``navigation.'' \165\ Additionally, the applicant must meet the 
aeronautical experience requirements that apply to the powered-lift 
category rating (e.g., 10 hours of cross-country time in a powered-
lift) and pass the practical test on the areas of operation listed in 
Sec.  61.127(b), which includes tasks on cross-country planning and 
navigation.\166\
---------------------------------------------------------------------------

    \165\ 14 CFR 61.127(b)(5)(vii).
    \166\ Specifically, Cross-Country Planning is a Task under Area 
of Operation Preflight Preparation in the Commercial Pilot for 
Powered-Lift Category ACS to ensure that applicants exhibit 
satisfactory knowledge, risk management, and skills associated with 
cross-country flights and VFR flight planning (e.g., route planning, 
calculating fuel requirements, creation of navigation logs).
---------------------------------------------------------------------------

iii. Specific Cross-Country Requirements for an Instrument-Powered-Lift 
Rating (Sec.  61.65(f))
    In addition to the alternate requirements for test pilots, 
instructor pilots, and select pilots from parts 135, 141, and 142 
discussed earlier, the FAA is proposing alternate cross-country 
aeronautical experience requirements for all applicants for an 
instrument-powered-lift rating under Sec.  61.65(f). Currently, the 
instrument training on cross-country flight procedures required in 
Sec.  61.65(f)(2)(ii) must include a flight of 250 nautical miles along 
airways or by directed routing from an ATC facility. For the reasons 
stated previously, this cross-country distance is not appropriate for 
the powered-lift coming to the market. Therefore, the FAA has 
reconsidered the appropriate distances for cross-country flights for an 
instrument-powered-lift rating.
    While the 250 nautical mile requirement in Sec.  61.65(f)(2)(ii) is 
not required to be in a straight-line distance, the FAA still finds 
that it would be an obstacle for several powered-lift based on the 
range capabilities that the FAA has evaluated. Therefore, in place of 
the long cross-country flight in Sec.  61.65(f)(2)(ii)(A), proposed 
Sec.  194.235(a)(2)(i) would permit an applicant to complete a cross-
country flight that involves a distance of 100 nautical miles along 
airways or by directed routing from an ATC facility. The FAA again 
considered the aeronautical experience requirements for persons seeking 
an instrument-helicopter rating because, as previously explained, 
helicopters also tend to have shorter range capabilities than 
airplanes. As explained in this section the distance for helicopters 
would be more compatible with the range capabilities of current 
powered-lift coming to market and with the intended operational use of 
these powered-lift (e.g., flights of shorter duration compared to 
airplanes).
    Consistent with the alternate requirements proposed for the cross-
country experience for a commercial pilot certificate, the FAA finds it 
necessary to impose an additional requirement to ensure the applicant 
for an instrument-powered-lift rating obtains experience comparable to 
that which would be obtained under the current regulation. Thus, the 
FAA is proposing to require the applicant to complete an additional 
cross-country flight of the same specified distance of 100 nautical 
miles.
    Under the proposed cross-country experience requirements, the 
applicant would navigate under IFR for a shorter overall distance. By 
requiring the applicant to plan and conduct two cross-country flights 
under IFR rather than one, the FAA would ensure the applicant receives 
additional experience planning a cross-country flight under IFR and 
navigating a powered-lift to destinations with which the applicant is 
not intimately familiar while operating along airways or by receiving 
direct routing from an ATC facility. Furthermore, the applicant would 
acquire additional experience filing, activating, and closing an IFR 
flight plan; navigating under IFR; interpreting appropriate and current 
approach procedure charts; and performing instrument approaches with 
the use of navigation systems. Therefore, while the proposed 
requirements would result in less distance over which the applicant 
would navigate the powered-lift under IFR, the additional cross-country 
flight would serve as a risk mitigation to ensure the alternate 
requirement does not adversely affect safety.
    Similar to the proposed alternate cross-country experience 
requirements discussed in this section of this preamble, there are 
sufficient safeguards in the regulations to prevent any reduction in 
safety. Under proposed Sec.  194.235(a)(1), the applicant for an 
instrument-powered-lift rating would still be required to receive and 
log ground training from an authorized instructor (or from an 
instructor pilot) on the aeronautical knowledge areas set forth in 
Sec.  61.65(b), which would ensure the applicant has the foundational 
knowledge to plan and execute IFR cross-country flights. The applicant 
would also still be required to receive and log flight training from an 
authorized instructor (or from an instructor pilot) on the areas of 
operation specified in Sec.  61.65(c), which includes ATC clearances 
and procedures, flight by reference to the instruments, navigation 
systems, and instrument approach procedures.\167\ Furthermore, the 
applicant must meet the existing aeronautical experience requirements 
that apply to the instrument-powered-lift rating (e.g., 10 hours of 
cross-country flight time as PIC in a powered-lift) and pass the 
practical test on the areas of operation in Sec.  61.65(c).
---------------------------------------------------------------------------

    \167\ The introductory language in Sec.  61.65(f)(2) requires 
that the flight time under that section cover the areas of operation 
in Sec.  61.65(c); therefore, the cross-country flight required 
under Sec.  61.65(f)(2)(ii)(A) must cover those areas.
---------------------------------------------------------------------------

    The FAA is also proposing in Sec.  194.235(b) to provide relief 
from the requirement in Sec.  61.65(f)(2)(ii) to perform instrument 
training on cross-country procedures under instrument flight rules and 
a flight plan filed with an air traffic control facility when an 
aircraft is not certificated for IFR. This relief is necessary to 
prevent a person from filing a flight plan for a powered-lift that is 
certificated for VFR only operations in violation of Sec.  91.9. This 
relief is available only when the pilot already holds an instrument 
airplane rating, an instrument helicopter rating, or an ATP 
certificate. These pilots would already have experience operating under 
IFR and will have been tested on instrument procedures and regulations 
governing IFR operations.\168\
---------------------------------------------------------------------------

    \168\ Based on the narrow applicability of this relief and the 
temporary nature of the SFAR, the FAA finds that requiring the 
applicant to hold either an instrument rating in an airplane or 
helicopter or an ATP certificate would appropriately mitigate any 
risk that may be introduced.

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

[[Page 38981]]

iv. Specific Cross-Country Flights for Private Pilot Certificate (Sec.  
61.109)
    This proposed SFAR is intended to enable experienced pilots to 
become the initial cadre of commercial powered-lift pilots. Once this 
initial pathway is enabled, those individuals will be able to branch 
out into the general aviation community with the experience garnered 
through compliance with this SFAR. The FAA is proposing an alternate 
pathway for these individuals at the commercial level as discussed in 
this section of this preamble because they possess the knowledge, 
skills, and abilities to a degree higher than what is expected of 
private pilots. Moreover, the powered-lift currently working through 
the aircraft certification process are complex aircraft intended to be 
used for commercial passenger-carrying operations. The FAA does not 
deem it necessary to grant relief from existing regulations at the 
private pilot level initially due to an expected lack of trainer 
aircraft for powered-lift limiting the ability to conduct student pilot 
training in powered-lift.
    The FAA expects this SFAR and accompanying permanent regulatory 
amendments will facilitate flight training under part 61 in powered-
lift, including for those individuals seeking a powered-lift rating at 
the private pilot certificate level. The rationale for offering relief 
from the cross-country requirements for commercial pilots applies 
equally to an applicant for a private pilot certificate. Therefore, the 
FAA is proposing to reduce the nautical mile distances in the 
aeronautical experience required to be eligible for a private pilot 
certificate.
    To obtain a private pilot certificate with a powered-lift category 
rating, a person must satisfy the eligibility requirements for a 
private pilot certificate, which are contained in Sec.  61.103. Section 
61.103 contains several requirements, including the requirement for a 
person to meet certain aeronautical experience set forth by Sec.  
61.109 that apply to the aircraft category rating sought before 
applying for the practical test.\169\ The aeronautical experience 
requirements for a person seeking to obtain a private pilot certificate 
with a powered-lift category rating or seeking to add a powered-lift 
category rating to a private pilot certificate are contained in Sec.  
61.109(e).
---------------------------------------------------------------------------

    \169\ 14 CFR 61.103(g).
---------------------------------------------------------------------------

    Specifically, Sec.  61.109(e) requires a person who applies for a 
private pilot certificate with a powered-lift category rating to log at 
least 40 hours of total flight time as a pilot, which must include at 
least 20 hours of flight training from an authorized instructor and 10 
hours of solo flight training on the areas of operation listed in Sec.  
61.107(b)(5). Additionally, this flight training must include the 
subsets of training set forth in Sec.  61.109(e)(1) through (5), 
including specified cross-country flight training. First, Sec.  
61.109(e)(1) requires training to include three hours of cross-country 
training in a powered-lift. Section 61.109(e)(2)(i) requires training 
to include one cross-country flight of over 100 nautical miles total 
distance. Lastly, Sec.  61.109(e)(5) requires 10 hours of solo flight 
time consisting of at least 5 hours cross-country time with one solo 
cross-country flight of at least 150 nautical miles total distance with 
full-stop landings at three points, of which one segment consists of 
more than 50 nautical miles between the takeoff and landing locations.
    As previously discussed in this section of the preamble, when the 
FAA adopted the cross-country flight time requirements for a commercial 
pilot certificate with a powered-lift category rating, the FAA mirrored 
the nautical mile distance that was required for airplanes. The FAA 
similarly mirrored the nautical mile distance required for airplanes 
for the cross-country flight time requirements in obtaining a private 
pilot certificate with a powered-lift category rating. For reasons 
discussed in section E of this preamble, the FAA finds it unnecessary 
to require cross-country flights in powered-lift at the private pilot 
level to include the same distances as those required for airplanes. 
Therefore, the FAA is proposing alternate aeronautical experience 
requirements that would allow an applicant for a private pilot 
certificate with a powered-lift category rating to complete the cross-
country flights in Sec.  61.109 at a reduced nautical mile distance.
    First, in place of the cross-country flight in Sec.  
61.109(e)(2)(i) (i.e., night flight training that includes one cross-
country flight over 100 nautical miles), proposed Sec.  194.237(a) 
would require an applicant to receive three hours of night flight 
training that includes two cross-country flights with each flight 
consisting of a total distance that exceeds 50 nautical miles. 
Consistent with the prior explanation concerning the alternate cross-
country experience requirements for Sec.  61.129(e)(3)(ii) and (iii) 
and (e)(4)(i), the second cross-country flight would serve as a risk 
mitigation to ensure that the applicant obtains the necessary air 
navigation skills under the proposed alternate requirements. Therefore, 
for the same reasons as previously discussed, the FAA finds the 
proposed alternate cross-country experience requirements for the cross-
country flight that exists in Sec.  61.109(e)(2)(i) would not adversely 
affect safety.
    Additionally, in place of the solo cross-country flight that is 
currently listed in Sec.  61.109(e)(5)(ii) (i.e., 150 nautical miles 
total distance with one segment of the flight consisting of a straight-
line distance of more than 50 nautical miles), proposed Sec.  
194.237(b) would set forth alternate solo cross-country experience. 
Specifically, the applicant would be required to complete one solo 
cross-country flight of 100 nautical miles total distance with landings 
at three points and with one segment of the flight consisting of a 
straight-line distance of more than 25 nautical miles (proposed Sec.  
194.237(b)(1)).
    However, consistent with the discussion in this section of this 
preamble, it will be necessary to impose an additional requirement to 
ensure the applicant obtains cross-country experience comparable to 
that which would be obtained under the current regulation. Therefore, 
the FAA proposes to require an additional solo cross-country flight to 
be conducted in a powered-lift (proposed Sec.  194.237(b)(2)). This 
additional solo cross-country flight would require landings at a 
minimum of three points, with one segment consisting of a straight-line 
distance of at least 50 nautical miles from the original point of 
departure. The additional cross-country flight would be required to be 
conducted to different points of landing than the initial cross-country 
flight. The applicant would still obtain valuable cross-country 
experience because the applicant would be required to navigate the 
powered-lift to twice the number of landing locations than as currently 
prescribed under Sec.  61.109(e), providing additional exposure to 
preflight planning and experience at myriad landing points. The earlier 
discussion of cross-country alternatives for commercial pilot 
certificates further details the benefits of navigating the powered-
lift to twice as many landing locations, which is equally applicable in 
this context.
    While proposed Sec.  194.237 would reduce the required distances 
for the cross-country flights in Sec.  61.109, it does not propose to 
reduce the required flight time. A person seeking a private pilot 
certificate with a powered-lift category rating would still be required 
to obtain 3 hours of cross-country flight training in a powered-lift, 
pursuant to Sec.  61.109(e)(1), and 5 hours of cross-

[[Page 38982]]

country solo flight time in a powered-lift under proposed Sec.  
61.109(e)(5)(i).\170\ The SFAR proposal simply accounts for the 
operational capabilities of powered-lift by the reduction of required 
nautical miles, while continuing to ensure that the pilot has 
sufficient cross-country experience and has developed skills that are 
specific to operating a powered-lift on a flight outside of the pilot's 
local flying environment corresponding to the private pilot level.
---------------------------------------------------------------------------

    \170\ Currently, Sec.  61.109(e)(5) permits an applicant to 
obtain 10 hours of solo flight time in either an airplane or a 
powered-lift. For the reasons discussed in section I.H of this 
preamble, the FAA is proposing to amend Sec.  61.109(e)(5) to 
require the solo flight time to be obtained in a powered-lift.
---------------------------------------------------------------------------

    Furthermore, as previously discussed in this section, 
notwithstanding the current definitions of cross-country time in Sec.  
61.1(b), the FAA is proposing to allow flight time logged in a powered-
lift as cross-country time provided, in pertinent part, that the time 
was acquired during a flight that includes a point of landing that was 
at least a straight-line distance of more than 25 nautical miles from 
the original point of departure. The FAA notes that this proposal would 
apply to cross-country flight training time in a powered-lift required 
by Sec.  61.109(e)(1) and solo cross-country time required by Sec.  
61.109(e)(5)(i).\171\
---------------------------------------------------------------------------

    \171\ This merely reduces the distance requirements listed in 
Sec.  61.109(e)(2)(i) and (e)(5)(ii) to mirror those required in 
Sec.  61.109(c)(2)(i) and (c)(5)(ii) for helicopters. Private pilot 
applicants for a powered-lift rating must meet all other 
aeronautical experience requirements provided in Sec.  61.109(e).
---------------------------------------------------------------------------

v. Part 141 Appendices
    The FAA notes that certain existing minimum curriculum requirements 
for a part 141 pilot school seeking approval to utilize a powered-lift 
specified in the part 141 appendices mirror the cross-country 
requirements set forth in Sec. Sec.  61.65(f), 61.109(e), and 
61.129(e). For example, paragraph 4.(b)(5)(ii) and (iii) of appendix D 
requires one 2-hour cross country flight in daytime conditions in a 
powered-lift and one 2-hour cross country flight in nighttime 
conditions in a powered-lift that each consist of a total straight-line 
distance of more than 100 nautical miles from the original point of 
departure; these requirements correspond to those set forth in Sec.  
61.129(e)(3)(ii) and (iii). This is also the case with the minimum 
cross-country curriculum requirements in appendix B, paragraphs 
4.(b)(5)(ii)(A) and 5.(e)(1) for a private powered-lift certification 
course (mirroring Sec.  61.109(e)(2)(i) and (e)(5)); appendix C, 
paragraph 4.(c)(3)(ii) for an instrument-powered-lift rating course 
(mirroring Sec.  61.65(d)(2)(ii)); appendix D, paragraph 5.(e)(2) for a 
commercial powered-lift certification course (mirroring Sec.  
61.129(e)(4)(i)); and appendix M, paragraphs 4.(b)(4)(ii)(A), 
4.(b)(4)(iii)(A), and 5.(d)(1) for a combined private pilot 
certification and instrument rating course.
    For the reasons discussed in section V.E, the FAA has found that 
the alternate cross-country requirements in proposed Sec. Sec.  
194.233, 194.235, and 194.237 would not adversely impact safety, and 
that part 141 pilot schools should be able to utilize these alternate 
cross-country distances. Therefore, FAA proposes Sec.  194.239(b) to 
facilitate this substitution, on the condition that the training course 
include an additional cross-country flight consistent with the 
requirements of Sec. Sec.  194.233, 194.235, and 194.237, as 
applicable.
vi. Technical Correction and Nomenclature Change
    While considering the alternate cross-country requirements proposed 
in the SFAR, the FAA became aware of the need for a technical 
correction in the definition of cross-country time in Sec.  61.1(b). 
Currently, paragraph (i) of the definition provides the general 
definition of cross-country time ``[e]xcept as provided in paragraphs 
(ii) through (vi) of this definition.'' However, the definition of 
cross-country time includes paragraphs (ii) through (vii). Paragraph 
(vii) contains the cross-country time definition for a military pilot 
who qualifies for a commercial pilot certificate (except with a 
rotorcraft category rating) under Sec.  61.73. Thus, like paragraphs 
(ii) through (vi), paragraph (vii) contains an exception to the general 
definition of cross-country time in paragraph (i). The FAA is, 
therefore, proposing to correct the cross-reference in paragraph (i) of 
the definition to refer to paragraphs (ii) through (vii) of the 
definition.
    Further, while considering the alternate requirements for the 
cross-country aeronautical experience in Sec.  61.129(e), the FAA noted 
that the nomenclature concerning ``cross-country time'' is inconsistent 
throughout part 61. The definition contained in Sec.  61.1(b) 
references ``cross-country time'' whereas the regulations often use the 
nomenclature ``cross-country flight time.'' The FAA is proposing to 
remove ``cross-country flight time'' throughout part 61 and replace the 
term with the words ``cross-country time.'' This proposed change would 
ensure consistent usage of the defined term throughout the regulations. 
The following sections would be amended to reflect this nomenclature 
change: Sec. Sec.  61.65(d), (e), (f), (g) introductory text, (g)(1) 
and (2); 61.67(b)(3); 61.68(b)(3); 61.129(g)(2)(i); 61.159(a)(1), 
(a)(5)(i); 61.160(e), (f); 61.161(a)(1); 61.163(a)(1), (a)(3)(i); and 
61.411(a)(1)(iii) and (iv), (c)(1)(iii) and (iv), (d)(1)(iii) and (iv), 
(f)(1)(iii) and (iv), (g)(1)(iii) and (iv).
5. Alternate Experience and Logging Summaries
i. Summary Tables for Obtaining a Commercial Pilot Certificate With 
Powered-Lift Rating
    As noted, the proposed rule language to facilitate airmen 
certification for a commercial pilot certificate with a powered-lift 
rating involves several alternate experience and logging requirements. 
To facilitate readability of the alternate requirements that would 
apply to persons seeking powered-lift ratings, the FAA has 
compartmentalized the rule language into individual sections depending 
on the powered-lift ratings sought. Tables 2, 3, and 4 contain the 
proposed alternate provisions for a commercial pilot certificate with a 
powered-lift rating.

 Table 2--Alternate Provisions for a Commercial Pilot Certificate With a
     Powered-Lift Category Rating: Test Pilots and Instructor Pilots
------------------------------------------------------------------------
                                                            Alternate
     Current flight time       Alternate provisions for   provisions for
     requirements (Sec.             test pilots *           instructor
         61.129(e))                                          pilots *
------------------------------------------------------------------------
                          Powered-Aircraft Time
------------------------------------------------------------------------
100 hours in powered-         No alternative.            No alternative.
 aircraft, of which 50 hours
 must be in a powered-lift.
------------------------------------------------------------------------

[[Page 38983]]

 
                             PIC Flight Time
------------------------------------------------------------------------
100 hours of PIC flight       A test pilot who is not    An instructor
 time, which includes at       rated in the powered-      pilot who is
 least--                       lift may log PIC flight    not rated in
(1) 50 hours in a powered-     time in the experimental   the powered-
 lift, and.                    powered-lift if (1) the    lift may log
(2) 50 hours in cross-         test pilot is the sole     PIC flight
 country flight of which 10    manipulator of the         time in the
 must be in powered-lift..     controls, (2) the test     experimental
                               pilot is acting as PIC,    powered-lift
                               and (3) the flight is      if (1) acting
                               conducted for the          as PIC, and
                               purpose of R&D or          (2) the flight
                               showing compliance.        is conducted
                              See proposed Sec.           for the
                               194.217(c).                purpose of
                                                          crew training.
                                                         See proposed
                                                          Sec.
                                                          194.219(c).
------------------------------------------------------------------------
    Training on the Areas of Operation listed in Sec.   61.127(b)(5)
------------------------------------------------------------------------
20 hours of training on the   Test pilot may receive     In lieu of
 areas of operation listed     this training from an      receiving this
 in Sec.   61.127(b)(5) that   instructor pilot (rather   training, an
 includes at least--           than an authorized         instructor
                               instructor) if (1)         pilot may
                               training is conducted in   provide the
                               accordance with the        manufacturer's
                               manufacturer's training    training
                               curriculum, and (2) test   curriculum to
                               pilot receives             a test pilot,
                               endorsement from           which includes
                               instructor pilot           20 hours of
                               certifying satisfactory    training on
                               completion of the          the areas of
                               curriculum.                operation
                              See proposed Sec.           listed in Sec.
                               194.217(b)(1).
                                                          61.127(b)(5).
                                                          Instructor
                                                          pilot must
                                                          receive
                                                          endorsement
                                                          from
                                                          management
                                                          official
                                                          certifying
                                                          that
                                                          instructor
                                                          pilot provided
                                                          the training.
                                                         See proposed
                                                          Sec.
                                                          194.219(b)(1).
(1) 10 hours of instrument    Test pilot may receive     Instructor
 training using a view-        this instrument training   pilot may
 limiting device including     from instructor pilot in   satisfy this
 attitude instrument flying,   an experimental powered-   requirement by
 partial panel skills,         lift in accordance with    providing
 recovery from unusual         the manufacturer's         instrument
 flight attitudes, and         proposed training          training to
 intercepting and tracking     curriculum.                test pilot in
 navigational systems. 5      See proposed Sec.           accordance
 hours of the 10 hours         194.217(b)(1).             with the
 required on instrument                                   manufacturer's
 training must be in a                                    proposed
 powered-lift.                                            training
                                                          curriculum.
                                                         See proposed
                                                          Sec.
                                                          194.219(b)(1).
(2) The following cross-      Test pilot may complete    Instructor
 country flights--             all of the following       pilot may
 One 2-hour cross      cross-country flights--    complete all
 country flight in a powered- One 2-hour cross country    of the same
 lift in daytime conditions    flight in a powered-lift   alternate
 that consists of a total      in daytime conditions      cross-country
 straight-line distance of     that consists of a total   flights as
 more than 100 nautical        straight-line distance     test pilot.
 miles from the original       of more than 50 nautical  See proposed
 point of departure; and.      miles from the original    Sec.
 One 2-hour cross      point of departure;        194.233(a).
 country flight in a powered- One 2-hour cross country
 lift in nighttime             flight in a powered-lift
 conditions that consists of   in nighttime conditions
 a total straight-line         that consists of a total
 distance of more than 100     straight-line distance
 nautical miles from the       of more than 50 nautical
 original point of             miles from the original
 departure; and.               point of departure; and
                              An additional cross-
                               country flight with
                               landings at a minimum of
                               three points, with one
                               segment consisting of a
                               straight-line distance
                               of at least 50 nautical
                               miles from the original
                               point of departure. The
                               additional cross-country
                               flight must include
                               landings at different
                               points than the first
                               two cross-country
                               flights.
                              See proposed Sec.
                               194.233(a).
(3) 3 hours in a powered-     Test pilot may accomplish  Instructor
 lift with an authorized       the practical test         pilot may
 instructor in preparation     preparation with an        accomplish the
 for the practical test        instructor pilot (rather   practical test
 within the preceding 2        than an authorized         preparation
 calendar months from the      instructor).               with another
 month of the test.           See proposed Sec.           instructor
                               194.217(b)(2).             pilot (rather
                                                          than an
                                                          authorized
                                                          instructor).
                                                         See proposed
                                                          Sec.
                                                          194.219(b)(2).
------------------------------------------------------------------------
      Solo Flight Time or Flight Time Performing the Duties of PIC
------------------------------------------------------------------------
Ten hours of solo flight      Test pilot may complete    The alternate
 time in a powered-lift or     10 hours of solo flight    provision for
 10 hours of flight time       time under an              test pilots
 performing the duties of      endorsement from an        also applies
 PIC in a powered-lift with    instructor pilot or 10     to instructor
 an authorized instructor on   hours of flight time       pilots.
 board (either of which may    performing the duties of  See proposed
 be credited towards the       PIC in a powered-lift      Sec.
 flight time requirement       with either a test pilot   194.219(b)(3).
 under Sec.   61.129(e)(2),    or an instructor pilot
 on the areas of operation     onboard.
 listed in Sec.               See proposed Sec.
 61.127(b)(5)) that            194.217(b)(3).
 includes--

[[Page 38984]]

 
(1) One cross-country flight  Test pilot may complete    Instructor
 of not less than 300          two cross-country          pilot may
 nautical miles total          flights with landings at   complete the
 distance with landings at a   a minimum of three         same alternate
 minimum of three points,      points, with one segment   cross-country
 one of which is a straight-   consisting of a straight-  flights as
 line distance of at least     line distance of at        test pilot.
 250 nautical miles from the   least 50 nautical miles   See proposed
 original departure point.     from the original point    Sec.
 However, if this              of departure. The second   194.233(b).
 requirement is being met in   cross-country flight
 Hawaii the longest segment    must include landings at
 need only have a straight-    different points than
 line distance of at least     the first cross country
 150 nautical miles; and       flight.
                              See proposed Sec.
                               194.233(b).
(2) 5 hours in night VFR      No alternative.            No alternative.
 conditions with 10 takeoffs
 and 10 landings (with each
 landing involving a flight
 in the traffic pattern) at
 an airport with an
 operating control tower.
------------------------------------------------------------------------
* To use the alternate provisions below, the flights must be conducted
  in an experimental powered-lift at the manufacturer and the test
  pilots and instructor pilots must be authorized by the Administrator
  to act as PIC of the experimental powered-lift. See proposed Sec.
  Sec.   194.217(a) and 194.219(a).


 Table 3--Alternate Provisions for a Commercial Pilot Certificate With a
   Powered-Lift Category Rating: Initial Cadre of Check Pilots, Chief
                      Instructors, Assistant Chief
               Instructors, and Training Center Evaluators
------------------------------------------------------------------------
                                             Alternate provisions for
                                          initial cadre of check pilots,
Current flight time requirements  (Sec.    chief instructors, assistant
                61.129(e))                chief instructors, and TCEs *
                                              (herein referred to as
                                                   applicants)
------------------------------------------------------------------------
                          Powered-Aircraft Time
------------------------------------------------------------------------
100 hours in powered-aircraft, of which  No alternative.
 50 hours must be in a powered-lift.
------------------------------------------------------------------------
                             PIC Flight Time
------------------------------------------------------------------------
100 hours of PIC flight time, which      An applicant who is not rated
 includes at least--                      in the powered-lift may log up
(1) 50 hours in a powered-lift, and....   to 40 hours of PIC flight time
(2) 50 hours in cross-country flight of   in a powered-lift for flights
 which 10 must be in powered-lift..       that are conducted in
                                          accordance with a
                                          manufacturer's training
                                          curriculum if the applicant is
                                          (1) the sole manipulator of
                                          the controls, (2) manipulating
                                          the controls of the powered-
                                          lift with an instructor pilot
                                          onboard, and (3) performing
                                          the duties of PIC.
                                         See proposed Sec.   194.221(c).
------------------------------------------------------------------------
    Training on the Areas of Operation listed in Sec.   61.127(b)(5)
------------------------------------------------------------------------
20 hours of training on the areas of     An applicant may receive this
 operation listed in Sec.                 training from an instructor
 61.127(b)(5) that includes at least--    pilot (rather than an
                                          authorized instructor) if (1)
                                          training is conducted in
                                          accordance with the
                                          manufacturer's training
                                          curriculum, and (2) applicant
                                          receives endorsement from
                                          instructor pilot certifying
                                          satisfactory completion of the
                                          curriculum.
                                         See proposed Sec.
                                          194.221(b)(1).
(1) 10 hours of instrument training      An applicant may receive this
 using a view-limiting device including   instrument training from
 attitude instrument flying, partial      instructor pilot in a type
 panel skills, recovery from unusual      certificated powered-lift in
 flight attitudes, and intercepting and   accordance with the
 tracking navigational systems. 5 hours   manufacturer's training
 of the 10 hours required on instrument   curriculum.
 training must be in a powered-lift.     See proposed Sec.
                                          194.221(b)(1).

[[Page 38985]]

 
(2) The following cross-country          An applicant may complete all
 flights--                                of the following cross-country
 One 2-hour cross country         flights--
 flight in a powered-lift in daytime     One 2-hour cross country flight
 conditions that consists of a total      in a powered-lift in daytime
 straight-line distance of more than      conditions that consists of a
 100 nautical miles from the original     total straight-line distance
 point of departure; and.                 of more than 50 nautical miles
 One 2-hour cross country         from the original point of
 flight in a powered-lift in nighttime    departure;
 conditions that consists of a total     One 2-hour cross country flight
 straight-line distance of more than      in a powered-lift in nighttime
 100 nautical miles from the original     conditions that consists of a
 point of departure; and.                 total straight-line distance
                                          of more than 50 nautical miles
                                          from the original point of
                                          departure; and
                                         An additional cross-country
                                          flight with landings at a
                                          minimum of three points, with
                                          one segment consisting of a
                                          straight-line distance of at
                                          least 50 nautical miles from
                                          the original point of
                                          departure. The additional
                                          cross-country flight must
                                          include landings at different
                                          points than the first two
                                          cross-country flights.
                                         See proposed Sec.   194.233(a).
(3) 3 hours in a powered-lift with an    An applicant may accomplish the
 authorized instructor in preparation     practical test preparation
 for the practical test within the        from an instructor pilot
 preceding 2 calendar months from the     (rather than an authorized
 month of the test.                       instructor).
                                         See proposed Sec.
                                          194.221(b)(2).
------------------------------------------------------------------------
      Solo Flight Time or Flight Time Performing the Duties of PIC
------------------------------------------------------------------------
Ten hours of solo flight time in a       An applicant may complete 10
 powered-lift or 10 hours of flight       hours of solo flight time
 time performing the duties of PIC in a   under an endorsement from an
 powered-lift with an authorized          instructor pilot or 10 hours
 instructor on board (either of which     of flight time performing the
 may be credited towards the flight       duties of PIC in a powered-
 time requirement under Sec.              lift with an instructor pilot
 61.129(e)(2), on the areas of            onboard (rather than an
 operation listed in Sec.                 authorized instructor).
 61.127(b)(5)) that includes--           See proposed Sec.
                                          194.221(b)(3).
(1) One cross-country flight of not      An applicant may complete two
 less than 300 nautical miles total       cross-country flights with
 distance with landings at a minimum of   landings at a minimum of three
 three points, one of which is a          points, with one segment
 straight-line distance of at least 250   consisting of a straight-line
 nautical miles from the original         distance of at least 50
 departure point. However, if this        nautical miles from the
 requirement is being met in Hawaii the   original point of departure.
 longest segment need only have a         The second cross-country
 straight-line distance of at least 150   flight must include landings
 nautical miles; and                      at different points than the
                                          first cross country flight.
                                         See proposed Sec.   194.233(b).
(2) 5 hours in night VFR conditions      No alternative.
 with 10 takeoffs and 10 landings (with
 each landing involving a flight in the
 traffic pattern) at an airport with an
 operating control tower.
------------------------------------------------------------------------
* To use the alternate provisions below, the flights must be conducted
  in a type-certificated powered-lift at the manufacturer and the
  applicant must be authorized by the Administrator to serve as an
  initial check pilot, chief instructor, assistant chief instructor, or
  training center evaluator for the purpose of initiating training in a
  powered-lift under an approved training program under part 135, 141,
  or 142, as appropriate. See proposed Sec.   194.221(a).


 Table 4--Alternate Provisions for a Commercial Pilot Certificate With a
  Powered-Lift Category Rating: Persons Receiving Training Under a Part
               135, 141, or 142 Approved Training Program
------------------------------------------------------------------------
                                              Alternate provisions for
                                             persons receiving training
  Current flight time requirements (Sec.     under a part 135,  141, or
                61.129(e))                      142 approved training
                                             program * (herein referred
                                                  to as applicants)
------------------------------------------------------------------------
                          Powered-Aircraft Time
------------------------------------------------------------------------
100 hours in powered-aircraft, of which 50  No alternative.
 hours must be in a powered-lift.
------------------------------------------------------------------------
                             PIC Flight Time
------------------------------------------------------------------------
100 hours of PIC flight time, which         An applicant who is not
 includes at least--                         rated in the powered-lift
.(1) 50 hours in a powered-lift, and         may log up to 40 hours of
(2) 50 hours in cross-country flight of      PIC flight time in a
 which 10 must be in powered-lift            powered-lift for flights
                                             that are conducted in
                                             accordance with an approved
                                             training program under part
                                             135, 141 or 142 if the
                                             applicant is (1) the sole
                                             manipulator of the
                                             controls, (2) manipulating
                                             the controls of the powered-
                                             lift with an authorized
                                             instructor onboard, and (3)
                                             performing the duties of
                                             PIC.
                                            See proposed Sec.
                                             194.223(c).
                                             An applicant may
                                             credit up to 15 hours
                                             obtained in a level C or
                                             higher FFS toward the
                                             requirement to obtain 50
                                             hours of PIC flight time in
                                             a powered-lift if (1) the
                                             FFS represents the powered-
                                             lift category, (2) the
                                             applicant was performing
                                             the duties of PIC, and (3)
                                             the flights are conducted
                                             in accordance with an
                                             approved training program
                                             under part 135, 141 or 142.
                                            See proposed Sec.
                                             194.233(d).
------------------------------------------------------------------------

[[Page 38986]]

 
    Training on the Areas of Operation listed in Sec.   61.127(b)(5)
------------------------------------------------------------------------
20 hours of training on the areas of        No alternative.
 operation listed in Sec.   61.127(b)(5)
 that includes at least--
(1) 10 hours of instrument training using   No alternative.
 a view-limiting device including attitude
 instrument flying, partial panel skills,
 recovery from unusual flight attitudes,
 and intercepting and tracking
 navigational systems. 5 hours of the 10
 hours required on instrument training
 must be in a powered-lift.
(2) The following cross-country flights--   An applicant may complete
 One 2-hour cross country flight     all of the following cross-
 in a powered-lift in daytime conditions     country flights--
 that consists of a total straight-line      One 2-hour cross
 distance of more than 100 nautical miles    country flight in a powered-
 from the original point of departure; and   lift in daytime conditions
 One 2-hour cross country flight     that consists of a total
 in a powered-lift in nighttime conditions   straight-line distance of
 that consists of a total straight-line      more than 50 nautical miles
 distance of more than 100 nautical miles    from the original point of
 from the original point of departure; and   departure;
                                             One 2-hour cross
                                             country flight in a powered-
                                             lift in nighttime
                                             conditions that consists of
                                             a total straight-line
                                             distance of more than 50
                                             nautical miles from the
                                             original point of
                                             departure; and
                                             An additional cross-
                                             country flight with
                                             landings at a minimum of
                                             three points, with one
                                             segment consisting of a
                                             straight-line distance of
                                             at least 50 nautical miles
                                             from the original point of
                                             departure. The additional
                                             cross-country flight must
                                             include landings at
                                             different points than the
                                             first two cross-country
                                             flights.
                                            (See proposed Sec.
                                             194.211(b))
                                            See proposed Sec.
                                             194.233(a).
(3) 3 hours in a powered-lift with an       No alternative.
 authorized instructor in preparation for
 the practical test within the preceding 2
 calendar months from the month of the
 test.
------------------------------------------------------------------------
      Solo Flight Time or Flight Time Performing the Duties of PIC
------------------------------------------------------------------------
Ten hours of solo flight time in a powered- No alternative.
 lift or 10 hours of flight time
 performing the duties of PIC in a powered-
 lift with an authorized instructor on
 board (either of which may be credited
 towards the flight time requirement under
 Sec.   61.129(e)(2), on the areas of
 operation listed in Sec.   61.127(b)(5))
 that includes--
(1) One cross-country flight of not less    An applicant may complete
 than 300 nautical miles total distance      two cross-country flights
 with landings at a minimum of three         with landings at a minimum
 points, one of which is a straight-line     of three points, with one
 distance of at least 250 nautical miles     segment consisting of a
 from the original departure point.          straight-line distance of
 However, if this requirement is being met   at least 50 nautical miles
 in Hawaii the longest segment need only     from the original point of
 have a straight-line distance of at least   departure. The second cross-
 150 nautical miles; and                     country flight must include
                                             landings at different
                                             points than the first cross
                                             country flight.
                                            See proposed Sec.
                                             194.233(b).
(2) 5 hours in night VFR conditions with    No alternative.
 10 takeoffs and 10 landings (with each
 landing involving a flight in the traffic
 pattern) at an airport with an operating
 control tower.
------------------------------------------------------------------------
* To use the alternate provisions below, the applicant must receive
  training at an approved training program under part 135, 141, or 142
  for the purpose of obtaining a powered-lift category rating.

ii. Summary Tables for Obtaining an Instrument-Powered-Lift Rating
    As noted, the proposed rule language to facilitate airmen 
certification for an instrument-powered-lift rating involves several 
alternate experience and logging requirements. To facilitate 
readability of the alternate requirements that would apply to persons 
seeking powered-lift ratings, the FAA has compartmentalized the rule 
language into individual sections depending on the powered-lift ratings 
sought. Tables 5, 6, and 7 summarize the proposed alternate provisions 
for an instrument-powered-lift rating.

[[Page 38987]]



  Table 5--Alternate Provisions for an Instrument-Powered-Lift Rating:
                    Test Pilots and Instructor Pilots
------------------------------------------------------------------------
                                                            Alternate
     Current flight time       Alternate provisions for   provisions for
     requirements (Sec.             test pilots *           instructor
          61.65(f))                                          pilots *
------------------------------------------------------------------------
                        Cross-Country Time as PIC
------------------------------------------------------------------------
50 hours of cross-country     A test pilot who is not    An instructor
 time as PIC, of which 10      rated in the powered-      pilot who is
 hours must have been in a     lift may log PIC flight    not rated in
 powered-lift.                 time in the experimental   the powered-
                               powered-lift toward the    lift may log
                               10-hour cross-country      PIC flight
                               time requirement if (1)    time in the
                               the test pilot is the      experimental
                               sole manipulator of the    powered-lift
                               controls, (2) the test     towards the 10-
                               pilot acting as PIC of     hour cross-
                               the powered-lift, and      country time
                               (3) the flight is          requirement if
                               conducted for the          (1) acting as
                               purpose of R&D or          PIC of the
                               showing compliance.        powered lift,
                              See proposed Sec.           and (2) the
                               194.225(c).                flight is
                                                          conducted for
                                                          the purpose of
                                                          crew training.
                                                         See proposed
                                                          Sec.
                                                          194.227(c).
------------------------------------------------------------------------
   Instrument Time on the Areas of Operation listed in Sec.   61.65(c)
------------------------------------------------------------------------
40 hours of actual or         Test pilot may receive 15  In lieu of
 simulated instrument time     hours of instrument        receiving the
 in the areas of operation     training on the areas of   15 hours of
 listed in Sec.   61.65(c),    operation listed in Sec.   instrument
 of which 15 hours must have     61.65(c) from an         training on
 been received from an         instructor pilot (rather   the areas of
 authorized instructor who     than an authorized         operation
 holds an instrument-powered-  instructor) if the         listed in Sec.
 lift rating, and the          training is conducted in     61.65(c), an
 instrument time includes:     accordance with the        instructor
                               manufacturer's proposed    pilot may
                               training curriculum, and   provide this
                               test pilot receives        instrument
                               endorsement from           training to
                               instructor pilot           the test pilot
                               certifying satisfactory    in accordance
                               completion of the          with the
                               curriculum.                manufacturer's
                              See proposed Sec.           proposed
                               194.225(b)(1).             training
                                                          curriculum.
                                                          Instructor
                                                          pilot must
                                                          receive
                                                          endorsement
                                                          from
                                                          management
                                                          official
                                                          certifying
                                                          that
                                                          instructor
                                                          pilot provided
                                                          the training.
                                                         See proposed
                                                          Sec.
                                                          194.227(b)(1).
(1) 3 hours of instrument     Test pilot may accomplish  Instructor
 flight training from an       the practical test         pilot may
 authorized instructor in a    preparation with an        accomplish the
 powered-lift that is          instructor pilot (rather   practical test
 appropriate to the            than an authorized         preparation
 instrument-powered-lift       instructor).               with another
 rating within 2 calendar     See proposed Sec.           instructor
 months before the date of     194.225(b)(2).             pilot (rather
 the practical test; and.                                 than an
                                                          authorized
                                                          instructor).
                                                         See proposed
                                                          Sec.
                                                          194.227(b)(2).
(2) Instrument flight          Test pilot may    
 training on cross-country     complete the cross-        Instructor
 flight procedures,            country flight with an     pilot may
 including one cross-country   instructor pilot (rather   complete the
 flight in a powered-lift      than an authorized         cross-country
 with an authorized            instructor).               flight with
 instructor that is            Instead of         another
 performed under IFR, when a   completing one cross-      instructor
 flight plan has been filed    country flight of 250      pilot (rather
 with an ATC control           nautical miles, a test     than an
 facility, that involves--     pilot may complete two     authorized
 A flight of 250       cross-country flights,     instructor).
 nautical miles along          each of which must        
 airways or by directed        involve a flight of 100    Instructor
 routing from an ATC           nautical miles along       pilot may
 facility;.                    airways or by directed     complete the
 An instrument         routing from an ATC        same alternate
 approach at each airport;     facility.\1\               cross-country
 and.                         See proposed Sec.  Sec.     flights as
 Three different       194.225(b)(4) and          test pilot.
 kinds of approaches with      194.235(a).               See proposed
 the use of navigation                                    Sec.  Sec.
 systems.                                                 194.227(b)(4)
                                                          and
                                                          194.235(a).
------------------------------------------------------------------------
* To use the alternate provisions below, the flights must be conducted
  in an experimental powered-lift at the manufacturer and the test
  pilots and instructor pilots must be authorized by the Administrator
  to act as PIC of the experimental powered-lift. See proposed Sec.
  Sec.   194.225(a) and 194.227(a).
\1\ The other requirements in Sec.   61.65(f)(2)(ii) would continue to
  apply for persons not utilizing the relief under proposed Sec.
  194.235(b). Thus, each cross-country flight with the reduced 100-
  nautical mile distance must be performed under IFR when a flight plan
  has been filed with an ATC facility and must involve (1) an instrument
  approach at each airport and (2) three different kinds of approaches
  with the use of navigation systems.


  Table 6--Alternate Provisions for an Instrument-Powered-Lift Rating:
    Initial Cadre of Check Pilots, Chief Instructors, Assistant Chief
               Instructors, and Training Center Evaluators
------------------------------------------------------------------------
                                             Alternate provisions for
                                          initial cadre of check pilots,
 Current flight time requirements (Sec.   chief instructors,  assistant
                61.65(f))                 chief instructors, and TCEs *
                                              (herein referred to as
                                                   applicants)
------------------------------------------------------------------------
                        Cross-Country Time as PIC
------------------------------------------------------------------------
50 hours of cross-country time as PIC,   An applicant who is not rated
 of which 10 hours must have been in a    in the powered-lift may log
 powered-lift.                            PIC flight time in the powered-
                                          lift towards the 10-hour cross-
                                          country time requirement for
                                          flights that are conducted in
                                          accordance with a
                                          manufacturer's training
                                          curriculum if the applicant is
                                          (1) the sole manipulator of
                                          the controls, (2) manipulating
                                          the controls of the powered-
                                          lift with an instructor pilot
                                          onboard, and (3) performing
                                          the duties of PIC.
                                         See proposed Sec.   194.229(c).
------------------------------------------------------------------------

[[Page 38988]]

 
   Instrument Time on the Areas of Operation listed in Sec.   61.65(c)
------------------------------------------------------------------------
40 hours of actual or simulated          An applicant may receive 15
 instrument time in the areas of          hours of instrument training
 operation listed in Sec.   61.65(c),     on the areas of operation
 of which 15 hours must have been         listed in Sec.   61.65(c) from
 received from an authorized instructor   an instructor pilot (rather
 who holds an instrument-powered-lift     than an authorized instructor)
 rating, and the instrument time          if the training is conducted
 includes:                                in accordance with the
at least--.............................   manufacturer's training
                                          curriculum, and the applicant
                                          receives endorsement from
                                          instructor pilot certifying
                                          satisfactory completion of the
                                          curriculum.
                                         See proposed Sec.
                                          194.229(b)(1).
(1) 3 hours of instrument flight         An applicant may accomplish the
 training from an authorized instructor   practical test preparation
 in a powered-lift that is appropriate    from an instructor pilot
 to the instrument-powered-lift rating    (rather than an authorized
 within 2 calendar months before the      instructor).
 date of the practical test; and.        See proposed Sec.
                                          194.229(b)(2).
(2) Instrument flight training on cross-  Applicant may complete
 country flight procedures, including     the cross-country flight with
 one cross-country flight in a powered-   an instructor pilot (rather
 lift with an authorized instructor       than an authorized
 that is performed under IFR, when a      instructor).
 flight plan has been filed with an ATC   Instead of completing
 control facility, that involves--        one cross-country flight of
 A flight of 250 nautical miles   250 nautical miles, an
 along airways or by directed routing     applicant may complete two
 from an ATC facility;.                   cross-country flights, each of
 An instrument approach at each   which must involve a flight of
 airport; and.                            100 nautical miles along
 Three different kinds of         airways or by directed routing
 approaches with the use of navigation    from an ATC facility.\1\
 systems.                                See proposed Sec.  Sec.
                                          194.229(b)(4) and 194.235(a).
------------------------------------------------------------------------
* To use the alternate provisions below, the flights must be conducted
  in a type-certificated powered-lift at the manufacturer and the
  applicant must be authorized by the Administrator to serve as an
  initial check pilot, chief instructor, assistant chief instructor, or
  training center evaluator for the purpose of initiating training in a
  powered-lift under an approved training program under part 135, 141,
  or 142, as appropriate. See proposed Sec.   194.229(a).
\1\ The other requirements in Sec.   61.65(f)(2)(ii) would continue to
  apply for persons not utilizing the relief under proposed Sec.
  194.235(b). Thus, each cross-country flight with the reduced 100-
  nautical mile distance must be performed under IFR when a flight plan
  has been filed with an ATC facility and must involve (1) an instrument
  approach at each airport and (2) three different kinds of approaches
  with the use of navigation systems.


  Table 7--Alternate Provisions for an Instrument-Powered-Lift Rating:
    Persons Receiving Training Under a Part 135, 141 or 142 Approved
                            Training Program
------------------------------------------------------------------------
                                             Alternate provisions for
                                            persons receiving training
 Current flight time requirements (Sec.   under a part 135,  141 or 142
                61.65(f))                  approved training program *
                                              (herein referred to as
                                                   applicants)
------------------------------------------------------------------------
                        Cross-Country Time as PIC
------------------------------------------------------------------------
50 hours of cross-country time as PIC,   An applicant may credit up to 4
 of which 10 hours must have been in a    hours obtained in a level C or
 powered-lift.                            higher FFS toward the
                                          requirement to obtain 10 hours
                                          of cross-country time as PIC
                                          in a powered-lift if (1) the
                                          FFS represents the powered-
                                          lift category, (2) the
                                          applicant was performing the
                                          duties of PIC, (3) the flight
                                          simulates a cross-country
                                          flight and includes the
                                          performance of instrument
                                          procedures under simulated
                                          instrument conditions and (3)
                                          the flights are conducted in
                                          accordance with an approved
                                          training program under part
                                          135, 141 or 142.
                                         See proposed Sec.   194.231(c).
------------------------------------------------------------------------
   Instrument Time on the Areas of Operation listed in Sec.   61.65(c)
------------------------------------------------------------------------
40 hours of actual or simulated          No alternative.
 instrument time in the areas of
 operation listed in Sec.   61.65(c),
 of which 15 hours must have been
 received from an authorized instructor
 who holds an instrument-powered-lift
 rating, and the instrument time
 includes:
at least--.............................
(1) 3 hours of instrument flight         No alternative.
 training from an authorized instructor
 in a powered-lift that is appropriate
 to the instrument-powered-lift rating
 within 2 calendar months before the
 date of the practical test; and

[[Page 38989]]

 
(2) Instrument flight training on cross- Instead of completing one cross-
 country flight procedures, including     country flight of 250 nautical
 one cross-country flight in a powered-   miles, an applicant may
 lift with an authorized instructor       complete two cross-country
 that is performed under IFR, when a      flights, each of which must
 flight plan has been filed with an ATC   involve a flight of 100
 control facility, that involves--        nautical miles along airways
 A flight of 250 nautical miles   or by directed routing from an
 along airways or by directed routing     ATC facility.\1\
 from an ATC facility;.                  See proposed Sec.  Sec.
 An instrument approach at each   194.231(b) and 194.235(a).
 airport; and.
 Three different kinds of
 approaches with the use of navigation
 systems.
------------------------------------------------------------------------
* To use the alternate provisions below, the applicant must receive
  training at an approved training program under part 135, 141, or 142
  for the purpose of obtaining a powered-lift category rating.
\1\ The other requirements in Sec.   61.65(f)(2)(ii) would continue to
  apply for persons not utilizing the relief under proposed Sec.
  194.235(b). Thus, each cross-country flight with the reduced 100-
  nautical mile distance must be performed under IFR when a flight plan
  has been filed with an ATC facility and must involve (1) an instrument
  approach at each airport and (2) three different kinds of approaches
  with the use of navigation systems.

6. Alternate Endorsement Requirements for Certain Persons Seeking 
Powered-Lift Ratings
    Part 61 requires an applicant for a certificate or rating to 
receive certain endorsements from an authorized instructor. For 
example, an applicant must receive an endorsement from an authorized 
instructor certifying that the person has received training on the 
areas of operation applicable to the certificate or rating sought. An 
applicant is also required to receive a solo flight endorsement from an 
authorized instructor pursuant to Sec.  61.31(d)(2). Additionally, to 
be eligible to take a practical test for a certificate or rating, an 
applicant must have an endorsement from an authorized instructor 
certifying that the applicant has received and logged training time 
within 2 calendar months preceding the month of the practical test and 
is prepared to take the required practical test.
    Under Sec.  61.51(h), a person may log training time when that 
person receives training from an authorized instructor in an aircraft, 
full flight simulator, flight training device, or aviation training 
device. The training time must be endorsed in a legible manner by the 
authorized instructor and include a description of the training given, 
the length of the training lesson, and the authorized instructor's 
signature, certificate number, and certificate expiration date. Section 
61.1(b) defines ``authorized instructor,'' in pertinent part, as a 
person who holds a flight instructor certificate issued under part 61 
and is in compliance with Sec.  61.197, when conducting ground training 
or flight training in accordance with the privileges and limitations of 
his or her flight instructor certificate. Section 61.195(b), which 
prescribes flight instructor limitations, restricts a flight instructor 
from conducting training in an aircraft unless the flight instructor 
holds the appropriate ratings on their flight instructor certificate.
    As previously discussed, the SFAR would permit test pilots and the 
initial cadre of instructors who will provide training under the 
approved training program to receive training from an instructor pilot 
at the manufacturer for the purpose of adding powered-lift ratings to a 
commercial pilot certificate even though the instructor pilot does not 
meet the current definition of ``authorized instructor'' in FAA 
regulations. Because the initial cadre of instructors would also add 
powered-lift rating to their flight instructor certificate, these 
persons would also be required to receive the training and endorsements 
required under subpart H of part 61 from the instructor pilot. In 
addition to the training and endorsements for test pilots and the 
initial cadre of instructors by instructor pilots, the SFAR would 
permit the instructor pilots to credit the training they provide under 
the manufacturer's curriculum toward the training requirements for the 
instructor pilots' own powered-lift ratings.
    An instructor pilot at a powered-lift manufacturer may not hold a 
flight instructor certificate with powered-lift ratings when providing 
training under the alternate requirements in part 194. Thus, without 
relief in the SFAR, certain instructor pilots would be prohibited under 
part 61 from providing logbook or training record endorsements 
certifying that they have provided the required training in accordance 
with the manufacturer's training curriculum and the pilot is prepared 
for the practical test. The FAA is, therefore, proposing in Sec.  
194.213 to permit instructor pilots to provide the required logbook or 
training record endorsements contained in part 61 for a commercial 
pilot certificate with a powered-lift category rating, an instrument-
powered-lift rating, a powered-lift type rating, or a flight instructor 
certificate with powered-lift ratings. This privilege to provide 
endorsements, however, extends only to applicants who are (1) test 
pilots or instructor pilots, or (2) persons authorized by the 
Administrator to serve as an initial check pilot, chief instructor, 
assistant chief instructor, or TCE for the purpose of initiating 
training in a powered-lift under an approved training program under 
part 135, 141, or 142.
    With respect to applicants for a practical test who are instructor 
pilots, the FAA is proposing an alternate experience requirement that 
would require an instructor pilot to receive training in preparation 
for the practical test from another instructor pilot at the 
manufacturer. Therefore, when an instructor pilot provides an 
endorsement to another instructor pilot, that endorsement would certify 
that the applicant is prepared for the practical test. Consistent with 
the current prohibition in Sec.  61.195(i), which prohibits a flight 
instructor from making any self-endorsements for a certificate, rating 
or practical test, the FAA finds it would be inappropriate to permit 
the instructor pilot to make a self-endorsement. Therefore, the FAA is 
proposing to require the instructor pilot to receive an endorsement 
from a management official within the manufacturer's organization 
certifying that the instructor pilot has provided the manufacturer's 
training curriculum to a test pilot in accordance with the proposed 
alternate experience requirements in the SFAR. To certify that the 
instructor pilot has provided the training, the management official

[[Page 38990]]

must hold a position within the organization that enables the 
management official to have knowledge of the training content provided.

F. Training in an Approved Program Under Parts 135, 141, and 142

    In section E of this preamble, the FAA proposes alternate logging 
requirements for a person to obtain a powered-lift category rating and 
an instrument-powered-lift rating on their commercial certificate. To 
be eligible for the some of the alternate requirements, the proposal 
requires that a pilot must satisfactorily complete the applicable 
curricula for those ratings in an approved training program under part 
135, 141, or 142. After completion of the approved curricula, a person 
must satisfactorily complete the applicable practical test to obtain 
powered-lift ratings.\172\
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    \172\ As discussed later in this section, the FAA is proposing 
to allow pilots to complete part 135 testing and checking activity 
in lieu of the practical test for powered-lift ratings at the 
commercial pilot certificate level.
---------------------------------------------------------------------------

    As discussed in more detail later in this section, part 141 pilot 
schools and part 142 training centers are structured to provide 
alternate methods to obtain training and testing for part 61 
certification. These parts contain specific requirements governing 
curriculum approval, facilities, and personnel. The part 61 training 
and certification activity at a part 141 pilot school or a part 142 
training center is not limited to a particular certificate level, 
meaning they are able to conduct training and administer practical 
tests that result in the issuance of a commercial pilot certificate 
with category and class ratings, instrument ratings, and type ratings 
if they have approved courses for the certificate and ratings, the 
appropriate facilities, and instructors who meet the qualification 
requirements of the respective parts. Further, existing provisions in 
parts 141 and 142 also permit certain employees of the part 141 pilot 
school or part 142 training center to be designated to conduct 
practical tests on behalf of the FAA. This training and certification 
activity at part 141 pilot schools and part 142 training centers is 
appropriate as these air agencies were established as an alternate 
means to conduct part 61 training and testing.
    By contrast, there is currently no provision to allow a part 135 
operator to conduct training and testing for a commercial pilot 
certificate or to add category and class ratings or instrument ratings 
to a commercial pilot certificate. This limitation on training and 
testing for part 61 certification is appropriate because part 135 
training and checking requirements are not structured to achieve airman 
certification but rather are structured to qualify pilots to serve in a 
particular aircraft in the operational environment of part 135.\173\ 
Historically, airplane and helicopter pilots would have no need to 
receive commercial pilot certification training at a part 135 operator 
because these pilots hold the appropriate certificates and ratings 
before employment at the operator, since these certificates and ratings 
are the minimum regulatory requirements to serve as a pilot at a part 
135 operator. As such, these pilots would have obtained these minimum 
certificates and ratings through the traditional building block 
approach to airman certification discussed earlier.
---------------------------------------------------------------------------

    \173\ Since 2014, part 135 operators have had the option to 
obtain approval to provide the Airline Transport Pilot Certification 
Training Program (ATP CTP), which is a prerequisite for the ATP 
knowledge test. 14 CFR 135.336.
---------------------------------------------------------------------------

    While a part 135 operator may not conduct part 61 training and 
testing, the FAA has acknowledged in regulation that certain training, 
testing, and checking activity in part 135 may be accepted in lieu of 
meeting part 61 requirements. For example, Sec.  61.157(c) permits an 
employee of a part 135 operator to forgo the part 61 training and 
endorsements required under part 61 for an aircraft type rating to be 
added to an ATP certificate or an aircraft type rating to be obtained 
concurrently with an ATP certificate provided the applicant presents a 
training record that shows completion of that certificate holder's 
approved training program for the aircraft type rating. The part 135 
operator is not obligated to change any aspect of its part 135 training 
program to align with the part 61 requirements. Rather, part 61 accepts 
the part 135 training activity in lieu of meeting the part 61 training 
requirement for a type rating. In addition to accepting part 135 
training for part 61 purposes, Sec.  61.157(f) allows the completion of 
part 135 competency and instrument proficiency checks to meet the 
flight proficiency requirements of a practical test but only for the 
issuance of an ATP certificate with appropriate aircraft ratings. To 
result in certification, the checks must be conducted by an FAA 
Aviation Safety Inspector (ASI), an Aircrew Program Designee (APD), or 
a TCE.
    Even at the commercial pilot certificate level, Sec.  
61.63(d)(6)(ii) allows an employee of a part 135 operator to credit 
training in the operator's approved training program toward training 
and endorsements required by part 61 to obtain a type rating on a 
commercial pilot certificate. Unlike the ATP certificate, however, 
Sec.  61.63(d)(6) does not allow the part 135 competency and instrument 
proficiency checks to count for the type rating practical test. Rather, 
the applicant must complete the practical test with a designated pilot 
examiner (DPE) or ASI under part 61, and the test must be consistent 
with the applicable type rating testing standard.\174\
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    \174\ For example, for an airplane type rating, the practical 
test must be consistent with the Airline Transport and Type Rating 
for Airplane ACS or the Airline Transport Pilot and Aircraft Type 
Rating PTS for Helicopter.
---------------------------------------------------------------------------

    The following sections discuss the FAA's proposals for training 
pilots for powered-lift ratings under approved programs at parts 135, 
141, and 142 and how a part 135 operator may opt to conduct this 
training to ensure that its pilots obtain the proper powered-lift 
ratings on their commercial pilot certificates to serve in part 135 
powered-lift operations.
1. Part 135
    As noted, part 135 training and checking is designed to qualify a 
pilot to serve in a particular aircraft in the specific operation the 
part 135 operator is authorized to conduct. For airplanes and 
helicopters, a part 135 pilot generally holds the minimum certificate 
and ratings for the type of operations being conducted by the operator 
when they are hired. The minimum certificates and ratings ensure the 
pilot has the foundational aeronautical knowledge and skills required 
of a pilot serving in commercial operations, and the part 135 training 
and checking, which is specific to the aircraft and the authorized 
operations, ensures that the pilot is qualified for the operational 
environment of part 135. The part 135 training and checking includes 
the operational policies and procedures specific to the operator, such 
as crew resource management, flight planning procedures, authorized 
approach procedures, and operations in weather conditions like icing 
conditions.
i. Airman Certification Training Curricula
    The FAA is proposing a temporary provision in Sec.  194.243(a)(1) 
to allow a part 135 operator who obtains authorization to conduct 
powered-lift operations to seek approval to establish and implement a 
training curriculum to satisfy the following: (1) ground training, 
flight training, and aeronautical experience requirements in Sec.  
61.65 for the addition of an instrument-powered-lift rating to a 
commercial pilot certificate; \175\ (2)

[[Page 38991]]

ground training, flight training, and aeronautical experience 
requirements in Sec.  61.63(b) for the addition of an aircraft category 
rating to a commercial pilot certificate; and (3) ground and flight 
training requirements in Sec.  61.63(d) to add a type rating to a 
commercial pilot certificate.
---------------------------------------------------------------------------

    \175\ Some part 135 operators will conduct only VFR operations. 
As described in section V.J of this preamble, the FAA is proposing 
that powered-lift pilots conducting VFR operations must nevertheless 
hold an instrument-powered-lift rating similar to the instrument-
airplane rating that is required for pilots conducting part 135 VFR 
airplane operations. Because powered-lift pilots will be required to 
hold an instrument rating even when performing under VFR, the FAA is 
proposing to allow part 135 operators to provide training for 
instrument ratings under an approved airman certification 
curriculum.
---------------------------------------------------------------------------

    The FAA understands that, unlike airplanes and helicopters, a part 
135 operator conducting powered-lift operations may not be able to hire 
pilots who hold the necessary powered-lift category ratings on their 
commercial pilot certificates. Therefore, the FAA proposes to allow a 
part 135 operator to provide ground and flight training to meet the 
requirements of Sec. Sec.  61.125(b), 61.127(b)(5), and 61.129(e) for a 
powered-lift category rating; \176\ Sec.  61.65(b), (c), and (f) for an 
instrument-powered-lift rating; and Sec.  61.63(d) for an aircraft type 
rating. A part 135 operator would not be required to offer this part 61 
training. Nevertheless, this proposal allows part 135 operators the 
flexibility to determine whether providing such training is necessary 
to develop a sufficient number of qualified pilots for its operations. 
The FAA envisions that the pilots would complete the certification 
training before transitioning to the operator's part 135 training; 
however, the FAA would approve one curriculum if it meets all of the 
part 61 aeronautical experience requirements and the part 135 training 
requirements.
---------------------------------------------------------------------------

    \176\ Other than the relief proposed in the SFAR, there is no 
regulatory relief to obtaining an additional category rating on an 
existing pilot certificate. Section 61.63(b) requires a person 
applying for a new category rating to complete all of the training 
and have the applicable aeronautical experience for the certificate 
and ratings. As such, Sec.  61.63(b) requires an applicant to meet 
the requirements in Sec. Sec.  61.125, 61.127, and 61.129 to add a 
powered-lift category rating to an existing commercial pilot 
certificate. By contrast, a person adding a class rating must only 
obtain a logbook or training record endorsement from an authorized 
instructor attesting that the person was found competent in the 
appropriate aeronautical knowledge areas and proficient in the 
appropriate areas of operation, without meeting the applicable 
aeronautical experience requirements for the class rating.
---------------------------------------------------------------------------

    A part 135 operator who wants to provide this type of training to 
its pilots would submit their curricula to the responsible Flight 
Standards Office for approval in accordance with Sec.  135.325. The FAA 
has determined that additional and updated inspector guidance will be 
needed for Flight Standards Offices to ensure consistency with all 
powered-lift operators' certification curricula.
ii. Curriculum Content
    As previously discussed, an applicant for powered-lift ratings at 
the commercial pilot level would be required to meet the part 61 
requirements or the alternate requirements proposed in new part 194. 
These requirements involve foundational ground and flight training and 
aeronautical experience that normally would not be included in a part 
135 training curriculum. For example, a part 135 operator would not 
require its pilots to obtain solo flight time or cross-country flight 
time as is required for powered-lift commercial pilot certification. 
Moreover, the operator's training curriculum may not involve certain 
tasks and maneuvers in the ACS for a category rating or instrument 
rating. For example, the Commercial Pilot--Airplane ACS requires pilots 
to complete chandelles and lazy eights to add an airplane category with 
a single-engine land or single-engine sea class rating to a commercial 
pilot certificate. The purpose of testing these performance maneuvers 
is to conduct a basic evaluation of a pilot's proficiency in flight 
control application, maneuver planning, situational awareness, and 
division of attention.\177\ However, these performance maneuvers serve 
no operational purpose in part 135 operations and would not be 
conducted during routine part 135 operations. Therefore, a part 135 
operator would not generally include these maneuvers in their part 135 
training curriculum.
---------------------------------------------------------------------------

    \177\ Airplane Flying Handbook (FAA-H-8083-3), Chapter 10.
---------------------------------------------------------------------------

    Nevertheless, under proposed Sec.  194.243(a), an operator would be 
able to seek approval to offer this type of training in conjunction 
with its part 135 operator training to qualify its pilots for part 135 
operations. The airman certification curriculum would be required to 
satisfy the aeronautical experience requirements (including the 20 
hours of training) in Sec.  61.129(e) (as required by Sec.  61.63(b)) 
or the applicable alternate requirements set forth by proposed part 
194, the requirements for an instrument rating in Sec.  61.65(f) or the 
applicable alternate requirements set forth by proposed part 194, and 
the requirements for adding a type rating in Sec.  61.63(d).\178\ As 
discussed later in this section, the FAA is proposing that the operator 
may use the competency check and instrument proficiency check required 
by part 135 to satisfy the practical test requirements with some 
modifications.
---------------------------------------------------------------------------

    \178\ Operators that need to provide type ratings to powered-
lift pilots who already hold powered-lift category ratings and 
instrument-powered-lift ratings would follow existing regulations in 
the same manner as operators using airplanes and rotorcraft that 
require the pilot to hold a type rating.
---------------------------------------------------------------------------

    In addition, the FAA notes that, under the special rules in Sec.  
135.324, a certificate holder may contract with, or otherwise arrange 
to use the services of, a training center certificated under part 142 
to conduct training, testing, and checking required by part 135 
provided the part 142 training center meets the requirements in Sec.  
135.324(b).\179\ This rule would extend to the part 135 operator's 
approved certification curricula under the SFAR. As such, an operator 
could partner with a part 142 training center, which would deliver the 
part 135 operator's approved certification curriculum. Likewise, the 
operator could simply send its pilots to a part 141 pilot school or 
part 142 training center to obtain the necessary powered-lift ratings 
before returning to the part 135 operator to complete the required part 
135 training and checking.
---------------------------------------------------------------------------

    \179\ Section 135.324 also allows a part 135 operator to use 
another part 135 operator to provide its training program under 
contract or other arrangement. That flexibility would also be 
available to operators for the proposed certification curriculum.
---------------------------------------------------------------------------

iii. Pilot Eligibility
    The FAA is also proposing eligibility standards for the pilots who 
may be trained under a part 135 airman certification training 
curriculum, which would be set forth by proposed Sec.  194.243(a)(3). 
As proposed, a certificate holder may train a pilot for powered-lift 
ratings only if the pilot is employed by the part 119 certificate 
holder. This limitation is consistent with other part 61 provisions 
that recognize training activity by part 135 operators and with the 
rationale for expanding part 135 training, namely, to grant flexibility 
to operators trying to qualify sufficient pilots for their operations. 
The pilots would also be required to meet the certificate and rating 
requirements of proposed Sec.  194.215(a), which would require at least 
a commercial pilot certificate with either an airplane category rating 
with single or multiengine class rating and an instrument-airplane 
rating, or a rotorcraft category rating with a helicopter class rating 
and an instrument-helicopter rating. This proposal is consistent with 
the alternate experience requirements in proposed part 194, and the FAA 
proposes to impose it on the part 135 operator for

[[Page 38992]]

the same reasons identified in the discussion of that proposal.
iv. Part 135 Instructors
    Currently, the instructors in part 135 are not required to hold a 
part 61 flight instructor certificate. Rather, a part 135 instructor 
must meet only the specific part 135 instructor qualification and 
training requirements in Sec. Sec.  135.338 and 135.340, respectively. 
Among these requirements, the instructor must be PIC qualified for the 
aircraft and the operation,\180\ satisfactorily complete the approved 
part 135 instructor ground and flight training, and may undergo 
continued observation by their POI, if necessary, or the operator's 
check pilots to ensure the quality and effectiveness of the instruction 
after initial instructor acceptance. Part 135 instructors focus on 
training pilots in a particular aircraft in the specific operation 
rather than on basic airman certification requirements. This training 
includes the operator's specific policies and procedures detailed in 
its manuals, such as crew resource management, flight planning 
procedures, authorized approach procedures, and operations in weather 
conditions like icing conditions.
---------------------------------------------------------------------------

    \180\ This includes holding the airman certificates and ratings 
required to serve as a PIC in the certificate holder's operations, 
satisfactorily completing the training phases for the aircraft, 
including recurrent training, that are required to serve as a PIC in 
the certificate holder's part 135 operations, satisfactorily 
completing the instrument proficiency and competency checks that are 
required to serve as a PIC in the certificate holder's part 135 
operations, and if instructing in an aircraft inflight, meeting the 
PIC recency of experience requirements.
---------------------------------------------------------------------------

    By contrast, to provide flight training to another person to meet 
the requirements for a certificate, rating, or privilege, part 61 
generally requires a person to hold a flight instructor certificate 
issued under that part with the appropriate ratings on that 
certificate. Specifically, pursuant to Sec.  61.3(d)(2), a person must 
hold a flight instructor certificate issued under part 61 to give 
training required to qualify a person for solo flight and solo cross-
country flight and to give certain endorsements. These endorsements 
include endorsing an applicant for a pilot certificate and ratings, 
flight instructor certificate and ratings, and ground instructor 
certificate and ratings issued under part 61, endorsing a pilot logbook 
to show training given, or endorsing a logbook for solo operating 
privileges.\181\
---------------------------------------------------------------------------

    \181\ 14 CFR 61.3(d)(2)(ii) through (iv).
---------------------------------------------------------------------------

    There are certain instances, however, when a flight instructor 
certificate issued under part 61 is unnecessary. For example, under 
Sec.  61.3(d)(3)(ii), a flight instructor certificate is not necessary 
to provide the training and endorsements if the training is given by 
the holder of an ATP certificate with a rating appropriate to the 
aircraft in which the training is given, provided the training is given 
in accordance with the privileges of the ATP certificate \182\ and 
conducted in accordance with an approved air carrier training program 
under part 121 or 135. The FAA notes that this exception from holding a 
flight instructor certificate is narrow. It does not permit the holder 
of an ATP certificate to offer flight training for meeting part 61 
requirements outside of a part 121 or 135 training program. Rather, the 
ATP must be independently qualified under the instructor requirements 
in part 121 or 135 and may, in the course of providing the part 135 or 
121 training, give endorsements for part 61 purposes if the part 121 or 
135 training aligns with a particular requirement in part 61. For 
example, an operator's training program may include flight training in 
a pressurized aircraft capable of operating at high altitudes. In such 
instances, a part 135 instructor who also holds an ATP certificate 
would be able to provide the endorsement required by Sec.  61.31(g).
---------------------------------------------------------------------------

    \182\ Under Sec.  61.167(a)(2)(i), an ATP may instruct other 
pilots in air transportation service in aircraft of the category, 
class, and type, as applicable, for which the ATP is rated and 
endorse the logbook or other training record of the person to whom 
training has been given.
---------------------------------------------------------------------------

    In addition, although a part 135 operator does not conduct part 61 
training, the FAA has acknowledged that certain training, testing, and 
checking activity in part 135 may be accepted in lieu of meeting part 
61 requirements. For example, as discussed, a part 135 commercial pilot 
may forego the specific training required under part 61 for a type 
rating training if the pilot receives a flight training record 
endorsement from a part 135 certificate holder attesting that the 
person completed the certificate holder's approved ground and flight 
training program for the aircraft type.\183\
---------------------------------------------------------------------------

    \183\ 14 CFR 61.63(d)(6).
---------------------------------------------------------------------------

    When a commercial pilot receives training at a part 135 operator in 
an aircraft that requires a type rating, the pilot already holds the 
appropriate category and class ratings on at least their commercial 
pilot certificate. Therefore, while the holder of an ATP certificate 
with the appropriate ratings may instruct other pilots in air 
transportation service, they are currently limited to instructing other 
pilots who have already passed the commercial pilot practical test in 
the category and class of aircraft for which the type rating is sought. 
As a result, these pilots will have already satisfied the aeronautical 
experience requirements for at least a commercial pilot certificate in 
the appropriate category and class of aircraft (e.g., at least 50 hours 
of PIC time in the category or class of aircraft for which the type 
rating is sought).\184\ Additionally, these pilots will have already 
demonstrated proficiency and competency within the approved standards 
for a commercial pilot certificate in the appropriate category and 
class of aircraft.\185\
---------------------------------------------------------------------------

    \184\ Pursuant to Sec.  61.129(a) and (b), an applicant for a 
commercial pilot certificate with an airplane rating must have at 
least 50 hours of PIC time in the airplane category. Similarly, 
pursuant to Sec.  61.129(c), an applicant for a commercial pilot 
certificate with a helicopter rating must have at least 50 hours of 
PIC time in a helicopter.
    \185\ 14 CFR 61.43(a)
---------------------------------------------------------------------------

    Currently, approved training programs under part 135 do not include 
training and testing required to add category and instrument ratings to 
a commercial pilot certificate nor does part 61 accept part 135 
training and checking activity in lieu of part 61 requirements for a 
commercial pilot certificate. Therefore, the exception in Sec.  
61.3(d)(3)(ii) does not enable the holder of an ATP certificate to 
provide training for part 61 certification (other than the existing 
allowances for type ratings or an ATP certificate).\186\ Furthermore, 
the instruction privileges afforded to an ATP certificate holder are 
limited to those privileges specified in Sec.  61.167(a).\187\ To 
provide flight training and issue endorsements for a commercial pilot 
certificate or an instrument rating, a person is currently required to 
hold a flight instructor certificate issued under part 61.\188\
---------------------------------------------------------------------------

    \186\ 14 CFR 61.63(d)(6), 61.157(c).
    \187\ Section 61.167(a)(2)(i) states, in pertinent part, that 
the holder of an ATP certificate may instruct other pilots in air 
transportation service in aircraft of the category, class, and type, 
as applicable, for which the ATP is rated. Section 61.167(a)(2)(iii) 
states that ATP certificate holders may only instruct as provided in 
Sec.  61.167, except that an ATP who also holds a flight instructor 
certificate can exercise the instructor privileges under subpart H 
of part 61 in an aircraft for which he or she is rated.
    \188\ 14 CFR 61.193(a)
---------------------------------------------------------------------------

    The FAA's proposal to allow part 135 operators to implement a 
training curriculum that satisfies the training and aeronautical 
experience requirements for a commercial pilot certificate with a 
powered-lift category rating and an instrument-powered-lift rating 
would expand the narrow exception in Sec.  61.3(d)(3)(ii). 
Specifically, it would enable part 135 instructors who hold ATP 
certificates with powered-lift ratings to provide training in a 
powered-lift to pilots

[[Page 38993]]

seeking to add a powered-lift category rating and an instrument-
powered-lift rating to their commercial pilot certificate through the 
part 135's airman certification curriculum. This ATP certificate 
requirement would initially present an obstacle for powered-lift 
because there would be a limited number of persons who would be able to 
meet the aeronautical experience requirements for an ATP certificate 
with a powered-lift category rating. However, even with enough ATP 
certificate holders with the appropriate powered-lift ratings, the FAA 
has determined that a person must hold a flight instructor certificate 
issued under part 61 with the appropriate ratings to provide training 
for the purpose of adding a powered-lift category rating or an 
instrument rating to a commercial pilot certificate. This determination 
is based on (1) the lack of powered-lift experience held by pilots 
completing the part 135 training program, and (2) the curriculum 
content required for the issuance of a commercial pilot certificate 
with a powered-lift category rating and an instrument-powered-lift 
rating.
    Unlike the current part 135 training environment, most powered-lift 
pilots would come to the part 135 operator with no experience operating 
a powered-lift. As a result, these pilots would receive their initial 
training in a powered-lift at the part 135 operator, which presents a 
unique challenge with respect to instructor qualifications considering 
the airman certification curriculum content that the part 135 
instructor would be responsible for delivering.
    As previously discussed, the curriculum content required to add a 
powered-lift category rating and an instrument-powered-lift rating to a 
commercial pilot certificate must include foundational ground and 
flight training and aeronautical experience that would normally not be 
included in a part 135 training curriculum. For the issuance of a 
powered-lift category rating on a commercial pilot certificate, the 
training must cover the knowledge areas specified in Sec.  61.125(b) 
and the areas of operation contained in Sec.  61.127(b)(5). For the 
issuance of an instrument-powered-lift rating, the training must cover 
the knowledge areas specified in Sec.  61.65(b) and the areas of 
operation contained in Sec.  61.65(c). For example, an applicant for a 
commercial pilot certificate with a powered-lift category rating must 
be trained and tested on cross-country flight planning, navigation 
(e.g., pilotage, dead reckoning, lost procedures, and diversion), slow 
flight, accelerated stalls, rapid deceleration and quick stop, and 
dynamic rollover.\189\
---------------------------------------------------------------------------

    \189\ Commercial Pilot for Powered-Lift Category ACS (Draft), 
Docket No. FAA-2022-1463.
---------------------------------------------------------------------------

    The holder of a flight instructor certificate with a powered-lift 
category rating, however, would be qualified to provide training on 
these tasks and maneuvers because each of these tasks and maneuvers are 
included on the powered-lift flight instructor practical test.\190\ 
Thus, a person seeking a flight instructor certificate with a powered-
lift category rating would be trained and tested on their understanding 
of these tasks and maneuvers, their application of that knowledge to 
manage associated risks, and their ability to demonstrate the 
appropriate skills and provide effective instruction for each of these 
tasks and maneuvers. However, these tasks and maneuvers would normally 
not be included in a part 135 approved training program for a powered-
lift type rating. Additionally, unlike the person who holds the flight 
instructor certificate with a powered-lift category rating, the holder 
of an ATP certificate with a powered-lift type rating would not have 
been trained or tested on their ability to provide effective 
instruction on these tasks and maneuvers.
---------------------------------------------------------------------------

    \190\ Flight Instructor for Powered-Lift Category ACS (Draft), 
Docket No. FAA-2022-1463.
---------------------------------------------------------------------------

    Upon evaluating the curriculum content, the FAA has determined that 
any risk to safety that would result from permitting pilots to receive 
foundational certification training at a part 135 operator would be 
minimized by requiring the instructor to hold a flight instructor 
certificate with appropriate powered-lift ratings, as proposed in Sec.  
194.243(a)(2). By requiring a person to hold a flight instructor 
certificate with the appropriate powered-lift ratings, the FAA would 
ensure that the person providing training on the required knowledge 
areas and areas of operation can provide effective instruction on the 
foundational tasks and maneuvers, demonstrate the skills required to 
perform those tasks and maneuvers within the approved standards, and 
analyze and correct common errors that occur during training of those 
tasks and maneuvers.\191\
---------------------------------------------------------------------------

    \191\ Flight Instructor for Powered-Lift Category ACS (Draft), 
Docket No. FAA-2022-1463.
---------------------------------------------------------------------------

    The FAA recognizes that part 135 operators would be permitted to 
provide training for pilots to add powered-lift category and instrument 
ratings only for the duration of the SFAR. The FAA is therefore 
proposing a temporary provision in Sec.  194.203(b) to ensure that the 
narrow exception in Sec.  61.3(d)(3)(ii) is not expanded in light of 
the FAA's proposal, which would significantly broaden the type of part 
61 training that may be provided under an approved training program 
under part 135. Additionally, to ensure the ATP privileges contained in 
Sec.  61.167(a) are not expanded as a result of the SFAR, the FAA is 
proposing a temporary limitation in Sec.  194.205 that would prohibit a 
person who holds an ATP certificate with powered-lift ratings from 
instructing other pilots in accordance with an approved training 
program under part 135 for the purpose of obtaining a commercial pilot 
certificate with a powered-lift category rating or an instrument-
powered-lift rating. Together, these two provisions would ensure that a 
part 135 instructor holds a flight instructor certificate with the 
appropriate powered-lift ratings when providing the foundational part 
61 certification training in a powered-lift.
    As previously discussed, the only entities that would be permitted 
to offer an approved training program for powered-lift ratings would be 
a part 135 operator, a part 141 pilot school, or a part 142 training 
center. To provide instruction under part 141 or 142, the person must 
hold a flight instructor certificate issued under part 61. The FAA 
recognizes that part 135 instructors are not required to hold a flight 
instructor certificate when providing instruction in the footprint of 
an approved part 135 training program that exists today. However, 
because the SFAR would permit part 135 operators to provide the same 
part 61 certification training as the part 141 pilot schools and the 
part 142 training centers, the FAA finds that the part 135 operators 
are similarly situated to the pilot schools and training centers in 
this instance. The FAA's proposal to require part 135 instructors to 
hold a flight instructor certificate with the appropriate powered-lift 
ratings would ensure that instructors seeking to provide training in 
accordance with the approved airman certification training program 
permitted under the SFAR are held to the same qualification standards.
    The proposed rule language has been carefully scoped to ensure that 
the current part 135 training environment is not altered by the FAA's 
proposal.\192\ Once an initial cadre of powered-lift pilots is 
certificated, the FAA anticipates that a number of powered-lift pilots 
will obtain flight instructor certificates with powered-lift ratings,

[[Page 38994]]

which would enable training in powered-lift under part 61. This would 
result in pilots obtaining the appropriate powered-lift ratings on 
their commercial pilot certificates prior to part 135 employment 
consistent with the certification pathway followed by airplane and 
helicopter pilots.
---------------------------------------------------------------------------

    \192\ The FAA notes that a part 135 instructor who holds an ATP 
certificate with powered-lift ratings may utilize the allowance in 
Sec.  61.3(d)(3)(ii) to the same extent as currently exercised by 
part 135 instructors who hold ATP certificates with other category 
ratings.
---------------------------------------------------------------------------

    The FAA understands that permitting a part 135 operator to elect to 
provide part 61 training for basic certification is a novel approach 
that may conflict with the historical precedent for part 135 training, 
which focuses on training a pilot to serve in a particular operational 
environment. Nevertheless, the introduction of powered-lift as a new 
category presents unique challenges for airman certification. The FAA 
encourages comment from part 135 operators on whether they would 
provide an approved airman certification training program that results 
in commercial pilot certification in a powered-lift and the obstacles 
that may prevent part 135 operators from utilizing the proposed 
alternate pathway set forth in the SFAR.
v. Checking and Testing
    Part 135 initial training culminates in evaluations of the pilot's 
proficiency through the completion of a competency check under Sec.  
135.293(b) and, if conducting operations under IFR, a PIC instrument 
proficiency check under Sec.  135.297. The FAA is proposing in Sec.  
194.243(b)(1) that, at the completion of the certification curriculum 
and the part 135 operator training, a pilot may apply to add a powered-
lift category rating concurrently with an instrument-powered-lift 
rating and an initial powered-lift type rating to their commercial 
pilot certificate if the person successfully completes the written or 
oral testing under Sec.  135.293(a)(2) and (3), a competency check 
under proposed Sec.  135.293(b), and an instrument proficiency check 
under proposed Sec.  135.297 provided certain conditions are met.\193\
---------------------------------------------------------------------------

    \193\ As noted earlier, PICs serving in VFR only operations 
under part 135 would not be required to complete an instrument 
proficiency check under Sec.  135.297. SICs serving in VFR or IFR 
part 135 operations also are not required to complete an instrument 
proficiency check under Sec.  135.297. Nevertheless, an operator may 
opt to provide a Sec.  135.297 instrument proficiency check to its 
pilots to issue an instrument-powered-lift rating to meet the 
requirements of proposed Sec.  135.243(b) and existing Sec.  
135.245(a).
---------------------------------------------------------------------------

    First, the competency check would be required to include the 
maneuvers and procedures required for the issuance of a commercial 
pilot certificate with a powered-lift category rating and a powered-
lift type rating.\194\ Since a pilot completing the part 135 competency 
check under this proposal would not have previously demonstrated 
competence for the powered-lift category, it is crucial that the pilot 
complete all maneuvers and procedures required for the issuance of the 
powered-lift category rating and powered-lift type rating at the 
commercial pilot level.
---------------------------------------------------------------------------

    \194\ See 14 CFR 61.127(b)(5) and 61.157(e)(3) and the 
applicable ACS.
---------------------------------------------------------------------------

    Second, the instrument proficiency check would be required to meet 
the requirements of Sec.  135.297 as applicable to a PIC holding a 
commercial pilot certificate, which includes the maneuvers and 
procedures required for the issuance of an instrument-powered-lift 
rating.\195\ As described in Sec. Sec.  135.293(e) and 135.297(c), 
competent performance of each maneuver and procedure on the competency 
check and instrument proficiency check requires that the pilot be the 
obvious master of the aircraft, with the successful outcome of the 
maneuver never in doubt. Finally, as proposed in Sec.  194.243(c), the 
testing, competency check, and instrument proficiency check would be 
administered by an ASI, APD who is authorized to perform competency 
checks and instrument proficiency checks for the certificate holder, or 
a TCE with appropriate certification authority who is also authorized 
to perform competency checks and instrument proficiency checks for the 
certificate holder.
---------------------------------------------------------------------------

    \195\ The FAA notes that since the instrument proficiency check 
is being used to meet the practical test requirements for an 
instrument-powered-lift rating, the check must include all 
approaches required by the Instrument Rating--Powered-Lift ACS, even 
if the pilot will not be authorized to conduct one or more of those 
approaches during part 135 operations. For example, an operator may 
not be authorized to conduct circling approaches during part 135 
operations. However, a pilot completing an instrument proficiency 
check for the purposes of adding an instrument-powered-lift rating, 
must still satisfactorily complete a circling approach during the 
check.
---------------------------------------------------------------------------

    Furthermore, the FAA proposes to exclude the use of certain part 
135 regulations that apply to the competency check and instrument 
proficiency checks previously discussed in proposed Sec.  
194.243(b)(1)(iii). Specifically, under proposed Sec.  194.243(b)(2), 
the allowance in Sec.  135.301(b) would not be applicable to the 
competency check and instrument proficiency check. Section 135.301(b) 
allows that, if a pilot fails a maneuver on a check, the person giving 
the check may provide the pilot with additional training during the 
check and then the pilot must repeat the failed maneuver. Because the 
competency check and instrument proficiency check are meeting the 
flight proficiency portion of the practical test and the pilot is 
demonstrating competence in the powered-lift category for the first 
time, the FAA asserts that it is essential that the pilot be held to 
the same standard as required by Sec.  61.43(c) for other pilots 
completing a powered-lift practical test. Section 61.43(c) specifies 
that, if a pilot fails any area of operation, that pilot fails the 
practical test. As such, the FAA proposes that, if a pilot fails a 
maneuver on the competency check or instrument proficiency check, the 
person giving the check would not be permitted to provide the pilot 
with additional training during the check, and the pilot would fail the 
practical test. Lastly, the FAA proposes that the allowance in Sec.  
135.293(d) is not applicable to the competency check for the powered-
lift category rating. Section 135.293(d) allows the substitution of a 
Sec.  135.297 instrument proficiency check for a competency check. The 
FAA has determined that the substitution allowance is not appropriate 
since the proposal requires both the competency check and instrument 
proficiency check to be completed for the reasons previously explained.
2. Part 141 Pilot Schools
    As noted, part 141 pilot schools provide an alternate, structured 
way to obtain part 61 certificates and ratings. The holder of a pilot 
school certificate must have approved training courses and sufficient 
personnel and facilities for the training offered. Under Sec.  
141.33(a)(3), a person conducting flight training at a part 141 pilot 
school must hold a part 61 flight instructor certificate with ratings 
for the approved course of training and any aircraft used in that 
course.\196\ The FAA is not proposing any relief from this 
requirement.\197\ As such, an instructor at

[[Page 38995]]

a part 141 pilot school will be required to hold a powered-lift 
category rating and an instrument-powered-lift rating on their 
commercial pilot certificate and a flight instructor certificate with a 
powered-lift rating or instrument-powered-lift rating.\198\ The 
instructor will also be required to hold a type rating on their pilot 
certificate that corresponds to the aircraft in which the training will 
be provided.
---------------------------------------------------------------------------

    \196\ Part 141 also contains requirements for other personnel 
including chief instructors, assistant chief instructors, and check 
instructors. Sections 141.35(a)(1), 141.36(a)(1), and 
141.37(a)(2)(ii) require that the person hold a commercial pilot 
certificate or ATP certificate and a current flight instructor 
certificate in addition to other requirements.
    \197\ As discussed in section V.E. of this preamble, the FAA is 
proposing an alternate pathway for persons who are selected and 
authorized to serve as the initial chief instructors and assistant 
chief instructors at part 141 pilot schools for the purpose of 
initiating training in a powered-lift. These persons would be 
permitted to receive the required training from the powered-lift 
manufacturers to obtain the powered-lift ratings that are necessary 
to develop sufficient instructors at part 141 pilot schools. The FAA 
anticipates that these chief instructors and assistant chief 
instructors will conduct the initial powered-lift training for other 
instructor personnel at the part 141 pilot school.
    \198\ Under Sec.  61.183, a person must hold either a commercial 
pilot certificate or ATP certificate with (1) aircraft ratings 
appropriate to the flight instructor rating sought, and (2) an 
instrument rating, or privileges on that person's pilot certificate 
that are appropriate to the flight instructor rating sought.
---------------------------------------------------------------------------

    Initially, part 141 pilot schools would likely have to obtain the 
necessary training for powered-lift ratings from the manufacturers 
through the alternate pathways discussed in section V.E of the 
preamble. As civil powered-lift operations expand, more pilots will 
begin to hold the powered-lift ratings on their commercial pilot 
certificates and flight instructor certificates. Part 141 pilot schools 
may also begin to draw their initial instructors from the pool of 
military instructors \199\ or develop agreements with powered-lift 
manufacturers who are looking to promote and expand the use of their 
aircraft. The FAA notes also that other manufacturers have obtained 
part 142 training center certificates and, in some instances, part 141 
pilot school certificates, to facilitate initial training and 
certification in their aircraft. The FAA anticipates that the proposed 
relief provided to the persons who serve as test pilots and instructor 
pilots for powered-lift manufacturers would enable the manufacturers to 
support training and qualification of other training providers' 
personnel. Pilot schools will be able to deliver courses of training in 
accordance with this SFAR that include the alternate experience 
requirements pending appropriate approvals by the FAA.
---------------------------------------------------------------------------

    \199\ As discussed, military instructors who have obtained 
flight instructor certificates with powered-lift ratings through 
military competency will be required to obtain powered-lift type 
ratings on their pilot certificates or conduct flight training in a 
particular type of powered-lift. See 14 CFR 61.195(d).
---------------------------------------------------------------------------

3. Part 142
    The FAA enabled the expanded use of FFSs and FTDs in 1996 through 
the creation of part 142,\200\ warranted by the enormous advancement in 
flight simulation technology. At that time, the FAA recognized that the 
increased complexity and operating costs of the modern turbine-powered 
aircraft and the current operational environment resulted in an 
increasing need for the use of FSTDs. The FAA reasoned that FSTDs could 
provide more in-depth training than can be accomplished in aircraft, 
while correspondingly reducing air-traffic congestion, noise and air 
pollution, and training costs.\201\
---------------------------------------------------------------------------

    \200\ Aircraft Flight Simulator Use in Pilot Training, Testing, 
and Checking and at Training Centers, 61 FR 34508 (Jul. 2, 1996).
    \201\ Id.
---------------------------------------------------------------------------

    As noted, a part 142 training center provides an alternate means to 
accomplish part 61 training and certification.\202\ Part 142 contains 
its own requirements for flight instructor eligibility in Sec.  142.47. 
Section 142.47(a)(3) requires an instructor who is instructing in an 
aircraft in flight to be qualified under the flight instructor 
requirements in subpart H of part 61. To the extent that a part 142 
training center will obtain approval for a curriculum that includes a 
portion of flight training in a powered-lift in flight, the training 
center will be required, like the part 141 pilot school, to identify 
instructors who hold the appropriate powered-lift ratings on their 
pilot and flight instructor certificates. As with part 141 pilot 
schools, the FAA anticipates that the training center would establish 
its initial cadre of flight instructors using the alternate 
requirements for TCEs as discussed in section V.E of this preamble. 
Once these TCEs obtain the necessary training for powered-lift 
certification from a manufacturer's instructor pilots, the part 142 
training center would establish powered-lift training curricula and 
utilize the TCEs to provide that training to other instructor personnel 
at the training center.
---------------------------------------------------------------------------

    \202\ 14 CFR 142.1(a).
---------------------------------------------------------------------------

    For flight training conducted in an FSTD, a part 142 instructor is 
not required to hold a part 61 flight instructor certificate. Rather, 
if instructing in an FSTD, Sec.  142.47(a)(5) requires that an 
instructor satisfy one of three alternatives to provide instruction: 
(1) meet the commercial aeronautical experience requirements of Sec.  
61.129(a), (b), (c), or (e), as applicable, excluding the required 
hours of instruction in preparation for the commercial pilot practical 
test; (2) meet the ATP aeronautical experience requirements of 
Sec. Sec.  61.159, 61.161, or 61.163 if instructing in an FSTD that 
represents an ``airplane requiring a type rating'' or instructing in a 
curriculum leading to the issuance of an ATP certificate or added 
rating to an ATP certificate in any category of aircraft; \203\ or (3) 
be employed as an FSTD instructor for a training center providing 
instruction and testing to meet the requirements of part 61 on August 
1, 1996. As such, these part 142 instructors do not need to hold the 
pilot certificates and ratings but rather must only meet the 
aeronautical experience requirements for those certificates and 
ratings.
---------------------------------------------------------------------------

    \203\ Section 142.47(a)(5)(ii) requires an instructor to meet 
the aeronautical experience requirements for an ATP certificate if 
providing instruction in three distinct scenarios: (1) in an FSTD 
that represents an ``airplane'' requiring a type rating at any 
certificate level; (2) in a curriculum leading to the issuance of an 
ATP certificate (for any category/class/type rating); or (3) in a 
curriculum adding a rating to an ATP certificate (for any category/
class/type rating).
---------------------------------------------------------------------------

    In developing this proposed rule, the FAA identified a discrepancy 
between the manner in which the regulation addresses instructor 
requirements for training in an FSTD representing an airplane requiring 
a type rating and training in an FSTD representing a rotorcraft or 
powered-lift requiring a type rating. Under Sec.  142.47(a)(5)(ii), all 
part 142 instructors who provide training in a curriculum that results 
in an ATP certificate or an added rating (including an added type 
rating) to an ATP certificate must meet the aeronautical experience 
requirements for the ATP certificate appropriate to the rating sought. 
However, under the current regulatory framework of Sec.  
142.47(a)(5)(ii), an instructor is not required to meet the ATP 
aeronautical experience requirements when providing training for a type 
rating in an FSTD that represents a powered-lift or rotorcraft if the 
type rating is being added at a certificate level other than the ATP 
certificate. The requirement in Sec.  142.47(a)(5)(ii) to meet the ATP 
experience requirements when providing training to add a type rating to 
a certificate other than an ATP certificate is only applicable to FSTDs 
that represent airplanes requiring a type rating. Powered-lift and 
rotorcraft instructors in this context are required to meet only the 
aeronautical experience requirements for a commercial pilot in Sec.  
61.129 \204\ as applicable to the type rating for which the training is 
provided.\205\
---------------------------------------------------------------------------

    \204\ 14 CFR 142.47(a)(5)(i).
    \205\ Id.
---------------------------------------------------------------------------

    The FAA proposes to permanently amend the language in Sec.  
142.47(a)(5)(ii) to replace the word ``airplane'' with ``aircraft,'' 
thereby encompassing, first, powered-lift, which would all require a 
type rating pursuant to this proposal,\206\ and, second, any rotorcraft 
that requires a type rating. The FAA's proposal would align FSTD 
instructor experience requirements for powered-lift and rotorcraft 
requiring a type rating with

[[Page 38996]]

those currently imposed for training in FSTDs representing airplanes 
that require a type rating. This proposed amendment is consistent with 
the advancements in complexity of rotorcraft and the operational 
dissimilarities between powered-lift expected to enter the market, 
which is subsequently discussed.
---------------------------------------------------------------------------

    \206\ See section V.A of this preamble.
---------------------------------------------------------------------------

    For airplanes requiring a type rating, the FAA found that it was 
appropriate for a part 142 FSTD instructor to meet the aeronautical 
experience requirements for an ATP certificate to provide flight 
training in an FSTD representing these airplanes. By doing so, the FAA 
requires a person who will instruct wholly in an FSTD to have 
significant and relevant operational time in the NAS. Under the ATP 
aeronautical experience requirements in Sec.  61.159, a person will 
have accomplished at least 1,500 hours of flight time, including 250 
hours of PIC time or SIC time performing the duties of PIC under 
supervision in actual operations in the NAS. This flight time far 
exceeds the aeronautical experience required for a commercial pilot 
certificate and means that the instructor has extensive experience 
interacting with air traffic control, operating in an airport 
environment, navigating the operational challenges of flying the 
aircraft in weather, utilizing crew resource management, and resolving 
maintenance discrepancies, all while complying with FAA regulations, 
procedures, manuals, and authorizations.
    In reviewing the part 142 instructor requirements for this 
rulemaking, the FAA has determined that the instructor experience 
requirements for type-rated airplanes codified in Sec.  
142.47(a)(5)(ii) are similarly applicable to powered-lift and 
rotorcraft. The aeronautical experience requirements for an ATP 
certificate in a powered-lift or rotorcraft far exceed the experience 
required for a commercial pilot certificate in those same categories of 
aircraft and ensure that part 142 instructors who instruct solely in an 
FSTD for a type rating have extensive operational experience.
    This proposed amendment is further supported by the 1992 NPRM that 
proposed the creation of part 142. In Sec.  142.51(b) and (d), the FAA 
proposed that an instructor must meet the aeronautical experience 
requirements for an ATP certificate with an airplane or rotorcraft 
category, respectively, if providing training in an FSTD representing 
an airplane or rotorcraft requiring a type rating.\207\ The 1996 final 
rule preamble explained that the FAA simplified and consolidated 
instructor eligibility requirements into Sec.  142.47 and therefore 
Sec.  142.51 was no longer needed. The final rule preamble did not 
indicate the FAA intended to eliminate the requirement for rotorcraft 
instructors proposed in Sec.  142.51(d).\208\ However, when the FAA 
consolidated the instructor eligibility requirements into Sec.  
142.47(a)(5)(ii), the regulation specified ``airplane'' instead of 
``aircraft'' and, thus, rotorcraft instructors were excluded from the 
eligibility requirements.
---------------------------------------------------------------------------

    \207\ Aircraft Flight Simulator Use in Pilot Training, Testing, 
and Checking and at Training Centers, 57 FR 35905, 35932 (Aug. 11, 
1992).
    \208\ Aircraft Flight Simulator Use in Pilot Training, Testing, 
and Checking and at Training Centers, Final Rule, 61 FR 34532 (Jul. 
2, 1996).
---------------------------------------------------------------------------

    Furthermore, the final rule preamble explained that since 
publication of the NPRM,\209\ the FAA granted exemptions to allow 
individuals to qualify as simulator-only instructors in certain 
helicopter FSTDs without holding a flight instructor certificate if 
certain alternative requirements were satisfied.\210\ The exemptions 
allowed individuals instructing in an FSTD that represented a 
helicopter requiring a type rating or instructing in a course of 
training leading to the issuance of an ATP certificate or an added 
rating to an ATP certificate, to hold an ATP certificate with a 
helicopter category, class, and type rating (on the type of helicopter 
the simulator represented).\211\ The FAA determined that, in light of 
the exemptions, it was appropriate to codify such alternate 
qualifications in the 1996 final rule to facilitate training center 
employment of persons who are former military pilots, former or current 
airline pilots, and other persons who may not hold an instructor 
certificate.\212\ As a result, the FAA determined that instructors 
providing instruction in an FSTD that represented a rotorcraft that 
required a type rating needed to likewise satisfy the ATP rotorcraft 
requirements. However, while the exemptions that the FAA considered 
were to facilitate instruction in helicopter simulators, the regulation 
specified ``airplane'' instead of ``aircraft'' in Sec.  
142.47(a)(5)(ii).
---------------------------------------------------------------------------

    \209\ Aircraft Flight Simulator Use in Pilot Training, Testing, 
and Checking and at Training Centers, Final Rule, 61 FR 34508 (Jul. 
2, 1996).
    \210\ Exemption Nos. 5317D and 5324A.
    \211\ Id.
    \212\ Aircraft Flight Simulator Use in Pilot Training, Testing, 
and Checking and at Training Centers, Final Rule, 61 FR 34508, 34540 
(Jul. 2, 1996).
---------------------------------------------------------------------------

    In surveying FAA inspectors with oversight of part 142 training 
centers, the FAA expects that very few rotorcraft instructors do not 
meet the FAA's proposed enhanced requirements in Sec.  
142.47(a)(5)(ii).\213\ Notably, since the 1996 rule was published, very 
few training centers have integrated a type-rated rotorcraft 
curriculum. These training centers often also have an ATP curriculum 
for the type-rated rotorcraft. Often, the training center uses the same 
instructors in the ATP and non-ATP curriculum for the type-rated 
rotorcraft. As a result, these instructors may already meet the ATP 
experience requirements or hold an ATP certificate. The FAA proffers 
that this permanent amendment would merely align industry practice with 
the regulatory framework and eliminate any possible confusion on the 
appropriate application of this section.
---------------------------------------------------------------------------

    \213\ In support of this proposal, the FAA also conducted a 
search of the NTSB database to ascertain whether accidents or 
incidents resulted from this lower safety standard. At present, 
there are no accidents or incidents reported. The FAA finds that 
this conclusion may be the result of rotorcraft instructors already 
satisfying the ATP aeronautical experience requirements.
---------------------------------------------------------------------------

    The FAA maintains that this amendment is consistent with the 
technological advancements in rotorcraft over the last two decades 
since promulgation of the 1996 final rule. For example, since the final 
rule's publication, rotorcraft have entered the market with ten or more 
seats. These larger aircraft, carrying significantly more passengers 
than was contemplated in the 1996 final rule, include complex 
operational characteristics necessitating a correspondingly higher 
experience threshold for instruction. Not only have technology and 
engineering advancements aided in the development of increasingly 
complex helicopters, but industry has also recognized a substantial 
increase in helicopter operations. These developments have subsequently 
required the development and implementation of helicopter simulators 
for use in part 142 training centers to meet part 135 training program 
requirements.
    For each of these reasons, the FAA proposes to permanently amend 
Sec.  142.47(a)(5)(ii) to reference ``aircraft'' rather than 
``airplane.'' In this regard, the FAA proposes to impose identical 
standards for powered-lift and rotorcraft training center instructors 
as those required for airplanes. As noted, most existing rotorcraft 
training center instructors already meet the aeronautical experience 
requirements of Sec.  142.47(a)(5)(ii) for rotorcraft that require type 
ratings. However, to facilitate integration of this regulatory change 
while not disrupting current practice for those instructors who may

[[Page 38997]]

not currently satisfy this standard, the FAA proposes to except 
instructors that are currently instructing in an FSTD that represent a 
rotorcraft requiring a type rating from this proposed requirement.
    In addition to excepting current instructors from the ATP 
aeronautical experience requirements for FSTDs that represent a 
rotorcraft requiring a type rating, the FAA also notes the availability 
of deviation authority in Sec.  142.9 for both powered-lift and 
rotorcraft instructors. Initially, the FAA does not anticipate that 
powered-lift pilots will be able to satisfy the aeronautical experience 
requirements for an ATP certificate. For this initial cadre of powered-
lift pilots, Sec.  142.9 may provide an avenue for relief from the ATP 
experience requirements of Sec.  142.47(a)(5)(ii) if the FAA determines 
that it would not adversely affect the quality of instruction or 
evaluation.
    In particular, a request for deviation requires a detailed 
description of the proposed alternative plan that enables the 
certificate holder to achieve the same level of safety as that mandated 
by the regulation.\214\ After the certificate holder submits its 
request for deviation authority, the FAA may consider the level of 
safety purportedly achieved by the request, the proposed revisions to 
the training center's operating procedures and Quality Management 
Systems, and any accompanying justification, procedures, or policies 
that the training center proffers in support of its request for relief. 
After conducting this review, the FAA may grant the certificate holder 
deviation from compliance with the proposed requirements in Sec.  
142.47(a)(5)(ii). As powered-lift pilots acquire additional 
aeronautical experience, the FAA anticipates that fewer certificate 
holders will need to utilize the deviation authority available under 
this section to request relief from Sec.  142.47(a)(5)(ii).
---------------------------------------------------------------------------

    \214\ FAA Order 8900.1, Vol. 3, Ch. 54, Sec. 4.
---------------------------------------------------------------------------

G. Practical Tests

1. Practical Test Equipment and Waiver Authority
    Section 61.43 provides the general procedures for a practical test 
\215\ for an applicant to receive a certificate or rating. 
Specifically, Sec.  61.43(a)(1) currently requires that the completion 
of a practical test for a certificate or rating include the performance 
of the tasks specified in the areas of operation for the airman 
certificate or rating sought. These tasks are set forth in either a 
Practical Test Standard (PTS) or ACS for the appropriate certificate or 
rating that the applicant is seeking. The FAA currently has an ongoing 
rulemaking project that proposes to amend Sec.  61.43(a)(1) to 
incorporate by reference (IBR) the PTSs and ACSs.\216\ The NPRM for the 
ACS/PTS rulemaking was published on December 12, 2022,\217\ and 
proposed to revise Sec.  61.43(a)(1) to delineate successful completion 
of the practical test as performing the tasks specified in the areas of 
operation contained in the applicable ACS or PTS. In light of the 
transition from PTS to ACS,\218\ as discussed in that NPRM, the FAA has 
drafted ACSs for powered-lift practical tests. Specifically, the FAA 
proposed to IBR six newly drafted powered-lift ACSs into part 61: (1) 
ATP and Type Rating for Powered-Lift Category, (2) Commercial Pilot for 
Powered-Lift Category, (3) Private Pilot for Powered-Lift Category, (4) 
Instrument Rating--Powered-Lift,\219\ (5) Flight Instructor for 
Powered-Lift Category, and (6) Flight Instructor Instrument for 
Powered-Lift Category.\220\ The six powered-lift ACSs specify the tasks 
within the given areas of operation that must be accomplished for 
purposes of receiving a powered-lift category rating, type rating, and/
or instrument rating.
---------------------------------------------------------------------------

    \215\ A practical test means a test on the areas of operation 
for an airman certificate, rating, or authorization that is 
conducted by having the applicant respond to questions and 
demonstrate maneuvers in flight, in a flight simulator, or in an 
FTD. 14 CFR 61.1.
    \216\ IBR allows Federal agencies to comply with the requirement 
to publish rules in the Federal Register and the Code of Federal 
Regulations (CFR) by referring to material already published 
elsewhere. IBR Handbook, Office of the Federal Register, July 2018.
    \217\ Airman Certification Standards and Practical Test 
Standards for Airmen; Incorporation by Reference, NPRM, 87 FR 75955 
(Dec. 12, 2022).
    \218\ The FAA began to establish the ACSs in 2011 to enhance the 
testing standard for the knowledge and practical tests in 
collaboration with the aviation industry. The goal in creating the 
ACS was to drive a systematic approach to the airman certification 
process, including knowledge test question development and the 
conduct of the practical test. In cooperation with the ACS Working 
Group, established through the Aviation Rulemaking Advisory 
Committee (ARAC), the FAA integrated ``aeronautical knowledge'' and 
``risk management'' elements into the existing areas of operations 
and tasks set forth in the PTS. Therefore, the ACS is a 
comprehensive presentation integrating the standards for what an 
applicant must know, consider, and do to demonstrate proficiency to 
pass the tests required for issuance of the applicable airman 
certificate or rating.
    \219\ Currently, the FAA has one powered-lift PTS, Instrument 
Rating Practical Test Standards for Airplane, Helicopter, and 
Powered-Lift, available on the FAA website at https://www.faa.gov/training_testing/testing/test_standards. The powered-lift portion of 
the PTS was utilized in drafting the Instrument Rating--Powered-Lift 
ACS.
    \220\ The six draft ACSs may be found in the docket for the ACS 
IBR NPRM: FAA-2022-1463., which is docket FAA-2022-1463.
---------------------------------------------------------------------------

    While Sec.  61.43 sets forth the general procedures for the 
practical test, including directing compliance with the powered-lift 
ACSs in administering testing, the requirements for the aircraft and 
equipment utilized by an applicant during the flight increment of the 
practical test for a certificate and/or rating are found in Sec.  
61.45. Specifically, Sec.  61.45(b) stipulates the equipment, other 
than controls, required of an aircraft used on the practical test and 
allows the use of an aircraft with operating characteristics that 
preclude the applicant from performing all the tasks for the practical 
test.\221\ However, when an applicant for a certificate or rating is 
unable to perform a required task due to aircraft capabilities, an 
appropriate limitation is placed on the applicant's certificate or 
rating. This limitation ensures the pilot cannot act as PIC of an 
aircraft that has capabilities that are inconsistent with the 
limitation on the pilot's certificate until the pilot satisfactorily 
demonstrates the task they have not performed.
---------------------------------------------------------------------------

    \221\ 14 CFR 61.45(b)(2).
---------------------------------------------------------------------------

    For example, this situation arises when an applicant is taking a 
practical test in the Cessna 336 or 337 (C-336/337) series airplanes to 
add an airplane multiengine land rating onto a commercial pilot 
certificate for which an applicant holds an airplane single engine land 
rating. The C-336/337 series do not have a published minimum control 
speed with the critical engine inoperative (VMC). Thus, an 
applicant would not be able to perform the VMC demonstration 
task required by an airplane ACS \222\ if a C-336/337 series airplane 
was used to take the practical test. Therefore, an applicant who 
successfully completed the practical test in a C-336/337 series 
airplane would receive a certificate with an appropriate limitation 
(i.e., Limited to Center Thrust limitation). A pilot may remove this 
limitation by completing a practical test in an aircraft that is 
capable of performing the task(s). For example, in the above scenario, 
a pilot who completes a commercial pilot practical test in a 
multiengine airplane with a published VMC (i.e., performs 
the tasks that were not formerly performed) would have the limitation 
removed.
---------------------------------------------------------------------------

    \222\ For example, VMC demonstration is Task B in 
Area of Operation X, Multiengine Operations, in the Private Pilot 
for Airplane Category ACS.
---------------------------------------------------------------------------

    As discussed in section V.A of this preamble, the FAA is proposing 
to require that all pilots seeking to act as PIC of a powered-lift hold 
a type rating on their pilot certificate for the type of powered-lift 
they intend to operate. This proposal would require the successful

[[Page 38998]]

completion of a practical test for the type rating sought. Through the 
aircraft type certification and evaluation processes, the FAA 
recognizes that because there may be differing powered-lift aircraft 
produced, it is possible certain powered-lift might be precluded from 
accomplishing certain tasks due to the powered-lift's design (e.g., 
stalls) that are required by the appropriate ACS. Traditionally, as 
discussed, this would result in the appropriate limitation on a pilot's 
certificate.\223\ However, due to the proposed type rating requirement, 
any limitation issued pursuant to Sec.  61.45(b) to a pilot operating a 
powered-lift as PIC would be unnecessary because the pilot would not be 
able to perform the maneuver for which the limitation would apply in 
the aircraft for which they hold the type rating. Further, a person 
could not act as PIC of a different powered-lift type that may exhibit 
the limited characteristic without testing in that type of powered-lift 
first, which would thereby require the pilot to be tested on the 
specific task or maneuver that was omitted during the prior practical 
test if the powered-lift for the additional type rating is able to 
perform that task or maneuver.
---------------------------------------------------------------------------

    \223\ 14 CFR 61.45(b)(2).
---------------------------------------------------------------------------

    For example, if type A powered-lift could not perform a stall, but 
type B powered-lift could, then a pilot seeking a type rating in type A 
would not be tested on stalls but would not receive a limitation on the 
type rating for type A. The absence of a limitation would not present a 
safety concern if the pilot wished to act as PIC of type B powered-lift 
because the pilot would need to take a practical test for a type rating 
in type B powered-lift, which would include the previously omitted 
evaluation on stalls. By proposing to require a type rating for each 
type of powered-lift, the type rating itself contains the limitation 
contemplated in Sec.  61.45(b)(2) for an aircraft not able to perform 
all tasks in the ACS. Therefore, proposed Sec.  194.207(a) would permit 
an applicant to use a powered-lift that is precluded from performing 
all of the tasks required for the practical test without receiving a 
limitation on the applicant's certificate or rating.\224\
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    \224\ If an applicant for a flight instructor certificate with a 
powered-lift category rating brings a powered-lift to the practical 
test that is incapable of performing a task required for the 
practical test, an examiner may waive the task in accordance with 
waiver authority provided by the FAA. Upon passing the practical 
test, the flight instructor would be qualified to provide 
instruction in a powered-lift that is capable of performing the task 
that was waived on the test. The FAA considered restricting a flight 
instructor from providing instruction in a powered-lift that is 
capable of performing a task for which the flight instructor has not 
demonstrated instructional ability. However, to provide training in 
a powered-lift, the flight instructor would be required to hold a 
type rating for the powered-lift on their pilot certificate. 14 CFR 
61.195(e). The FAA has determined that the flight instructor would 
be qualified to provide training in the powered-lift based on their 
demonstration of instructional ability on the flight instructor 
practical test and their demonstration of pilot skills in the 
powered-lift on the type rating practical test. However, as the FAA 
gains more knowledge about tasks that certain powered-lift may be 
incapable of performing, the FAA may reconsider whether a limitation 
on the flight instructor certificate is necessary.
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    Because there are currently no type-certificated powered-lift, the 
FAA does not have the requisite information at this time to determine 
which tasks might be deemed prohibited or unsafe by the aircraft 
certification and evaluation processes to delineate such tasks in this 
proposed SFAR or the draft powered-lift ACSs. In fact, there may be no 
such tasks that emerge. The FAA will identify this information through 
the type certification process, as well as FSBs. FSBs are established 
when the responsible FAA Aircraft Certification office issues a Type 
Certificate for large aircraft, turbojet-powered airplanes, and other 
aircraft specified by the Administrator through the aircraft 
certification process. Powered-lift types will be evaluated under the 
existing FSB process, which will determine the requirements for a pilot 
type rating, develop training objectives for the type rating, and 
conduct initial training for the manufacturer's pilots and FAA 
inspectors.
    The FSB is composed of pilot candidates who have varied backgrounds 
conducting airman testing, evaluating training programs, and reviewing 
operator manuals. FAA pilots (e.g., FAA flight test pilots, Aircraft 
Evaluation operations inspectors, FSDO operations inspectors) attend 
the manufacturer's proposed training program as test subjects and, upon 
completion, are administered the type rating test, in accordance with 
the applicable part 61 regulations. The FAA determines the appropriate 
type rating designation, the adequacy of proposed training and checking 
requirements, and determination of airman competency. Additionally, the 
manufacturer, Aircraft Certification Office, and FAA test pilots 
validate those tasks applicable to each powered-lift and provide their 
analysis to the members of the FSB. An assigned FSB member collates the 
findings into a Flight Standardization Board Report (FSBR). Based off 
of these determinations, in conjunction with the FAA's determinations 
of the adequacy of training, the FSBR will identify those tasks that 
are applicable to the specific type of powered-lift to inform examiners 
\225\ conducting a practical test.\226\ A multitude of industry 
stakeholders use these reports to inform their training programs and 
POI use the FSBR as a reference when approving operator training, 
checking, and currency programs.
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    \225\ ASIs and authorized designees administer practical tests 
for applicants seeking airman certificates and ratings, including 
conducting evaluations, testing, certification, and the issuance of 
ratings in accordance with part 61. While ASIs are employees of the 
FAA, designees are non-employees to whom the Administrator may 
delegate a matter related to the examination, testing, and 
inspection necessary to issue a certificate. See 49 U.S.C. 44702(d). 
Designee authority is established under 14 CFR part 183, and the 
general qualifications for each authorization are set forth in FAA 
Order 8000.95, as amended. Pilot designees include DPEs under part 
61, TCEs under part 142, and APDs under parts 121 and 135.
    \226\ While the FAA has drafted powered-lift ACSs with input and 
expertise from industry and working groups, the FAA is uncertain if 
discrete additional tasks will be required for certain powered-lift 
type ratings based on the powered-lift's unique characteristics. 
Should the FSBR and type certification process reveal any additional 
tasks that are not accounted for the in the ACS but are essential to 
the operation of the specific type of powered-lift, the FAA may set 
forth these tasks in a type-specific appendix to the ACS, which 
would be incorporated by reference in accordance with the 
Administrative Procedure Act.
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    As discussed, during the type certification and evaluation process, 
operational limitations of the powered-lift would be identified. The 
FSBR would subsequently ascertain what tasks in the ACS are 
inapplicable to the specific type of powered-lift. To account for the 
potential need to deviate from ACS tasks that cannot be performed, the 
FAA proposes in Sec.  194.207(b) to temporarily delegate waiver 
authority to the pilot examiner conducting the practical test. This 
waiver authority would not be unfettered or at the examiner's 
discretion; rather, the waived tasks would be set forth on a designee's 
Certificate and Letter of Authority (CLOA) \227\ specific to each type 
of powered-lift in which the designee is authorized to conduct 
practical tests. Specifically, the CLOA will identify the type of 
powered-lift in which the examiner is authorized to conduct a practical 
test and the specific

[[Page 38999]]

tasks that the examiner is authorized to waive for the practical test, 
which will be set forth in the limitations section of the CLOA.
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    \227\ As new powered-lift are integrated into the market, the 
FAA anticipates the need for designees and ASIs to administer 
practical tests to pilot applicants. To serve as a designee for 
airman testing and certification, an individual must be 
appropriately qualified and rated in the aircraft type and be 
authorized through a CLOA. The CLOA provides a description of the 
designee's authorities, limitations, and associated expiration. See 
FAA Order 8000.95B, vol. 3, chapt. 5, para. (2)(d). The FAA will 
continue to identify and designate persons who are qualified 
consistent with the current policy for other categories of aircraft. 
As employees of the FAA, an ASI's discretion to waive tasks during a 
practical test is established in FAA Orders.
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    In addition to the requirement to be tested on the tasks specified 
in the areas of operation for the airman certificate and rating 
sought,\228\ the FAA's regulations require an applicant for a 
certificate or rating to receive and log flight training on the 
applicable areas of operation that apply to the aircraft category and 
class rating sought.\229\ If the FAA authorizes an examiner to waive a 
specific task during the practical test because the powered-lift is 
incapable of performing the task, the FAA finds that the applicant 
should also be relieved from the requirement to receive flight training 
on that task. Therefore, in proposed Sec.  194.207(c), the FAA proposes 
to relieve an applicant for a private pilot certificate or commercial 
pilot certificate with a powered-lift category rating concurrently with 
a powered-lift type rating from the requirement to receive flight 
training on a task specified in an area of operation if the powered-
lift is not capable of performing the task, provided the FAA has issued 
waiver authority for the task in accordance with the SFAR. The same 
reasons that support waiving the task on the practical test, which were 
previously discussed, also apply to relieving the applicant from the 
requirement to receive flight training on the task. For those reasons, 
the FAA finds that this proposed provision would not adversely affect 
safety.
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    \228\ 14 CFR 61.43(a)(1).
    \229\ 14 CFR 61.107(a), 61.127(a). Section 61.157(b) requires 
that a person who applies for an aircraft type rating added to an 
ATP certificate or applies for a type rating to be concurrently 
completed with an ATP certificate requires flight training from an 
authorized instructor on the areas of operation that apply to the 
aircraft type rating; the FAA does not find that additional relief 
is needed from Sec.  61.157(b) since the tasks would be not be 
applicable to the given aircraft type by existing regulation.
---------------------------------------------------------------------------

    Because the areas of operation listed for issuance of a commercial 
pilot certificate with a powered-lift category rating in accordance 
with part 61 mirror those required as certain appendixes that set forth 
minimum curriculum content, the FAA proposes to extend this same 
flexibility to part 141 pilot schools seeking approval of a powered-
lift course. Therefore, the FAA proposes in Sec.  194.239(a) to allow a 
part 141 pilot school seeking approval of a course in a powered-lift 
resulting in a private or commercial pilot certificate to waive 
training on a task specified in an area of operation if the powered-
lift to be used in the course is not capable of performing the task and 
the FAA has issued waiver authority for that task in accordance with 
Sec.  194.207(b).
    While the FAA determined that there is no need to issue a 
limitation pursuant to Sec.  61.45(b) due to the type rating 
requirement proposed in the SFAR, as discussed above, the FAA 
recognizes that the ability for an examiner to waive a task on a 
practical test for a powered-lift category rating creates a unique 
situation for persons who may seek to act as SIC in accordance with 
Sec.  61.55. As discussed in section V.C of this preamble, a person 
seeking to act as SIC of a powered-lift type-certificated for more than 
one required pilot flightcrew member or in operations requiring an SIC 
pilot flightcrew member would not be required to hold a type rating. 
Rather, pursuant to Sec.  61.55(a), the person would be required to 
hold at least a private pilot certificate with the appropriate category 
and class rating.
    In the case of powered-lift, the initial pool of pilots obtaining 
powered-lift ratings would obtain a commercial pilot certificate with a 
powered-lift category rating and a type rating. The FAA expects certain 
persons from this initial pool of commercial pilots to obtain powered-
lift category ratings on their flight instructor certificates, thereby 
enabling these persons to eventually provide flight training to 
students seeking private pilot certificates with powered-lift category 
ratings. If a pilot passes the practical test for a private or 
commercial pilot certificate with a powered-lift category rating in a 
powered-lift that was precluded from conducting certain tasks that are 
required by the applicable powered-lift category ACS, the examiner 
would waive those tasks on the practical test as previously discussed.
    For the reasons explained previously, this would not cause a safety 
concern because the pilot would have to test for the new powered-lift 
type rating before acting as PIC. However, because the powered-lift 
category rating on the private or commercial pilot certificate enables 
the person to serve as SIC of another powered-lift type in accordance 
with Sec.  61.55, there could be safety implications should the person 
seek to serve as SIC of a powered-lift that is capable of performing 
tasks for which the person was never trained and tested. As explained 
in section V.C of this preamble, the FAA finds that the current SIC 
qualification requirements set forth in Sec.  61.55 are sufficient for 
pilots seeking to act as SIC of a powered-lift, provided those pilots 
satisfactorily complete a practical test on each task required by Sec.  
61.43(a)(1) (i.e., the tasks specified in the areas of operation 
contained in the applicable Powered-Lift Category ACS).
    To the extent a pilot completes a practical test in a powered-lift 
that was precluded from performing each task required by Sec.  
61.43(a)(1), the FAA is proposing in Sec.  194.209(a) to prohibit that 
pilot from serving as SIC of a powered-lift that is capable of 
performing the tasks that were waived on the person's practical test 
until certain requirements are met. Specifically, the FAA is proposing 
to require the person to receive and log ground and flight training 
from an authorized instructor on the specific tasks that were waived. 
Additionally, the FAA is proposing to require the person to receive a 
logbook or training record endorsement from the authorized instructor 
certifying that the person has satisfactorily demonstrated proficiency 
in those tasks.
    These requirements would ensure the person has received training on 
the specific tasks for which the person was not previously trained or 
tested. Additionally, these proposed requirements would ensure the 
person has demonstrated the ability to successfully perform the tasks 
to an authorized instructor prior to serving as SIC of the powered-
lift. In determining whether a pilot has demonstrated proficiency of a 
task, the FAA recommends the authorized instructor use the appropriate 
ACS, which specifies the approved standards for the specific task. For 
the same reasons discussed in section V.C of this preamble concerning 
the role of a PIC, the FAA finds that these additional requirements 
combined with the SIC qualification requirements prescribed in Sec.  
61.55 would ensure the person seeking to serve as SIC of a powered-lift 
is qualified to do so.
    The FAA recognizes that a person employed by a fractional ownership 
program as set forth in subpart K of part 91 or a person employed by a 
certificate holder authorized to conduct operations under part 135 may 
receive training and a competency check in a powered-lift that includes 
the tasks that were waived on the person's practical test for a 
commercial pilot certificate with a powered-lift category rating. In 
accordance with Sec.  135.323, a part 135 air carrier or operator is 
required to establish and implement an approved training program that 
ensures each pilot is adequately trained to perform their assigned 
duties. Therefore, to act as SIC of a powered-lift under part 135, a 
person would be required to receive ground and flight training in the 
type of powered-lift to ensure the person is adequately trained to 
perform the duties

[[Page 39000]]

of SIC. Additionally, all part 135 pilots are required to complete a 
Sec.  135.293 competency check every 12 calendar months. Similarly, 
under part 91 subpart K, Sec.  91.1073 requires each program manager to 
establish and implement an approved training program that ensures each 
crewmember is adequately trained to perform their assigned duties, and 
Sec.  91.1065 requires each pilot to pass a competency check every 12 
calendar months. A situation could arise where a person receives 
training on the task that was previously waived on the person's 
practical test and a competency check that includes the task.
    For persons that receive such training and checking under part 135 
or subpart K of part 91, it would be redundant to require the person to 
also receive training and an endorsement under part 61. The FAA is 
therefore proposing in Sec.  194.209(b)(2) an exception to the training 
and endorsement requirements for those pilots who have received ground 
and flight training under an approved training program and have 
satisfactorily completed a competency check under Sec.  135.293 or 
Sec.  91.1065 in a powered-lift, provided the approved training program 
and competency check include each task that was previously waived on 
the person's practical test.\230\
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    \230\ This proposed exception is consistent with that in Sec.  
61.31(e)(2)(ii) and (f)(2)(ii) for complex and high-performance 
airplanes.
---------------------------------------------------------------------------

    Furthermore, the FAA recognizes that certain powered-lift pilots 
may seek to obtain additional type ratings on their pilot certificate. 
Under proposed Sec.  194.209(b)(1), a person seeking an additional type 
rating may forgo the training and endorsement requirements described 
above if that person subsequently passes a practical test for a type 
rating in a powered-lift that is capable of performing all the tasks 
specified in the ATP and Type Rating for Powered-Lift Category ACS. The 
type rating practical test would be required to include each task 
required by Sec.  61.43(a)(1) (i.e., the tasks specified in the areas 
of operation contained in the ATP and Type Rating for Powered-Lift 
Category ACS \231\).
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    \231\ Airman Certification Standards and Practical Test 
Standards for Airmen; Incorporation by Reference NPRM, 87 FR 75955 
(Dec. 12, 2022).
---------------------------------------------------------------------------

    The FAA proposes to adopt these requirements in the SFAR because 
they are temporary in nature and are intended to enable the FAA to 
ensure an appropriate level of safety while acquiring additional 
information concerning powered-lift, including any unique operating 
characteristics that may preclude certain powered-lift from performing 
each task specified in the applicable Powered-Lift Category ACS. The 
FAA is, however, proposing to permanently amend Sec.  61.55(a) to 
cross-reference the additional training and endorsement requirements 
proposed in Sec.  194.209(a) by adding new Sec.  61.55(a)(4). This 
amendment is intended only to ensure that all persons seeking to act as 
SIC of a powered-lift pursuant to Sec.  61.55 are aware of the new 
temporary requirements and the situation under which they would 
apply.\232\
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    \232\ The FAA notes that the proposed addition of Sec.  
61.55(a)(4) would be temporary in nature because it would be 
obsolete upon the expiration date set forth in proposed Sec.  
194.107. When the SFAR expires, the FAA would remove the proposed 
provision in Sec.  61.55(a)(4) concurrently with the temporary 
provisions of part 194.
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2. Permit Applicants To Take a Powered-Lift Type Rating Practical Test 
Without Concurrently Obtaining an Instrument-Powered-Lift Rating (Sec.  
61.63(d))
    Section 61.63(d) contains the eligibility requirements for a person 
seeking an aircraft type rating. Currently, Sec.  61.63(d)(1) requires 
an applicant for an aircraft type rating or an aircraft type rating to 
be completed concurrently with an aircraft category rating to hold or 
concurrently obtain an appropriate instrument rating, except as 
provided in Sec.  61.63(e). Additionally, Sec.  61.63(d)(4) requires 
the applicant to perform the type rating practical test in actual or 
simulated instrument conditions, except as provided in Sec.  61.63(e). 
Under Sec.  61.63(e), an applicant who provides an aircraft that is not 
capable of the instrument maneuvers and procedures required on the 
practical test may apply for the type rating or a type rating in 
addition to the category rating, but the type rating will be limited to 
``VFR only.''
    For an applicant seeking a type rating in a powered-lift capable of 
instrument maneuvers and procedures, the FAA has determined that there 
are two circumstances under which the applicant should not be required 
to hold or concurrently obtain an appropriate instrument rating.\233\ 
These two circumstances are discussed in detail in the following 
subsections.
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    \233\ Proposed Sec.  194.211(b) and (c) address the two 
circumstances discussed in this preamble section. To avoid confusion 
with the current ``VFR only'' provisions codified in Sec.  61.63(e), 
which apply only to aircraft not capable of instrument maneuvers and 
procedures, the FAA is proposing an applicability provision in Sec.  
194.211(a) to make clear that the temporary provisions in paragraphs 
(b) and (c) apply only to persons seeking a type rating in a 
powered-lift that is capable of performing instrument maneuvers and 
procedures.
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i. Applicants for an Initial Powered-Lift Type Rating To Be Obtained 
Concurrently With a Powered-Lift Category Rating
    Because the FAA is proposing that all powered-lift would require 
type ratings, the FAA's current regulations would require an applicant 
for a powered-lift type rating to take three practical tests 
concurrently: the practical tests for (1) a powered-lift type rating, 
(2) powered-lift category rating, and (3) an instrument-powered-lift 
rating.\234\ To serve as PIC of a powered-lift, a person would be 
required to hold both a powered-lift category rating and a powered-lift 
type rating pursuant to Sec.  61.31(d).\235\ If a person does not yet 
hold a powered-lift category rating on their pilot certificate through 
military competency, they would be required to apply for a powered-lift 
type rating concurrently with a powered-lift category rating pursuant 
to Sec.  61.63(d).\236\ Additionally, Sec.  61.63(d)(1) requires an 
applicant for a type rating to either hold or concurrently obtain an 
appropriate instrument rating. The only pilots who hold commercial 
pilot certificates with powered-lift category ratings and instrument-
powered-lift ratings are military pilots who qualified for the ratings 
pursuant to Sec.  61.73 based on their military pilot qualifications. 
All other pilots would be required to apply for a powered-lift type 
rating concurrently with a powered-lift category rating and instrument-
powered-lift rating. Therefore, to obtain all three ratings, the 
applicant would be required to satisfactorily complete three practical 
tests concurrently.\237\
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    \234\ As discussed in more detail, if an applicant seeks a type 
rating in a powered-lift that is not capable of performing 
instrument maneuvers and procedures, that applicant would not be 
required to take three practical tests concurrently because the 
exception to Sec.  61.63(d)(1) and (4), which is contained in Sec.  
61.63(e), would apply.
    \235\ Section 61.31(d) prescribes that, to serve as PIC of an 
aircraft, a person must hold the appropriate category, class, and 
type rating (if a class or type rating is required) for the aircraft 
to be flown.
    \236\ As discussed in more detail later in this section, the FAA 
is proposing to revise Sec. Sec.  61.45 and 61.64 to clarify its 
position that a person may not take a practical test in an aircraft 
that requires a type rating without obtaining a type rating.
    \237\ Ratings are placed on a pilot certificate (other than 
student pilot) when an applicant satisfactorily accomplishes the 
training and certification requirements for the rating sought. 14 
CFR 61.5. To obtain an aircraft type rating, an applicant must pass 
the practical test for the type rating at the ATP certification 
level. 14 CFR 61.63(d)(3). To obtain a powered-lift category rating 
on a commercial pilot certificate, the applicant must pass the 
practical test on the areas of operation listed in Sec.  61.127(b) 
that apply to the powered-lift category rating sought. 14 CFR 
61.63(b); 61.123(g). To obtain an instrument-powered-lift rating, 
the applicant must pass a practical test on the areas of operation 
in Sec.  61.65(c).

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[[Page 39001]]

    Under FAA regulations, a person seeking an airplane or helicopter 
type rating has the flexibility to take the type rating practical test 
independent of the other practical tests. For example, an applicant for 
an airplane or helicopter type rating may obtain an instrument-airplane 
or instrument-helicopter rating in an airplane or helicopter for which 
a type rating is not required prior to applying for a type rating in an 
airplane or helicopter. As a result, an applicant for an airplane or 
helicopter type rating is not required to take a type rating practical 
test concurrently with an instrument rating practical test. Similarly, 
because there are airplanes and helicopters for which a type rating is 
not required, an applicant for an airplane or helicopter type rating 
may obtain the appropriate category and class ratings on their pilot 
certificate prior to taking the type rating practical test.\238\ Thus, 
an applicant for an airplane or helicopter type rating is not required 
to take the type rating practical test concurrently with the practical 
test for an aircraft category or class rating.
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    \238\ To act as PIC of an airplane that requires a type rating, 
the pilot must hold an airplane category rating with the appropriate 
class rating on their pilot certificate. Similarly, to act as PIC of 
a helicopter that requires a type rating, the pilot must hold a 
rotorcraft category and helicopter class rating on their pilot 
certificate. 14 CFR 61.31(d).
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    If the FAA requires the PIC to hold a type rating for each type of 
powered-lift, as proposed, there would be no powered-lift for which a 
type rating is not required. As a result, the current regulations would 
preclude a pilot from obtaining a powered-lift category rating or an 
instrument-powered-lift rating prior to applying for their initial 
powered-lift type rating practical test. Requiring applicants for an 
initial powered-lift type rating to take three practical tests 
concurrently would be both burdensome and inconsistent with the 
flexibility that the regulations currently provide to applicants for 
airplane and helicopter type ratings. Pursuant to Sec.  61.31(d), a 
person may not act as PIC of a powered-lift unless that person obtains 
both a powered-lift type rating and a powered-lift category rating on 
their pilot certificate. The FAA therefore is not proposing any change 
that would allow an applicant to apply for their initial powered-lift 
type rating without concurrently obtaining a powered-lift category 
rating. The FAA is proposing in Sec.  194.211(b)(1) to enable an 
applicant to take the instrument-powered-lift rating independent from 
the practical tests for the powered-lift category and type ratings. The 
FAA has concluded that this temporary allowance as proposed would not 
adversely affect safety.
    Currently, Sec.  61.63(e) contains an exception to the requirement, 
in Sec.  61.63(d)(1), for a type-rating applicant to hold or 
concurrently obtain an appropriate instrument rating. Under Sec.  
61.63(e), an applicant for a type rating who provides an aircraft that 
is not capable of the instrument maneuvers and procedures required on 
the practical test may receive a type rating upon completion of the 
practical test with a ``VFR only'' limitation. The applicant may have 
the ``VFR only'' limitation removed for that aircraft type by: (1) 
passing a practical test in that type of aircraft in actual or 
simulated instrument conditions; (2) passing a practical test in that 
type of aircraft on the appropriate instrument maneuvers and procedures 
in Sec.  61.157; or (3) becoming qualified under Sec.  61.73(d) for 
that type of aircraft. Additionally, Sec.  61.63(e)(2) states that when 
an instrument rating is issued to a person who holds one or more type 
ratings, the amended pilot certificate must bear the ``VFR only'' 
limitation for each aircraft type rating that the person did not 
demonstrate instrument competency.
    The FAA is not proposing to amend Sec.  61.63(e). Therefore, if a 
powered-lift is not capable of performing instrument maneuvers and 
procedures, an applicant for a type rating in that powered-lift may 
obtain a ``VFR only'' limitation in accordance with Sec.  61.63(e). The 
FAA finds, however, that powered-lift that are capable of instrument 
maneuvers and procedures would present a situation that differs from 
other categories of aircraft because the FAA has not previously 
required a type rating for each type of aircraft that falls within a 
broad category of aircraft. To provide flexibility consistent with that 
provided to applicants for an airplane or helicopter type rating, the 
FAA is proposing Sec.  194.211(b), which would allow an applicant for a 
powered-lift type rating to take the type rating practical test 
independent of the practical test for the instrument-powered-lift 
rating. Regarding the type rating practical test, proposed Sec.  
194.211(b)(2) would also relieve an applicant from being tested on the 
areas of operation listed in Sec.  61.157(e) that consist of performing 
instrument maneuvers and procedures in actual or simulated instrument 
conditions. The FAA is proposing to leverage the regulatory framework 
that exists in Sec.  61.63(e), including the ``VFR only'' limitation, 
to implement the desired flexibility.
    Under proposed Sec.  194.211(b), an applicant for a powered-lift 
type rating in addition to a powered-lift category rating may apply for 
the type rating without holding or concurrently obtaining the 
appropriate instrument rating. Consistent with current Sec.  
61.63(d)(4) and (e), the applicant would not be required to perform the 
type rating practical test in actual or simulated instrument 
conditions. As stated in the draft ATP and Type Rating for the Powered-
Lift Category ACS, the applicant seeking a ``VFR only'' type rating 
would conduct tasks that are normally performed by reference to the 
instruments using visual references.\239\ Upon successfully completing 
the practical test for the type rating, the applicant would receive the 
powered-lift type rating with a ``VFR only'' limitation on their pilot 
certificate.
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    \239\ FAA-S-ACS-17, Appendix 1.
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    The aeronautical experience requirements for an instrument-powered-
lift rating require the applicant to receive 3 hours of instrument 
flight training from an authorized instructor in a powered-lift that is 
appropriate to the instrument-powered-lift rating within 2 calendar 
months before the date of the instrument rating practical test.\240\ 
The purpose of issuing the ``VFR only'' type rating to an applicant who 
is applying for a powered-lift type rating concurrently with a powered-
lift category rating is to enable the applicant to take the instrument 
rating practical test at a later date. Because the applicant will be 
eligible to apply for the instrument rating practical test at the time 
that they apply for the type rating and category rating practical 
tests, the applicant will have already obtained 3 hours of flight 
training in preparation for the instrument rating practical test within 
the 2 calendar months preceding the month of the practical tests for 
the type rating and category rating. The FAA therefore finds it 
reasonable to propose a requirement, as set forth in proposed Sec.  
194.211(b)(3), that would require the applicant to obtain the 
instrument-powered-lift rating and remove the ``VFR only'' limitation 
for the type rating within 2 calendar months from the month in which 
the applicant passes the type rating practical test. The FAA believes 
permitting persons to exercise the privileges of a ``VFR only'' 
powered-lift type rating for 2 calendar months would not adversely 
affect safety. While the powered-lift would be capable of performing 
instrument procedures and maneuvers, the ``VFR only'' limitation would 
restrict the pilot from operating the powered-lift under IFR. As a 
result, the pilot would be permitted to operate

[[Page 39002]]

the powered-lift only under the conditions for which the pilot 
demonstrated mastery of the powered-lift on the practical test.\241\ 
Furthermore, current Sec.  61.133(b)(1) serves as a sufficient 
safeguard to prevent any reduction in safety with respect to powered-
lift operations that would carry passengers for hire. Specifically, 
under Sec.  61.133(b)(1), a person who applies for a commercial pilot 
certificate with a powered-lift category rating would receive a 
limitation if that person does not hold an instrument-powered-lift 
rating. The limitation would prohibit the commercial pilot from 
carrying passengers for hire in powered-lift on cross-country flights 
in excess of 50 nautical miles or at night.
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    \240\ 14 CFR 61.65(f)(2)(i).
    \241\ 14 CFR 61.43(a)(2).
---------------------------------------------------------------------------

    To remove the ``VFR only'' limitation, pursuant to proposed Sec.  
194.211(b)(4), the pilot would be required to: (1) pass an instrument 
rating practical test in a powered-lift in actual or simulated 
conditions, and (2) pass a practical test in the powered-lift for which 
the ``VFR only'' limitation applies on the appropriate areas of 
operation listed in Sec.  61.157(e) that consist of performing 
instrument maneuvers and procedures in actual or simulated instrument 
conditions. The FAA recognizes that the conditions for removing a ``VFR 
only'' limitation from a powered-lift type rating would differ from the 
conditions that currently exist in Sec.  61.63(e)(1)(ii), which apply 
to the removal of a ``VFR only'' limitation from a type rating for an 
aircraft that was not capable of performing instrument maneuvers and 
procedures at the time of the type rating practical test.
    Because the intent of the proposal is to permit the applicant to 
complete the instrument rating practical test at a later date, the FAA 
is proposing to require the satisfactory completion of the instrument 
rating practical test as a condition of removing the ``VFR only'' 
limitation from the type rating. Additionally, because the applicant 
was not required to perform the appropriate instrument maneuvers and 
procedures for a type rating when they passed the practical test for a 
``VFR only'' type rating, the FAA is also proposing to require the 
satisfactory completion of the instrument portion of the type rating 
practical test as a condition of removing the ``VFR only'' limitation. 
After the FAA has had sufficient time to analyze the removal of a ``VFR 
only'' limitation pursuant to Sec.  61.63(e)(1)(ii), the FAA may 
contemplate future rulemaking to update the conditions specified 
therein.
    As previously stated, to remove the ``VFR only'' limitation for a 
powered-lift type rating, a person would be required to take two 
practical tests in actual or simulated instrument conditions: (1) the 
instrument rating practical test, and (2) the portion of the type 
rating practical test that includes performing instrument maneuvers and 
procedures in actual or simulated conditions. The draft Instrument 
Rating--Powered-Lift ACS specifies which tasks an applicant must 
satisfactorily perform for the issuance of an instrument rating in the 
powered-lift category. Similarly, the draft ATP and Type Rating 
Powered-Lift Category ACS specifies which areas of operation and tasks 
an applicant must satisfactorily perform on the type rating practical 
test to remove the ``VFR only'' limitation for a powered-lift type. 
Upon reviewing the proposed tasks required for each practical test, the 
FAA has determined that a person would encounter several overlapping 
tasks when taking the practical tests concurrently. The FAA has 
evaluated the standards for each of the overlapping tasks and has 
determined that it is unnecessary to require a person to perform the 
same task more than once, provided the task is performed to the highest 
standard set forth in the respective ACSs.
    For example, a person would be required to perform a circling 
approach procedure on both the instrument rating practical test and the 
type rating practical test. The draft Instrument Rating--Powered-Lift 
ACS requires the applicant to perform the procedures while maintaining 
airspeed +/-10 knots and desired heading/track +/- 10 degrees. The 
draft ATP or Type Rating Powered-Lift Category ACS also requires the 
applicant to perform the circling approach procedure, but to more 
exacting standards (i.e., maintain airspeed +/- 5 knots and desired 
heading/track +/- 5 degrees). If a pilot demonstrates their ability to 
perform the circling approach procedure to the more exacting standards 
specified in the draft ATP or Type Rating Powered-Lift Category ACS, 
the FAA finds it unnecessary to require that pilot to perform the same 
task a second time to the less stringent standards specified in the 
draft Instrument Rating--Powered-Lift ACS. Accordingly, when a task 
required for the instrument rating practical test overlaps with a task 
required for the type rating practical test, proposed Sec.  194.211(d) 
would permit a person to perform the task a single time provided the 
person performs the task to the highest standard required for the task.
    The proposed language in Sec.  194.211(b)(4) concerning the 
completion of the type rating practical test differs slightly from the 
language in Sec.  61.63(e)(1)(ii)(B). The FAA's proposed language is 
intended to clarify that the cross-reference to Sec.  61.157 refers to 
the areas of operation of which the practical test for a type rating is 
comprised. The areas of operation for a person seeking a powered-lift 
type rating are contained in Sec.  61.157(e).\242\ A person who holds a 
type rating with a ``VFR only'' limitation is required to pass the 
portion of the type rating practical test that includes the instrument 
maneuvers and procedures (e.g., the portion of the practical test that 
was not previously completed). Therefore, only certain areas of 
operation listed in Sec.  61.157(e) are appropriate. The draft ATP and 
Type Rating for Powered-Lift Category ACS specifies which areas of 
operation and which tasks must be completed for the removal of a ``VFR 
only'' limitation. Furthermore, the FAA notes that, pursuant to Sec.  
61.63(d)(4), the type rating practical test must be performed in actual 
or simulated instrument conditions. For consistency with current Sec.  
61.63(d)(4), proposed Sec.  194.211(b)(4)(ii) would make clear that the 
practical test required to remove the ``VFR Only'' limitation for a 
powered-lift type, which is a component of the powered-lift type rating 
practical test, must be completed in actual or simulated instrument 
conditions.\243\
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    \242\ Section 61.63(d)(3) requires a person who applies for an 
aircraft type rating or an aircraft type rating to be completed 
concurrently with an aircraft category or class rating to pass the 
practical test at the ATP certification level. Section 61.157(a)(1) 
states that the practical test for an ATP certificate is given for 
an aircraft type rating. The ATP practical test consists of the 
areas of operation listed in Sec.  61.157(e) that apply to the 
aircraft category and class rating sought. 14 CFR 61.153(h).
    \243\ See also 14 CFR 61.157(b)(3).
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    Pursuant to proposed Sec.  194.211(b)(5), if a person who obtains a 
powered-lift type rating with a ``VFR only'' limitation pursuant to 
Sec.  194.211(b)(1) does not remove the limitation within 2 calendar 
months from the month in which the person completed the type rating 
practical test, then the powered-lift type rating for which the ``VFR 
only'' limitation applies will become invalid for use until the person 
removes the limitation in accordance with Sec.  194.211(b)(4). Upon 
becoming ``invalid,'' a person may no longer exercise the privileges 
associated with the type rating and the ``VFR only'' limitation. For 
powered-lift that are not large aircraft or turbojet-powered, the FAA 
considered allowing a pilot after the two months had elapsed to 
continue to exercise private pilot privileges until the limitation 
could be removed and seeks comment on whether such relief would be 
appropriate.

[[Page 39003]]

    The FAA recognizes that, for aircraft that were not capable of 
instrument maneuvers and procedures at the time of the type rating 
practical test, Sec.  61.63(e)(1)(ii)(C) permits a person to remove the 
``VFR only'' limitation for the aircraft type by becoming qualified 
under Sec.  61.73(d) for that type of aircraft. Section 61.73(d) 
permits a person to obtain an instrument-powered-lift rating based on 
military pilot qualifications. A military powered-lift pilot seeking a 
powered-lift type rating may obtain their powered-lift category rating 
and instrument-powered-lift rating pursuant to the military competency 
provisions of Sec.  61.73 prior to applying for a powered-lift type 
rating practical test. As a result, these pilots would not encounter 
the obstacle of taking all three practical tests simultaneously. 
Because these pilots do not need the flexibility provided by the 
proposal, which would permit the instrument rating practical test to be 
completed at a later date, there are no circumstances under which these 
pilots would be issued a ``VFR only'' limitation under the SFAR.\244\ 
The FAA therefore finds it unnecessary to enable persons to remove the 
``VFR only'' limitation for a type of powered-lift by obtaining an 
instrument-powered-lift rating pursuant to Sec.  61.73(d).
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    \244\ These pilots could potentially receive a ``VFR only'' 
limitation for a powered-lift that is not capable of performing 
instrument maneuvers and procedures pursuant to current Sec.  
61.63(e).
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    The FAA emphasizes that the proposed rule would not amend Sec.  
61.63(d)(1). It would only add an option in the SFAR (i.e., part 194) 
for applicants to take the instrument rating practical test separate 
from the practical tests for a powered-lift type rating and a powered-
lift category rating. Thus, applicants for a powered-lift type rating 
would still have the option to take all three practical tests 
concurrently pursuant to Sec.  61.63(d)(1).
ii. Obtaining Powered-Lift Type Ratings With ``VFR only'' Limitations 
on a Private Pilot Certificate
    Under current Sec.  61.63(d)(1), a private pilot who applies for an 
airplane or helicopter type rating is required to hold or concurrently 
obtain an appropriate instrument rating. An airplane or helicopter, 
however, only requires a type rating if the aircraft is large or 
turbojet-powered. Thus, under the current regulations, a private pilot 
may obtain the appropriate category and class ratings to operate 
airplanes and helicopters that do not require a type rating under Sec.  
61.31(a) without ever obtaining an appropriate instrument rating.\245\
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    \245\ There are circumstances under which a private pilot would 
be required to hold an instrument rating. To act as PIC of a civil 
aircraft under IFR or in weather conditions less than the minimums 
prescribed for VFR flight, a person must hold the appropriate 
instrument rating on that person's pilot certificate. 14 CFR 
61.3(e)(1). Additionally, to act as SIC of an aircraft type 
certificated for more than one required pilot flightcrew member or 
in operations requiring a SIC pilot flightcrew member, a person must 
hold an instrument rating or privilege that applies to the aircraft 
being flown if the flight is conducted under IFR. 14 CFR 
61.55(a)(2).
---------------------------------------------------------------------------

    As discussed previously, the FAA's proposal would require a type 
rating for each type of powered-lift. As a result, the current 
requirement in Sec.  61.63(d)(1) to hold or concurrently obtain an 
instrument rating would apply to every person seeking to operate a 
powered-lift, including private pilots.
    Due to the FAA's inability to establish classes of powered-lift at 
this time, the underlying reasons for requiring a type rating for a 
powered-lift differ, in part, from the reasons for requiring a type 
rating for large aircraft and turbojet-powered airplanes. For example, 
as explained further in section V.A of this preamble, there is a lack 
of commonality between powered-lift, which makes it infeasible for the 
FAA to establish classes of powered-lift at this time. By requiring a 
type rating for each type of powered-lift, the FAA would ensure that 
persons are trained and tested on the unique design and operating 
characteristics of each powered-lift. If the FAA were able to establish 
classes of powered-lift, private pilots would be permitted to obtain 
powered-lift category and class ratings without concurrently obtaining 
an instrument rating, similar to what is currently permitted for 
airplanes and helicopters under part 61. These private pilots would be 
required to obtain an appropriate instrument rating only if the 
powered-lift required a type rating pursuant to the current 
requirements in Sec.  61.31(a) (e.g., large aircraft or turbojet-
powered).\246\
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    \246\ Currently, Sec.  61.31(a)(2) applies to turbojet-powered 
airplanes. However, in the future, if the FAA proposes an amendment 
to establish classes for powered-lift, it would also propose a 
corresponding amendment to Sec.  61.31(a)(2) to include turbojet-
powered powered-lift.
---------------------------------------------------------------------------

    The FAA recognizes that there may be private pilots who seek to 
operate a powered-lift under VFR without ever obtaining an instrument-
powered-lift rating. In light of the current regulatory framework for 
private pilots with airplane and helicopter ratings, the limited 
privileges associated with the private pilot certificate, and the 
underlying reasons for requiring type ratings for all powered-lift, the 
FAA is proposing in Sec.  194.211(b)(6) to except certain private 
pilots from the requirement to remove the ``VFR only'' limitation set 
forth in proposed Sec.  194.211(b)(3). Specifically, a private pilot 
who obtains a ``VFR only'' type rating for a powered-lift that is less 
than (or equal to) 12,500 pounds,\247\ maximum certificated takeoff 
weight, and not turbojet-powered would not be required to remove the 
``VFR only'' limitation within a certain timeframe.
---------------------------------------------------------------------------

    \247\ This aligns with the definition of large aircraft, 
provided in Sec.  1.1 as aircraft more than 12,500 pounds, maximum 
certificated takeoff weight.
---------------------------------------------------------------------------

    The FAA finds that this proposal would not adversely affect safety. 
The proposed exception for the aforementioned private pilots would 
result in an outcome consistent with airplane and helicopter pilots 
under current Sec.  61.63(d)(1), as a private pilot seeking a powered-
lift type rating would be required to hold or concurrently obtain an 
instrument-powered-lift rating only if the aircraft is large or 
turbojet-powered. This would enable private pilots seeking to operate a 
powered-lift under VFR only to obtain the required category and type 
ratings for the powered-lift without also obtaining the appropriate 
instrument rating. Additionally, a private pilot has limited privileges 
compared to a commercial pilot. Current Sec.  61.113(a), which sets 
forth private pilot privileges and limitations, serves as a sufficient 
safeguard to ensure an appropriate level of safety. Specifically, a 
person who holds a private pilot certificate is generally prohibited 
from acting as PIC of an aircraft that is operating for compensation or 
hire, or that is carrying passengers or property for compensation or 
hire.\248\ Therefore, a private pilot with a ``VFR only'' type rating 
would not be permitted to operate the powered-lift for compensation or 
hire or carry persons or property for compensation or hire.\249\
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    \248\ 14 CFR 61.113(a).
    \249\ Section 61.113(a) prohibits private pilots from acting as 
PIC for compensation or hire or from acting as PIC carrying persons 
or property for compensation or hire. Section 61.113(b) through (h) 
contain limited exceptions to these general prohibitions (e.g., 
expense-sharing with passengers).
---------------------------------------------------------------------------

    Furthermore, recognizing the reasons for requiring a type rating 
for each type of powered-lift, the FAA concludes that a private pilot 
who passes a ``VFR only'' type rating practical test would still be 
required to be trained and tested on the unique design and operating 
characteristics of each powered-lift. While the private pilot would not 
be required to perform the instrument maneuvers and procedures required 
for

[[Page 39004]]

a type rating on the practical test, the pilot would still be required 
to demonstrate mastery of the powered-lift on the type rating practical 
test while performing the required tasks using visual references. 
Additionally, because the private pilot would hold a ``VFR only'' 
limitation for the powered-lift type, the pilot would be authorized to 
operate the powered-lift only under the conditions for which the pilot 
demonstrated proficiency of the aircraft, meaning the pilot could not 
act as PIC under IFR or weather conditions less than the minimums for 
VFR.
    In addition to proposing an exception in proposed Sec.  
194.211(b)(6) that would enable private pilots of certain powered-lift 
to retain the ``VFR only'' type rating indefinitely, the FAA is 
proposing Sec.  194.211(c)(1), which would allow for these private 
pilots to obtain additional ``VFR only'' type ratings on their private 
pilot certificates, provided the powered-lift are not large or 
turbojet-powered. Consistent with current Sec.  61.63(d)(4) and (e) and 
proposed Sec.  194.211(b)(2), the applicant would not be required to 
perform the VFR only type rating practical test in actual or simulated 
instrument conditions.
    While the FAA is not proposing to require private pilots to remove 
``VFR only'' limitations when those limitations apply to powered-lift 
that are not large aircraft and not turbojet-powered, the FAA is 
proposing rule language that would provide these private pilots with 
the option to do so. A private pilot would remove the ``VFR only'' 
limitation in the same manner as discussed in this section (i.e., 
through proposed Sec.  194.211(b)(4)).
iii. Clarification of Requirements for a Practical Test in an Aircraft 
That Requires a Type Rating
    As previously discussed, the FAA is proposing relief to prevent a 
pilot seeking powered-lift ratings from having to complete three 
practical tests simultaneously. The proposed relief is consistent with 
the FAA's longstanding view that a person who uses an aircraft that 
requires a type rating for the practical test cannot complete the 
practical test if it does not include the tasks and maneuvers for the 
type rating (which are the same tasks and maneuvers required for an ATP 
certificate with category and class ratings). In essence, it is not 
possible to demonstrate mastery of the aircraft as required by Sec.  
61.43(a) in an aircraft that requires a type rating by performing the 
tasks and maneuvers for a category and class rating alone. As such, 
when an applicant furnishes an aircraft that requires a type rating (or 
an FSTD that represents an aircraft requiring a type rating) for a 
practical test, the applicant must meet the requirements for the type 
rating under Sec.  61.63(d) for a private pilot or commercial pilot 
certificate or Sec.  61.157(b) for an airline transport pilot 
certificate.\250\ The FAA notes that the Fifth Circuit recently 
concluded that FAA's regulations do not currently require an applicant 
furnishing an aircraft that requires a type rating to also satisfy all 
of the requirements for the type rating.\251\ Therefore, the FAA is 
proposing to add language to make completely clear that a person may 
not furnish an aircraft that requires a type rating (or an FSTD 
representing an aircraft requiring a type rating) for the practical 
test without being eligible for a type rating and applying for a type 
rating, unless the person already has the type rating.
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    \250\ To be eligible for a type rating practical test, a pilot 
must receive training on the areas of operation listed in Sec.  
61.157(e) that apply to the aircraft type rating. 14 CFR 61.63(d)(2) 
and 61.157(b). The detailed tasks associated with each area of 
operation are provided in the ATP and Type Rating ACS. How a task is 
performed may vary depending on the systems and capabilities of the 
aircraft type. Therefore, to satisfactorily complete a type rating 
practical test, a pilot should be trained on how to perform the 
tasks specified for each area of operation in the aircraft for which 
a type rating sought. The flight training should prepare the pilot 
to demonstrate mastery of the aircraft by performing each task 
successfully. 14 CFR 61.43(a).
    \251\ See Flight Training Int'l, Inc. v. Fed. Aviation Admin. 58 
F.4th 234 (5th Cir. 2023).
---------------------------------------------------------------------------

    Given the relevancy of the issue to this rulemaking, the FAA 
proposes three amendments in part 61. First, the FAA proposes to 
clarify certain prerequisites for practical tests by revising Sec.  
61.39(a)(3). Specifically, paragraph (a)(3) requires an applicant for a 
practical test for a certificate or rating issued under part 61 to 
accomplish the required training and obtain certain aeronautical 
experience. The FAA proposes to revise paragraph (a)(3), which requires 
a person applying for a practical test to meet the training and 
aeronautical experience for the certificate or rating sought. The FAA 
proposes to create paragraphs (a)(3)(i) and (ii). Paragraph (a)(3)(i) 
would retain the currently situated requirement that if an applicant 
applies for a practical test with flight time accomplished under Sec.  
61.159(c), the applicant must present certain records required by part 
135. The FAA proposes to add new paragraph (a)(3)(ii), which would 
require an applicant seeking an initial category and class rating, if a 
class rating is required, on a private, commercial, or ATP certificate 
in an aircraft that requires a type rating (or a FSTD that represents 
an aircraft that requires a type rating) to either meet the eligibility 
requirements for a type rating in that aircraft or already hold that 
type rating on the person's pilot certificate. In other words, 
regardless of whether an applicant tests in an aircraft or tests in an 
FSTD, if the applicant furnishes an aircraft (or aircraft represented) 
that requires a type rating for the practical test, then the applicant 
must be eligible for the type rating practical test \252\ unless the 
applicant already holds the type rating.
---------------------------------------------------------------------------

    \252\ The FAA notes that the practical test for an ATP 
certificate with category and class ratings is the same test for a 
type rating. The FAA speaks in its regulations to ``concurrent'' 
tests because it is not possible to have successfully completed the 
testing requirements for category and class ratings at the ATP 
certificate level in an aircraft requiring a type rating without 
also completing the requirements for a type rating.
---------------------------------------------------------------------------

    The general procedures for practical tests are set forth in Sec.  
61.43. The FAA finds this is the most appropriate place to clarify the 
relationship between an ATP practical test and a type rating practical 
test. Therefore, the FAA proposes new paragraph (g) to clarify that a 
practical test for an ATP certificate with category and class ratings 
(if a class rating is required) in an aircraft that requires a type 
rating, or in an FSTD that represents an aircraft that requires a type 
rating, includes the same tasks and maneuvers as a practical test for a 
type rating. This proposed change would foreclose the concept that a 
lesser test can be administered for category and class ratings at the 
ATP certificate level.
    Finally, the FAA proposes a conforming amendment applicable to 
those examiners who are authorized by the Administrator to conduct 
practical tests.\253\ Specifically, the proposed new Sec.  61.47(d) 
would restrict an examiner from conducting a practical test for the 
issuance of an initial category and class rating (if a class rating is 
required) in an aircraft that requires a type rating (or corresponding 
FSTD) to an applicant who does not already have the type rating unless, 
first, the applicant meets the eligibility requirements for a type 
rating and, second, the practical test contains the tasks for a type 
rating specified for the areas of operation at the airline transport 
pilot certificate level. The FAA also proposes to revise the heading of 
Sec.  61.47 to more accurately describe the regulations set forth in 
the section. The FAA notes that an examiner may never conduct a 
practical test if an applicant does not meet the eligibility 
requirements for the

[[Page 39005]]

certificate or rating sought.\254\ However, the FAA wishes to clarify 
that an applicant cannot avoid the training requirements for a type 
rating by ``seeking'' only a category and class rating at the ATP 
certificate level. The proposed change would make clear that an 
examiner may not conduct a practical test in an aircraft that requires 
a type rating unless the applicant is eligible for the type rating.
---------------------------------------------------------------------------

    \253\ See 49 U.S.C. 44702(d), which gives the Administrator the 
authority to delegate a matter related to the examination, testing, 
and inspection necessary to issue a certificate under part 61.
    \254\ For example, if an examiner is presented with an applicant 
for a commercial pilot certificate who has only 100 hours total 
flight time, no test may be administered due to the applicant's 
ineligibility for the practical test.
---------------------------------------------------------------------------

    The FAA finds that the three regulations, in tandem, will 
sufficiently ensure that a scenario is avoided where someone seeks a 
category or class rating in an aircraft that requires a type rating 
without fully demonstrating mastery of the aircraft furnished for the 
practical test. The FAA notes that in the case of an airplane or 
rotorcraft, an applicant retains the option of furnishing an aircraft 
that does not require a type rating if the applicant seeks only 
category and class ratings. For powered-lift, which as proposed would 
all require type ratings, an applicant would be foreclosed from seeking 
a powered-lift category rating without concurrently obtaining a type 
rating.

H. Miscellaneous Amendments

1. Aeronautical Experience for Private Pilot Applicants (Sec.  
61.109(e)(5))
    Section 61.109 sets forth the aeronautical experience requirements 
that an applicant must meet to be eligible for a private pilot 
certificate. Section 61.109 contains several paragraphs that prescribe 
specific aeronautical experience requirements for the respective rating 
sought. Specifically, for airplane single-engine and helicopter 
ratings, Sec.  61.109(a) and (c) require 10 hours of solo flight time 
in the category and class of aircraft for which the rating is sought. 
Similarly, for an airplane multiengine rating, Sec.  61.109(c) requires 
10 hours of solo flight time in any airplane. However, for a powered-
lift category rating, Sec.  61.109(e)(5) currently allows an applicant 
to obtain 10 hours of solo flight time in either an airplane or a 
powered-lift.\255\
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    \255\ Specifically, Sec.  61.109(e)(5) requires 10 hours of solo 
flight time in an airplane or powered-lift consisting of at least: 
(1) five hours of cross-country time; (2) one solo cross-country 
flight of 150 nautical miles total distance with three full-stop 
landings at three points and one segment of the flight consistent of 
a straight-line distance of more than 50 nautical miles between 
takeoff and landing locations; and (3) three takeoffs and landings 
to a full stop (with each landing involving a flight in the traffic 
pattern) at an airport that has an operating control tower.
---------------------------------------------------------------------------

    As discussed, the FAA added the aeronautical experience 
requirements for powered-lift in the 1997 final rule.\256\ In the 
preamble to that final rule, the FAA explained that it was permitting 
an applicant for a powered-lift rating to accomplish solo flight time 
in an airplane or powered-lift in response to concerns raised by 
commenters regarding the ability for a pilot to rent or be insured to 
fly solo in a multiengine aircraft without holding a multiengine 
rating.\257\ At the time of the 1997 final rule, the FAA could not 
anticipate the manner in which the powered-lift category would emerge.
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    \256\ Pilot, Flight Instructor, Ground Instructor, and Pilot 
School Certification Rules, Final Rule, 62 FR 16220 (Apr. 4, 1997).
    \257\ Id. at 16264-65.
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    As noted earlier in the preamble, the FAA anticipates that the 
initial powered-lift that will obtain type certification are intended 
for commercial purposes. However, a number of manufacturers are also 
engaged in developing powered-lift that would be for personal use. As 
explained in section V.A of this preamble, the FAA proposes to require 
a type rating for each powered-lift because it is not feasible to 
establish classes of powered-lift due to their significantly different 
flight characteristics. Because there are no powered-lift classes, and 
the FAA declines at this time to differentiate between multiengine and 
single engine powered-lift classes,\258\ the FAA finds that the lack of 
a multiengine powered-lift class rating would not preclude a pilot from 
renting a powered-lift. Additionally, to the extent a pilot may obtain 
a multiengine airplane rating, the FAA finds that holding such a rating 
would not provide any assurance that the pilot has the skills necessary 
to operate a powered-lift. The FAA, therefore, finds that the concerns 
noted in the 1997 preamble are no longer valid. Furthermore, permitting 
a private pilot applicant to obtain 10 hours of solo flight time in an 
airplane for the purpose of obtaining a powered-lift category rating 
presents a significant safety issue because airplane and powered-lift 
are two very different categories of aircraft.
---------------------------------------------------------------------------

    \258\ See section VII.A of this preamble for additional 
discussion.
---------------------------------------------------------------------------

    As discussed in section V.A of this preamble, not only do different 
powered-lift vary widely within the respective category, they are 
essentially a hybrid between an airplane and a helicopter. When flying 
an airplane, the applicant will never encounter the vertical take-off 
and landing characteristics fundamental to a powered-lift. The most 
critical phases of flight for airplanes and helicopters, and where most 
accidents occur, are during the takeoff and landing phases of 
flight.\259\ For example, improper application of an airplane's flight 
controls at slow airspeeds could result in a stall and spin event, 
oftentimes resulting in accidents. Similarly, improper application of 
flight control inputs during the takeoff and landing in a helicopter 
can result in loss of control. For example, during takeoff, a 
helicopter encounters aerodynamics events such as effective 
translational lift and transverse flow effect that are specific to a 
rotor system transitioning from hovering to forward flight.\260\ These 
anomalies require specific inputs to assure that a safe transition to 
forward flight can occur during takeoff and transition to en route 
flight. The FAA anticipates that the most critical phases of flight for 
powered-lift will also be during the takeoff and landing phases of 
flight. It is important for a private pilot applicant to gain 
experience with the operating characteristics of a powered-lift as the 
sole occupant onboard during the takeoff and landing phases of flight.
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    \259\ Phase of Flight for General Aviation Accidents, 2018 
Aviation: Data & Stats (ntsb.gov).
    \260\ Helicopter Flying Handbook, Helicopter Flying Handbook 
(FAA-H-8083-21B) Chapter 2, pages 2-22 and 2-23.
---------------------------------------------------------------------------

    In light of the different operating capabilities of airplanes 
compared to powered-lift, the FAA concludes that the skills acquired 
during solo flight time in an airplane are not interchangeable with the 
skills acquired during solo flight time in a powered-lift.\261\ An 
applicant for a private pilot certificate seeking a powered-lift rating 
must obtain experience operating the powered-lift on solo flights to 
ensure the applicant has a sufficient amount of aeronautical experience 
manipulating the controls of the powered-lift as the sole occupant. 
This flight time is critical to the development of a skilled, safe 
pilot as it fosters the applicant's decision-making skills, enables the 
applicant to reinforce the skills acquired during training as the sole 
manipulator

[[Page 39006]]

of the controls, and ensures the applicant develops the skills 
necessary to operate the powered-lift during the critical phases of 
flight.
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    \261\ The FAA acknowledges that a recent final rule permits 
military powered-lift pilots to credit time in horizontal flight in 
a powered-lift toward the airplane requirements for an ATP 
certificate. This final rule was based on the operational 
similarities between military powered-lift in horizontal flight and 
airplanes. Allowing an experienced military powered-lift pilot to 
credit a portion of flight time in powered-lift toward a subset of 
the time required for an airplane rating at the ATP certificate 
level is wholly distinguishable from allowing training time in an 
airplane to be used to satisfy time in a powered-lift at the start 
of a person's flying experience. Recognition of Pilot in Command 
Experience in the Military and Air Carrier Operations, Final Rule, 
87 FR 57578 (Sep. 21, 2022).
---------------------------------------------------------------------------

    For the reasons stated previously, the FAA is proposing to amend 
Sec.  61.109(e)(5) to require an applicant for a private pilot 
certificate with a powered-lift category rating to obtain 10 hours of 
solo flight time in a powered-lift. In addition to providing an 
adequate level of safety, requiring the applicant to obtain solo flight 
time in the category of aircraft for which the rating is sought would 
ensure consistency with the aeronautical experience requirements in 
Sec.  61.109 that apply to persons seeking airplane and helicopter 
ratings.
2. Removal of Sec. Sec.  61.63(h) and 61.165(g)
    Before 2004, Sec.  61.31 allowed a pilot to operate an experimental 
aircraft carrying passengers without a category and class rating when 
permitted by the aircraft's operating limitations. In 2004, the FAA 
amended Sec.  61.31 to require persons to hold the appropriate category 
and class rating when carrying a passenger regardless of the aircraft's 
airworthiness certificate. The amendment also established a method to 
credit previous experience gained in an experimental aircraft to ensure 
pilots complied with the revised provisions.\262\ Specifically, to 
ensure that pilots operating under regulations before the final rule 
change requiring appropriate category and class ratings complied with 
the revised provisions, the FAA added Sec. Sec.  61.63(k) and 
61.165(f), which is currently situated as Sec. Sec.  61.63(h) and 
61.165(g). These provisions permit certificated pilots who hold a 
recreational pilot certificate or higher but do not have a category and 
class rating to operate the experimental aircraft to apply for a 
category and class rating with the limitation ``experimental aircraft 
only'' and a designation for the make and model aircraft authorized to 
be operated. Pilots seeking this privilege are required to have logged 
at least 5 hours of PIC time in the same category, class, make, and 
model of aircraft issued an experimental certificate. The applicant is 
required to receive a logbook endorsement from an authorized flight 
instructor who has determined that they are proficient to act as PIC of 
the same category and class of aircraft.
---------------------------------------------------------------------------

    \262\ Certification of Aircraft and Airmen for the Operation of 
Light-Sport Aircraft, Final Rule, 69 FR 44772, 44829 (Jul. 27, 
2004). This amendment was adopted as Sec.  61.31(k)(2)(iii)(B), but 
is currently codified as Sec.  61.31(l)(2)(iii)(B). 74 FR 42499, 
42548.
---------------------------------------------------------------------------

    Additionally, the FAA required the 5 hours of flight time to have 
been logged between September 1, 2004, and August 31, 2005. The FAA 
reasoned that the 5 hours of PIC time received within the 12-month 
window, as well as the endorsement from a flight instructor, ensures 
recent experience and necessary skills in the category and class of 
experimental aircraft that the applicant intends to operate. Upon 
satisfaction of these requirements, the FAA will issue the applicant a 
new pilot certificate with the additional category and class rating and 
the limitation ``experimental aircraft only'' without any further 
testing.
    After more than 15 years since initial codification, the FAA 
anticipates that individuals that were operating under the pre-2004 
requirements have already utilized Sec. Sec.  61.63(h) and 61.165(g) to 
obtain a limited category and class rating. As a result, the FAA 
proposes to remove Sec. Sec.  61.63(h) and 61.165(g). The FAA notes 
that these subsections would be removed upon the effective date of the 
final rule. Therefore, any certificate holders that have not yet 
obtained a limited category and class rating under Sec. Sec.  61.63(h) 
and 61.165(g), but wish to do so, would have until that date to utilize 
the provisions.
3. ATP Privileges and Limitations (Sec.  61.167)
    Section 61.167 prescribes the privileges and limitations for an ATP 
certificate holder. Currently, under Sec.  61.167(a)(2), a person who 
holds an ATP certificate and has met the aeronautical experience 
requirements of Sec.  61.159 or Sec.  61.161 and the age requirements 
of Sec.  61.153(a)(1) may instruct other pilots in air transportation 
service in accordance with the requirements set forth in Sec.  
61.167(a)(2)(i) through (iv). Section 61.159 contains the aeronautical 
experience requirements for an applicant seeking an ATP certificate 
with an airplane category and class rating, and Sec.  61.161 contains 
the aeronautical experience requirements for an applicant seeking an 
ATP certificate with a rotorcraft category and helicopter class rating. 
Currently, because Sec.  61.167(a)(2) references only Sec. Sec.  61.159 
and 61.161, the privileges for ATPs set forth in Sec.  61.167(a)(2) do 
not extend to an ATP certificate holder who has met the aeronautical 
experience requirements for powered-lift in Sec.  61.163.\263\ As such, 
powered-lift ATPs may not instruct in accordance with Sec.  
61.167(a)(2)(i) through (iv).
---------------------------------------------------------------------------

    \263\ Section 61.163 contains the aeronautical experience 
requirements for an applicant seeking an ATP certificate with a 
powered-lift category rating.
---------------------------------------------------------------------------

    As explained in section V.F of this preamble, Sec.  61.3(d)(3)(ii) 
permits a person to instruct in accordance with an approved training 
program under part 135 without holding a flight instructor certificate, 
provided that person holds an ATP certificate with the ratings 
appropriate to the aircraft in which training is given. The FAA is 
therefore proposing to amend Sec.  61.167(a)(2) to include a reference 
to the aeronautical experience requirements in Sec.  61.163. This 
proposed amendment would ensure that persons who obtain an ATP 
certificate with the appropriate powered-lift ratings may instruct 
other pilots in air transportation service in powered-lift, consistent 
with what is permitted for persons who hold an ATP certificate with 
either airplane or helicopter ratings. The FAA notes that, under 
proposed Sec.  194.205, the proposed change to Sec.  61.167(a)(2) would 
not permit an ATP with powered-lift ratings to conduct training in the 
part 135 operator's airman certification curriculum proposed in Sec.  
194.243(a).
4. Second-in-Command Time in Part 135 Operations
    In 2018, the FAA issued a final rule that amended Sec.  135.99 to 
allow a certificate holder to receive approval of an SIC professional 
development program (SIC PDP).\264\ An SIC PDP allows the certificate 
holder's pilots to log SIC time in certain operations \265\ conducted 
under part 135 in an airplane or operation that does not otherwise 
require an SIC.\266\ As described in that final rule, a comprehensive 
SIC PDP provides opportunities for beneficial flight experience that 
may not otherwise exist. Recognizing the benefits of that flight time, 
the FAA also amended Sec. Sec.  61.159 and 61.161 to allow a pilot to 
credit SIC time logged under an SIC PDP towards certain flight time 
requirements for an ATP certificate with an airplane category or a 
rotorcraft category and helicopter class rating.\267\ In the NPRM that 
preceded the 2018 final rule,\268\ the

[[Page 39007]]

FAA acknowledged the value of pilot experience gained by airmen who 
have been properly trained to serve as SIC in the air carrier 
environment. In Public Law 111-216, Congress directed the FAA to ensure 
that applicants for an ATP certificate have received flight training, 
academic training, or operational experience that will prepare the 
pilot to, among other things, function effectively in a multipilot 
environment, adhere to the highest professional standards, and function 
effectively in an air carrier operational environment. The FAA 
determined that permitting pilots to credit SIC time logged under an 
SIC PDP, which provides an appropriate training and mentoring 
environment, towards the flight time requirements for ATP certification 
would support the congressional directive and provide an effective 
method to acquire experience for ATP certification. Additionally, the 
experience acquired under an SIC PDP would provide a strong 
foundational experience for the development of a professional pilot.
---------------------------------------------------------------------------

    \264\ Regulatory Relief: Aviation Training Devices; Pilot 
Certification, Training, and Pilot Schools; and Other Provisions 
final rule, 83 FR 30240 (Jun. 27, 2018).
    \265\ Under an SIC PDP, the aircraft must be either a 
multiengine airplane or a single-engine turbine-powered airplane. 
See 14 CFR 135.99(c)(2).
    \266\ Prior to the 2018 final rule, a person serving as SIC in a 
part 135 operation could log SIC time only if more than one pilot 
was required under the type certification of the aircraft or the 
regulations under which the flight was being conducted. 14 CFR 
61.51(f)(2).
    \267\ Regulatory Relief: Aviation Training Devices; Pilot 
Certification, Training, and Pilot Schools; and Other Provisions: 
Final Rule, 83 FR 30240 (Jun. 27, 2018).
    \268\ Regulatory Relief: Aviation Training Devices; Pilot 
Certification, Training, and Pilot Schools; and Other Provisions 
NPRM, 81 FR 29728 (May 12, 2016).
---------------------------------------------------------------------------

    For the same reasons, the FAA concludes that a pilot should be able 
to credit SIC time logged under an SIC PDP towards an ATP certificate 
with a powered-lift category rating as is allowed for pilots applying 
for an ATP certificate with an airplane category or a rotorcraft 
category and helicopter class rating. Specifically, the FAA proposes to 
amend Sec.  61.163 to add paragraph (c) to allow SIC time logged under 
an SIC PDP to be counted towards the total time as a pilot required by 
Sec.  61.163(a) and the specific flight time requirements for ATP 
certification set forth in Sec.  61.163(a)(1), (2), and (4) (e.g., 
cross-country time, night flight time, and instrument flight time). A 
person may not credit the SIC time logged under an SIC PDP towards the 
powered-lift-specific flight time requirements of Sec.  61.163(a)(3) 
because the aircraft operated under an approved SIC PDP must be a 
multiengine airplane or a single-engine turbine-powered airplane. The 
proposed amendment to Sec.  61.163 would ensure that a commercial pilot 
can log SIC flight time acquired under a SIC PDP towards an ATP 
certificate with a powered-lift category rating in the same manner as 
currently allowed for an ATP certificate with an airplane category 
rating or a rotorcraft category and helicopter class rating.\269\
---------------------------------------------------------------------------

    \269\ This proposal would not enable a part 135 operator to seek 
approval of an SIC PDP in powered-lift. The FAA is not proposing 
changes to the aircraft requirements for an SIC PDP set forth in 
Sec.  135.99(c).
---------------------------------------------------------------------------

    The FAA notes that the International Civil Aviation Organization 
(ICAO) currently has a standard for logging flight time to meet the 
standards for certificates and ratings that does not recognize the 
crediting of flight time when a pilot is not required by the aircraft 
certification or the operation under which the flight is being 
conducted. However, ICAO currently has only recommended practices, as 
opposed to standards, for minimum flight time requirements for powered-
lift ratings. If these ICAO recommended practices become standards 
prior to the FAA's publication of a final rule, the pilots who rely on 
flight time logged under an SIC PDP to meet the requirements for an ATP 
certificate with a powered-lift category rating must have a limitation 
on their ATP certificates indicating that they do not meet the PIC 
aeronautical experience requirements of ICAO. This limitation may be 
removed when the pilot presents satisfactory evidence that they have 
met the new ICAO standards.\270\ The FAA proposes to add paragraphs (d) 
and (e) to Sec.  61.163 to include the requirement for the ICAO 
limitation and the requirements for removing the limitation, under the 
assumption that the ICAO recommendations for powered-lift will become 
the ICAO standards for powered-lift in the future. The FAA will 
reevaluate the status of ICAO's powered-lift experience provisions 
prior to issuing a final rule to determine whether the proposed rule 
language in Sec.  61.163(d) and (e) are necessary.
---------------------------------------------------------------------------

    \270\ See Regulatory Relief: Aviation Training Devices; Pilot 
Certification, Training, and Pilot Schools; and Other Provisions 
NPRM, 81 FR 29728 (May 12, 2016).
---------------------------------------------------------------------------

5. References to Category and Class
    The FAA has identified several regulations in part 61 that contain 
references to the category and class of aircraft. As previously 
explained, the FAA is not establishing classes of powered-lift. As a 
result, the requirements that must be met for the appropriate class of 
aircraft would present a problem for powered-lift pilots. For example, 
because a powered-lift pilot would hold a category rating but not a 
class rating, that pilot would not be able to satisfy requirements, 
such as Sec.  61.3(e), that require the person to hold the appropriate 
category and class rating. Additionally, because there would be no 
classes of powered-lift, persons would be unable to satisfy the 
requirements for an aircraft, flight simulator, or FTD to represent the 
category and class of powered-lift. The FAA is therefore proposing to 
update the regulatory references to category and class throughout part 
61 to make clear that the reference to class is only appropriate if the 
regulations require classes for the category of aircraft.\271\ The 
following sections would be amended to reflect this change: Sec. Sec.  
61.3(e)(1) and (2), (f)(2)(i) and (ii), and (g)(2)(i) and (ii); 
61.45(a)(1)(i) and (a)(2)(ii); 61.51(f)(2); 61.57(a)(1)(ii), 
(b)(1)(ii), and (g)(1) and (4); and 61.64(a)(1) and (g)(1).
---------------------------------------------------------------------------

    \271\ See 14 CFR 61.5(b) (prescribing the various ratings that 
are placed on a pilot certificate, other than student pilot, when an 
applicant satisfactorily accomplishes the training and certification 
requirements for the rating sought).
---------------------------------------------------------------------------

    The FAA has also identified numerous provisions in part 141 and its 
appendices that reference category and class of aircraft. The 
qualification requirements for chief flight instructor, assistant 
flight instructor, and check instructor contained in Sec. Sec.  
141.35(a)(1), 141.36(a)(1), and 141.37(a)(2)(ii) require that the 
person hold a commercial pilot certificate or ATP certificate and a 
current flight instructor certificate. For flight training, these 
certificates must contain the appropriate aircraft category, class, and 
instrument ratings (if required) for the category and class of aircraft 
used in the course. For checks and tests related to ground training, to 
be eligible to be designated as a check instructor, Sec.  
141.37(a)(3)(ii) requires the person to hold a current flight 
instructor certificate or ground instructor certificate with the 
ratings appropriate to the category and class of the aircraft used in 
the course.\272\ Additionally, the course content contained in the 
appendices also references class of aircraft, which is inapplicable 
when a powered-lift is used in a course of training. The references to 
class of aircraft in these provisions pose the same issues as the 
references to class in part 61 for powered-lift pilots (i.e., powered-
lift pilots would be able to satisfy requirements for category ratings, 
but not class ratings).
---------------------------------------------------------------------------

    \272\ The FAA recognizes that category and class ratings are not 
placed on a ground instructor certificate. Rather, pursuant to Sec.  
61.5(d), the FAA places basic, advanced and instrument ratings on a 
ground instructor certificate. Therefore, the requirement to hold 
the appropriate category and class ratings on an instructor 
certificate in Sec.  141.37(a)(3)(ii) applies to persons who hold a 
flight instructor certificate. The FAA is not proposing any 
permanent amendments to part 141 in this rulemaking. Thus, the FAA 
is not proposing to update Sec.  141.37(a)(3)(ii) at this time. 
However, the FAA may contemplate a clarifying amendment to Sec.  
141.37(a)(3)(ii) in a future rulemaking.
---------------------------------------------------------------------------

    However, the FAA has determined that a different approach would 
best address the references to class throughout part 141. The only 
regulatory requirements that reference

[[Page 39008]]

class are those qualification requirements discussed previously. The 
FAA proposes Sec.  194.241, which would remove the qualification 
requirement to hold a class rating in Sec. Sec.  141.35(a)(1), 
141.36(a)(1), and 141.37(a)(2)(ii) and (a)(3)(ii) when a powered-lift 
is used in the course. Additionally, proposed Sec.  194.241(a) and (b) 
would delineate the certificates and aircraft ratings a person must 
hold to be designated as a chief instructor, an assistant chief 
instructor, or a check instructor (for checks and tests that relate to 
flight training and ground training) when a powered-lift is used in the 
course. As discussed in section V.A of this preamble, due to the 
significant operational differences between each powered-lift, the FAA 
is not establishing classes of powered-lift but is instead requiring 
the PIC of a powered-lift to hold a type rating for the aircraft. 
Therefore, in delineating the ratings that must be held on the pilot 
certificate for persons seeking designation as a chief instructor, an 
assistant chief instructor, or a check instructor (for checks and tests 
that relate to flight training), the FAA proposes to add the 
requirement that a person must hold a powered-lift type rating.\273\
---------------------------------------------------------------------------

    \273\ This proposed requirement provides additional clarity 
regarding the need for these instructors to hold a powered-lift type 
rating to receive these designations. Under the part 141 regulations 
discussed in this section and the proposed SFAR provision of Sec.  
194.241, to be designated a chief instructor, assistant chief 
instructor, or a check instructor (for checks and tests that relate 
to flight training), a current flight instructor certificate must be 
held. A person who holds a flight instructor certificate is subject 
to the limitations contained in Sec.  61.195. Specifically, Sec.  
61.195(e) prohibits a flight instructor from giving training in an 
aircraft that requires the PIC to hold a type rating unless the 
flight instructor holds a type rating for the aircraft on their 
pilot certificate for that aircraft. Because a PIC of a powered-lift 
would be required to hold a type rating, to provide flight training 
in a powered-lift, the flight instructor would be required to hold a 
type rating for the powered-lift as well.
---------------------------------------------------------------------------

    Other than the qualification requirements in Sec. Sec.  
141.35(a)(1), 141.36(a)(1), and 141.37(a)(2)(ii), the references to 
class in part 141 exist in the appendices. Each appendix contains 
content pertaining to a course of training for a certificate or rating. 
For the same reasons previously discussed, the FAA proposes Sec.  
194.249(b) that would make the references to class contained in course 
content in the appendices to part 141 inapplicable when a powered-lift 
is used for a course of training. This SFAR provision would accurately 
and comprehensively resolve each problematic reference to class in the 
appendices to part 141. Additionally, it would provide the FAA time to 
assess which permanent changes will be needed in the appendices to part 
141 to accommodate the use of powered-lift in the certification and 
rating courses long-term.
    In addition to the class references identified in parts 61 and 141, 
there are several class references throughout subpart K of part 91 and 
parts 135 and 142 that pose challenges for powered-lift pilots, program 
managers, training centers, and other affected persons and entities. 
Under subpart K of part 91, Sec.  91.1055(b)(2) references class of 
aircraft. Section 91.1055(b)(2) allows deviation from flight-time hour 
requirements for PICs and SICs operating program flights if an existing 
program manager adds a new category and class of aircraft to its fleet 
not used before in its operation. In the absence of classes for 
powered-lift, fractional ownership program managers could not utilize 
this deviation authority. To remedy the discrepancy posed by the 
reference to the aircraft class requirement in this section, the FAA 
proposes Sec.  194.245(b) to clarify that this reference to class is 
inapplicable when a powered-lift is used for the operation under 
subpart K of part 91.
    Under part 135, Sec. Sec.  135.4(b)(2), 135.247(a)(1) and (2), and 
135.603 also reference class of aircraft. Specifically, Sec.  
135.4(b)(2) closely aligns with the text of Sec.  91.1055(b)(2)--
allowing deviation from certain crewmember experience requirements if 
the certificate holder adds to its fleet a new category and class of 
aircraft not used before in its operation. Section 135.247(a)(1) and 
(2) require a PIC in an aircraft carrying passengers to make three 
takeoffs and landings, and three additional takeoffs and landings for 
operations after sunset and before sunrise, as the sole manipulator of 
the flight controls in an aircraft of the same category, class, and 
type, if a type rating is required, in which that person is to serve. 
Finally, Sec.  135.603 requires the PIC of a helicopter air ambulance 
operation to meet the requirements of Sec.  135.243 and to hold either 
a helicopter instrument rating or an ATP certificate with a category 
and class rating for that aircraft, not limited to VFR.\274\
---------------------------------------------------------------------------

    \274\ The FAA proposes that Sec.  135.603 apply to powered-lift 
conducting operations in accordance with subpart L of part 135 under 
proposed Sec.  194.308(n). See VI.D.1.vi (explaining rationale for 
applying Sec.  135.603 to powered-lift operations).
---------------------------------------------------------------------------

    These class references would similarly pose challenges for part 135 
certificate holders. Therefore, for the same reasons as described 
above, the FAA proposes Sec.  194.249(a) to clarify that these 
references to class are inapplicable when a powered-lift is used for 
the operation under part 135.
    Lastly, under part 142, Sec. Sec.  142.11(d)(2)(ii), 
142.49(c)(3)(iii), 142.53(b)(1), and 142.65(b)(1) reference class of 
aircraft. As a result, training center certificate holders and 
instructors would be unable to apply for issuance or amendment of 
training specifications, comply with instructor and certificate holder 
privileges and limitations, or satisfy the instructor training and 
testing requirements. As a result, the FAA proposes Sec.  194.249(c) to 
clarify that references to class of aircraft in these sections do not 
apply when operating powered-lift or flight simulation devices 
representing powered-lift under part 142.

I. Part 135 Pilot Qualifications

1. Statement of the Issue & Introduction
    On December 7, 2022, the FAA proposed revisions to 14 CFR parts 110 
and 119 to enable powered-lift operations in part 135.\275\ The 
potential introduction of powered-lift in part 135 operations requires 
the FAA to propose updates to current crewmember training and 
qualification requirements in that part.\276\ The current regulatory 
framework in subparts A, E, G, and H of part 135 was initially codified 
without contemplation of powered-lift operations. Unlike part 61, the 
1997 final rule that first introduced powered-lift in 14 CFR did not 
include updates to part 135.\277\ Such changes were unnecessary due to 
the fact that powered-lift could not operate in part 135. Consequently, 
the FAA's current proposal to amend part 135 includes introducing 
powered-lift into the regulatory training and qualification paradigm, 
rather than simply updating or modifying existing powered-lift 
requirements.
---------------------------------------------------------------------------

    \275\ Update to Air Carrier Definitions NPRM, 87 FR 74995.
    \276\ Section VI of this NPRM sets forth the proposed changes to 
the operational rules for powered-lift in parts 91 and 135.
    \277\ Pilot, Flight Instructor, Ground Instructor, and Pilot 
School Certification Rules, 62 FR 16220 (Apr. 4, 1997).
---------------------------------------------------------------------------

    To integrate the operation of these unique aircraft into the 
existing part 135 crewmember training and qualification structure, the 
FAA proposes a two-fold amendatory framework, proposing both permanent 
regulatory amendments and temporary SFAR requirements. The FAA's 
proposed SFAR requirements are intended to facilitate the training and 
qualification of the initial groups of part 135 pilots, flight 
instructors, and check pilots. In many instances, the training and 
qualification requirements applicable to airplane pilots in part 135 
would also be applied to powered-lift

[[Page 39009]]

pilots.\278\ Due to the energy or fuel consumption while operating 
vertically in a powered-lift, the FAA anticipates that powered-lift 
will quickly transition to horizontal flight utilizing the wings like 
an airplane to afford powered-lift a much larger operational range and 
faster speeds to optimize operational capabilities. Resultantly, 
powered-lift pilots must possess many of the same skills and experience 
as their airplane pilot counterparts.\279\
---------------------------------------------------------------------------

    \278\ For example, the proposed permanent amendments to Sec.  
135.243(a)(3) and (b)(5) are similar to the PIC qualifications for 
airplane pilots in Sec.  135.243(a)(1) and (b)(3).
    \279\ The FAA recently published a final rule permitting 
military pilots and former military pilots to credit flight time in 
horizontal flight in powered-lift toward the flight time 
requirements for an ATP certificate with an airplane category 
rating. Commenters to that rule estimated that military pilots 
operate powered-lift in horizontal flight between 80-99% of the 
time. Recognition of Pilot in Command Experience in the Military and 
Air Carrier Operations, 87 FR 57580 (Sep. 21, 2022).
---------------------------------------------------------------------------

    At the same time, some of the FAA's proposals recognize the 
operational differences in the capability of powered-lift and the 
associated challenges of integrating a new category of aircraft into 
the NAS for civilian use. Given these known operational distinctions, 
there are instances where existing airplane or helicopter training and 
qualification pilot rules do not readily apply. For example, some 
powered-lift flight control designs differ from both conventional 
airplane and helicopter controls, necessitating specific training and 
qualification requirements to ensure proper pilot handling and safety 
during flight. In those cases where neither airplane nor helicopter 
training and qualification rules fit the operational capabilities of 
powered-lift, the FAA proposes new temporary or permanent requirements 
designed to facilitate the readiness of powered-lift pilots to safely 
integrate into the NAS. The FAA's SFAR proposals and permanent 
amendments seek to balance the demand for safety in part 135 operations 
while recognizing the operational uniqueness of powered-lift and 
encouraging the integration of these new aircraft operations under this 
part.
2. Relevant History & Background
    Part 135 prescribes operating requirements for commuter and on-
demand operations. Specifically, subpart A prescribes the operations 
and personnel that are affected by the part, and subpart E details 
flight crewmember qualification requirements. Subparts G and H set 
forth the testing and training requirements for crewmembers.
    On October 10, 1978, the FAA substantially amended the part 135 
regulations that governed commuter air carriers and on-demand air taxi 
operators.\280\ These regulations were enacted to update the 
requirements of part 135 in response to anticipated growth in 
operations stemming from legislative efforts to deregulate the airline 
industry.\281\ In particular, the FAA anticipated the passage of the 
Airline Deregulation Act of 1978 and sought to update its regulations 
prior to the Act's codification.\282\ In that Act, Congress mandated 
that the FAA modify its regulatory framework to ensure commuter air 
carriers afford passengers the same level of safety as that granted to 
passengers travelling on other certificated carriers.\283\ As a result 
of the FAA's prior rulemaking in anticipation of this legislation, no 
further amendments were necessary after the Act's promulgation.\284\
---------------------------------------------------------------------------

    \280\ Regulatory Review Program; Air Taxi Operators and 
Commercial Operators, 43 FR 46742, 46783 (Oct. 10, 1978).
    \281\ See Air Taxi Operators and Commercial Operators; Commuter 
Pilot in Command Operating Experience Requirements, 45 FR 7540 (Feb. 
4, 1980) (explaining 1978 update to part 135 regulations).
    \282\ Id.
    \283\ Airline Deregulation Act of 1978, Public Law 95-504, 49 
U.S.C. 1301 (October 24, 1978).
    \284\ Air Taxi Operators and Commercial Operators; Commuter 
Pilot in Command Operating Experience Requirements, 45 FR 7540 (Feb. 
4, 1980).
---------------------------------------------------------------------------

    In 1980, the FAA updated the part 135 operating experience 
requirements again, explaining that fatal accidents continued to occur 
even after the FAA's 1978 amendments.\285\ Pilot training and testing 
requirements were further refined in 1995 to ensure the training, 
testing, and currency requirements met the expectations of safety for 
commercial operations.\286\ To effectuate this goal, the FAA's 1995 
rulemaking amended the training and checking requirements under part 
135 to align with the more rigorous and comprehensive part 121 
standards.\287\
---------------------------------------------------------------------------

    \285\ Id. (citing 13 fatal accidents in commuter air carrier 
operations during 1979).
    \286\ Commuter Operations and General Certification and 
Operations Requirements, 60 FR 65940, 65941 (Dec. 20, 1995).
    \287\ Id.
---------------------------------------------------------------------------

    The FAA's prior amendments to part 135, and its continued efforts 
to enhance the level of safety required to operate under that part, 
inform its present proposals. In proposing the SFAR requirements and 
permanent amendments to accommodate the entry of powered-lift into 
operations under part 135, the FAA maintains its longstanding 
commitment to ensuring safety and mitigating the risk of commuter and 
on-demand accidents and incidents. In this regard, the FAA's SFAR and 
permanent proposals for crewmember training and qualification programs 
under part 135 are intended to provide an equivalent level of training, 
checking, and testing for powered-lift operations as those imposed for 
airplanes and helicopters.
3. Section 135.3--Rules Applicable to Operations Subject to This Part
    Section 135.3 prescribes the rules that apply to persons conducting 
operations under part 135. Specifically, Sec.  135.3(b) is specific to 
commuter operations \288\ under part 135 and requires certificate 
holders conducting such operations with airplanes for which two pilots 
are required by the aircraft type certification to comply with the 
training and qualification requirements in subparts N and O of part 121 
instead of the training and qualification requirements for part 135. 
When Sec.  135.3(b) was proposed in 1994, the FAA sought to reduce 
accidents and incidents related to human performance in commuter 
operations.\289\ To facilitate more comprehensive training requirements 
and alleviate the prevalence of human error, the FAA's 1995 final rule 
imposed the subpart N and O training requirements that are reflected in 
the current regulation.\290\
---------------------------------------------------------------------------

    \288\ Under part 110, ``commuter operation'' is defined as any 
scheduled operation conducted by any person operating one of the 
following types of aircraft with a frequency of operations of at 
least five round trips per week on at least one route between two or 
more points according to the published flight schedules: airplanes, 
other than turbojet-powered airplanes, having a maximum passenger-
seat configuration of 9 seats or less, excluding each crewmember 
seat, and a maximum payload capacity of 7,500 pounds or less; or 
rotorcraft. The FAA has proposed in a related rulemaking to revise 
this definition to include powered-lift, other than turbojet-powered 
powered-lift, that have a maximum passenger-seat configuration of 9 
seats or less, excluding each crewmember seat, and a maximum payload 
capacity of 7,500 pounds or less. 87 FR 74995 (Dec. 7, 2022). The 
FAA's current proposal corresponds to the regulations proposed in 
the Update to Air Carrier Definitions NPRM enabling powered-lift 
operations in part 135. Consistent with the Administrative Procedure 
Act, the FAA will consider all significant comments received in 
response to the Update to Air Carrier Definitions NPRM and adjust 
both proposals as necessary based on public comment.
    \289\ Air Carrier and Commercial Operator Training Programs, 59 
FR 64272 (Dec. 13, 1994).
    \290\ On December 20, 1995, the FAA published two final rules 
both addressing operations under parts 121 and 135. One rule 
established new part 119 and required certain commuter operations 
that had been conducted under part 135 (i.e., scheduled passenger-
carrying operations in airplanes that have passenger-seating 
configurations of 10 to 30 seats) to be conducted under part 121. 
See 60 FR 65832 (Dec. 20, 1995). The second rule required operators 
that conduct commuter operations with airplanes for which two pilots 
are required by aircraft type certification rules to train and 
qualify their pilots using the requirements in subparts N and O of 
part 121 rather than the training and qualification requirements in 
part 135. See 60 FR 65940 (Dec. 20, 1995).

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

[[Page 39010]]

    In comparing the two training regimes, the FAA noted that, compared 
to part 121 training regulations, part 135 training rules do not 
provide a balanced mix of training and checking because part 135 allows 
the repeated substitution of flight checks in lieu of training. The FAA 
further stated that part 121 training and qualification regulations 
require both recurrent training and flight checks. Subsequently, the 
FAA explained that the more comprehensive training and checking 
paradigm imposed under part 121 for these part 135 commuter operations, 
instead of the requirements maintained in subparts E, G, and H of part 
135, was necessary to enhance public and passenger safety.\291\
---------------------------------------------------------------------------

    \291\ Air Carrier and Commercial Operator Training Programs, 59 
FR 64272, 64272-73 (Dec. 13, 1994).
---------------------------------------------------------------------------

    The FAA finds that the same safety standard imposed in Sec.  
135.3(b) for commuter operations involving airplanes for which two 
pilots are required by type certification should apply to powered-lift 
requiring two pilots by type certification. Notably, however, subparts 
N and O of part 121 are multiengine airplane specific, and, at this 
time, the FAA is not amending part 121 to accommodate powered-lift 
operations. In the absence of amending subparts N and O to accommodate 
powered-lift-specific training and checking, appendices E (Flight 
Training Requirements) and F (Proficiency Check Requirements) to part 
121 would mandate that a powered-lift flightcrew perform some airplane-
specific tasks that are incongruent with powered-lift operational 
capabilities.\292\
---------------------------------------------------------------------------

    \292\ In accordance with Sec.  121.424 of subpart N, flight 
training must include at least the maneuvers and procedures 
specified in appendix E to part 121. In accordance with Sec.  
121.441 of subpart O, proficiency checks must include at least the 
maneuvers and procedures specified in appendix F to part 121.
---------------------------------------------------------------------------

    For example, under appendix E to part 121, powered-lift PICs would 
be required to complete flight training on zero-flap landings. However, 
some powered-lift coming to market may not be designed with flaps and, 
therefore, PICs operating these powered-lift could not complete the 
training required under subpart N. Moreover, powered-lift may be 
capable of performing additional tasks, such as running or roll-on 
landings, not contemplated in appendices E and F to part 121. Thus, if 
subparts N and O were applied to powered-lift as written, PICs could be 
insufficiently trained and checked on some maneuvers that powered-lift 
possess the operational capability to conduct.
    For each of these reasons, instead of applying training and 
qualification rules focused on multiengine airplanes to powered-lift, 
the FAA is proposing Sec.  194.247(b) to create an alternative means of 
compliance with Sec.  135.3(b) for certificate holders conducting 
commuter operations under part 135 with powered-lift requiring two 
pilots by type certification. For these operations, the FAA proposes 
that certificate holders comply with subpart Y of part 121, the 
Advanced Qualification Program (AQP). This proposal will enable a 
pathway for these commuter operations in powered-lift to meet a higher 
level of safety than meeting the training and qualification 
requirements in subparts G and H of part 135 without imposing the inapt 
multiengine airplane requirements of subparts N and O on powered-lift 
commuter operators in part 135.
    The proposal for powered-lift pilots to comply with the AQP 
requirements accords with the FAA's intent when codifying the original 
rule requiring certificate holders operating airplanes requiring two 
pilots by type certification in part 135 commuter operations to comply 
with subparts N and O of part 121. Principally, the 1995 final rule 
mandated that certain part 135 commuter operators comply with subparts 
N and O of part 121 because the part 135 training requirements imposed 
a lesser standard, allowing flight checks to be substituted for 
required training.\293\ The FAA finds that, in lieu of modifying 
subparts N and O of part 121 to accommodate the integration of certain 
powered-lift commuter operations, AQP can be utilized to ensure a 
similarly rigorous safety standard for training and checking is 
maintained.
---------------------------------------------------------------------------

    \293\ See Commuter Operations and General Certification and 
Operations Requirements, 60 FR 65832, 65940 (Dec. 20, 1995).
---------------------------------------------------------------------------

    For example, AQP employs scenario-based training and evaluations 
and integration of safety program data to maintain the most effective 
training for each certificate holder. Unlike traditional aviation 
training, AQP uses data-informed and data-driven improvement. It 
encourages innovation in the methods and technology that are used 
during instruction and evaluation. AQP allows for customized training 
to the certificate holder's unique demographic and flight operation 
while integrating crew resource management and evaluating both the 
individual and crew's performance. In addition, AQP provides a trained-
to-proficiency model that uses planned hours, similar to the rigorous 
training and checking paradigm imposed under subparts N and O of part 
121.
    While the requirements delineated in the AQP are not identical to 
the checking and training standards imposed in subparts N and O of part 
121, the use of an AQP will exceed the part 135 commuter training and 
checking standards that would otherwise apply. As a result, the FAA 
proposes the use of AQP to promote a higher safety standard than that 
imposed under part 135, to more closely align with the training and 
checking required under subparts N and O of part 121. The FAA notes 
that the proposal to utilize an AQP is temporary. As additional 
information becomes available on the training and checking necessary to 
effectuate safety for certain part 135 commuter powered-lift 
operations, the FAA will revise this standard as appropriate. In short, 
the FAA proposes the AQP requirement to elevate the existing part 135 
training and checking standards, while recognizing its use as a 
temporary measure until additional information is available to 
facilitate a permanent solution tailored to the most appropriate 
training and checking for pilots in commuter operations involving 
powered-lift for which two pilots are required by type certification.
    In addition, the 1995 final rule that imposed this requirement for 
airplanes emphasized the ``greater flexibility'' afforded by part 121 
and the ``more effective mix of training and checking activities'' 
available.\294\ Like subparts N and O, the AQP framework increases 
flexibility in training, including the approval of alternative methods 
for training, certifying, and ensuring the competency of crewmembers 
and other personnel.\295\ The FAA reasons that the AQP--a program 
designed to accommodate innovative and advancing technology \296\--
provides an appropriate alternative pathway to ensure quality training 
and checking of powered-lift pilots while they are currently unable to 
follow subparts N and O in part 121 as prescribed for airplanes in 
Sec.  135.3(b).
---------------------------------------------------------------------------

    \294\ Commuter Operations and General Certification and 
Operations Requirements, 60 FR 65832, 65940-41 (Dec. 20, 1995).
    \295\ See 14 CFR 121.901(a).
    \296\ Advanced Qualification Program, 70 FR 54809, 54810 (Sep. 
16, 2005).
---------------------------------------------------------------------------

    For each practical test requirement of part 61 or regulatory 
requirement of part 121 or 135 that is replaced by an AQP, subpart Y 
requires that the certificate holder detail how the AQP curriculum 
provides an equivalent level of safety to the part 135 training and 
qualification requirements.\297\ AQP uses performance

[[Page 39011]]

data to continually improve the training and qualification program. All 
approvals are conducted jointly between the certificate management 
office and the Air Transportation Division with input from all the 
members of the extended review team (ERT). The ERT includes subject 
matter experts that are not frequently available to assist Principal 
Operations Inspectors on training program approvals and revisions. For 
each of these reasons, the FAA finds that it can ensure adequate 
oversight and safety for operators in which an AQP is required for 
powered-lift and maintain a similar level of safety while accommodating 
the emerging technology and operational uniqueness of powered-lift.
---------------------------------------------------------------------------

    \297\ 14 CFR 121.909(b).
---------------------------------------------------------------------------

    In addition to proposing that powered-lift commuter operations with 
two pilots required by type certification comply with AQP in subpart Y 
of part 121, the FAA also proposes in Sec.  194.247(b)(2) that these 
PICs receive training, instruction and facilitated discussion on 
leadership and command and mentoring as part of their initial, 
recurrent, and upgrade ground training, similar to the initial, 
recurrent, and upgrade ground training requirements that govern 
airplane commuter operations. Proposed Sec.  194.247(b)(2)(ii) requires 
that mentoring training include techniques for instilling and 
reinforcing the highest standards of technical performance, airmanship, 
and professionalism in newly hired pilots. This leadership and command 
and mentoring training would be required in recurrent ground training 
for PICs every 36 calendar months. Additionally, proposed Sec.  
194.247(b)(4) includes requirements for initial and upgrade flight 
training for PICs to contain sufficient scenario-based training 
incorporating crew resource management and leadership and command 
skills, to ensure the pilot's proficiency as PIC. The FAA includes 
these additional training requirements to equate the training received 
by powered-lift pilots under subpart Y of part 121 to that required for 
PICs in airplane commuter operations in which two pilots are required 
by type certification.\298\
---------------------------------------------------------------------------

    \298\ As previously described, pilots serving in airplane 
commuter operations in which two pilots are required by type 
certification must be trained in accordance with subpart N of part 
121. Leadership and command and mentoring training is required by 
subpart N of part 121 during PIC initial, upgrade, and recurrent 
training. See 14 CFR 121.420, 121.426, and 121.427.
---------------------------------------------------------------------------

    The FAA reasons that the use of an AQP, coupled with the additional 
proposed requirements in the SFAR, will provide powered-lift pilots 
with the knowledge and skills that are required for a similar level of 
safety. In short, the FAA seeks to balance the unique training, 
checking, and operational characteristics associated with powered-lift 
while maintaining similar training and checking requirements as that 
provided in subparts N and O of part 121. The FAA proposes to 
effectuate this intent through the AQP in subpart Y of part 121, 
enabling a flexible and customizable training option for pilots of 
powered-lift in which two pilots are required by type 
certification.\299\ Additional information on the safety benefits and 
suggested compliance mechanisms for the AQP are available in the FAA's 
AQP Advisory Circular No. 120-54A.
---------------------------------------------------------------------------

    \299\ The training requirements in subparts E, G, and H of part 
135 will apply to pilots of powered-lift in which one pilot is 
required by type certification.
---------------------------------------------------------------------------

4. Section 135.4--Applicability of Rules for Eligible On-Demand 
Operations
    Section 135.4 prescribes two-pilot flight crew experience and 
pairing requirements for eligible on-demand operations conducted under 
part 135. As currently written, Sec.  135.4 applies to powered-lift, 
with the exception of Sec.  135.4(a)(3), which specifies its 
applicability to fixed-wing aircraft. Section 135.4(a)(3) prescribes 
the operating limitations for an SIC of fixed-wing aircraft that has 
fewer than 100 hours of flight time as SIC in the aircraft make and 
model, and if a type rating is required, in the type aircraft being 
flown. If the SIC does not have the requisite flight time and the PIC 
is not an appropriately qualified check pilot, the PIC is required to 
make all takeoffs and landings in the situations that are detailed in 
paragraphs (a)(3)(i) and (ii). The FAA requires the PIC to make all 
takeoffs and landings in the situations listed in paragraphs (a)(3)(i) 
and (ii) because safety could be compromised if flown by a lesser-
experienced SIC.\335\
    Powered-lift have the potential for increased complexity of 
operation over fixed-wing aircraft during the approach and landing 
phases of flight, and this can especially hold true during the 
situations that are listed in paragraphs (a)(3)(i) and (ii). To ensure 
that safety is not compromised during the approach and landing phases 
of flight, a certain amount of familiarity with an aircraft is 
required. The FAA maintains that the familiarity required for SICs 
should not be reduced for powered-lift as compared to fixed-wing 
aircraft. The crew pairing and operational limitations required by this 
section are designed to ensure the flightcrew possess the necessary 
familiarity and experience to safely operate in less-than-ideal 
conditions or when using the provisions of Sec.  135.385(f). Therefore, 
to ensure the highest level of safety for powered-lift, the FAA is 
proposing in Sec.  194.309 that current Sec.  135.4(a)(3) would apply 
to powered-lift under the SFAR.
5. Section 135.243--Pilot in Command Qualifications
    Section 135.243 prescribes qualifications for pilots serving as PIC 
in certain passenger-carrying part 135 operations,\300\ passenger and 
cargo flights under VFR,\301\ and passenger and cargo flights under 
IFR,\302\ which include minimum certificates, ratings, and hours of 
pilot time, cross-country time, night flight time, and, if applicable, 
actual or simulated instrument time. A portion of the PIC requirements 
in Sec.  135.243 apply to all aircraft.\303\ Therefore, these minimum 
requirements that apply to PICs of all aircraft in part 135 will also 
apply to PICs of powered-lift in part 135 when powered-lift operations 
under part 135 are enabled.
---------------------------------------------------------------------------

    \300\ 14 CFR 135.243(a).
    \301\ 14 CFR 135.243(b). See also 14 CFR 135.243(d), which 
provides that Sec.  135.243(b)(3) does not apply in certain 
conditions provided in Sec.  135.243(d)(1) through (7).
    \302\ 14 CFR 135.243(c).
    \303\ 14 CFR 135.243(b)(1) and (2) and (c)(1) and (2).
---------------------------------------------------------------------------

i. Section 135.243(a)
    Section 135.243(a) prescribes the general requirements for a person 
to serve as PIC in certain passenger-carrying operations. Specifically, 
to serve as PIC in a passenger-carrying operation of (1) a turbojet 
airplane, (2) an airplane with a passenger-seat configuration of 10 
seats or more, or (3) a multiengine airplane in a commuter operation, 
Sec.  135.243(a)(1) requires a person to hold an ATP certificate with 
appropriate category and class ratings and, if required, an appropriate 
type rating for that airplane.\304\ Similarly, Sec.  135.243(a)(2) 
requires a person to hold an ATP certificate, appropriate type ratings, 
and an instrument rating to serve as PIC in passenger-carrying 
operations for helicopters in scheduled interstate air transportation 
within the 48 contiguous states.
---------------------------------------------------------------------------

    \304\ By definition, a commuter operation is a passenger-
carrying operation. See 14 CFR 110.2 (defining scheduled operation 
and commuter operation).
---------------------------------------------------------------------------

    The FAA first proposed that certain operations under part 135 
should require an ATP certificate in 1977.\305\ In

[[Page 39012]]

that NPRM, the requirement to hold an ATP certificate to act as PIC in 
some part 135 operations was based in part on operational complexity 
and the number of persons carried. The FAA reasoned that the ATP 
certificate would provide a level of safety more comparable to that 
provided by part 121. In the 1978 final rule, the FAA concluded that 
there would be increased safety benefits by requiring PICs of the more 
complex, passenger-carrying operations under part 135 to hold an ATP 
certificate.\306\
---------------------------------------------------------------------------

    \305\ Part 135 Regulatory Review Program; Air Taxi Operators and 
Commercial Operators, 42 FR 43490, 43491 (Aug. 29, 1977).
    \306\ Regulatory Review Program; Air Taxi Operators and 
Commercial Operators, 43 FR 46742, 46772 (Oct. 10, 1978).
---------------------------------------------------------------------------

    Currently, Sec.  135.243(a) applies only to airplane and helicopter 
operations. This paragraph does not prescribe higher certificate 
requirements for PICs in certain passenger-carrying powered-lift 
operations because powered-lift cannot yet operate in part 135. 
Consequently, under the current regulatory framework of Sec.  135.243, 
the requirements to serve as PIC of a powered-lift in certain 
passenger-carrying operations would be determined under paragraphs (b) 
and (c) based on whether the operation is conducted under VFR or IFR. 
Under those provisions, a PIC of a powered-lift would be required to 
hold only a commercial pilot certificate with a powered-lift category 
rating (and a type rating, if applicable).\307\ Without a regulatory 
change, there would be less stringent PIC requirements for powered-lift 
in more complex, passenger-carrying operations than those required to 
serve as PIC of an airplane or helicopter.
---------------------------------------------------------------------------

    \307\ Currently, Sec.  135.243 does not prescribe an instrument 
rating requirement for powered-lift PICs. Instead, Sec.  135.243(b) 
requires an instrument rating for PICs of airplanes and helicopters 
conducting VFR operations. However, Sec.  61.3(e) requires a PIC 
operating in IFR to hold an instrument rating, including the PIC of 
a powered-lift.
---------------------------------------------------------------------------

    To accord the qualification requirements for PICs in powered-lift 
with those imposed for airplanes and helicopters, the FAA proposes to 
permanently add paragraph (a)(3) to Sec.  135.243. This paragraph 
proposes to require the PIC of a powered-lift to hold an ATP 
certificate with a powered-lift category rating and an appropriate type 
rating not limited to VFR for that powered-lift, when serving as PIC 
in: (1) on-demand passenger-carrying turbojet-powered powered-lift 
operations; (2) on-demand operations in a powered-lift having a 
passenger seating configuration, excluding crewmember seats, of ten or 
more; and (3) powered-lift commuter operations other than turbojet-
powered powered-lift (hereinafter collectively referred to as ``certain 
part 135 commuter and on-demand powered-lift operations'').
    In support of the proposed ATP certificate requirement, the FAA 
proffers four reasons. First, as described in the recently published 
Update to Air Carrier Definitions NPRM, turbojet-powered powered-lift 
may be used in transoceanic, long range and international operations, 
similar to turbojet-powered airplanes. For this reason, the Update to 
Air Carrier Definitions NPRM proposes that the same part 121 provisions 
that apply to scheduled turbojet-powered airplanes should apply to 
scheduled turbojet-powered powered-lift to ensure consistency in 
applying the appropriate risk mitigation measures for operations of 
turbojet-powered aircraft.\308\ To maintain consistency of risk 
mitigations, the FAA proposes that PICs of on-demand passenger-carrying 
turbojet-powered powered-lift operations must hold an ATP certificate 
consistent with the requirement for PICs of on-demand passenger-
carrying turbojet airplane operations. At present, the FAA does not 
anticipate the integration of turbojet-powered powered-lift into the 
civilian market.
---------------------------------------------------------------------------

    \308\ Update to Air Carrier Definitions, NPRM, 87 FR 74995 (Dec. 
7, 2022).
---------------------------------------------------------------------------

    Second, the FAA's proposed requirement for powered-lift PICs to 
hold an ATP certificate and type rating for on-demand operations 
involving ten or more passenger seats aligns with the rationale for 
prescribing this requirement for airplane PICs. When codifying this 
requirement for airplanes, the FAA sought to accommodate additional 
operational factors that were not initially contemplated for airplane 
design.\309\ The FAA reasoned that airplane operations with 10 or more 
passenger seats were operating near or over maximum certificated 
takeoff weight (MCTW) of 12,500 pounds, and that additional 
airworthiness requirements in part 23 would need to ensure the 
airworthiness equivalent to aircraft with a type certification of 
12,500 pounds. Changes in part 23 differentiated small aircraft to 
those limited to 9 seats or less, and larger aircraft as those with at 
least 10 seats or weighing over 12,500 pounds. Similar to type-
certificated aircraft that were over 12,500 pounds, the airplanes that 
had 10 seats or more were larger, flew for a longer duration of time, 
carried more people, had MCTW at or over 12,500 pounds, required more 
robust pilot training and certification, and had to comply with more 
stringent airworthiness requirements.
---------------------------------------------------------------------------

    \309\ Airworthiness Standards: Reciprocating and Turbopropeller 
Powered Multiengine Airplanes, 43 FR 46742, 46734 (Oct. 10, 1978).
---------------------------------------------------------------------------

    The rationale in support of these requirements for PICs of 
airplanes involving ten or more passenger seats applies equally to 
powered-lift. The FAA expects that on-demand operations involving 
powered-lift with ten or more passenger seats will also involve larger 
aircraft that fly for a longer duration of time and have the capacity 
to carry more people. Thus, the FAA proposes that PICs in on-demand 
operations piloting powered-lift that possess ten or more passenger 
seats meet similar certification requirements as those imposed for 
airplane PICs in these operations.
    Third, powered-lift will share many operational similarities as 
multiengine airplanes and, therefore, a similar certification and type-
rating requirement is necessary to ensure safety in powered-lift 
commuter operations. For example, like powered-lift, multiengine 
airplanes have more complicated and complex operating systems, 
additional gauges and differing cockpit setups, more advanced 
aerodynamics, operate at a faster speed and higher altitudes, and 
require more pilot training to handle normal operations and emergency 
situations.
    When the FAA codified the certification requirements for 
multiengine airplanes under Sec.  135.243(a)(1), it explained that 
these credentials were necessary because the requirement hinged on the 
complexity of aircraft that were currently operating under part 135 and 
their respective passenger-carrying capability.\310\ Like the 
requirements imposed for multiengine airplanes, increased safety 
benefits will be provided by requiring PICs of more complex operations 
under part 135 to hold an ATP certificate. In part, powered-lift PICs 
will also be expected to have more robust knowledge and training to 
operate in complex environments to ensure the greatest level of safety.
---------------------------------------------------------------------------

    \310\ Regulatory Review Program; Air Taxi Operators and 
Commercial Operators, 43 FR 46742, 46783 (Oct. 10, 1978).
---------------------------------------------------------------------------

    Fourth, and relatedly, the operational environment that powered-
lift PICs must navigate for commuter operations necessitates that all 
pilots possess a background of training and experience that allows them 
to adapt to complex environments when encountering varying operating 
conditions. Specifically, part 135 commuter powered-lift operations 
will often be conducted under IFR in high-traffic areas with greater 
frequency involving complex aircraft, requiring precision handling and 
skilled maneuvers to navigate these complex and challenging

[[Page 39013]]

operational environments. The ATP certificate requirement ensures that 
powered-lift PICs obtain knowledge of the skills, aptitudes, 
airmanship, and suitability through additional aeronautical experience, 
to effectively serve as PIC in these environments while also meeting 
the public interest and safety expectations. These certificate 
requirements ensure that powered-lift PICs accumulate additional flight 
time to develop the expertise necessary to maintain the higher level of 
safety required to operate under part 135 commuter powered-lift 
operations. The circumstances in which a powered-lift PIC must possess 
an ATP certificate and type rating not limited to VFR are similar to 
those imposed for airplane pilots.
    Next, in addition to holding an ATP certificate, proposed Sec.  
135.243(a)(3) also requires that powered-lift PICs hold a type rating 
for the powered-lift flown, not limited to VFR. Under the VFR-only type 
rating proposal discussed in section V.H of this preamble, pilots can 
opt to take their instrument rating practical test within two calendar 
months from the month in which they passed the type rating practical 
test in a powered-lift. Despite this testing flexibility, the FAA is 
proposing not to allow a PIC with a powered-lift VFR-only type rating 
to serve in part 135 operations including those operations in Sec.  
135.243(a). As explained further in the subsequent section, the skills 
and experience required for an instrument rating are necessary to 
ensure safety in part 135 operations. The instrument rating ensures 
that PICs of powered-lift possess the proper training, experience hours 
in simulated and actual instrument conditions, and operational 
knowledge to safely conduct flight in operating environments where 
pilot error can be immediately critical, such as in inadvertent 
instrument conditions or areas of lower visibility.
    In proposing this requirement, the FAA also notes its corresponding 
proposed permanent amendment to Sec.  61.31(a), requiring the PIC in 
powered-lift operations to hold a type rating. Because the FAA proposes 
a permanent amendment to codify the type-rating requirement for 
powered-lift pilots under part 61, the FAA also proposes that its 
amendment to Sec.  135.243(a) be permanent, rather than temporary. To 
promote consistency between the requirements for certain airplane, 
helicopter, and powered-lift PICs, and congruency between the 
requirements of parts 61 and 135, the FAA proposes to permanently add 
Sec.  135.243(a)(3) to codify the type-rating requirement for PICs of 
powered-lift during certain part 135 commuter and on-demand powered-
lift operations.
    As the FAA collects additional data and information throughout the 
SFAR period, it may further evaluate the requirements currently 
proposed. For example, the FAA expects to gather data regarding the 
industry standardization of powered-lift cockpit setup and a more 
robust understanding of powered-lift operational capabilities. When 
this information becomes available, the FAA may propose subsequent 
amendments to modify the certification standards for powered-lift PICs 
under proposed Sec.  135.243(a)(3).
    The FAA also notes that, with powered-lift newly entering the 
civilian market, PICs may be unable to initially meet the flight time 
and experience requirements for an ATP certificate.\311\ In turn, 
powered-lift PICs may not immediately possess the credentials necessary 
to participate in certain part 135 commuter operations and on-demand 
powered-lift operations. If a powered-lift PIC does not satisfy the ATP 
certificate requirements, they would be limited to conducting part 135 
on-demand operations with non-turbojet-powered powered-lift containing 
less than 10 passenger seats, until the ATP certificate requirements 
are satisfied.
---------------------------------------------------------------------------

    \311\ As noted in section V.F of this preamble, the FAA 
anticipates that pilots will not initially be able to meet the 250 
hours in a powered-lift as a PIC, or as a SIC performing the duties 
of a PIC under the supervision of a PIC, or any combination thereof.
---------------------------------------------------------------------------

    As PICs gain flight time in on-demand operations, they can obtain 
the experience necessary to satisfy the ATP certificate requirements. 
At most, the FAA expects that powered-lift PICs will gain the necessary 
flight time and experience to qualify for an ATP certificate within a 
few months,\312\ causing a minimal delay to integration of powered-lift 
into the full part 135 commuter and on-demand framework. This marginal 
delay in enabling full part 135 operations is necessary to ensure 
pilots conducting certain complex, passenger-carrying operations 
possess the appropriate experience to safely serve in this capacity.
---------------------------------------------------------------------------

    \312\ In reaching this conclusion, the FAA reasons that, if all 
other aeronautical experience and regulatory requirements are met, 
it would take an additional 200 hours of flight time as PIC in a 
powered-lift to qualify for an ATP certificate. The FAA estimates 
that pilots may fly, on average, 50 hours a month. In estimating 50 
hours a month, it would take approximately four months to satisfy 
the powered-lift specific flight time requirement for an ATP 
certificate.
---------------------------------------------------------------------------

    Lastly, the FAA notes that, in 2011, the FAA transferred the 
definitions contained in Sec.  119.3 to a new part 110.\313\ However, 
the FAA did not revise the corresponding references in Sec.  
135.243(a)(1) or Sec.  135.244(a) at that time. These sections both 
reference part 119 for the definition of ``commuter operation.'' 
Therefore, the FAA proposes a permanent change to replace the reference 
to ``part 119'' with ``part 110'' in Sec. Sec.  135.243(a)(1) and 
135.244(a).
---------------------------------------------------------------------------

    \313\ Operations Specifications, 76 FR 7482, 7483 (Feb. 10, 
2011).
---------------------------------------------------------------------------

ii. Section 135.243(b) and (c)
    Section 135.243(b) and (c) establish the minimum pilot certificate, 
ratings, and flight time that a PIC must have when conducting part 135 
VFR operations and part 135 IFR operations, respectively, except as 
specified in Sec.  135.243(a). Specifically, to serve as PIC of an 
aircraft under VFR or IFR, a person must have at least a commercial 
pilot certificate with appropriate category and class ratings and, if 
required, an appropriate type rating for that aircraft under Sec.  
135.243(b)(1) and (c)(1). Paragraphs (b)(2) and (c)(2) prescribe the 
minimum flight hour requirements for serving as a PIC under VFR and 
IFR. The experience, certificate, ratings, and flight time requirements 
delineated in Sec.  135.243(b)(1) and (2) and (c)(1) and (2) apply 
generally to pilots of an aircraft conducting operations under VFR and 
IFR. Therefore, these requirements will apply to PICs of powered-lift 
in part 135, and the FAA proposes only minor edits to paragraphs (b)(1) 
and (c)(1) to include reference to a powered-lift-specific type rating 
not limited to VFR.
    Section 135.243, paragraphs (b)(3) and (4) and (c)(3) and (4), 
however, prescribe airplane- and helicopter-specific requirements for 
instrument ratings. The regulation does not include corresponding 
requirements detailing when powered-lift PICs must hold an instrument 
rating or ATP certificate when conducting VFR or IFR operations.\314\ 
As a result, the FAA proposes to add new paragraphs (b)(5) and (c)(5) 
to impose parallel permanent requirements for powered-lift operations 
under VFR and IFR. Proposed paragraph (b)(5) would require the PIC of a 
part 135 VFR operation in a powered-lift to hold an instrument-powered-
lift rating or an ATP certificate for the powered-lift category. 
Proposed paragraph (c)(5) would require the PIC of a part 135 IFR 
operation in a powered-lift to hold an

[[Page 39014]]

instrument-powered-lift rating or an ATP certificate with a powered-
lift category. The FAA proposes these paragraphs to codify a regulatory 
framework that promotes consistency among airplane, helicopter, and 
powered-lift requirements, while simultaneously crafting rules that are 
specifically tailored to the unique operating characteristics of each 
category of aircraft.
---------------------------------------------------------------------------

    \314\ As discussed in section V.J of this preamble, a person 
must hold an instrument rating to apply for an ATP certificate. As 
such, an ATP certificate itself is evidence of an instrument rating. 
Therefore, a pilot may hold an instrument rating on a commercial 
pilot certificate or an ATP certificate as both convey instrument 
privileges.
---------------------------------------------------------------------------

    The proposed addition of paragraph (c)(5) requires similar PIC 
credentials to serve in IFR operations as that imposed for PICs 
piloting airplanes and helicopters. For IFR operations, Sec.  61.3(e) 
mandates that a PIC operating in IFR hold an instrument rating. By 
contrast, proposed paragraph (b)(5), which governs VFR operations, 
would mirror the requirements currently maintained for PICs serving in 
VFR airplane operations in part 135 rather than the requirement for VFR 
helicopter operations.
    The FAA finds that an instrument rating is necessary in VFR 
powered-lift operations to ensure the pilot has the necessary skills in 
the event of an emergency situation involving an inadvertent encounter 
with IMC. The FAA requires an instrument rating for part 135 VFR 
airplane operations \315\ because, if an airplane encounters 
inadvertent IMC, the pilot must have the necessary skills to maintain 
safe control of the airplane, coordinate with ATC, and maneuver the 
airplane to an emergency instrument approach and landing at an airport.
---------------------------------------------------------------------------

    \315\ Section 135.243(d) provides a limited exception allowing a 
PIC to conduct part 135 VFR single engine-reciprocating-powered 
airplane operations in an isolated area as determined by the 
Administrator if the operation meets the specified requirements and 
is approved in the certificate holder's operations specifications. 
The FAA approves these operations in operations specification A020, 
Airplane Operations Without Instrument Rated Pilots. As of October 
2022, there are four part 135 operators, with a total of nine 
airplanes and seven pilots, with approved operations specification 
A020. Three of these part 135 operators conduct operations in 
isolated areas of Alaska and the fourth conducts operations in an 
isolated area of Maine.
---------------------------------------------------------------------------

    Conversely, the greater maneuverability and special flight 
characteristics of a helicopter provides a helicopter pilot with more 
options for corrective actions and permits a helicopter pilot to make 
those corrective actions in less time and distance than required for 
most airplanes. Additionally, the characteristics of a helicopter 
provide significantly more emergency landing options, enabling a 
helicopter pilot to make an emergency landing at locations other than 
an airport or heliport. Therefore, a helicopter pilot has more options 
available in the event of an emergency situation with inadvertent IMC. 
These qualities allow a helicopter pilot to operate under VFR in part 
135 without an instrument rating at lower visibility and cloud 
clearance distances, while maintaining the same degree of safety as 
airplanes flying under more restrictive minima.
    The FAA anticipates that, other than necessary for takeoff and 
landing, many powered-lift will prefer to utilize lift provided by the 
wing for as long as practical in order to gain efficiencies in fuel 
consumption, speed, and range. Since powered-lift will likely operate 
similar to an airplane in cruise flight, in the event of inadvertent 
IMC, the powered-lift pilot will require more time and distance to 
escape the IMC and complete an emergency approach and landing compared 
to a helicopter. Additionally, unlike other aircraft categories, most 
powered-lift may have to transition from flight on the wing to flight 
on the rotors or other thrust devices to conduct approach and landing 
operations. The FAA expects the transition of a powered-lift from 
forward flight to vertical flight would not be instantaneous, requiring 
additional time, distance, and altitude that is unique from other 
categories of aircraft. Therefore, requiring powered-lift pilots to 
have an instrument rating during VFR operations similar to the airplane 
requirements ensures that PICs of powered-lift possess the proper 
skills to safely conduct flight in the event of an inadvertent 
encounter with IMC, where pilot error can be immediately critical.
    As an alternative to satisfying the instrument rating requirement 
in proposed paragraphs (b)(5) and (c)(5), the FAA proposes that the PIC 
may hold an ATP certificate with a powered-lift category rating. The 
requirement to hold an ATP certificate is consistent with Sec.  
61.3(e). Thus, the intent to ensure PICs possess knowledge and 
familiarity of instrument controls and conditions is similarly 
effectuated by alternatively requiring an ATP certificate, in lieu of 
an instrument rating.
    The FAA acknowledges that there may be future aircraft designs such 
that the skill, knowledge, and experience that the instrument rating 
for VFR operations otherwise brings will no longer be necessary. In 
addition, the environment where some powered-lift operations occur may 
be isolated, proving that the instrument rating for VFR operations may 
be unnecessary to maintain safety. However, until further data is 
collected through operational use and experience of powered-lift, the 
FAA proposes to maintain the instrument rating or ATP requirement for 
powered-lift PICs operating under VFR, to accord the regulation with 
the requirements imposed for airplanes.
6. Section 135.244--Operating Experience
    Section 135.244 requires a person to complete operating experience 
in the make and model of aircraft they will fly before serving as PIC 
in commuter operations. This section, through use of the term 
``aircraft,'' applies to powered-lift.\316\ However, in prescribing the 
minimum hours of operating experience required, Sec.  135.244(a) only 
contemplates single engine aircraft; multiengine, reciprocating engine-
powered aircraft; multiengine, turbine-engine powered aircraft; and 
turbojet-powered airplanes. When this section was added to the 
regulatory framework in 1980, the FAA did not forecast the use of 
powered-lift in commuter operations.\317\
---------------------------------------------------------------------------

    \316\ Update to Air Carrier Definitions, 87 FR 74995 (Dec. 7, 
2012).
    \317\ See Air Taxi Operators and Commercial Operators; Commuter 
Pilot in Command Operating Experience Requirements, 45 FR 7540, 7541 
(Feb. 4, 1980).
---------------------------------------------------------------------------

    In the 1980 final rule promulgating this section, the FAA crafted 
differing minimum hour requirements for these varying types of aircraft 
because of the ranging complexities associated with their operation. 
For example, the FAA reasoned that single-engine aircraft are generally 
simple aircraft with less complex operational dynamics. As a result, 
PICs of these aircraft comply with lesser operating experience 
requirements than that required for operating the other, more complex, 
aircraft enumerated in this section. The FAA distinguished the 
complexity of operating systems based on the aircraft's engine and 
propulsion characteristics, prescribing correspondingly greater 
operating experience requirements for increasingly complex aircraft. 
Complexity, in this regard, was informed by the aircraft's engine and 
propulsion system.
    At present, the FAA expects powered-lift to vary widely in their 
expected engine makeup and propulsion designs. Some powered-lift 
entering the market, for example, are expected to use electric engines. 
Others are expected to use multiengine turbine-engine powered 
propulsion. And, conversely, some powered-lift may utilize unique 
propulsion systems that involve distinct features and intricacies, 
unlike those typically utilized in currently available commuter 
aircraft altogether. In the absence of uniform propulsion systems and 
engine characteristics for powered-lift expected to enter the market, 
the

[[Page 39015]]

FAA cannot prescribe the operating experience requirements for powered-
lift based on the characteristics in Sec.  135.244(a)(1) through (4).
    Instead, the FAA proposes to prescribe the operating experience 
requirements based on the different handling characteristics necessary 
to pilot powered-lift and the associated complexity anticipated for 
operating these aircraft in the NAS. In support, the FAA anticipates 
the operation of powered-lift will require complex flight and handling 
qualities, including inceptors and the use of indirect flight controls. 
Powered-lift may also have different configurations, including tilt-
wing, tilt-propeller, lift plus cruise, and tilt plus cruise designs. 
These unique configurations and inceptors, and potentially diversified 
flight controls and operating characteristics, inform the FAA's 
proposal to render these aircraft more akin to multiengine turbine-
engine powered airplanes on the complexity scale, rather than their 
single-engine counterparts.\318\
---------------------------------------------------------------------------

    \318\ As discussed in section VI.A of this preamble, the FAA 
does not anticipate single-engine powered-lift to be developed 
during the term of this SFAR.
---------------------------------------------------------------------------

    For these reasons, the FAA proposes in Sec.  194.247(c) to include 
a 20-hour operating experience requirement to serve as PIC in any 
powered-lift. To facilitate this operating experience requirement, the 
FAA proposes to except powered-lift from the current operating 
experience requirements delineated in Sec.  135.244(a)(1) through (4). 
As noted above, these specific operating experience requirements do not 
adequately capture or control the expected complexity of powered-lift, 
as determined by the varying propulsion systems and engine 
characteristics.
    Nevertheless, the FAA recognizes that, at this time, it is unknown 
what engine or propulsion system will apply to the majority of powered-
lift that integrate the market. As a result, the FAA proposes to 
mandate the operating experience hour requirements for powered-lift 
PICs in the SFAR, rather than a permanent rule change. As additional 
information becomes available, the FAA may modify the 20-hour operating 
experience requirement to more precisely scale the operating experience 
to the complexity associated with operating a powered-lift.
7. Section 135.245--Second in Command Qualifications
    Section 135.245 prescribes the SIC qualifications for a pilot in 
part 135, which includes instrument currency requirements for flights 
operated under IFR. Section 135.245(a) specifies that the minimum 
requirement for an SIC of an aircraft is at least a commercial pilot 
certificate with appropriate category and class ratings and an 
instrument rating. Paragraph (b) does not require the instrument rating 
for helicopter SICs operating under VFR, except for VFR over-the-top 
operations. Paragraph (c) prescribes SIC instrument experience 
requirements for airplane and helicopter pilots. Finally, paragraph (d) 
details the framework for an SIC to reestablish instrument currency.
i. Section 135.245(a)
    Section 135.245(a) prescribes the certification requirements for 
SICs operating ``aircraft.'' This section, therefore, applies to 
powered-lift SICs without edit. Given these generally applicable 
requirements, that an SIC maintain at least a commercial pilot 
certificate with appropriate category and class ratings and an 
instrument rating, the FAA does not need to propose modifying paragraph 
(a) to accommodate the integration of powered-lift. Under the current 
regulation, a powered-lift SIC would be required to hold a commercial 
pilot certificate with a powered-lift category rating and an 
instrument-powered-lift rating.
ii. Section 135.245(b)
    Under Sec.  135.245(b), an SIC of a helicopter operated under VFR, 
other than over-the-top, must have at least a commercial pilot 
certificate with an appropriate aircraft category and class rating. 
Because the FAA proposes that powered-lift SICs comply with paragraph 
(a), the FAA does not propose changing the requirements of paragraph 
(b)--an exception to operations conducted under paragraph (a). The FAA 
recognizes that paragraph (b) may need to be amended in the future to 
accommodate powered-lift if these operations prove more congruent to 
those conducted in helicopters than currently anticipated.
iii. Section 135.245(c)
    Paragraph (c) prescribes SIC instrument experience requirements for 
airplane and helicopter pilots that operate under IFR. Specifically, 
Sec.  135.245(c)(1) requires SICs to perform six instrument approaches, 
holding procedures and tasks, and intercepting and tracking courses 
through navigational electronic systems within six calendar months 
preceding the month of a particular flight. The requirement for pilots 
to perform instrument maneuvers and procedures to maintain their 
instrument privileges is universal throughout the airman regulations. 
The FAA expects that, like helicopter and airplane SICs, some powered-
lift will also operate under IFR. Therefore, the FAA proposes to 
permanently amend paragraph (c)(1) to specifically include reference to 
powered-lift. This proposal accords the SIC instrument experience 
requirements with those imposed for SICs of airplanes and helicopters 
who serve in IFR operations.
iv. Section 135.245(d)
    Finally, Sec.  135.245(d) prescribes how an SIC can reestablish 
instrument currency. Like Sec.  135.245(a), this paragraph applies to 
all SICs who serve in IFR operations. Therefore, it applies to powered-
lift SICs as written. The FAA does not need to propose an amendment to 
modify the requirements to reestablish instrument currency to integrate 
powered-lift into the civilian market.
8. Section 135.247--Pilot Qualifications: Recent Experience
    Section 135.247 specifies the recent takeoff and landing experience 
that a PIC must complete within the preceding 90 days to carry 
passengers in an aircraft. Section 135.247(a)(1) requires the PIC to 
make three takeoffs and landings as the sole manipulator of the flight 
controls in an aircraft of the same category and class and, if a type 
rating is required, in that same type of aircraft. For operations at 
night, Sec.  135.247(a)(2) also requires the takeoffs and landings to 
have been completed at night.\319\
---------------------------------------------------------------------------

    \319\ Section 135.247(a)(2) describes night as beginning 1 hour 
after sunset and ending 1 hour before sunrise as published in the 
Air Almanac.
---------------------------------------------------------------------------

    Under Sec.  135.247(a)(3), the PIC of a turbine-powered airplane 
type-certificated for more than one pilot may complete an alternative 
to the night takeoff and landing requirements. To complete an alternate 
path, a PIC must serve as PIC of a turbine-powered airplane that is 
type-certificated for more than one pilot crewmember and comply with 
the requirements listed in the regulation. The first alternative allows 
pilots to maintain night currency through the performance of three 
takeoffs and landings to a full stop over a 6-month period. The second 
alternative allows pilots to maintain night currency through the 
performance of 6 takeoffs and landings to a full stop in a simulator 
training program approved under part 142.
    Based on the active certification projects for powered-lift, the 
FAA currently expects that a majority of powered-lift will not be type-
certificated for more than one pilot crewmember.

[[Page 39016]]

Because most powered-lift will likely require only one pilot by type 
certification, the purpose and text of Sec.  135.247(a)(3) is 
inapplicable. In addition, even for powered-lift that may require two 
pilots by type certification, the FAA expects that most powered-lift 
PICs will be unable to satisfy the 1,500 hour aeronautical experience 
requirement to qualify for this alternative approach currently 
permitted for pilots of turbine-powered airplanes type certificated for 
more than one pilot crewmember. Due to the small number of expected 
two-pilot type-certificated powered-lift, and the minimal powered-lift 
pilot experience the FAA currently expects that pilots have accrued, 
the FAA does not presently propose extending the alternative experience 
requirements in Sec.  135.247(a)(3) to powered-lift.
    Most importantly, the FAA finds that extending alternative currency 
to all powered-lift type-certificated for more than one pilot would not 
be in the interest of safety. Each powered-lift may possess different 
flight controls and operational characteristics, unlike airplanes that 
have relatively uniform flight controls and cockpit designs among each 
type. As a result, because a pilot is current in one powered-lift, does 
not necessarily translate to currency or proficiency in a different 
powered-lift. Therefore, the FAA is not proposing any amendments to 
Sec.  135.247(a)(3).
9. Section 135.293--Initial and Recurrent Pilot Testing Requirements
    As discussed in section V.G of this preamble, Sec.  135.293 
requires pilots to complete initial and recurrent knowledge testing and 
a flight competency check to serve in part 135 operations. Section 
135.293(a)(1) through (9) lists the knowledge areas for the oral or 
written test, which each pilot must pass. The knowledge areas do not 
specify airplane- or rotorcraft-specific knowledge testing, except for 
the provisions included in Sec.  135.293(a)(7) and (9).
    Specifically, Sec.  135.293(a)(7) requires knowledge testing on the 
procedures for identifying, escaping, and avoiding hazardous weather 
conditions for all aircraft. The rule excepts rotorcraft pilots from 
the requirement to be tested on escaping from low-altitude windshear 
due to the unique aerodynamic characteristics of rotorcraft, as stated 
in Sec.  135.293(a)(7)(ii). Powered-lift may not possess the same 
unique aerodynamic characteristics as rotorcraft but do share similar 
aerodynamic characteristics of airplanes. As a result, powered-lift 
pilots may encounter low-altitude windshear and, resultantly, they must 
possess the knowledge necessary to recover sufficient altitude to 
compensate for any corresponding loss of lift. Given these factors, the 
FAA is not proposing to amend Sec.  135.293(a)(7) which, as currently 
written, would similarly include powered-lift pilots in the knowledge 
testing requirements of escaping from low-altitude windshear 
conditions. This knowledge, and corresponding testing requirements, is 
equally valuable for powered-lift pilots to possess, in the event that 
they, like pilots of airplanes, encounter low-altitude windshear during 
flight.
    Similarly, Sec.  135.293(a)(9) requires testing for rotorcraft 
pilots on rotorcraft-specific procedures to ensure recognition and 
avoidance of hazardous visibility conditions. The hazardous visibility 
conditions that must be tested for rotorcraft pilots under this section 
include flat-light, whiteout, and brownout conditions. The FAA expects 
that powered-lift pilots may similarly encounter these conditions 
during flight. These conditions can be especially critical when flying 
at low altitude. For example, flat-light can give the pilot an illusion 
of ascending when the aircraft is actually flying level. Absent 
knowledge and familiarity of this phenomenon, a pilot may over-correct 
the perceived ascension and rapidly descend in altitude. This is 
particularly critical when flying in congested airspace at low altitude 
over urban or densely populated areas, like the operational environment 
expected for powered-lift. For these reasons, the FAA finds that these 
testing requirements should likewise extend to powered-lift pilots. 
Accordingly, the FAA proposes a permanent change to Sec.  
135.293(a)(9).
    Section 135.293(b) specifies the requirements for pilots to 
complete a competency check in practical skills and techniques in the 
aircraft every 12 calendar months. If a pilot serves in more than one 
aircraft type, this section also specifies that the categories and 
classes in which the pilot serves determine whether the pilot must 
complete a competency check in each aircraft type. For helicopters, 
multiengine airplanes, and turbojet airplanes, Sec.  135.293(b) 
prescribes that the check must be completed in the type of helicopter, 
multiengine airplane, or turbojet airplane in which the pilot will 
serve.\320\ Therefore, if a pilot will serve in more than one 
helicopter, multiengine airplane, or turbojet airplane, the pilot must 
complete a competency check in each aircraft type. Conversely, for 
single-engine airplanes, other than turbojet, Sec.  135.293(b) only 
requires a competency check in the specific class (i.e., single-engine 
land or single-engine sea). As such, a pilot serving in more than one 
single-engine land airplane is only required to complete one competency 
check.
---------------------------------------------------------------------------

    \320\ Section 135.293(b) contains an allowance that, if 
determined by the Administrator to have a similar means of 
propulsion, the same manufacturer, and no significantly different 
handling or flight characteristics, an airplane type for the 
purposes of Sec.  135.293(b) could be a group of airplanes. The 
Administrator has made this determination for a limited number of 
airplanes; the airplanes that the Administrator has determined fit 
into a specific group are described in FAA Order 8900.1, Volume 3, 
Chapter 19, Section 1. Absent this determination, ``type'' as 
defined in Sec.  1.1 applies.
---------------------------------------------------------------------------

    Consistent with the proposed requirement that PICs serving in part 
135 powered-lift operations hold a type rating for the aircraft flown, 
the FAA proposes that these pilots must also complete the required 
competency check in each type of powered-lift that the pilot will fly. 
This proposed requirement is consistent with the competency check 
requirements for airplanes and helicopters of similar complexity as 
powered-lift. Principally, as described in the previous discussion 
regarding Sec. Sec.  135.243 and 135.244, the use of unique 
configurations and inceptors, and potentially diversified flight 
controls and operating characteristics expected for powered-lift, 
informs the FAA's conclusion that these aircraft are more akin to 
multiengine airplanes on the complexity scale, rather than their 
single-engine counterparts. As previously noted, the FAA is not able at 
this time to identify sufficient commonality to establish class ratings 
for powered-lift. Moreover, given the powered-lift currently undergoing 
the aircraft certification process, the FAA does not anticipate it 
could reach a determination that any of the initial powered-lift would 
have a sufficiently similar means of propulsion, the same manufacturer, 
and significantly similar handling or flight characteristics. Unlike 
airplane and helicopter operations where the flight controls the pilot 
uses are generally uniform from one aircraft to the next, experience in 
category alone does not sufficiently prepare a pilot of a powered-lift. 
Ensuring the pilot has the requisite knowledge and skill in each 
powered-lift to be a competent crewmember is necessary to ensure 
safety. For these reasons, the FAA proposes to permanently revise Sec.  
135.293(b) to require pilots to complete a competency check in the type 
of powered-lift in which the pilot will serve, like that required for 
multiengine airplanes.

[[Page 39017]]

    Section 135.293(c) specifies that each competency check in a 
rotorcraft must include a demonstration of the pilot's ability to 
maneuver the rotorcraft solely by reference to instruments and maneuver 
into visual meteorological conditions (VMC) following an inadvertent 
encounter with IMC. For competency checks in non-IFR-certified 
rotorcraft, the pilot must perform such maneuvers as are appropriate to 
the installed equipment, the certificate holder's operations 
specifications, and the operating environment. The FAA added this 
requirement in response to the high number of fatal accidents that have 
resulted from helicopter inadvertent IMC encounters during VFR 
operations.\321\
---------------------------------------------------------------------------

    \321\ Air Ambulance and Commercial Helicopter Operations, Part 
91 Helicopter Operations, and Part 135 Aircraft Operations, Safety 
Initiatives and Miscellaneous Amendments, 75 FR 62640, 62668 (Oct. 
12, 2010).
---------------------------------------------------------------------------

    Some powered-lift may be used only in part 135 VFR operations, and 
the aircraft themselves may not be IFR-equipped. Consequently, powered-
lift pilots like helicopter pilots are at risk of encountering 
inadvertent IMC. These conditions may be immediately critical and may 
necessitate the powered-lift pilot to initiate emergency procedures to 
escape the inadvertent IMC. Absent proper knowledge and skill to 
initiate emergency maneuvers, compounded with the expected operation in 
congested airspace and low altitude, powered-lift pilots may lack the 
necessary handling abilities to successfully escape these conditions in 
a timely fashion. As a result, the FAA proposes to apply the Sec.  
135.293(c) evaluation requirement also to powered-lift to ensure these 
pilots possess the skills needed to handle these conditions. For 
competency checks in non-IFR-certified powered-lift, the pilot would be 
required to perform such maneuvers as are appropriate to the installed 
equipment, the certificate holder's operations specifications, and the 
operating environment.
    Notably, in 2014, when the FAA added Sec.  135.293(a)(9) and (c), 
the FAA also included specific language in Sec.  135.293(h) requiring 
compliance after April 22, 2015.\322\ Since the compliance date has 
passed, the FAA proposes a permanent change to remove the compliance 
date memorialized in Sec.  135.293(h) and reserve this paragraph.
---------------------------------------------------------------------------

    \322\ Extension of Effective Date for the Helicopter Air 
Ambulance, Commercial Helicopter, and Part 91 Helicopter Operations 
Final Rule, 79 FR 22009 (Apr. 21, 2014).
---------------------------------------------------------------------------

10. Section 135.297--Pilot in Command: Instrument Proficiency Check 
Requirements
i. Section 135.297(a) and (b)
    Section 135.297 prescribes the instrument proficiency check (IPC) 
requirements for the PIC of a part 135 IFR operation. Powered-lift 
operations were not contemplated when this rule was written. However, 
the rule applies to PICs of any part 135 IFR operation as prescribed in 
paragraph (a). Paragraph (b) specifies how often the IPC must occur and 
the kinds of approaches that must be conducted. This paragraph is also 
not category or class specific. Therefore, the requirements in Sec.  
135.297(a) and (b) would apply to powered-lift PICs in part 135 
operations as written.
ii. Section 135.297(c)
    Section 135.297(c) specifies the content and standards for an IPC 
that an airplane or helicopter PIC must meet, which corresponds to the 
minimum certificate requirements prescribed in Sec.  135.243.\323\ To 
align with the proposed requirements to serve as a PIC in part 135 
operations, and because all PICs will be expected to hold a type rating 
for the powered-lift flown, the FAA proposes that the IPC for a 
powered-lift PIC meet the same requirements as currently required for 
airplane and helicopter PICs. The FAA proposes that, if the PIC is 
required to hold an ATP certificate, then the IPC must include the 
procedures and maneuvers for an ATP certificate, consistent with the 
existing requirement for airplane PICs in Sec.  135.297(c)(1)(i). 
Furthermore, the FAA proposes that if the PIC is required to hold a 
commercial certificate, then the IPC must include the procedures and 
maneuvers for a commercial certificate with an instrument rating and 
for the type rating, consistent with the existing requirement for 
airplane and helicopter PICs in Sec.  135.297(c)(1)(ii). For these 
reasons, the FAA proposes a permanent amendment to Sec.  
135.297(c)(1)(ii) to modify the reference to ``airplane'' and 
``helicopter,'' to ``aircraft,'' to expressly include powered-lift 
within this provision.
---------------------------------------------------------------------------

    \323\ Section 135.297(c) also sets forth required content of the 
IPC including an oral or written equipment test and flight check 
under simulated or actual IFR conditions. The equipment test must 
include questions on emergency procedures, engine operation, fuel 
and lubrication systems, power settings, stall speeds, best engine-
out speed, propeller and supercharger operations, and hydraulic, 
mechanical, and electrical systems, as appropriate to powered-lift 
operations. As further described in section VI.A of this preamble, 
the FAA notes that the term ``engine'' encompasses any powered-lift 
propulsion system, such as batteries or electric motors. The flight 
check includes navigation by instruments, recovery from simulated 
emergencies, and standard instrument approaches involving 
navigational facilities which that pilot is to be authorized to use.
---------------------------------------------------------------------------

    In addition, the FAA has identified an inadvertent error in Sec.  
135.297(c)(1)(i) and proposes a permanent correction. Specifically, 
Sec.  135.297(c) delineates the procedures and maneuvers that are 
required based on whether the person is serving as a PIC under Sec.  
135.243(a) or (c). However, if the person is a PIC under Sec.  
135.243(a), Sec.  135.297(c)(1)(i) currently applies to the PIC of an 
airplane only. Consequently, if a person is serving as a helicopter PIC 
under Sec.  135.243(a), Sec.  135.297(c)(1)(i) does not state which 
procedures and maneuvers are required for the IPC. Therefore, the FAA 
proposes a permanent amendment to Sec.  135.297(c)(1)(i) to change the 
word ``airplane'' to ``aircraft,'' making the requirement applicable to 
any PIC under Sec.  135.243(a). In making this amendment, powered-lift 
PICs will also fall within the full scope of Sec. Sec.  
135.297(c)(1)(i) and 135.243(a).
iii. Section 135.297(g)
    Section 135.297(g) currently sets forth the checking requirements 
for PICs authorized to use an autopilot system in place of an SIC. In 
part, this section requires an autopilot check to be completed every 12 
months during the PIC's IPC under paragraph (a). Therefore, paragraph 
(g) applies to powered-lift PICs authorized to use an autopilot system 
in place of an SIC. Paragraphs (g)(1) and (2) specify the tasks that 
the PIC must complete during the autopilot check. Paragraph (g)(3) 
specifies the standard of proficiency that the PIC must demonstrate 
during the performance of the tasks required by paragraphs (g)(1) and 
(2). However, as currently written, paragraph (g)(3) is applicable only 
to airplane PICs. The FAA asserts that the proficiency standard is 
applicable to any PIC using an autopilot in lieu of an SIC and 
therefore is proposing a permanent change to apply paragraph (g)(3) to 
all aircraft.
    The use of the word ``aircraft'' would encompass airplanes, 
helicopters, and powered-lift in the checking requirement to show 
proficiency with autopilot systems installed on the aircraft. In 
support of this proposed amendment, the FAA notes that helicopter 
pilots that use autopilot instead of an SIC must already complete an 
autopilot check during their IPC, under paragraphs (g)(1) and (2). The 
requirements of paragraph (g)(3) would have minimal impact because 
proficiency would already have been

[[Page 39018]]

demonstrated to meet the requirements in paragraphs (g)(1) and (2).
    Furthermore, with updated avionics and technology, more helicopters 
operating under part 135 have an autopilot system installed than when 
the rule was first promulgated.\324\ Thus, advancements in technology 
now illustrate that this equipment is likewise available and in-use on 
helicopters. When an autopilot system is installed and its use is 
contemplated, the check of proficiency must be accomplished to the same 
standards all other aircraft airmen are required to satisfy. For these 
reasons, the FAA proposes permanently amending paragraph (g)(3) to 
require that if the PIC is authorized to use an autopilot system in 
place of an SIC in any aircraft, the PIC must demonstrate proficiency 
in its use. Modifying paragraph (g)(3) to require the same checking 
standard for proficiency as that required for airplane pilots will 
ensure all PICs are checked on autopilot systems to the same standard. 
To provide sufficient time for existing rotorcraft operators to update 
their checking programs, if necessary, the FAA proposes a compliance 
date of six months after the effective date of the final rule for this 
subsection.
---------------------------------------------------------------------------

    \324\ See i.e., Special Federal Aviation Regulation No. 108--
Mitsubishi MU-2B Series Airplane Special Training, Experience, and 
Operating Requirements, 73 FR 7034, 7042 (Feb. 6, 2008) (explaining 
that ``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'').
---------------------------------------------------------------------------

11. Section 135.340--Initial and Transition Training and Checking: 
Flight Instructors (Aircraft), Flight Instructors (Simulator)
    Section 135.340 prescribes initial and transition training for 
instructors in aircraft and simulators. As currently written, this 
section applies to powered-lift flight instructors. As described in 
section V.G of this preamble, the FAA is proposing a temporary 
provision to allow a part 135 operator to seek approval to establish 
and implement an airman certification training curriculum. As part of 
that temporary provision, the FAA proposes that a person must hold a 
flight instructor certificate issued under part 61 with the appropriate 
ratings to provide training for the purpose of adding a powered-lift 
category rating, type rating, or an instrument rating to a commercial 
pilot certificate under a part 135 approved training program. This 
determination is based on (1) the lack of powered-lift experience held 
by pilots completing the part 135 training program, and (2) the 
curriculum content required for the issuance of a commercial pilot 
certificate with a powered-lift category rating, type rating, and an 
instrument-powered-lift rating. Additionally, to ensure the ATP 
privileges contained in Sec.  61.167(a) are not expanded as a result of 
the SFAR, a temporary limitation that would prohibit a person who holds 
an ATP certificate with powered-lift ratings from instructing other 
pilots in accordance with an approved airman certification training 
program under part 135 for the purpose of obtaining a commercial pilot 
certificate with a powered-lift category rating or an instrument-
powered-lift rating. Together, these two provisions would ensure that a 
part 135 instructor holds a flight instructor certificate with the 
appropriate powered-lift ratings when providing the foundational part 
61 airman certification training in a powered-lift. The proposed rule 
language has been scoped to ensure that the current part 135 training 
environment is not altered by the SFAR. Accordingly, the FAA does not 
propose any amendment to Sec.  135.340.
12. Section 135.345--Pilots: Initial, Transition, and Upgrade Ground 
Training
    Section 135.345 sets forth the requirements for initial, 
transition, and upgrade ground training for pilots and includes a list 
of minimum items of instruction that must be completed as applicable to 
their duties. Currently, the regulation discusses general items that 
apply to all aircraft. However, Sec.  135.345(b)(6)(iv) requires 
training on operations during ground icing conditions for airplanes 
only if the operator authorizes takeoffs in ground icing conditions. 
The FAA is proposing that the training requirements in Sec.  
135.345(b)(6)(iv), including ground icing, deicing/anti-icing 
procedures, and surface contamination training, be required for pilots 
of powered-lift, in addition to pilots of airplanes.
    In support, the FAA reasons that powered-lift--like airplanes--may 
encounter ground icing in operations, and the pilots must be properly 
trained if the operator authorizes takeoffs in ground icing conditions. 
The FAA recognizes that aircraft icing is an aviation safety issue and, 
accordingly, knowledge of these conditions will ensure powered-lift 
pilots, like their airplane counterparts, are equipped to respond 
appropriately.\325\ Therefore, to mitigate safety risks and accommodate 
the integration of powered-lift under this section, the FAA proposes to 
apply the airplane requirements under Sec.  135.345(b)(6)(iv) to 
powered-lift.
---------------------------------------------------------------------------

    \325\ See i.e., NTSB Aviation Accident Final Report, Accident 
No. SEA07LA041 (finding probable cause of helicopter accident was 
due, in part, to ``snow and ice ingestion'').
---------------------------------------------------------------------------

    This proposed amendment is also consistent with the FAA's proposal 
to extend the airplane operational requirements under Sec.  135.227 for 
ground icing conditions to powered-lift discussed in section VI.D of 
this preamble. In proposing the amendment to Sec.  135.227, the FAA 
reasoned that some powered-lift may contain sophisticated aviation 
technology and, in turn, possess the capability to operate during 
ground icing conditions. As a result, the FAA proposes to extend Sec.  
135.345(b)(6)(iv) to conform the regulation with the training that will 
now be required under the proposed expanded scope of Sec.  135.227.

J. Part 142 Training Centers

    The FAA proposes to amend part 142 requirements for training 
centers to accommodate powered-lift. These amendments will harmonize 
requirements for airplanes, powered-lift, and rotorcraft. The 
amendments are necessary because the existing regulatory framework does 
not reflect contemporary training and checking methods. As discussed in 
section V.F above, part 142 was originally codified in 1996 to enable 
training centers to provide standardized quality training, testing, and 
checking to any individual, operator, or air carrier. The final rule 
contained requirements for conducting training in an FSTD but did not 
address powered-lift because there were no powered-lift in civil use at 
that time.
    However, in the years since part 142 was codified, significant 
technological advancements in aircraft design have occurred, including 
the development of civil use powered-lift. Along with the development 
of powered-lift, sophisticated training devices for powered-lift are 
being developed to allow for training under part 142, which is 
currently permitted for airplanes and rotorcraft. The FAA recognizes 
the value of FSTD training and seeks to provide a method to accomplish 
FSTD training for powered-lift, to enhance safety and serve the public 
interest. Therefore, the FAA proposes to amend Sec. Sec.  
142.11(d)(2)(iii), 142.47(c)(2), 142.53(b)(2) and (3), and 142.57(c) to 
permit the use of FSTDs for powered-lift training, testing, and 
checking. These amendments will also harmonize the eligibility and 
testing requirements for instructors providing inflight training in 
powered-lift as well as in an FSTD for all aircraft categories.

[[Page 39019]]

1. Subpart A--General Requirements
    Subpart A prescribes the requirements governing the certification 
and operation of training centers, and provides an alternative means to 
accomplish the training required by 14 CFR part 61, 63, 65, 91, 121, 
125, 135, or 137.
    Section 142.11 details the application requirements for issuance of 
a new or amended training center certificate and training 
specifications.\326\ Specifically, Sec.  142.11(d)(2)(iii) states that 
training specifications issued to a training center must include the 
FSTDs that the training center is authorized to use, including the 
qualification level, and the make, model, and series of airplane or 
rotorcraft being simulated in the FSTD. The FAA expects training 
centers to utilize powered-lift FSTDs for training, testing, and 
checking similar to current uses of airplane and rotorcraft FSTDs.
---------------------------------------------------------------------------

    \326\ As defined in 14 CFR 142.3, training specifications are a 
document issued to a training center certificate holder by the 
Administrator that prescribes that center's training, checking, and 
testing authorizations and limitations, and specifies training 
program requirements.
---------------------------------------------------------------------------

    Therefore, the FAA proposes amending Sec.  142.11(d)(2)(iii) to 
include powered-lift. The regulatory text would be amended to state 
that training specifications issued by the Administrator to the 
certificate holder must contain the make, model, and series of 
aircraft, or set of aircraft being simulated and the qualification 
level assigned. With this amendment, training centers would be able to 
apply for training specifications and receive authorization for the use 
of FAA qualified powered-lift FSTDs, in addition to existing airplane 
and rotorcraft requirements.
2. Subpart C--Personnel and Flight Training Equipment Requirements
    Subpart C prescribes the personnel and flight training equipment 
requirements for a certificate holder that is providing training to 
meet the requirements of part 61. Section 142.47 prescribes the 
requirements for instructors in an approved flight training course. The 
rule requires each instructor to satisfactorily complete ground 
training on the subjects identified in paragraph (c)(1) prior to 
functioning as an instructor in a course. The rule further states in 
Sec.  142.47(c)(2)(ii) that a written test is also required and must be 
of equivalent difficulty, complexity, and scope as the tests provided 
by the Administrator for the flight instructor airplane and instrument 
flight instructor knowledge tests.
    Although airplane is specified, the FAA asserts that the flight 
instructor knowledge tests for powered-lift and rotorcraft would 
provide the most comprehensive and relevant knowledge items that are 
specific to those categories of aircraft. An aircraft category-specific 
test allows the instructor to demonstrate the knowledge and expertise 
the FAA considers appropriate for a part 142 training center to provide 
for a specific category of aircraft. This is consistent with the 
original intent of part 142 to establish a quality source of 
standardized training and testing for instructors. Therefore, the FAA 
finds it is necessary to amend the rule to include these categories of 
aircraft.
    Accordingly, the FAA proposes to amend Sec.  142.47(c)(2)(ii) to 
require that a training center instructor complete a written test that 
is the equivalent difficulty, complexity, and scope as the FAA flight 
instructor and instrument flight instructor knowledge tests applicable 
to the specific category of aircraft in which the instructor will be 
qualified. The proposed amendment will ensure that powered-lift, 
airplane, and rotorcraft training center instructors are adequately 
tested and qualified, and that the test they complete contains the 
appropriate scope of material applicable to the category of aircraft in 
which they will instruct.
    Section 142.53 prescribes training center instructor training and 
testing requirements. Under paragraph (b), each instructor who 
instructs in an FFS that the FAA has approved for all training and 
testing for the ATP certification test or aircraft type rating test 
must meet one of three requirements prior to designation and every 12 
calendar months thereafter. Of these three requirements that an 
instructor may meet to satisfy Sec.  142.53(b), two of the three are 
airplane specific. Specifically, Sec.  142.53(b)(2)(i) and (b)(3)(i) 
are specific to airplanes and do not include powered-lift or 
rotorcraft. As a result, powered-lift and rotorcraft FFS instructors 
are currently limited to a single compliance option under Sec.  
142.53(b)(1), which requires FFS instructors to conduct inflight 
operations to maintain recency of experience.
    Section 142.53(b)(1) requires the instructor to perform two hours 
in flight, including three takeoffs and three landings as the sole 
manipulator of the controls of an aircraft of the same category and 
class, and, if a type rating is required, of the same type replicated 
by the approved FFS in which that instructor is designated to instruct. 
The FAA recognizes that satisfaction of this inflight experience 
requirement may pose a challenge for FFS instructors that do not hold a 
medical certificate. For those individuals, another qualified person 
would have to accompany the instructor to act as PIC in the aircraft 
because, without a medical certificate, the FFS instructor would not be 
qualified to serve as PIC. As a result, some experienced instructors 
that do not hold a medical certificate may be excluded from serving as 
an FFS instructor. The FAA's current proposal to afford FFS instructors 
additional options other than satisfying the inflight experience 
requirement provides greater flexibility for powered-lift and 
rotorcraft FFS instructors, like that provided for their airplane FFS 
instructor counterparts.
    The FAA acknowledges that inflight operations provide many training 
benefits and improve pilot confidence and competence. Pilots are able 
to maintain their skills in the actual operating environment, improve 
their decision making, maintain situational awareness, and exercise 
crew resource management. However, the FAA also considers that a line-
observation program as described in Sec.  142.53(b)(2), or an inflight 
observation program as specified in Sec.  142.53(b)(3), provide 
equivalent training and experience for FFS instructors. This allows all 
FFS instructors (regardless of ability to actively access inflight 
operations) the opportunity to be immersed in the operational 
environment. Observation programs are beneficial for airplane FFS 
instructors and the FAA asserts these programs will be equally 
beneficial for powered-lift and rotorcraft FFS instructors.
    The FAA anticipates that powered-lift FFSs will have advanced 
technology, visual cues, and be able to replicate flight to the same 
degree as current FFSs used for airplanes. The FAA believes powered-
lift instructors should have the same flexibility to comply with any of 
the three enumerated options in this section. Additionally, rotorcraft 
FFSs also incorporate advanced technology, similar to airplane FFSs, 
and mirror the airplane FFSs' visual cues and aircraft feel, and 
replicate flight of an actual rotorcraft. Therefore, the FAA proposes 
to amend paragraphs (b)(2) and (3) to change the word ``airplane'' to 
``aircraft.'' Resultantly, changing the text to aircraft enables 
powered-lift and rotorcraft instructors to complete an observation 
program in addition to the inflight training option under paragraph 
(b)(1). This provides flexibility to select the best option for 
instructors, reducing environmental impact, congestion in the NAS, and 
granting all instructors the

[[Page 39020]]

ability to participate in an approved line-observation program.
    Finally, Sec.  142.57 prescribes requirements for training center 
certificate holders and applicants that use aircraft for flight 
instruction. Paragraph (b) requires the training center certificate 
holder or applicant to ensure, in part, that aircraft used in flight 
instruction are two-place aircraft with engine power controls and 
flight controls easily reached from both pilot stations. Paragraph (c) 
provides an exception to this requirement, specifically permitting the 
training center to use an airplane where certain controls are not 
easily reached by both pilots if the certificate holder has determined 
that the flight instruction can be conducted in a safe manner.
    As currently written, paragraph (c) only applies to training 
centers using airplanes. In the NPRM published on August 11, 1992, the 
FAA's accompanying explanation for this regulation illustrates that it 
did not intend to limit the relief afforded by this paragraph to only 
airplanes. In fact, the preamble stated, ``certain uniquely configured 
aircraft can be safely operated with flight controls that do not meet 
the above standards, paragraph (c) of this proposed section would 
permit a training center to authorize the use of such aircraft upon a 
finding that flight instruction can be safely conducted in them.'' 
\327\ The FAA clearly intended for this paragraph to apply to all 
aircraft but that intent was not realized when the regulatory text used 
the word ``airplane.''
---------------------------------------------------------------------------

    \327\ Aircraft Flight Simulator Use in Pilot Training, Testing, 
and Checking and at Training Centers, 57 FR 35905 (Aug. 11, 1992).
---------------------------------------------------------------------------

    Two-place aircraft with engine power controls and flight controls 
that are not easily reached from both pilot stations are continually 
designed and manufactured; this is not unique to only airplanes. These 
aircraft are distinctly configured, and the certificate holder is in a 
position to determine whether they may be safely operated for the 
purposes of flight instruction considering the location of controls and 
operation for that specific aircraft. Therefore, the FAA continues to 
support the original intention that relief is warranted for all 
aircraft and proposes to change the word ``airplane'' in Sec.  
142.57(c) to ``aircraft.'' This amendment would allow training centers 
to utilize an airplane, powered-lift, or rotorcraft with controls not 
easily reached and operated in a conventional manner by both pilots if 
the certificate holder determines the flight instruction can be 
conducted in a safe manner considering the location of controls and 
their nonconventional operation, or both.
3. Temporary Alternate Means To Satisfy Minimum Curriculum Content in 
Training Courses Under Part 142
    As discussed previously in section V.G.1 of this preamble, some 
powered-lift may not be capable of performing all the tasks listed in 
the appropriate ACS for that practical test for the certificate or 
rating sought. The FAA proposes that if it authorizes an examiner to 
waive a specific task during the practical test because the powered-
lift is incapable of performing the task, the applicant should also be 
relieved from the requirement to receive flight training on that task. 
Therefore, in proposed Sec.  194.251, the FAA proposes that a training 
course for which approval is requested is not required to consist of 
training on a task specified in an area of operation if the powered-
lift is not capable of performing the task, provided the FAA has issued 
waiver authority for that task in accordance with Sec.  194.207(b).

K. Subpart K of Part 91 Pilot Qualifications

    Subpart K was added to part 91 in 2003 to establish criteria for 
fractional ownership programs.\328\ It allows fractional owners and the 
management company to share operational control of the aircraft and 
delineates operational control responsibilities. It also contains 
regulatory safety standards for operations under fractional ownership 
programs, including pilot training. Subpart K currently has two 
powered-lift references in Sec. Sec.  91.1001(b)(10) and 91.1053(a)(2). 
These references were included when subpart K of part 91 was codified 
to prescribe specific applicability and crew training requirements for 
fractional ownership operations.
---------------------------------------------------------------------------

    \328\ Regulation of Fractional Aircraft Ownership Programs and 
On-Demand Operations, 68 FR 54561 (Sep. 17, 2003).
---------------------------------------------------------------------------

    Section 91.1053 prescribes the FAA certification and ratings 
required to serve as a pilot in a powered-lift as part of a fractional 
ownership program and is applicable to powered-lift as written. Section 
91.1053(a)(2)(i) requires the PIC of a powered-lift to hold an ATP 
certificate and applicable type ratings to conduct operations under 
subpart k of part 91. The FAA proposes to permanently amend Sec.  
91.1053(a)(2)(i) to clarify that the type rating required cannot be 
limited to VFR only operations.
    Under the VFR only type rating proposed in section V.H of this 
preamble, a pilot may take their instrument rating practical test 
within two calendar months after they pass the type rating practical 
test in a powered-lift. However, the FAA finds that the skills and 
experience required to pass an instrument rating practical test are 
necessary to ensure safety in subpart K operations. In part, the 
instrument rating requirements necessary to pass the associated 
practical test ensure that PICs of powered-lift possess proper training 
and experience in simulated and actual instrument conditions. This is 
particularly important when considering the operating environment 
anticipated for powered-lift in subpart K operations, where pilot error 
can be immediately safety-critical when encountering IMC or areas of 
lower visibility. For these reasons, and those discussed more fully in 
support of restricting the use of a VFR only type rating in part 135 
operations above, the FAA proposes a permanent amendment to Sec.  
91.1053(a)(2)(i) to clarify that the type rating required to operate 
under subpart k of part 91 cannot be limited to VFR only operations.
    Section 91.1055 prescribes pilot operating limitations and pairing 
requirements for fixed-wing program aircraft. The regulation requires 
the PIC to execute takeoffs and landings under certain operational 
conditions when the SIC has less than 100 hours of flight time as SIC 
in the aircraft make and model and type, if a type rating is required, 
and the PIC is not an appropriately qualified check pilot. The FAA 
maintains that the familiarity required for SICs should be the same for 
powered-lift as required for fixed-wing aircraft. The crew pairing and 
operational limitations required by this section are designed to ensure 
the flightcrew possess the necessary familiarity and experience to 
safely operate the aircraft. Therefore, to ensure an appropriate level 
of safety for powered-lift, the FAA is proposing that this rule apply 
to powered-lift under the SFAR.
    Lastly, Sec.  91.1065 prescribes the initial and recurrent pilot 
testing requirements. To ensure an appropriate level of safety is 
maintained when these aircraft are operated, the FAA notes that Sec.  
91.1065(b) applies to each type of anticipated powered-lift because 
this section currently applies to the type of multiengine aircraft, 
turbojet airplane, or rotorcraft. As described in section VI.A of this 
preamble, all powered-lift coming to market are multiengine aircraft, 
and the FAA does not anticipate civil single-engine powered-lift to be 
developed during the term of this SFAR. As such, in accordance with

[[Page 39021]]

existing Sec.  91.1065(b), PICs and SICs of powered-lift fractional 
ownership program operations must complete a competency check in each 
type of powered-lift in which the pilot will serve every 12 calendar 
months. Accordingly, the FAA is not proposing any amendments to Sec.  
91.1065(b).
---------------------------------------------------------------------------

    \329\ As discussed in section V.F of this preamble, this 
proposal would not alter the current part 135 training environment. 
A part 135 instructor would only be required to hold a flight 
instructor certificate with powered-lift ratings to conduct training 
in the part 135 operator's airmen certification curriculum proposed 
in Sec.  194.243(a).
    \330\ A person holding a private pilot certificate is not 
required to remove the ``VFR Only'' limitation if the limitation 
applies to a powered-lift type that is not a large aircraft or 
turbojet-powered.
---------------------------------------------------------------------------

L. Summary of Proposed Regulatory Changes for Airmen

                                                Table 8--Summary of Proposed Temporary Provisions in SFAR
--------------------------------------------------------------------------------------------------------------------------------------------------------
                         14 CFR Sec.                                            Proposed SFAR Sec.
       Topic               affected                Current requirement                                Summary of proposed alternate requirement in SFAR
--------------------------------------------------------------------------------------------------------------------------------------------------------
Cross-country time   61.1(b)               To log cross-country time    194.201              Allows a person to log cross-country time
                                           in a powered-lift, the flight must                        in a powered-lift when the flight includes at least
                                           include at least a straight-line                          a straight-line distance of more than 25 nautical
                                           distance of more than 50 nautical                         miles.
                                           miles.
Qualification        61.3(d)(2)            To instruct in a powered-    194.203(b)           Requires a person to hold a flight
 requirements for    61.3(d)(3)(ii)        lift under a part 135 approved       194.205              instructor certificate with the appropriate powered-
 part 135 flight     61.167(a)(2)          training program, a person must      194.243(a)(1)        lift ratings to conduct training in accordance with
 instructors         61.195(b)(1)          hold either a flight instructor                           a part 135 approved training curriculum that
                                           certificate or an ATP certificate                         culminates in a commercial pilot certificate with a
                                           with the appropriate powered-lift                         powered-lift category rating, an instrument-powered-
                                           ratings.                                                  lift rating, and an initial powered-lift type
                                                                                                     rating.\329\
Practical tests in   61.45(b)              An applicant for a           194.207(a) and (b)   Allows an examiner who conducts a practical
 powered-lift that                         certificate or rating may use an                          test in a powered-lift that is unable to perform
 are incapable of                          aircraft with operating                                   all the tasks required for the practical test to
 performing certain                        characteristics that preclude the                         waive any task for which the FAA has provided
 tasks                                     applicant from performing all the                         waiver authority and enables the issuance of
                                           tasks required for the practical                          powered-lift ratings without limitations.
                                           test, but the certificate or rating
                                           will be issued with an appropriate
                                           limitation.
Flight training on   61.107(a), (b)(5)     An applicant for a private   194.207(c);          Relieves an applicant from the requirement
 tasks for which     61.127(a), (e)        pilot certificate or a commercial     194.251             to receive flight training on a task specified in
 the FAA has                               pilot certificate with a powered-                         an area of operation if the task cannot be
 provided waiver                           lift category rating must receive                         performed in the powered-lift, as determined by the
 authority                                 flight training on the areas of                           FAA's issuance of waiver authority for the task on
                                           operation listed in Sec.                                  a practical test.
                                           61.107(b)(5) or Sec.   61.127(e),
                                           as appropriate to the certificate
                                           sought.
Additional           61.55                 A person serving as SIC of   194.209              Adds an SIC qualification requirement for
 qualification                             an aircraft type certificated for                         persons who obtain a powered-lift category rating
 requirements for                          more than one required pilot flight                       by passing a practical test during which the
 certain pilots                            crewmember or in operations                               examiner waived a required task. To serve as SIC of
 serving as SIC                            requiring an SIC pilot flight                             a powered-lift that is capable of performing the
                                           crewmember must meet the                                  waived task, the person must receive training from
                                           qualification requirements                                an authorized instructor on the task and an
                                           contained in Sec.   61.55.                                endorsement certifying that the person has
                                                                                                     satisfactorily demonstrated proficiency of the
                                                                                                     task, subject to certain exceptions.
Eligibility          61.63(d) and (e)      An applicant seeking an      194.211              Relieves an applicant seeking a powered-
 requirements for a                        aircraft type rating concurrently                         lift type rating concurrently with a powered-lift
 person seeking a                          with an aircraft category rating                          category rating from the requirement to
 powered-lift type                         must hold or concurrently obtain an                       concurrently obtain an instrument-powered-lift
 rating                                    appropriate instrument rating                             rating, which would require three practical tests
                                           unless the aircraft is not capable                        simultaneously. Instead, allows the applicant to
                                           of instrument maneuvers and                               complete the instrument rating practical test and
                                           procedures.                                               the instrument portion of the type rating practical
                                                                                                     test later by issuing a ``VFR only'' limitation on
                                                                                                     the powered-lift type rating, which would remain
                                                                                                     valid for 2 calendar months.\330\

[[Page 39022]]

 
Aeronautical         61.129(e)             Section 61.129(e) contains   194.215; 194.217     Establishes alternate experience and
 experience and      61.51(e)              the aeronautical experience           through 194.223;    logging requirements that remove current regulatory
 logging                                   requirements for a person seeking a   194.233             burdens and facilitate commercial pilot
 requirements for a                        powered-lift category rating on a                         certification in the powered-lift category for the
 commercial pilot                          commercial pilot certificate.                             following groups of pilots: (1) test pilots and
 certificate with a                        Section 61.51(e) contains the                             instructor pilots, (2) initial cadre of instructors
 powered-lift                              requirements for logging PIC flight                       for an approved training program under part 135,
 category rating                           time.                                                     141, or 142, and (3) persons completing an approved
                                                                                                     training program under part 135, 141, or 142.
                                                                                                     See Tables 2, 3, and 4 in section V.E of
                                                                                                     this preamble for additional information.
Aeronautical         61.65(f)              Section 61.65(f) contains    194.215; 194.225     Establishes alternate experience and
 experience and      61.51(e)              the aeronautical experience           through 194.231;    logging requirements that remove current regulatory
 logging                                   requirements for a person seeking     194.235             burdens and facilitate the ability to obtain an
 requirements for                          an instrument-powered-lift rating.                        instrument-powered-lift rating for the following
 an instrument-                            Section 61.51(e) contains the                             groups of pilots: (1) test pilots and instructor
 powered-lift                              requirements for logging PIC flight                       pilots, (2) initial cadre of instructors for an
 rating                                    time.                                                     approved training program under part 135, 141, or
                                                                                                     142, and (3) persons completing an approved
                                                                                                     training program under part 135, 141, or 142
                                                                                                     See Tables 5, 6, and 7 in section V.E. of
                                                                                                     this preamble for additional information.
Cross-country        61.109(e)(2)(i),      Requires an applicant for a  194.237              Establish alternate cross country
 aeronautical         (e)(5)(ii)           private pilot certificate with a                          experience requirements that allow an applicant for
 experience                                powered-lift category rating to                           a private pilot certificate with a powered-lift
 requirements for a                        complete (1) a cross-country flight                       category rating to complete certain cross-country
 private pilot                             of over 100 nautical miles total                          flights with reduced nautical mile distances.
 certificate with a                        distance, and (2) a solo cross-
 powered-lift                              country flight of 150 nautical
 category rating                           miles total distance with one
                                           segment of the flight consisting of
                                           a straight-line distance of more
                                           than 50 nautical miles.
PIC and SIC          91.1055(a)            Requires SIC of a fixed-     194.245(a)           Applies fixed-wing program aircraft pairing
 operating                                 wing program aircraft with fewer                          requirement to SICs operating powered-lift.
 limitations and                           than 100 hours of flight time as
 pairing                                   SIC flying in the aircraft make and
 requirement in                            model and, if a type rating is
 part 91, subpart                          required, in the type aircraft
 K, operations                             being flown, to have the PIC, if
                                           not an appropriately qualified
                                           check pilot, make all takeoffs and
                                           landings in the situations listed
                                           in paragraphs (a)(1) and (2).
Commuter operations  135.3(b)              Requires certificate         194.247(b)           Adds a requirement for certificate holders
 with airplanes                            holders that conduct commuter                             conducting commuter operations under part 135 with
 requiring two                             operations under part 135 with                            powered-lift requiring two pilots by the aircraft
 pilots by type                            airplanes in which two pilots are                         flight manual to comply with subpart Y of part 121,
 certification                             required by type certification                            the Advanced Qualification Program (AQP). PICs
                                           rules of chapter I to comply with                         would also be required to receive other
                                           subparts N and O of part 121,                             instruction, facilitated discussion, and training,
                                           instead of subparts E, G, and H of                        including scenario-based training, as part of their
                                           part 135.                                                 initial, recurrent, and upgrade ground training.
PIC operating        135.244(a)(1)         Requires PIC in commuter     194.247(c)           Makes operating experience requirements in
 experience           through (4)          operations to complete the                                paragraphs (a)(1) through (4) inapplicable to
 requirements in                           applicable operating experience                           powered-lift PICs and establishes 20-hour PIC
 commuter                                  listed in paragraphs (a)(1) through                       operating experience requirement in each make and
 operations                                (4) in the make and basic model of                        basic model of powered-lift to be flown.
                                           aircraft to be flown.

[[Page 39023]]

 
Initial,             135.345(b)(6)(iv)     Requires initial,            194.247(d)           Establishes that initial, transition, and
 transition, and                           transition, and upgrade ground                            upgrade ground training under Sec.   135.345 for
 upgrade ground                            training for pilots for each                              powered-lift pilots must include instruction in
 training for                              aircraft type to include knowledge                        Sec.   135.345(b)(6)(iv), as applicable.
 pilots                                    and procedures for operating
                                           airplanes during ground icing
                                           conditions, including the areas
                                           listed in paragraphs (b)(6)(iv)(A)
                                           through (G), if the certificate
                                           holder expects to authorize
                                           takeoffs in ground icing
                                           conditions.
Pilot certification  N/A                   No current requirement.      194.243              Allows part 119 certificate holders
 through completion                                                                                  authorized to conduct part 135 operations to
 of training,                                                                                        establish and implement certain training
 testing, and                                                                                        curriculums to satisfy training and experience
 checking under                                                                                      requirements by facilitating alternate eligibility
 part 135                                                                                            standards for pilots who may be trained under such
                                                                                                     curricula and using competency checks and
                                                                                                     proficiency checks required by part 135 to satisfy
                                                                                                     practical test requirements.
Qualification        141.35(a)(1)          Requires a chief             194.241(a)           Relieves persons seeking designation as a
 requirements for    141.36(a)(1)          instructor, assistant chief                               chief instructor, assistant chief instructor, or
 chief instructors,  141.37(a)(2)(ii)      instructor, and a check instructor                        check instructor (for checks and tests that relate
 assistant chief                           (for checks and tests that relate                         to flight training) in a course of training for a
 instructors, and                          to a flight training course) to                           powered-lift from the requirement to hold a class
 check instructors                         hold (1) a commercial pilot                               rating on the pilot certificate and flight
                                           certificate or ATP certificate with                       instructor certificate.
                                           the appropriate aircraft category
                                           and class ratings, and (2) a flight
                                           instructor certificate with the
                                           appropriate category and class
                                           ratings.
Qualification        141.37(a)(3)(ii)      Requires a check instructor  194.241(b)           Relieves persons seeking designation as a
 requirements for                          (for checks and tests that relate                         check instructor (for checks and tests that relate
 check instructors                         to ground training) to hold ground                        to ground training) in a course of training for a
 for checks and                            instructor certificate or a flight                        powered-lift from the requirement to hold a class
 tests that relate                         instructor certificate with the                           rating on the flight instructor certificate.
 to ground training                        appropriate category and class
                                           ratings.
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                 Table 9--Summary of Proposed Permanent Changes
----------------------------------------------------------------------------------------------------------------
            Provision                   14 CFR Sec.                    Summary of proposed provision
------------------------------------------affected--------------------------------------------------------------
Certificates and ratings issued    61.5(b)(7)              Adds powered-lift to the list of aircraft
 under part 61.                                            type ratings that may be placed on a pilot
                                                           certificate when an applicant satisfactorily
                                                           accomplishes the training and certification
                                                           requirements for the rating sought.
                                                           Relocates the SIC pilot type rating from the
                                                           list of aircraft type ratings to an independent
                                                           provision.
Type rating requirements.........  61.31(a)                Adds powered-lift to the list of aircraft for
                                                           which a PIC must hold a type rating.
SIC qualifications...............  61.55(a)                Adds a provision to cross-reference the
                                                           proposed SIC qualification requirements in the SFAR
                                                           that would apply only to persons seeking to serve as
                                                           SIC of a powered-lift that is capable of performing
                                                           tasks that the person was never trained or tested on.
Additional aircraft ratings......  61.63(h)                Removes provisions that enable a pilot to
                                   61.165(g)               apply for a category and class rating that is limited
                                                           to a specific make and model of experimental aircraft
                                                           based on flight time that was logged between
                                                           September 1, 2004, and August 31, 2005. Because
                                                           persons have had over 15 years to obtain a limited
                                                           rating under these provisions, FAA anticipates that
                                                           these provisions are obsolete.
Clarification of Requirements for  61.39(a)(iii);          Adds a provision to make clear that a person
 a Practical Test in an Aircraft    61.43(g); 61.47(d)     may not furnish an aircraft that requires a type
 Requiring a Type Rating.                                  rating (or a FSTD representing an aircraft requiring
                                                           a type rating) for the practical test without seeking
                                                           a type rating for that aircraft.
Use of an FFS or FTD.............  61.64(e), (f)           Requires a person completing the entire
                                                           practical test in a Level C or higher FFS to obtain a
                                                           powered-lift type rating with a PIC limitation unless
                                                           the person has 500 hours of flight time in the type
                                                           of powered-lift.

[[Page 39024]]

 
Private Pilot Aeronautical         61.109(e)(5)            Requires a person seeking a powered-lift
 experience: Powered-lift                                  category rating on a private pilot certificate to
 category rating.                                          obtain 10 hours of solo flight time in a powered-
                                                           lift.
ATP Aeronautical experience:       61.163(c)               Permits flight time logged under SIC PDP to
 Powered-lift category rating.                             be credited towards 1,500 hours of total time
                                                           required for an ATP certificate with a powered-lift
                                                           category rating.
ATP privileges and limitations...  61.167(a)(2)            Adds reference to the ATP experience
                                                           requirements of Sec.   61.163 to enable a person who
                                                           holds an ATP certificate with a powered-lift category
                                                           rating to have instructional privileges consistent
                                                           with those afforded to ATP certificate holders with
                                                           airplane and helicopter ratings.
Crewmember experience and minimum  91.1053(a)(2)(i)        Requires that type rating for PIC operating
 equipment list requirements for   91.1115(b)(1)           powered-lift in program operations under subpart K of
 program aircraft.                                         part 91 not be limited to VFR only.
                                                           Adds powered-lift and other aircraft to
                                                           regulation prescribing instruments and equipment that
                                                           may not be included in the Minimum Equipment List.
PIC qualifications for certain     135.243(a)              Adds requirement to hold an ATP certificate
 part 135 passenger-carrying                               with a powered-lift category rating and an
 operations.                                               appropriate type rating not limited to VFR for that
                                                           powered-lift, when serving as PIC in: (1) on-demand
                                                           passenger-carrying turbojet-powered powered-lift
                                                           operations; (2) on-demand operations in a powered-
                                                           lift having a passenger seating configuration,
                                                           excluding crewmember seats, of ten or more; and (3)
                                                           powered-lift commuter operations other than turbojet-
                                                           powered powered-lift.
PIC qualifications to conduct VFR  135.243(b) and (c)      Requires the PIC of a part 135 VFR operation
 and IFR operations under part                             in a powered-lift to hold a commercial pilot
 135.                                                      certificate with appropriate category ratings, an
                                                           appropriate type rating not limited to VFR, and an
                                                           instrument-powered-lift rating or an ATP certificate
                                                           with a powered-lift category rating.
                                                           Requires the PIC of a part 135 IFR operation
                                                           in a powered-lift to hold a commercial pilot
                                                           certificate with appropriate category ratings, a type
                                                           rating for the aircraft not limited to VFR, and an
                                                           instrument-powered-lift rating or an ATP certificate
                                                           with a powered-lift category rating.
SIC qualifications under part 135  135.245(c)              Adds requirements for maintaining instrument
                                                           experience for powered-lift SICs that operate under
                                                           IFR.
Initial and recurrent pilot        135.293(a)(9), (b),     Adds testing requirement for powered-lift
 testing requirements in part 135   and (c)                pilots on specific procedures to recognize and avoid
 operations.                                               hazardous visibility conditions.
                                                           Adds competency check requirement to be
                                                           conducted in the type of powered-lift in which the
                                                           pilot will serve.
                                                           Requires competency check in a powered-lift
                                                           to include a demonstration of the pilot's ability to
                                                           maneuver the powered-lift solely by reference to
                                                           instruments; safely maneuver the powered-lift into
                                                           VMC following an inadvertent encounter with IMC; and,
                                                           for non-IFR-certificated powered-lift, requires
                                                           performance of maneuvers appropriate to the powered-
                                                           lift's installed equipment, the certificate holder's
                                                           operations specifications, and the operating
                                                           environment.
PIC instrument proficiency check   135.297(c)(1), (g)(3)   Modifies instrument proficiency check
 requirements under part 135.                              requirements to align powered-lift, rotorcraft, and
                                                           airplane PIC IPC requirements.
                                                           Modifies PIC IPC requirements when using
                                                           autopilot instead of an SIC in powered-lift and
                                                           rotorcraft, to align with IPC requirements when using
                                                           autopilot instead of an SIC in an airplane.
Training center certificate        142.11(d)(2)(iii)       Adds training specification requirements for
 holder training specifications.                           powered-lift flight simulators and flight training
                                                           devices.
Training center instructor         142.47(a)(5)(ii) and    Adds requirement that instructors providing
 eligibility requirements.          (c)(2)(ii)             instruction in flight simulators or flight training
                                                           devices that represent aircraft requiring a type
                                                           rating, or in a curriculum leading to an ATP
                                                           certificate or adding a rating to an ATP certificate,
                                                           meet the aeronautical experience requirements of Sec.
                                                             61.159, Sec.   61.161, or Sec.   61.163.
                                                           Clarifies scope of knowledge tests that
                                                           instructors must satisfactorily complete.
Training center instructor         142.53(b)(2)(i) and     Adds allowance for instructors instructing in
 training and testing               (b)(3)(i)              a flight simulator for an ATP certificate or type
 requirements.                                             rating to meet one of three requirements.
Flight instruction aircraft        142.57(c)               Adds exception for training centers to use
 requirements for training                                 aircraft with controls not easily reached from both
 centers.                                                  pilot stations if the certificate holder determines
                                                           the flight instruction can be conducted in a safe
                                                           manner.
----------------------------------------------------------------------------------------------------------------

VI. Operational Rules for Powered-Lift

A. Introduction

    The following sections detail the operational rules that the FAA 
proposes to apply to powered-lift under the SFAR. Through the proposed 
SFAR, the FAA would provide a pathway to integrate powered-lift 
operations into parts 91, 97, 135, and 136. The FAA proposes to apply 
specific airplane, rotorcraft, and helicopter rules to powered-lift as 
appropriate.\331\
---------------------------------------------------------------------------

    \331\ The FAA notes that there are some inconsistencies in how 
FAA regulations currently refer to ``rotorcraft'' versus 
``helicopter.'' In this preamble, the FAA references the term that 
is currently used in each regulation. In the future, the FAA may 
propose standardizing the use of ``rotorcraft'' or ``helicopter.''
---------------------------------------------------------------------------

    Currently, parts 43, 91, 97, 135, and 136 contain certain 
provisions applicable to aircraft, generally, and do

[[Page 39025]]

not specify applicability to a particular kind of aircraft (e.g., 
airplane, rotorcraft, or powered-lift). Accordingly, these provisions 
are already applicable to powered-lift because powered-lift meet the 
definition of aircraft in Sec.  1.1. In order to mitigate the safety 
gaps that exist due to the absence of operational regulations 
specifically applicable to powered-lift, the FAA proposes, through the 
SFAR, to apply specific airplane, rotorcraft, and helicopter rules 
contained in parts 43, 91, 97, 135, and 136 to powered-lift as 
appropriate. The FAA conducted a comprehensive review of the 
operational rules, taking into consideration the anticipated 
capabilities of powered-lift and the lack of operational data. Each 
rule was evaluated to determine whether the airplane or the rotorcraft/
helicopter provisions would maintain a level of safety for powered-lift 
operations as is provided in the current rules. Based on this review, 
the FAA asserts that the proposed provisions will maintain an 
equivalent level of safety for operations conducted in powered-lift to 
those conducted in airplanes, rotorcraft, or helicopters.
    In conducting its analysis, the FAA noted the hybrid nature of the 
performance characteristics for powered-lift and reviewed the rules 
that explicitly state airplane, rotorcraft, and helicopter. Powered-
lift have the ability to takeoff and land vertically like helicopters, 
but also fly similar to an airplane. The FAA anticipates some powered-
lift may also be capable of conducting takeoff and landing operations 
that depend on wing-borne lift, similar to an airplane. The FAA also 
anticipates powered-lift operators will maximize the aircraft's unique 
characteristics to conduct a range of different operations. These 
operations will likely include low speed, short distance, and short 
duration flights typically flown in helicopters; as well as longer, 
faster, and higher altitude flights typically flown by airplanes. The 
FAA reasons that while powered-lift have a range of performance 
characteristics, the majority of the powered-lift flight time will be 
during cruise operations. Moreover, when operating similar to a 
helicopter, powered-lift may have substantial differences in 
performance, transition times, and methods; and vary in their ability 
to sustain hover, land at a heliport, or execute copter approaches. The 
FAA acknowledges that the capability of every powered-lift may not be 
captured or accommodated by the SFAR. However, the SFAR is a temporary 
regulatory structure that allows the FAA time to draft permanent rules. 
Ultimately, the FAA proposes rules it considers appropriate for 
powered-lift based on risk and available data. The FAA seeks comment on 
this approach for operational rules as temporarily applied to powered-
lift.
1. Aircraft References and Other Definitions in Section 1.1
    As discussed previously, the regulations under title 14 of the Code 
of Federal Regulations that reference ``aircraft'' currently apply to 
powered-lift. As a result, the FAA generally does not address 
regulations pertaining to aircraft within the operational section of 
this preamble. The FAA analyzed regulations that reference airplane, 
rotorcraft, aircraft with propellers or rotors, helicopter, powerplant, 
and engine to determine which of those regulations should apply to 
powered-lift, in addition to the requirements already applicable to 
``aircraft.''
    To enable powered-lift to conduct extended overwater operations and 
to use heliports in those operations, the FAA proposes to apply the 
``extended over-water operation'' and ``heliport'' definitions in Sec.  
1.1 to powered-lift. ``Extended over-water operation'' for helicopters 
is defined as ``an operation over water at a horizontal distance of 
more than 50 nautical miles from the nearest shoreline and more than 50 
nautical miles from an off-shore heliport structure.'' Section 1.1 
defines ``heliport'' as ``an area of land, water, or structure used or 
intended to be used for the landing and takeoff of helicopters.'' The 
FAA recognizes that it has published interim guidance for vertiport 
design, and industry is seeking use of existing infrastructure, 
including heliports. The FAA is evaluating whether these structures 
could be used with modification. The FAA proposes to enable operations 
using heliports and solicits comments from industry on the viability of 
this proposal. The FAA discusses this proposal in more detail in 
sections VI.B and VI.D of this preamble.
2. Powerplant and Engine References
    Within the operational rules of this SFAR, the FAA generally does 
not impose requirements based on the powerplant of the powered-lift. 
For example, where a regulation refers to an aircraft powered by 
turbines, the FAA takes the approach that such regulations should apply 
to all powered-lift. The FAA anticipates that certain powerplants, such 
as electric motors, may have equal or better performance in comparison 
to internal combustion engines, which could lead to higher performance 
capabilities, so in an abundance of caution, the FAA is generally 
taking a more conservative approach and requiring that certain 
operating regulations apply to all powered-lift, regardless of 
powerplant. There are, however, some regulations where the FAA proposes 
to apply certain regulations based on powerplant because those 
regulations contain factors other than performance which trigger the 
applicability of that particular regulation (e.g., the regulation is 
powerplant specific to maintain the intent for noise abatement in 
certain classes of airspace). In those instances, the FAA explains why 
it proposes to retain the powerplant reference.
    Notably, as stated in section V.J of this preamble, at present, the 
FAA does not anticipate the introduction of turbojet-powered powered-
lift into the civilian market. The FAA recognizes that in the Update to 
Air Carrier Definitions NPRM, the FAA proposes amendments to 
definitions to distinguish between powered-lift that are turbojet-
powered and those that are not for purposes of forecasting an 
operational framework based on aircraft performance. The FAA also 
references turbojet-powered powered-lift for purposes of proposing an 
airman certification framework for pilots of those aircraft; however, 
due to the lack of turbojet-powered powered-lift expected to enter the 
civilian market during the term of this SFAR, it is appropriate for the 
operating regulations to generally remain powerplant neutral at this 
time.
    This proposed rule refers to powered-lift electric motors as 
``engines.'' The FAA has previously determined that it is appropriate 
to use the term ``engine'' for powered-lift electric motors to remain 
consistent with regulatory references to ``engines'' and to ensure the 
appropriate regulations apply to powered-lift.\332\ In addition, the 
FAA does not impose requirements specifically for ``multiengine'' 
powered-lift, even though many regulations within parts 91, 135, and 
136 reference ``multiengine'' airplanes and aircraft.\333\ The FAA 
acknowledges that currently all civil powered-lift coming to market are 
multiengine aircraft, and it does not anticipate civil single-engine 
powered-lift to be developed during the term of this SFAR. Accordingly, 
to reduce redundancy and to ensure the

[[Page 39026]]

regulations apply as intended, the FAA applies multiengine regulations 
to all powered-lift.
---------------------------------------------------------------------------

    \332\ The FAA issued the first special conditions for an 
electric engine in September 2021. See Special Conditions: magiX 
USA, Inc., magni350 and magni650 Model Engines; Electric Engine 
Airworthiness Standards, 86 FR 53508 (Sep. 27, 2021).
    \333\ See, e.g., Sec. Sec.  91.501 (applying the operational 
requirements of subpart F to turbine-powered multiengine airplanes) 
and 135.152 (requiring FDRs on certain multiengine, turbine-engine 
powered airplanes).
---------------------------------------------------------------------------

3. Flight Modes
    The operational rules of this SFAR refer to two flight modes: wing-
borne flight mode and vertical-lift flight mode. Wing-borne flight mode 
refers to powered-lift that are operating more like traditional 
airplanes, which use a wing to generate lift and depend exclusively or 
partially on nonrotating airfoil(s) for lift during takeoff, landing, 
or horizontal flight. Vertical-lift flight mode refers to powered-lift 
that are operating like traditional rotorcraft, which are capable of 
vertical takeoff, vertical landing, and low speed flight; and depend 
principally on engine-driven lift devices or engine thrust for lift.
4. Incorporation by Reference
    Incorporation by reference (IBR) is a mechanism that allows Federal 
agencies to comply with the requirements of the Administrative 
Procedure Act to publish rules in the Federal Register and the CFR by 
referring to material published elsewhere.\334\ Material that is 
incorporated by reference has the same legal status as if it were 
published in full in the Federal Register. The standards referenced in 
this rule include technical information and specifications for 
equipment and capabilities required to meet terrain awareness and 
warning systems and helicopter terrain awareness and warning systems.
---------------------------------------------------------------------------

    \334\ See 5 U.S.C. 552(a) and 1 CFR part 51.
---------------------------------------------------------------------------

    The standards referenced in Sec. Sec.  194.109, 194.302, 194.307, 
and 194.308 of this proposed rule are proposed to be incorporated by 
reference with the approval of the Director of the Office of the 
Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51.
    1. TSO-C194, Helicopter Terrain Awareness and Warning System (Dec. 
17, 2008). This TSO contains the minimum performance standards the 
helicopter terrain awareness and warning system must meet for approval 
and identification with the TSO marking. It may be obtained from the 
U.S. Department of Transportation, Subsequent Distribution Office, DOT 
Warehouse M30, Ardmore East Business Center, 3341 Q 75th Avenue, 
Landover, MD 20785; telephone (301) 322-5377. It is also available on 
the FAA's website at www.faa.gov/aircraft/air_cert/design_approvals/tso/. Select the link ``Search Technical Standard Orders.''
    2. Section 2, Equipment Performance Requirements and Test 
Procedures, of RTCA DO-309, Minimum Operational Performance Standards 
(MOPS) for Helicopter Terrain Awareness and Warning System (HTAWS) 
Airborne Equipment (Mar. 13, 2008). Section 2 of RTCA DO-309 contains 
the equipment performance requirements and test procedures for 
Helicopter Terrain Awareness and Warning Systems. It may be obtained 
from RTCA, Inc., 1150 18th St. NW, Suite 910, Washington, DC 20036; 
telephone (202) 833-9339; website: www.rtca.org/products.
    In accordance with 5 U.S.C. 552(a) and 1 CFR part 51,\335\ all 
approved materials are available for inspection at the FAA's Office of 
Rulemaking, 800 Independence Avenue SW, Washington, DC 20590 (telephone 
(202) 267-9677).
---------------------------------------------------------------------------

    \335\ 5 U.S.C. 552(a) requires that matter incorporated by 
reference be ``reasonably available'' as a condition of its 
eligibility. Further, 1 CFR 51.5(a)(1) requires that agencies 
seeking to incorporate material by reference discuss in the preamble 
of the proposed rule the ways that the material it is incorporating 
by reference is reasonably available to interested parties and how 
interested parties can obtain the material.
---------------------------------------------------------------------------

B. Part 91 Rules for Powered-Lift

    Part 91 prescribes flight rules governing the operation of aircraft 
within the U.S., including the waters within 3 nautical miles of the 
U.S. coast.\336\ Part 91 establishes broad requirements for aircraft 
operators, aircraft equipment, and aircraft maintenance, and 
specifically references powered-lift in subpart K. The references to 
powered-lift were added to part 91 in 2003 as part of the fractional 
ownership amendments.\337\ At the time of the fractional ownership 
amendments to part 91, the FAA did not consider it necessary to address 
powered-lift throughout part 91 because powered-lift were not available 
for civil operations. As a result, powered-lift were not included as a 
type of aircraft in part 91, and the part 91 operational rules that are 
based on category or class of aircraft do not apply to powered-lift.
---------------------------------------------------------------------------

    \336\ The FAA notes that in addition to part 91 regulating the 
operation of aircraft within 3 nautical miles of the U.S. coast, 
certain part 91 regulations apply to persons operating aircraft over 
waters between 3 and 12 nautical miles from the U.S. coast. See 14 
CFR. 91.1(b).
    \337\ Regulation of Fractional Aircraft Ownership Programs and 
On-Demand Operations; Final Rule, 68 FR 54520 (Sep. 17, 2003).
---------------------------------------------------------------------------

    The FAA limits the scope of this SFAR to include only the relevant 
operational rules in 14 CFR part 91, subparts A through H \338\ and K. 
Applying the specific airplane or helicopter rules from these subparts 
will provide an appropriate level of safety for powered-lift 
operations. Regulations from subparts I, J, L, M, and N \339\ are not 
addressed in this SFAR because they apply to aircraft generally, and 
thus already apply to powered-lift, or because they apply to a distinct 
class of aircraft to which powered-lift do not belong.
---------------------------------------------------------------------------

    \338\ Subparts A through H address general operating rules 
flight rules; equipment instrument and certificate requirements; 
special flight operations, maintenance, preventive maintenance and 
alteration, large and turbine-powered multiengine airplanes and 
fractional ownership program aircraft; and additional equipment and 
operating requirements for large and transport category aircraft, 
respectively.
    \339\ See subpart I, Operating Noise Limits; subpart J, Waivers; 
subpart L, Continued Airworthiness and Safety Improvements; subpart 
M, Special Federal Aviation Regulations; and subpart N, Mitsubishi 
MU-2B Series Special Training, Experience, and Operating 
Requirements.
---------------------------------------------------------------------------

    The discussion that follows explains the proposed application of 
specific part 91 regulations to powered-lift, as reflected by the 
tables contained in proposed Sec. Sec.  194.302 and 194.303. These 
provisions are organized by subpart in the rule. As an additional note, 
Sec.  91.905 has a list of specific regulations that are subject to 
waiver, as described in Sec.  91.903. Powered-lift operators may also 
apply for waivers from those provisions if they cannot comply with the 
requirements subject to waiver, including those modified by the SFAR, 
or, if the provision is not subject to waiver, the operator may seek an 
exemption.
1. Subpart A--General Requirements
    Subpart A prescribes rules governing the operation of aircraft 
within the U.S., including the waters within 3 nautical miles of the 
U.S. coast.\340\ The provisions are applicable to all aircraft 
operating in the NAS, unless specifically excepted, such as for 
aircraft governed by part 103 or 107.
---------------------------------------------------------------------------

    \340\ As previously mentioned, in addition to part 91 regulating 
the operation of aircraft within 3 nautical miles of the U.S. coast, 
certain part 91 regulations apply to persons operating aircraft over 
waters between 3 and 12 nautical miles from the U.S. coast. See 14 
CFR. 91.1(b).
---------------------------------------------------------------------------

    The proposed SFAR addresses only one section of subpart A, Sec.  
91.9. Paragraphs (a) and (b) of Sec.  91.9 specify the requirements for 
complying with the operating limitations in an approved Airplane or 
Rotorcraft Flight Manual, and requirements for maintaining the Airplane 
or Rotorcraft Flight Manual in the aircraft, as appropriate to the 
aircraft. The FAA proposes in Sec.  194.302(a) to apply the requirement 
to comply with the operating limitations of the aircraft's approved 
flight manual to powered-lift and to maintain the flight manual in the 
powered-lift. The FAA expects such aircraft to have an Aircraft Flight 
Manual approved through the airworthiness certification process, just 
as with airplane and rotorcraft certification and intends for powered-

[[Page 39027]]

lift operators to comply with the manual requirements in this section, 
as is the case for airplanes and rotorcraft. The FAA also proposes a 
permanent amendment to Sec.  91.1(d) to change the term ``airplane'' to 
``aircraft'' because these provisions apply to all aircraft.
2. Subpart B--Flight Rules
    Subpart B prescribes the flight rules governing the operation of 
aircraft within the U.S. and within 12 nautical miles from the coast of 
the U.S. This subpart primarily imposes requirements on all 
``aircraft,'' which, as mentioned previously, already apply to powered-
lift.
i. General
    Section 91.103--Preflight action--contains the requirement for a 
PIC to be familiar with all available information concerning that 
flight. This information must include takeoff and landing distance data 
as specified in an approved Airplane or Rotorcraft Flight Manual. The 
FAA proposes that powered-lift with an Aircraft Flight Manual approved 
through the aircraft certification process in part 21 comply with the 
provisions in Sec.  91.103. The FAA has determined that the requirement 
to be familiar with the takeoff and landing distance data in the 
manual, as set forth in paragraph (b), would also be applicable to 
powered-lift, as reflected in proposed Sec.  194.302(b). Powered-lift 
are expected to takeoff and land similar to either an airplane or 
rotorcraft, depending on flight mode, and the distances referenced in 
this section would also be relevant for powered-lift operators to 
familiarizes themselves with.
    Section 91.107 describes the use of safety belts, shoulder 
harnesses, and child restraint systems. Specifically, it requires that 
each person onboard an aircraft operated under part 91 occupy an 
approved seat or berth with a separate safety belt and, if installed, 
shoulder harness properly secured about the person during movement on 
the surface, takeoff, and landing. For seaplane and float-equipped 
rotorcraft operations during movement on the surface, this section 
excepts the person pushing off the seaplane or rotorcraft from a dock 
and the person mooring the seaplane or rotorcraft at a dock from the 
preceding seating and safety belt requirements.
    In 1992, the FAA published a final rule \341\ revising Sec.  91.107 
and acknowledged that it would be impossible to moor or launch a 
seaplane or a float-equipped rotorcraft unless a pilot or passenger has 
their safety belt or shoulder harness unfastened so that they can 
vacate their seat for the purpose of launching or mooring the seaplane 
or float equipped rotorcraft. The FAA proposes in Sec.  194.302(c) to 
apply the same exception to powered-lift when the powered-lift is 
operating like a seaplane or float-equipped rotorcraft. A pilot or 
passenger would also have to push a powered-lift conducting operations 
similar to a seaplane or float-equipped rotorcraft off a dock or moor a 
powered-lift to a dock. Accordingly, the exception contained in Sec.  
91.107(a)(3) would be appropriate to apply in such situations so that 
those individuals can push-off or moor an aircraft without violating 
the requirement to remain harnessed.
---------------------------------------------------------------------------

    \341\ Miscellaneous Operational Amendments, 57 FR 42671 (Sep. 
15, 1992).
---------------------------------------------------------------------------

    Section 91.113 prescribes the rule for converging aircraft based on 
category and type of operation (e.g., towing). Under Sec.  91.113(d), 
when aircraft of the same category are converging at approximately the 
same altitude (except head-on, or nearly so), the aircraft to the 
other's right has the right-of-way. When the aircraft are of different 
categories, Sec.  91.113(d)(1) through (3) establishes a hierarchy 
giving priority to balloons, then gliders, followed by airships, and 
then to airplanes and rotorcraft. An aircraft that is towing or 
refueling other aircraft has right-of-way over all other engine-driven 
aircraft. The FAA emphasized aircraft maneuverability when establishing 
the right-of-way hierarchy for converging aircraft in Sec.  
91.113(d)(1) through (3). The preamble for the original right-of-way 
rule states ``an aircraft will give way to another of a different class 
which is less maneuverable and is unable to take as effective action to 
avoid collision.'' \342\
---------------------------------------------------------------------------

    \342\ See 12 FR 5547 at 5548 (Aug. 16, 1947), Civil Aeronautics 
Board Air Traffic Rule, note to Sec.  60.104, later codified at 14 
CFR 91.113.
---------------------------------------------------------------------------

    The FAA proposes in Sec.  194.302(d) that powered-lift comply with 
the airplane provisions in this paragraph and yield right-of-way as 
prescribed in this section. For example, if a powered-lift is 
converging with an airplane, the aircraft to the right would have the 
right of way. The FAA proposes powered-lift, airplanes, and rotorcraft 
should be grouped in the same right-of-way category. The proposed 
approach is consistent with the FAA's historical prioritization of 
maneuverability for right-of-way considerations, and with the original 
purpose of the rule, which was to require more maneuverable aircraft 
give way to less maneuverable aircraft.
    Section 91.119 prescribes the minimum safe altitude (MSA) for 
aircraft operations. This section establishes less restrictive minima 
for helicopters, with helicopters being allowed to operate below the 
minimum altitudes prescribed in Sec.  91.119(b) and (c) in certain 
circumstances. The justification for allowing helicopters to operate 
below minimum altitudes was based on helicopter performance capability. 
In the preamble \343\ to the original MSA rule, the FAA stated that the 
rule recognizes the helicopter special flight characteristics which can 
accomplish an emergency landing within a relatively small space. 
However, if a helicopter is flown over a congested area at less than 
1,000 feet above the highest obstacle, the pilot is required to fly 
with due regard to places where an emergency landing can be made safely 
and to maintain an altitude along the flight path from which such an 
emergency landing can be affected at any time.
---------------------------------------------------------------------------

    \343\ Id.
---------------------------------------------------------------------------

    Helicopter maneuverability and autorotation capability after an 
engine failure were key factors in the FAA's decision to allow 
helicopter operations below MSA. Likewise, the FAA considered, for 
purposes of this proposal, whether powered-lift with helicopter 
characteristics should also be allowed to conduct operations below MSA.
    Some powered-lift may not have autorotation capability, while other 
powered-lift may lose significant altitude while transitioning the 
aircraft rotors to a vertical position suitable for autorotation. The 
transition of a powered-lift from forward flight to vertical flight 
would not be instantaneous, requiring additional time, distance, and 
altitude that is unique from helicopters. Although some powered-lift 
may be capable of performing an emergency autorotation into a more 
confined space, the FAA anticipates that additional altitude would 
increase the chances of a successful outcome without undue hazard to 
persons or property on the surface. Accordingly, the FAA is not 
proposing to apply the helicopter minimum altitude requirements of 
Sec.  91.119 to powered-lift. The FAA anticipates learning more about 
powered-lift operational capabilities and commonalities during the term 
of the proposed SFAR.
    Section 91.126(b) describes directions of turns when approaching to 
land at an airport without an operating control tower in Class G 
airspace. The FAA anticipates that some powered-lift will

[[Page 39028]]

transition much like a helicopter, from forward flight (wing-borne 
flight mode) to vertical flight (vertical-lift flight mode) upon 
entering the traffic pattern to land.\344\ The FAA proposes in Sec.  
194.302(e) to apply the airplane provisions detailed in Sec.  
91.126(b)(1) when the operator of the powered-lift intends to land in 
wing-borne flight mode, which is how an airplane lands. The FAA 
proposes in Sec.  194.303(b) to apply the helicopter provisions 
detailed in Sec.  91.126(b)(2) to powered-lift when the powered-lift 
intends to land in vertical-flight mode. This proposal would provide 
the flexibility for powered-lift operators capable of landing in 
vertical-flight mode to approach to land at most helicopter pads while 
avoiding the flow of fixed-wing aircraft. This application of the rule 
gives flexibility to the novel capabilities of powered-lift while 
maintaining an appropriate level of operational safety by using the 
standard traffic pattern flow at airports without operating control 
towers.
---------------------------------------------------------------------------

    \344\ When approaching to land at an airport without an 
operating control tower in Class G airspace. 14 CFR 91.126(b).
---------------------------------------------------------------------------

    Section 91.126(c) outlines the final flap settings required for 
turbojet-powered airplanes as outlined in the Airplane Flight Manual. 
Specifically, it requires the PIC of a civil turbojet-powered aircraft 
to use, as a final flap setting, the minimum certificated landing flap 
setting set forth in the approved performance information in the 
Airplane Flight Manual for the applicable conditions. Paragraph (c) 
uses the term turbojet-powered aircraft; however, the history of this 
rule indicates it was intended for turbojet-powered airplanes 
only.\345\ Furthermore, the FAA is not aware of any turbojet-powered 
powered-lift currently in the certification process, nor are any 
anticipated during the term of this SFAR. The FAA understands that some 
powered-lift utilize automatic flap settings. Requiring a powered-lift 
to transition out of its automatic settings creates opportunities for 
error which could inhibit a safe landing. To ensure that powered-lift 
can land safely at airports in Class G airspace, the FAA does not 
propose to apply this paragraph to powered-lift.
---------------------------------------------------------------------------

    \345\ In a 1989 proposed rulemaking updating airspace 
classifications, the FAA inadvertently included reference to 
``aircraft'' in the first sentence of paragraph (c) (then, Sec.  
91.85(b)), but the remainder of the paragraph refers to 
``airplane''. See Airspace Reclassification, NPRM, 54 FR 42916, 
42929 (Oct. 18, 1989).
---------------------------------------------------------------------------

    Section 91.129 provides requirements for operations in Class D 
airspace. The provisions of Sec.  91.129(a) through (d), (g)(1), and 
(i) refer to aircraft, and accordingly are already applicable to 
powered-lift. However, paragraphs (e)(1) and (2) require minimum 
altitudes when operating to an airport in Class D airspace in large or 
turbine-powered airplanes. Under the existing rule of paragraph (e)(1), 
unless required by the applicable distance-from-cloud criteria, each 
pilot operating a large or turbine-powered airplane must enter the 
traffic pattern at an altitude of at least 1,500 feet above the 
elevation of the airport and maintain at least 1,500 feet until further 
descent is required for a safe landing. For paragraph (e)(2), a pilot 
operating a large or turbine-powered airplane approaching to land on a 
runway served by an instrument approach procedure with vertical 
guidance, if the airplane is so equipped, must operate that airplane at 
an altitude at or above the glide path between the published final 
approach fix and the decision altitude (DA), or decision height (DH), 
as applicable; or if compliance with the applicable distance-from-cloud 
criteria requires glide path interception closer in, operate that 
airplane at or above the glide path, between the point of interception 
of glide path and the DA or the DH. The FAA promulgated these 
particular requirements to address noise abatement concerns related to 
large and turbine-powered airplanes.\346\ In order to remain consistent 
with this established agency policy for powered-lift operations that 
are likely to result in similar noise due to size and powerplant, the 
FAA proposes in Sec.  194.302(f) that large \347\ or turbine-powered 
powered-lift comply with paragraphs (e)(1) and (2). The FAA anticipates 
that for large and turbine-powered powered-lift, compliance with these 
requirements will be necessary for adequate noise abatement within 
Class D airspace.
---------------------------------------------------------------------------

    \346\ Noise Abatement Rules, 32 FR 15422 (Nov. 4, 1967), Noise 
Abatement Rules, 32 FR 5559 (Apr. 5, 1967).
    \347\ Large aircraft are defined in Sec.  1.1 as weighing more 
than 12,500 pounds, maximum certificated takeoff weight.
---------------------------------------------------------------------------

    For paragraph (e)(3), a pilot operating an airplane approaching to 
land on a runway served by a visual approach slope indicator (VASI) 
must operate that airplane at an altitude at or above the glide path 
until a lower altitude is necessary for a safe landing. The requirement 
for all airplanes to remain at or above the glide path provides an 
additional measure of safety such as obstacle clearance to airplanes 
during their approach. The FAA proposes in Sec.  194.302(g) that 
powered-lift intending to land in wing-borne flight mode comply with 
this provision of paragraph (e)(3) to ensure adequate obstacle 
clearance is maintained during the approach. For those powered-lift 
intending to land in the vertical mode, the FAA anticipates they will 
be flying more slowly than when in wing-borne flight mode and able to 
maneuver similar to a helicopter and accordingly, compliance with this 
provision would not be required.
    Section 91.129(f) imposes requirements for approaches except when 
conducting circling approaches under part 97 for airplanes and 
helicopters. The FAA anticipates that powered-lift will often 
transition from forward flight (wing-borne flight mode) to vertical 
flight (vertical-lift flight mode) upon entering the traffic pattern to 
land much like a traditional helicopter. The FAA proposes in Sec.  
194.302(h) that powered-lift comply with the airplane rule in Sec.  
91.129(f)(1) when the powered-lift is intending to land in wing-borne 
flight mode. When the operator of the powered-lift intends to land in 
vertical-flight mode, the powered-lift shall comply with the helicopter 
provisions detailed in Sec.  91.129(f)(2). This application of the rule 
gives flexibility to the novel capabilities of powered-lift while 
maintaining operational safety by using the standard traffic pattern 
flow at airports. The requirements of Sec.  91.129(f)(1) and (2) do not 
apply to powered-lift conducting a circling approach under part 97 
because a circling approach may have specific procedures established or 
turns may be requested by ATC to ensure safety in the traffic pattern.
    Section 91.129(g)(2) requires that, unless otherwise required by 
the prescribed departure procedure for that airport or the applicable 
distance from clouds criteria, each pilot of a turbine-powered airplane 
and each pilot of a large airplane must climb to an altitude of 1,500 
feet above the surface as rapidly as practicable. The FAA proposes in 
Sec.  194.302(f) that large or turbine-powered powered-lift also comply 
with this requirement, to ensure that powered-lift will be operated at 
an equivalent level of safety to existing large or turbine-powered 
airplanes. This requirement will also provide adequate terrain 
clearance and improved noise abatement for these powered-lift and is 
consistent with previous rulemakings that established the 1,500 feet 
altitude requirement for noise abatement purposes.\348\
---------------------------------------------------------------------------

    \348\ Noise Abatement Rules, 32 FR 15417, 15422 (Nov. 4, 1967).

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

[[Page 39029]]

    For runway usage requirements, the FAA proposes in Sec.  194.302(f) 
that large or turbine-powered powered-lift comply with Sec.  91.129(h), 
which states that where a formal runway use program has been 
established by the FAA, each pilot of a large or turbine-powered 
airplane assigned a noise abatement runway by ATC must use that runway. 
However, consistent with the final authority of the PIC concerning the 
safe operation of the aircraft as prescribed in Sec.  91.3(a), ATC may 
assign a different runway if requested by the pilot in the interest of 
safety. This requirement is consistent with previously established FAA 
policy regarding noise abatement and operational safety,\349\ and the 
FAA considers this requirement to be appropriate for powered-lift 
operations to ensure adequate noise abatement.
---------------------------------------------------------------------------

    \349\ Airspace Reclassification, 54 FR 42916 (Oct. 18, 1989).
---------------------------------------------------------------------------

    Section 91.131 contains rules governing operations in Class B 
airspace. Paragraph (a)(2) of this section requires that each person 
operating a large turbine-engine powered airplane to or from a primary 
airport for which Class B airspace area is designated must operate at 
or above the designated floor of the Class B airspace while within the 
lateral limits of that area.
    The FAA proposes in Sec.  194.302(i) that Sec.  91.131(a)(2) apply 
to large powered-lift regardless of powerplant type. When operating to 
or from a primary airport within Class B airspace, the FAA expects the 
performance characteristics of a large powered-lift to be similar to a 
large turbine-engine powered airplane. Compliance with Sec.  
91.131(a)(2) will ensure the safe and efficient flow of air traffic 
within this high-traffic airspace and ensure that large powered-lift 
remain deconflicted from smaller aircraft that may be operating under 
the Class B airspace and not receiving air traffic services. Finally, 
the proposed approach is the most conservative application of this rule 
and is consistent with FAA initiatives to effectively manage and 
segregate high-performance aircraft from other air traffic.\350\
---------------------------------------------------------------------------

    \350\ See Transponder with Automatic Altitude Reporting 
Capability Requirement, 53 FR 23356, 23363 (June 21, 1988). 
Discussion of FAA's ``Keep 'em High Program'' as an effective method 
for segregating high-performance aircraft from other traffic.
---------------------------------------------------------------------------

ii. Visual Flight Rules
    Section 91.151 prescribes fuel requirements for flight in VFR 
conditions. The regulation requires airplanes to carry a 30-minute fuel 
reserve for daytime operations, and a 45-minute fuel reserve for 
nighttime operations. In contrast, rotorcraft only require a 20-minute 
fuel reserve regardless of whether the operation occurs during the day 
or night. The FAA expanded the fuel reserve requirements in the 1970s 
following an increase in fuel exhaustion accidents in VFR 
operations.\351\ The stated goal was to prevent future fuel exhaustion 
accidents. The FAA also noted that the airplane fuel reserve 
requirements were necessary for night VFR due to the distance between 
adequately lit airports. For powered-lift, the FAA proposes in Sec.  
194.302(j), that powered-lift comply with the airplane reserve 
requirements in Sec.  91.151(a) because the FAA lacks powered-lift 
operational data to support use of the less restrictive rotorcraft fuel 
reserve. This approach is consistent with the FAA's overall approach 
throughout this proposed SFAR, until such time as the FAA has 
information to validate a less conservative approach.
---------------------------------------------------------------------------

    \351\ General Operating and Flight Rules and Related 
Airworthiness Standards and Crewmember Training, 43 FR 46230, 46231 
(Oct. 5, 1978).
---------------------------------------------------------------------------

    The FAA is aware that the use of the term ``fuel'' rather than the 
term ``energy'' could lead individuals to reach the conclusion that 
this term excludes electric propulsion systems. In a prior rulemaking, 
the FAA stated it did not intend to preclude the certification of 
electric propulsion systems or other non-fossil-fuel-based propulsion 
systems, such as provided by carbon-based fuels or electrical 
potential, and the FAA maintains that position in this SFAR.\352\ The 
term ``fuel systems'' also includes a means of storage for the 
electrical energy provided (e.g., batteries that provide energy to an 
electric motor) or devices that generate energy for propulsion (e.g., 
solar panels or fuel cells).\353\
---------------------------------------------------------------------------

    \352\ See Revision of Airworthiness Standards for Normal, 
Utility, Acrobatic, and Commuter Category Airplanes, 81 FR 96640-
96641 (Dec. 30, 2016).
    \353\ For example, Sec.  91.205(b)(9), which refers to a 
``[f]uel gauge indicating the quantity of fuel in each tank.'' In 
instances such as this, the electric battery that stores the energy 
would be equivalent to the fuel tank.
---------------------------------------------------------------------------

    Sections 91.155 and 91.157 prescribe basic VFR and special VFR 
weather requirements. Under these rules, helicopter operations are 
permitted at lower weather minima than other aircraft because 
helicopters operate at lower altitudes and slower airspeeds. In a 1963 
rulemaking, the FAA provided different weather minima for helicopters 
than for airplanes and explained that when a helicopter is below 1,200 
feet above the surface at a speed that allows the pilot adequate 
opportunity to see any air traffic or other obstruction in time to 
avoid a collision, those circumstances form an adequate basis to impose 
a lower visibility minimum.\354\
---------------------------------------------------------------------------

    \354\ Air Traffic and General Operating Rules; Definitions and 
Abbreviations, 28 FR 6704 (Jun. 29, 1963).
---------------------------------------------------------------------------

    When explaining the intent of Sec.  91.155, the FAA stated that a 
helicopter pilot need only remain clear of clouds, regardless of flight 
visibility, because ``[h]elicopters have the ability to operate at 
lower speeds and with a significantly higher degree of maneuverability 
than airplanes. These qualities allow a helicopter to be operated at 
lower visibility and cloud clearance distances while maintaining the 
same degree of safety as fixed-wing aircraft flying under more 
restrictive minima.'' \355\
---------------------------------------------------------------------------

    \355\ Inapplicability of Basic VFR Weather Minimums for 
Helicopter Operations, 56 FR 48088 (Sep. 23, 1991).
---------------------------------------------------------------------------

    While powered-lift possess some helicopter performance 
characteristics, these characteristics vary widely across the range of 
powered-lift and are typically related to the takeoff and landing 
portions of the flight. During cruise operations, powered-lift perform 
similar to an airplane, operating at high speeds and possibly without 
the ability to maneuver as quickly as a helicopter to avoid a collision 
with other traffic or obstacles. Therefore, based on the forgoing, this 
SFAR proposes in Sec.  194.302(k) that powered-lift operating in Class 
G airspace comply with the same weather minima prescribed in Sec.  
91.155(b)(2) for airplanes in such airspace because the airplane-
specific requirements in this section provide the appropriate level of 
risk mitigation for powered-lift operations. Weather minima generic to 
all aircraft in this section also continue to apply to powered-lift.
    Section 91.157 provides the conditions under which special VFR 
weather minima may be conducted. The majority of this section applies 
to all aircraft except for paragraphs (b)(3) and (4) which are specific 
to helicopters. For the reasons described in the previous paragraphs, 
this SFAR will not incorporate these helicopter exceptions for powered-
lift. The FAA proposes to continue to require powered-lift to comply 
with the requirements applicable to all aircraft in this section.
iii. Instrument Flight Rules
    Section 91.167 prescribes the fuel requirements for flight in IFR 
conditions. Under this rule, helicopter operations are permitted with 
lower fuel minima. Section 91.167 requires aircraft to carry a 45-
minute fuel reserve and helicopters to carry a 30-minute fuel reserve. 
The FAA has determined that

[[Page 39030]]

powered-lift should initially have a 45-minute fuel reserve, consistent 
with aircraft requirements. The 30-minute fuel reserve requirement for 
helicopters was initially granted under SFAR No. 29.\356\ Operations 
under SFAR No. 29 gave the FAA insight to make a safety and risk 
analysis enabling SFAR No. 29 to be codified in Sec. Sec.  91.167 and 
135.223. The final rule language for Sec.  91.167(a)(3), and similarly 
for Sec.  135.223, noted that the FAA had gained sufficient experience 
with operations conducted under SFAR No. 29 to justify a reduction for 
minimum fuel reserve requirements for helicopters.\357\ At this time, 
the FAA does not have sufficient experience to reduce minima for 
powered-lift fuel requirements. Accordingly, consistent with the 
previous approach the FAA took to evaluate and ultimately to lessen 
minima for helicopters, the FAA will retain the 45-minute fuel reserve 
requirement applicable to all aircraft for powered-lift while the FAA 
obtains data during the term of this SFAR. The FAA may reevaluate the 
45-minute fuel reserve requirement once it has sufficient data to do 
so.
---------------------------------------------------------------------------

    \356\ The FAA promulgated SFAR No. 29 in 1975 to allow the 
Administrator to issue approvals for rotorcraft IFR operations on an 
interim basis pending the conclusion of a study to determine whether 
the FAA should establish a ``limited'' IFR category for these 
rotorcraft, including flight characteristics and equipment 
requirements, operating procedures and limitations, flight crew 
requirements, and training requirements. See FAA Study of Limited 
IFR Operations in Rotorcraft, 40 FR 2420 (Jan. 13, 1975).
    \357\ Rotorcraft Regulatory Review Program Amendment No. 5; 
Operations and Maintenance, 51 FR 40695 (Nov. 7, 1986).
---------------------------------------------------------------------------

    Under Sec.  91.167, for operations in weather conditions that 
require an alternate airport to be identified, no person may operate in 
IFR flight unless the aircraft has adequate fuel to fly to the first 
airport of intended landing and to the alternate airport and still have 
a 45-minute fuel reserve. In accordance with Sec.  91.167(b)(2)(i) for 
aircraft other than helicopters, when the appropriate weather reports 
indicate that at least 1 hour before and for 1 hour after the estimated 
time of arrival, the ceiling will be at least 2,000 feet above the 
airport elevation and the visibility will be at least 3 statute miles, 
the fuel reserve necessary to fly to the alternate airport is not 
required. As explained previously, the FAA does not currently have the 
operational experience with powered-lift fuel reserves to allow them to 
utilize the helicopter minima in this section. As a result, the FAA 
does not propose changes to the current applicability of Sec.  
91.167(b)(2)(i), which requires that powered-lift comply with the 
requirements imposed on aircraft other than helicopters, to ensure an 
appropriate level of risk mitigation for these new entrant aircraft.
    Section 91.169 prescribes the information required for filing an 
IFR flight plan. Under this rule, helicopter operations are permitted 
to use lower weather minima before an alternate must be filed because 
helicopters operate at lower altitudes and slower airspeeds. The final 
rule language for Sec.  91.169 recognizes the differences in operating 
characteristics between rotorcraft and airplanes.\358\ Rotorcraft fly 
shorter distances at slower airspeeds than most other aircraft, carry 
less fuel than an airplane, and generally remain in the air for shorter 
periods of time between landings. As a result, once a rotorcraft is in 
a weather system, it is often more difficult for the rotorcraft to fly 
out of that system to an alternate destination because the rotorcraft 
has less range capability than an airplane. However, the FAA 
anticipates powered-lift will generally fly at higher speeds than many 
rotorcraft and have the ability to maneuver out of a weather system to 
an alternate destination. The FAA will continue to require powered-lift 
to comply with the provisions of Sec.  91.169(b)(2)(i) and (c)(1)(i) as 
written for aircraft other than helicopters and will plan to evaluate 
this determination during the term of this SFAR.
---------------------------------------------------------------------------

    \358\ Flight Plan Requirements for Helicopter Operations Under 
Instrument Flight Rules, 65 FR 3546 (Jan. 21, 2000).
---------------------------------------------------------------------------

    Section 91.175 governs takeoff and landing under IFR. Section 
91.175(f)(2)(i) and (ii) applies to powered-lift as written because 
those paragraphs are applicable to all aircraft. At this time, the FAA 
does not have sufficient experience with powered-lift to allow takeoff 
operations at the lower weather minima prescribed for helicopters. The 
FAA considers this approach to be consistent with previous rulemakings 
where, at initial inception, helicopter operational requirements 
aligned with airplane operational requirements until sufficient data 
were available.\359\
---------------------------------------------------------------------------

    \359\ For example, Sec. Sec.  91.119 (Minimum safe altitudes: 
General) and 91.151 (Fuel requirements for flight in VFR conditions) 
both had requirements identical to airplanes at initial inception 
which were subsequently relaxed following helicopter operational 
experience.
---------------------------------------------------------------------------

    Section 91.175(f)(4)(i) requires airplanes operating under part 121 
or 135 to comply with the takeoff obstacle clearance or avoidance 
procedures contained in subpart I of part 121 or subpart I of part 135, 
as applicable, for IFR takeoffs. Accordingly, the FAA proposes in Sec.  
194.302(l) that any powered-lift that would be required to comply with 
the provisions of subpart I of part 135, as proposed in section VI.D of 
this preamble, must also comply with the provisions of this paragraph.
3. Subparts C and D--Equipment, Instrument, and Certificate 
Requirements and Special Flight Operations
    Subpart C prescribes the equipment, instrument, and certificate 
requirements for aircraft. As previously described, powered-lift are 
already required to comply with provisions applicable to aircraft. The 
airplane regulations the FAA proposes to apply to powered-lift in this 
subpart impose certain equipment requirements that the FAA has 
determined are necessary to provide an adequate level of safety for 
powered-lift operations.
    Section 91.205 states that no person may operate a powered civil 
aircraft with a standard category U.S. airworthiness certificate in VFR 
day or night, IFR, at or above 24,000 feet, in Category II or III 
operations, or in night vision goggle operations, unless the aircraft 
contains instruments and equipment specified in this section (or FAA-
approved equivalents). Section 91.205(a) references aircraft, but there 
are also airplane-specific provisions set forth in Sec.  91.205(b)(11) 
and (14).\360\
---------------------------------------------------------------------------

    \360\ As noted earlier in the fuel requirements section, Sec.  
91.205(b)(9) references a ``[f]uel gauge indicating the quantity of 
fuel in each tank.'' Because the FAA considers ``fuel'' to include 
any form of energy used by an engine or powerplant installation, 
including via electrical potential, the electric battery that stores 
the energy would be equivalent to the fuel tank under Sec.  
91.205(b)(9).
---------------------------------------------------------------------------

    Section 91.205(b)(11) requires that small civil airplanes 
certificated after March 11, 1996, in accordance with part 23, have 
installed an aviation red or aviation white anticollision light system. 
The requirement to have an anticollision light system is necessary in 
order to provide sufficient time for other aircraft to avoid a 
collision. This requirement invokes the latest airworthiness 
requirements for all airplanes regardless of type certification date. 
For powered-lift that meet the definition of small aircraft in Sec.  
1.1, the FAA proposes in Sec.  194.302(m) that the position and anti-
collision lights meet the requirement set forth in Sec.  23.2530(b), 
which states that any position and anti-collision lights, if required 
by part 91, would be required to have the intensities, flash rate, 
colors, fields of coverage, and other characteristics to provide 
sufficient time for another aircraft to avoid a collision. The FAA 
proposes that this requirement apply to small powered-lift to provide

[[Page 39031]]

an equivalent level of safety to that of small airplanes, and to ensure 
that those powered-lift have an adequate anticollision lighting system 
that provides sufficient time for another aircraft to avoid a 
collision.
    Paragraph (b)(14) in Sec.  91.205 requires that small civil 
airplanes certificated after December 12, 1986, have an installed and 
approved shoulder harness or restraint system for all seats. The FAA 
proposes in Sec.  194.302(m) that small powered-lift also require the 
installation of an approved shoulder harness or restraint system for 
all seats, also to provide an equivalent level of safety to small 
airplanes. The FAA is also proposing that large powered-lift be 
required to be equipped with shoulder harnesses in accordance with 
Sec.  91.521, as discussed further in VI.B of this preamble.
    Paragraph (d) of Sec.  91.205 prescribes instruments and equipment 
requirements for IFR flight. Under Sec.  91.205(d)(3), an aircraft must 
have installed a gyroscopic rate-of-turn indicator unless the aircraft 
is equipped with a third attitude instrument system installed as 
provided in Sec.  121.305(j). For airplanes, the third attitude 
instrument system installed must be usable through flight attitudes of 
360 degrees of pitch and roll. For rotorcraft, the third attitude 
instrument system installed must be usable through flight attitudes of 
80 degrees of pitch and 120 degrees of roll. 
The FAA anticipates that some powered-lift may be capable of exceeding 
80 degrees of pitch and/or 120 degrees of roll. Therefore, the FAA 
proposes in Sec.  194.302(n) that all powered-lift approved for IFR 
during type certification \361\ would be required to comply with the 
airplane provisions in Sec.  91.205(d)(3)(i) for IFR flight, which 
require the installation of either a gyroscopic rate-of-turn indicator 
or a third attitude instrument system usable through flight attitudes 
of 360 degrees of pitch and roll. The FAA considers the airplane rule 
to be appropriate for powered-lift to ensure that the powered-lift are 
equipped to recover from any inadvertent flight attitude encountered.
---------------------------------------------------------------------------

    \361\ The FAA acknowledges that most powered-lift initial type 
certification projects are for VFR approval. However, the FAA 
anticipates that powered-lift operators will seek IFR approval in 
the future.
---------------------------------------------------------------------------

    Section 91.207 requires an emergency locator transmitter (ELT) for 
airplane operations. An ELT is used to facilitate search and rescue 
efforts in locating downed aircraft. The ability to locate powered-lift 
in the event of a crash is essential for reaching survivors as quickly 
as possible and potentially saving lives. The FAA considers this to be 
a necessary requirement for powered-lift, particularly as a new entrant 
aircraft with no civil operational history. Accordingly, the FAA 
proposes applying Sec.  91.207 to powered-lift in Sec.  194.302(o).
    Section 91.213 provides limitations on operations with inoperative 
instruments and equipment as well as relief for operations with 
inoperative instruments and equipment for aircraft with and without an 
approved Minimum Equipment List (MEL). Section 91.213(d) provides 
specific relief for an aircraft without an approved Minimum Equipment 
List (MEL). The FAA evaluated whether to propose that powered-lift be 
allowed to operate without an approved MEL; however, the complexity of 
the new technology coupled with the lack of operational data supports 
the application of a conservative MEL approach. Accordingly, the FAA 
does not propose to apply the provisions set forth in Sec.  91.213(d) 
to powered-lift.
    Section 91.215 describes ATC transponder and altitude reporting 
equipment and use. Section 91.215(b) states that no person may operate 
an aircraft in the airspace described in paragraphs (b)(1) through (5) 
of this section unless that aircraft is equipped with an operable coded 
radar beacon transponder. The FAA anticipates that all new entrant 
powered-lift will have a substantial electrical system; however, it may 
be powered from batteries and not an engine-driven system. The FAA 
notes that Sec.  91.215(b)(3) and (5) allow aircraft to operate without 
a transponder if they were certificated without an engine-driven 
electrical system. The FAA acknowledges that some powered-lift may be 
certificated without engine-driven electrical systems but does not 
consider it appropriate to provide relief to new entrant powered-lift 
because transponders provide critical information, such as aircraft 
position, speed, and altitude to ATC for aircraft separation. 
Therefore, the FAA proposes in Sec.  194.305 that all powered-lift be 
equipped with an operable coded radar beacon transponder as required in 
Sec.  91.215(b)(1), (2), and (4).
    Section 91.219 prohibits the operation of a turbojet-powered U.S.-
registered civil airplane unless that airplane is equipped with an 
approved altitude alerting system or device. This rule was adopted by 
the FAA in 2007, allowing flexibility in accommodating technological 
advances.\362\ In a performance-based NAS, operational flexibility 
depends upon many factors including the performance capability of the 
aircraft, communication and navigation equipment, the availability of 
the communication and navigation facilities along the route to be 
flown, and the performance capabilities of those (communication and 
navigation) facilities that are made available for use by air traffic 
management service providers. Turbojet-powered airplanes operate within 
reduced vertical-separation minimum (RVSM) airspace, often within 
congested airspace, and in close proximity to other fast-moving 
aircraft. As a new entrant aircraft, the FAA considers it essential 
that powered-lift operations are conducted in a manner that capitalizes 
on existing technological capabilities that improve safety and 
facilitate collision avoidance in the NAS. The FAA previously 
determined that an altitude alerting system or device is necessary for 
turbojet-powered civil airplanes because lack of altitude awareness is 
accentuated by the high rates of climb and descent.\363\ The FAA 
anticipates that this reasoning also applies to all powered-lift 
because of their high-performance capabilities, regardless of 
powerplant type. Accordingly, this SFAR proposes in Sec.  194.302(p) 
that all powered-lift comply with the altitude alerting requirements 
under Sec.  91.219.
---------------------------------------------------------------------------

    \362\ Area Navigation (RNAV) and Miscellaneous Amendments, 72 FR 
31661 (Jun. 7, 2007).
    \363\ Turbojet Powered Civil Airplanes, 32 FR 19191 (Dec. 20, 
1967).
---------------------------------------------------------------------------

    Section 91.223 prohibits the operation of a turbine-powered U.S.-
registered airplane configured with six or more passenger seats, 
excluding any pilot seat, unless that airplane is equipped with an 
approved terrain awareness and warning system (TAWS). TAWS provides 
turbine-powered airplanes operating at or near maximum prescribed 
speeds in close proximity to the ground with early warning of threats 
from terrain. This early warning allows pilots to react by reducing the 
time required to perceive these threats.
    Powered-lift have the ability to operate similarly to both 
airplanes and helicopters, so, individually, the current TAWS and HTAWS 
are not a perfect solution for powered-lift due to each equipment's 
capabilities and limitations. The FAA considered both TAWS and HTAWS 
and determined that the current HTAWS specification would provide the 
best level of safety because HTAWS has a different alerting envelope 
than TAWS and is designed for low altitude operations, thereby reducing 
the risk of nuisance alerts.\364\ Although there is no specification 
yet

[[Page 39032]]

developed that incorporates the features of both TAWS and HTAWS in a 
single unit, the FAA is proposing to allow a hybrid system in a 
powered-lift that utilizes the features of a TAWS A system for wing-
borne flight and HTAWS for vertical flight modes of operation for 
compliance with Sec.  91.223. Without a TAWS A/HTAWS hybrid system, the 
FAA considers the current HTAWS specification would provide the best 
level of safety without an undue number of nuisance warnings. The FAA 
proposes in Sec.  194.302(q) that all powered-lift--regardless of 
powerplant type--with 6 or more seats be equipped with an HTAWS system 
that meets the Technical Standard Order (TSO) C194 or an FAA-approved 
TAWS A/HTAWS hybrid system.
---------------------------------------------------------------------------

    \364\ For further discussion on TAWS nuisance alerts, see 
section VI.D of this preamble discussing Sec.  135.154.
---------------------------------------------------------------------------

    In addition, the FAA proposes in Sec.  194.302(q) that powered-lift 
comply with Sec.  91.223(c), which imposes a requirement for a manual 
containing appropriate procedures on the use of terrain awareness 
equipment and the proper flight crew reactions in response to a TAWS 
activation. Because the FAA is proposing to apply Sec.  91.223, but 
with HTAWS or a hybrid Class A/HTAWS system, the FAA proposes applying 
paragraph (c) to powered-lift, thereby requiring their Aircraft Flight 
Manual to contain the appropriate HTAWS or hybrid system procedures. 
This will ensure powered-lift equipped with HTAWS or a FAA approved 
TAWS A/HTAWS hybrid system are operated at a level of safety that a 
terrain awareness system currently provides for airplanes. Finally, the 
FAA notes that the exceptions in Sec.  91.223(d) for certain 
parachuting operations, firefighting, and aerial application of 
chemicals and other substances also apply to powered-lift.\365\
---------------------------------------------------------------------------

    \365\ Terrain Awareness and Warning System; Final Rule, 65 FR 
16735 (Mar. 29, 2000).
---------------------------------------------------------------------------

    Section 91.313 prescribes operating limitations for restricted 
category civil aircraft. Paragraphs (a) through (e) apply to powered-
lift because they apply to all restricted category aircraft. Section 
91.313(f) is not applicable to powered-lift because powered-lift are 
not currently authorized to conduct operations under part 133. Section 
91.313(g) requires small restricted-category airplanes to be equipped 
with a shoulder harness or restraint system for each front seat. For 
the same reasons as discussed regarding applicability of Sec.  
91.205(b)(14), the FAA proposes in Sec.  194.302(r) that restricted 
category small powered-lift require the installation of an approved 
shoulder harness or restraint system for all seats to provide an 
adequate level of safety for powered-lift operations.
4. Subpart E--Maintenance, Preventive Maintenance, and Alterations
    Subpart E prescribes rules governing the maintenance, preventive 
maintenance, and alterations of U.S.-registered civil aircraft 
operating within or outside the U.S. The majority of provisions in 
Subpart E already apply to powered-lift as they apply to aircraft 
generally (i.e., Sec. Sec.  91.401, 91.403, 91.405, 91.407, 91.413, 
91.415, 91.417, 91.419 and 91.421).
    Section 91.409 prescribes inspection programs to ensure that the 
aircraft is airworthy. The term and regulations for the issuance of a 
standard airworthiness certificate describe two conditions that must be 
met for the aircraft to be considered airworthy. The first condition is 
that the aircraft must conform to its type design or properly altered 
condition. Conformity to an aircraft's type design is considered 
attained when the aircraft configuration and the components installed 
are consistent with the drawings, specifications, and other data that 
are part of the Type Certificate Data Sheet (TCDS). The second 
condition is the aircraft must be in a condition for safe operation--
this refers to the state and condition of the aircraft. Paragraphs (a), 
(b), and (d) of Sec.  91.409 require an annual, 100-hour or progressive 
inspection and are applicable to all aircraft except those that fall 
under the exceptions provided in paragraph (c). Paragraphs (e) through 
(h) of Sec.  91.409 set forth inspection requirements for more larger 
aircraft and aircraft with more complex aircraft systems which are more 
stringent than those provided under paragraphs (a), (b), and (d). 
Aircraft described in paragraph (e) may only fly when all the systems 
work in tandem and do not fly if the systems work independently of each 
other.
    Because paragraphs (e) through (h) apply to more complex aircraft, 
the FAA proposes in Sec.  194.302(s) that these paragraphs apply to 
technically advanced powered-lift (TAPL), which the FAA proposes to 
define in this SFAR for purposes of compliance with Sec.  91.409 as a 
powered-lift that is equipped with an electronically advanced system in 
which the pilot interfaces with a multi-computer system with increasing 
levels of automation in order to aviate, navigate, or communicate, only 
for purposes of compliance with this section.
    A powered-lift that is considered a TAPL would be equipped with an 
electronically advanced multi-computer system that includes one or more 
of the following installed components: (1) an electronic Primary Flight 
Display (PFD) that includes, at a minimum, an airspeed indicator, turn 
coordinator, attitude indicator, heading indicator, altimeter, and 
vertical speed indicator; (2) an electronic Multifunction Display (MFD) 
that includes, at a minimum, a moving map using Global Positioning 
System (GPS) navigation with the aircraft position displayed; (3) a 
multi-axis autopilot integrated with the navigation and heading 
guidance system; and (4) an advanced fly-by-wire-flight control system 
that utilizes electronically operated controls with no direct 
mechanical link from the pilot to the control surfaces. The display 
elements described in (1) and (2) must be continuously visible to 
ensure that the essential aircraft information is displayed and 
available to the pilot during all phases of flight.\366\ The PFD is a 
display that provides increased situational awareness to the pilot by 
replacing the traditional six instruments used for instrument flight 
with an easy-to-scan single display that provides the horizon, 
airspeed, altitude, vertical speed, trend, trim, and rate of turn among 
other key relevant indications. In addition, the PFD is designed 
specific to controlling the TAPL attitude and altitude relative to the 
horizon and the surface of the earth, especially when outside 
visibility is poor or unavailable. The MFD is a display that provides 
information to the pilot in numerous configurable methods. Often, an 
MFD will be used in concert with a PFD. The MFD has a different 
priority; its function is secondary to the PFD. The MFD will have an 
integrated multi-axis autopilot, navigation, and position awareness 
information, even though it may include some PFD features for 
redundancy. The FAA proposes requiring certain minimum display elements 
for both a PFD and MFD, clarifying what will be considered a PFD or 
MFD.
---------------------------------------------------------------------------

    \366\ An example of an electronically advanced system includes 
an integrated flight control and navigation system.
---------------------------------------------------------------------------

    The FAA proposes that the described characteristics define TAPL 
because they will allow the FAA to distinguish between complex and less 
complex powered-lift and thereby determine which inspection program 
applies. The FAA will determine whether the powered-lift meets the 
requirements of a TAPL and it will be indicated in the operator's 
inspection program documents. Powered-lift that are not considered 
technically advanced under the definition used for compliance with 
Sec.  91.409 within this SFAR must

[[Page 39033]]

continue to comply with paragraphs (a), (b), and (d) because those 
provisions apply to ``aircraft''.
    Section 91.411 prescribes the requirements for altimeter system and 
altitude reporting equipment tests and inspections. The regulation 
describes the inspection, authorized personnel, and standard for 
altimeter system equipment used in an airplane or helicopter operation 
in controlled airspace under IFR. Specifically, paragraph (a) prohibits 
a person from operating an airplane or helicopter in controlled 
airspace under IFR unless the static pressure system, altimeter 
instrument, and automatic pressure altitude reporting system have been 
tested, inspected, and found to comply with specific requirements 
outlined in appendices E and F to Part 43.\367\ Paragraph (b) specifies 
that the testing conducted pursuant to paragraph (a) must be conducted 
by the manufacturer of the aircraft, a certificated repair station 
properly equipped to perform the testing, or a certificated mechanic 
with an airframe rating. Paragraph (c) states that altimeter and 
altitude reporting equipment approved under TSOs are considered to be 
tested and inspected as of the date of manufacture. Finally, paragraph 
(d) prohibits any person from operating an airplane or helicopter in 
controlled airspace under IFR above the maximum altitude at which all 
altimeters and the automatic altitude reporting system of that aircraft 
have been tested.
---------------------------------------------------------------------------

    \367\ Appendix E outlines requirements for testing and 
inspecting the altimeter system, and appendix F outlines the 
requirements for testing and inspecting ATC transponders.
---------------------------------------------------------------------------

    Currently, this section is silent on powered-lift; however, the FAA 
proposes in Sec.  194.302(t) to apply this regulation to powered-lift 
because it currently applies to both airplanes and helicopters, without 
differentiation. Powered-lift are new entrant aircraft, and as a 
result, the FAA does not have sufficient information regarding the 
operations of all the different powered-lift in development to 
determine that Sec.  91.411 should not apply, especially considering 
its current applicability to both airplanes and helicopters. Proposed 
application of this regulation ensures a minimum level of safety for 
operations and maintenance of powered-lift. Properly maintaining, 
testing, and inspecting powered-lift is vital to the safe operation of 
these aircraft.
5. Subpart F--Large and Turbine-Powered Multiengine Airplanes and 
Fractional Ownership Program Aircraft
    Subpart F governs the operation of U.S.-registered large airplanes, 
U.S.-registered turbojet-powered multiengine civil airplanes, and U.S.-
registered fractional ownership program aircraft operating under 
subpart K and not involved in common carriage. While technically 
subpart F currently applies to all powered-lift that would be used in a 
fractional ownership program, the FAA has determined that it should 
also propose to apply subpart F to large powered-lift regardless of 
powerplant type because other types of engines may be developed and 
installed on powered-lift that are not necessarily internal combustion 
engines. The FAA further notes that certain powerplants such as 
electric engines may have equal or better performance in comparison to 
internal combustion engines and may be used on powered-lift, which 
could have higher performance capabilities and should be captured by 
subpart F regardless of their propulsion type.
    The FAA anticipates that U.S.-registered large powered-lift will 
operate like large airplanes with respect to altitude, speed, passenger 
carrying capacity, passenger safety, composition of flightcrew, 
operating environment (e.g., over water), and required safety and 
rescue equipment. To meet the higher level of airworthiness and 
operational standards and to enhance safety, the FAA proposes in Sec.  
194.302(u) to capture large powered-lift in the applicability section 
of Sec.  91.501, regardless of powerplant type, system of aircraft 
ownership, or ownership interest. Because all powered-lift are 
multiengine,\368\ the FAA does not propose to apply subpart F to 
``multiengine powered-lift'', as that would be overly inclusive and 
impose the subpart F regulatory requirements on all powered-lift.
---------------------------------------------------------------------------

    \368\ See section VI.A of this preamble, discussing multiengine 
powered-lift.
---------------------------------------------------------------------------

    Section 91.503 describes flying equipment and operating information 
for airplanes under subpart F. The FAA proposes in Sec.  194.302(v) 
that this section apply to powered-lift because the FAA anticipates 
that powered-lift will be used in passenger-carrying operations highly 
similar to airplanes. Flying equipment and operating information is 
equally important for both airplanes and powered-lift. The FAA proposes 
to apply the safety standards required in this section to powered-lift. 
However, Sec.  91.503(a)(5) references one-engine inoperative climb 
performance data. The engine out performance data presented may differ 
depending on the aircraft configuration and should not be limited to 
only ``one-engine inoperative'' because some powered-lift have six or 
more engines and may be able to continue flight after failure of one or 
more engines. The FAA proposes that powered-lift have an approved 
aircraft flight manual at the pilot station that contains the engine or 
multiple engines inoperative climb performance data in accordance with 
Sec.  91.503(a)(5).
    Section 91.505 imposes requirements to be familiar with the 
emergency equipment installed on the airplane to which a crewmember is 
assigned and with the procedures to be followed for the use of that 
equipment in an emergency situation. The crewmember must also be 
familiar with the Airplane Flight Manual for that airplane, if one is 
required, and with any placards, listings, instrument markings, or any 
combination thereof, containing each operating limitation prescribed 
for that airplane by the Administrator, including those specified in 
Sec.  91.9(b). The FAA proposes in Sec.  194.302(w) that Sec.  91.505 
apply to powered-lift because, as stated previously, the FAA expects 
powered-lift to be used in passenger-carrying operations similar to 
airplanes. Familiarity with emergency equipment is equally important 
for both airplanes and powered-lift. Accordingly, the FAA proposes to 
apply the safety standards required in Sec.  91.505 to powered-lift. In 
addition, the FAA proposes that references to ``Airplane Flight 
Manual'' apply to powered-lift to the extent that they have an Aircraft 
Flight Manual approved through the certification process.
    Section 91.507 states that no person may operate an airplane over-
the-top or at night under VFR unless that airplane is equipped with the 
instruments and equipment required for IFR operations under Sec.  
91.205(d) and one electric landing light for night operations. Each 
required instrument and item of equipment must be in operable 
condition. The FAA anticipates that powered-lift will conduct over-the-
top and night VFR operations in a manner similar to airplanes and will 
need the same equipment as airplanes to conduct these operations 
safely. The FAA proposes in Sec.  194.302(x) that powered-lift comply 
with the equipment requirements in this section.
    Section 91.509(a) prescribes the requirements for overwater 
operations in airplanes. It provides that no person may takeoff an 
airplane for a flight over water more than 50 nautical miles from the 
nearest shore unless the airplane is equipped with a life preserver or

[[Page 39034]]

approved flotation means for each occupant of the airplane. Powered-
lift perform similar to airplanes during extended over-water 
operations, but with VTOL capability. For helicopters, the definition 
of extended over-water operations includes both an operation over water 
at a horizontal distance of more than 50 nautical miles from the 
nearest shoreline and more than 50 nautical miles from an off-shore 
heliport structure. Powered-lift have the capability to land on these 
off-shore heliport structures in an emergency. The FAA proposes in 
Sec.  194.302(y) that powered-lift meet the requirements of Sec.  
91.509(a) requiring a life preserver or an approved flotation means for 
each occupant of the powered-lift according to the helicopter specific 
definition of extended over-water operations. Further, the FAA proposes 
in Sec.  194.302(y)(1) that when applying this rule to powered-lift, 
the 50 nautical mile limit may be measured from either the nearest 
shore or the nearest off-shore heliport structure in accordance with 
the definition of extended over-water operations for helicopters in 
Sec.  1.1.
    The FAA proposes a similar approach in Sec.  194.302(y) with the 
application of Sec.  91.509(b) to powered-lift. Section 91.509(b) 
states that no person may take off an airplane for flight over water 
more than 30 minutes flying time or 100 nautical miles from the nearest 
shore, whichever is less, unless it has onboard specified survival 
equipment. As stated previously, the FAA determined that the vertical 
landing capability of powered-lift should be considered in evaluating 
the applicability of this rule. Powered-lift have the capability to 
land on off-shore heliport structures in an emergency. Accordingly, the 
FAA proposes that when applying Sec.  91.509(b) to powered-lift, the 
FAA proposes in Sec.  194.302(y)(1) to apply the limits of this 
paragraph as 30 minutes, or 100 nautical miles from the nearest 
shoreline, or 100 nautical miles from the nearest off-shore heliport 
structure, whichever is less, consistent with the application of the 
definition of extended over-water operations for helicopters discussed 
in the previous paragraph.
    Section 91.509(b)(5) specifically requires a lifeline to be stowed 
in accordance with Sec.  25.1411(g). The lifeline must be in an obvious 
location, directly accessible, and protected from inadvertent damage. 
Additionally, Sec.  25.1411(g) imposes requirements pertaining to the 
location where a lifeline must be attached to an airplane and arranged 
to enable the airplane occupants to remain on the wing after ditching. 
This requirement is based on a typical large airplane configuration 
where standing on the wing or walking on the wing to an emergency raft 
would be feasible while awaiting rescue. The FAA acknowledges that 
powered-lift currently undergoing certification are not configured in 
this manner because these powered-lift do not have a configuration 
where standing or walking on the wing would be feasible. However, the 
FAA anticipates that powered-lift may be developed in the future that 
are capable and certified for ditching and with a wing or comparable 
structure suitable for evacuation. Accordingly, the FAA proposes in 
Sec.  194.302(y)(2) that powered-lift subject to the requirements of 
subpart F will be required to comply with Sec.  25.1411(g) or other 
airworthiness requirements established in accordance with Sec.  
21.17(b) that provide an equivalent level of safety for powered-lift, 
as reflected in the proposed regulatory text.
    Section 91.511 describes requirements for communication and 
navigation equipment for overwater operations. Paragraph (a) states 
that no person may take off an airplane for a flight over water more 
than 30 minutes flying time or 100 nautical miles from the nearest 
shore unless it has at least the operable radio communication and 
electronic navigation equipment described in the rule. The ability to 
contact emergency or rescue services in the event of an offshore 
ditching is a critical safety requirement for all aircraft. 
Accordingly, the FAA proposes in Sec.  194.302(z) to require powered-
lift to comply with Sec.  91.511 for overwater operations that are more 
than 30 minutes or 100 nautical miles from the nearest shore or off-
shore heliport structure, whichever is less, consistent with the 
rationale provided in the previous paragraphs for Sec.  91.509(a) and 
(b).
    Section 91.513 describes requirements for emergency equipment for 
airplanes, such as fire extinguishers, first aid kits, and megaphones. 
The FAA anticipates that powered-lift will conduct passenger carrying 
operations where this type of equipment would be necessary in an 
emergency situation. The FAA considers emergency equipment to be 
equally important for both airplanes and powered-lift; accordingly, the 
FAA proposes in Sec.  194.302(aa) to apply the safety standards 
required in this section to powered-lift.
    Section 91.515 prescribes flight altitudes for airplanes operating 
under VFR. The flight altitudes are designed to ensure adequate terrain 
clearance from any mountain, hill, or other obstruction to flight for 
day and night operations. These collision avoidance mitigations are 
equally important for powered-lift, which the FAA expects would be 
conducting operations similar to the airplanes that must comply with 
subpart F. Therefore, the FAA proposes to apply the minimum flight 
altitudes in Sec.  91.515 to powered-lift in Sec.  194.302(bb).
    Section 91.517 describes passenger information and signage 
displaying the use of seatbelts and non-smoking requirements. Notifying 
passengers and crew when smoking is prohibited and when safety belts 
must be fastened is important information to be conveyed to ensure that 
passenger carrying operations are conducted safely. The importance of 
conveying this information is the same for both airplanes and powered-
lift. As a result, the FAA proposes in Sec.  194.302(cc) that powered-
lift comply with the information and signage display requirements in 
Sec.  91.517. Similarly, Sec.  91.519 describes passenger briefings for 
the use of seatbelts and non-smoking requirements. The FAA proposes in 
Sec.  194.302(dd) that Sec.  91.519 also apply to powered-lift because 
passenger briefings for seatbelt use and smoking are equally important 
for airplane and powered-lift passenger carrying operations.
    The FAA proposes that Sec.  91.521 would be applicable to large 
powered-lift subject to the operating requirements of subpart F. 
Specifically, the SFAR proposes that those powered-lift be equipped 
with a shoulder harness that meets the applicable requirements 
specified in Sec.  25.785 or such airworthiness criteria as the FAA may 
find provide an equivalent level of safety in accordance with Sec.  
21.17(b). The rule is designed to prevent head injuries and is 
necessary to provide the same level of safety for passenger-carrying 
operations powered-lift operations as exists in the current rules for 
airplanes. Therefore, the FAA proposes in Sec.  194.302(ee) that large 
powered-lift comply with the safety equipment requirements for 
airplanes in this section. As discussed previously, the FAA is applying 
certain regulatory requirements applicable to transport category 
airplanes, such as this one, to large powered-lift in the absence of a 
uniform transport category standard for powered-lift.
    Section 91.523 imposes requirements regarding how carry-on baggage 
is stored on airplanes with a seating capacity of more than 19 
passengers. For baggage stowage and restraining devices, the baggage 
may be stored in a storage compartment as provided in Sec.  91.525, or 
it may be stored under a passenger seat in such a way that it will not 
slide forward under crash impacts severe enough to induce the ultimate 
inertia forces specified in

[[Page 39035]]

Sec.  25.561(b)(3).\370\ Restraining devices must also limit sideward 
motion of under-seat baggage and be designed to withstand crash impacts 
severe enough to induce sideward forces specified in Sec.  
25.561(b)(3). The FAA acknowledges that there are presently no powered-
lift with more than 19 seats undergoing certification However, the SFAR 
proposes in Sec.  194.302(ff) that should these aircraft be developed, 
they would be required to comply with Sec.  91.523, including the 
safety equipment requirements specified in Sec.  25.561(b)(3) or 
airworthiness criteria that the FAA may find provide an equivalent 
level of safety in accordance with Sec.  21.17(b). Applying this 
regulation to powered-lift with a seating capacity of more than 19 
seats will ensure that carry-on baggage is stored safely on powered-
lift.
---------------------------------------------------------------------------

    \370\ For a discussion of the type certification process for 
powered-lift, see section IV.A of this preamble.
---------------------------------------------------------------------------

    Section 91.525 describes the requirements for the carriage of 
cargo. The FAA proposes in Sec.  194.302(gg) that this section apply to 
powered-lift as the FAA does not differentiate between airplanes and 
powered-lift as it applies to the safety standards required by this 
section. In the NPRM for Sec.  91.525 (previously codified at Sec.  
91.203),\371\ the FAA proposed all cargo carried in a passenger 
compartment be stored in bins, or cargo racks, unless stowed and 
secured as provided in that section. The FAA considered such 
requirements necessary to provide for the safety of the occupants in 
the event of turbulence and to insure, to the extent possible, the 
crashworthiness of the airplane. These considerations are also 
applicable to carriage of cargo on powered-lift and thus, the FAA 
proposes that this rule also apply to powered-lift operations.
---------------------------------------------------------------------------

    \371\ Large and Turbine-Powered Multiengine Airplanes, 36 FR 
19507, 19510 (Oct. 7, 1971).
---------------------------------------------------------------------------

    Section 91.527 describes the requirements for operations in icing 
conditions. The FAA recognizes that adverse aerodynamic effects on 
lifting surfaces begin as soon as frost, ice, or snow begin to adhere 
to the surfaces.\372\ Paragraph (a) addresses ground operations and 
states that no pilot may take off an airplane that has frost, ice, or 
snow adhering to any propeller, windshield, stabilizing or control 
surface; to a powerplant installation; or to an airspeed, altimeter, 
rate of climb, or flight attitude instrument system or wing, except 
that takeoffs may be made with frost under the wing in the area of the 
fuel tanks if authorized by the FAA. Section 91.527 addresses airplanes 
where lift is generated by the wings. Powered-lift may takeoff 
vertically, but they may also transition to wing-borne flight after 
takeoff. Powered-lift rely on lifting devices such as rotors during 
vertical-lift flight mode and traditional airplane surfaces such as 
wings during wing-borne flight. The FAA recognizes that in addition to 
wings and control surfaces, powered-lift may have other surfaces that 
are negatively impacted by frost, ice, or snow adhering to those 
surfaces, such as rotor blades. These other surfaces are considered 
critical surfaces, which the manufacturer will identify during 
certification and which will be outlined in the Aircraft Flight Manual 
for each powered-lift. Any frost, ice, or snow adhering to a ``critical 
surface'' could have an adverse impact on the aircraft's ability to 
operate safely. To ensure safe operation of powered-lift, all the items 
listed in Sec.  91.527(a), as well as other critical surfaces as 
determined by the manufacturer, must be clear from any contamination 
adhering to their surfaces, including the vertical-lift flight mode 
lifting devices. The FAA proposes in Sec.  194.302(hh) the requirements 
of Sec.  91.527(a) apply to all powered-lift, including the vertical-
flight mode lifting devices.
---------------------------------------------------------------------------

    \372\ See Removal of Regulations Allowing for Polished Frost, 74 
FR 62691 (Dec. 1, 2009).
---------------------------------------------------------------------------

    Section 91.527(b) prescribes rules for IFR flight into known or 
forecast light or moderate icing conditions, or under VFR into known 
light or moderate icing conditions unless certain conditions are met as 
described below. Paragraph (b)(1) is applicable to aircraft, including 
powered-lift, and requires that the aircraft has functioning deicing or 
anti-icing equipment protecting each rotor blade, propeller, 
windshield, wing, stabilizing or control surface, and each airspeed, 
altimeter, rate of climb, or flight attitude instrument system. 
Paragraphs (b)(2) and (3) are airplane-specific and the FAA does not 
propose to apply those provisions to powered-lift. Instead, the FAA 
proposes in Sec.  194.302(ii) that no pilot may fly a powered-lift 
under IFR into known or forecast light or moderate icing conditions or 
under VFR into known light or moderate icing conditions unless it has 
been type certificated and appropriately equipped for operations in 
icing conditions, as set forth in Sec.  194.308(i). Section 194.308(i) 
requires powered-lift seeking certification to operate in known or 
forecast light or moderate icing conditions would be required to have 
procedures for the use of the ice protection equipment set forth in the 
Aircraft Flight Manual.
    Section 91.527(c) prescribes the requirements for airplane 
operations into known or forecast severe icing conditions. The FAA does 
not have the operational data to support allowing powered-lift 
operations in severe icing at this time. Accordingly, the FAA does not 
propose to apply this regulation to powered-lift operations, and as a 
result, powered-lift operations into known or forecast severe icing 
conditions would be prohibited.
    Section 91.529 addresses flight engineer requirements. The FAA does 
not propose application of this section to powered-lift because modern 
aircraft are not designed to require a flight engineer.
    Section 91.531 describes SIC requirements for airplanes in subpart 
F. Section 91.531(a) provides that, except as provided in paragraph (b) 
of this section, no person may operate the following airplanes without 
a pilot designated as SIC: (1) any airplane that is type certificated 
for more than one required pilot; (2) any large airplane; and (3) any 
commuter category airplane. A powered-lift certificated for more than 
one pilot will be subject to the same safety considerations as 
airplanes certificated for more than one pilot. Accordingly, the same 
safety standards should apply and the FAA proposes in Sec.  194.302(jj) 
that paragraph (a)(1) applies to powered-lift as written. Similarly, 
the FAA codified the requirement to have a designated SIC for large 
airplanes because of the need for an increased crew due to the 
complexity of operating such aircraft. These standards likewise apply 
to large powered-lift and, resultantly, the FAA proposes in Sec.  
194.302(jj) to apply paragraph (a)(2) to powered-lift as written. 
Lastly, the FAA proposes not to apply paragraph (a)(3) to powered-lift 
because there are currently no commuter category powered-lift and no 
new aircraft can be certificated for that category as there are no 
longer any certification standards for commuter category aircraft 
certification in the Federal Aviation Regulations. As powered-lift are 
new-entrant aircraft, there is no way to certificate these powered-lift 
as commuter aircraft.
    Section 91.531(b)(1) states that an airplane certificated for 
operation with one pilot may be operated without a pilot designated as 
SIC. Applying the airplane rule to powered-lift, as proposed in Sec.  
194.302(jj), will ensure that the aircraft is operated in accordance 
with its type certification basis for crew complement. This provides an 
appropriate level of safety as it is consistent with the existing rule. 
Next, Sec.  91.531(b)(2) prescribes that large airplanes or turbojet-
powered multiengine airplanes that hold a special airworthiness 
certificate may operate without a designated SIC in certain 
circumstances. For the reasons

[[Page 39036]]

stated in the applicability discussion of Sec.  91.501, the FAA 
proposes in Sec.  194.302(jj) that Sec.  91.531(b)(2) apply to all 
large powered-lift that hold a special airworthiness certificate and 
meet the requirements of Sec.  91.531(b)(2)(i) and (ii), regardless of 
powerplant type.
    Section 91.531(c) states no person may designate a pilot to serve 
as SIC, nor may any pilot serve as SIC, of an airplane required under 
this section to have two pilots unless that pilot meets the 
qualifications for SIC prescribed in Sec.  61.55. Consistent with the 
discussion in section V.D applying the SIC qualification requirements 
of Sec.  61.55 to powered-lift pilots, Sec.  91.531(c) should also 
apply to powered-lift to maintain the level of safety for powered-lift 
as provided for airplanes. The FAA proposes that paragraph (c) apply to 
powered-lift.
    Section 91.533 describes flight attendant requirements for 
airplanes with more than 19 passengers. The FAA acknowledges that at 
this time there are no powered-lift undergoing type certification with 
more than 19 seats. However, the FAA recognizes that flight attendants 
are critical for passenger safety, especially for inflight emergency 
situations or where an emergency evacuation is required. The FAA 
proposes in Sec.  194.302(kk) that this section apply to powered-lift 
with more than 19 passengers onboard if they are certificated for civil 
operations during the duration of the SFAR. This approach will provide 
the same level of safety for powered-lift as is currently provided for 
airplanes.
6. Subpart G--Additional Equipment and Operating Requirements for Large 
and Transport Category Aircraft
    Subpart G, beginning with Sec.  91.601, applies to the operation of 
large and transport category U.S.-registered civil aircraft and 
specifies additional equipment and operating requirements. The FAA 
anticipates that U.S.-registered large powered-lift will operate 
similar to airplanes when considering altitude, speed, passenger 
carrying capacity, passenger safety, composition of flight crew, 
operating environment (e.g., over water), and required safety and 
rescue equipment. For these reasons, the FAA does not differentiate 
between airplanes and powered-lift when it relates to the safety 
standards required by this section. The FAA proposes that the airplane 
requirements contained in the following listed sections of this subpart 
apply to large powered-lift in order to meet the higher level of 
airworthiness and equipment standards for aircraft that will be 
carrying larger amounts of passengers, and for the reasons described in 
section IV.A of this preamble.
    Subpart G also contains airplane regulations that are subject to 
certain airworthiness certification provisions. The FAA will determine 
whether to apply the specific airworthiness requirement for the 
equipment required by subpart G or other airworthiness criteria that 
provide an equivalent level of safety the type certification process 
under Sec.  21.17(b), as discussed previously regarding the 
applicability of part 91 subpart F.
    Section 91.603, Aural speed warning device, requires that a 
transport category airplane be equipped with an aural speed warning 
device that complies with Sec.  25.1303(c)(1). The FAA proposes in 
Sec.  194.302(ll) that this regulation apply to large powered-lift to 
provide an equivalent level of safety to currently certificated 
airplanes under Subchapter C airworthiness standards. Powered-lift 
subject to Sec.  91.603 must be equipped with an aural speed warning 
device that complies with Sec.  25.1303(c)(1) or airworthiness criteria 
that the FAA has determined provides an equivalent level of safety in 
accordance with Sec.  21.17(b).
    Section 91.605 prescribes transport category civil airplane weight 
limitations. Powered-lift are capable of performing both vertical 
takeoffs and landings, and takeoffs and landings using wing-borne lift 
similar to an airplane. The FAA proposes that certain provisions in 
Sec.  91.605 apply to large powered-lift to ensure those aircraft can 
safely takeoff and land in accordance with the performance information 
in the Aircraft Flight Manual and taking into consideration altitude 
and temperature. This application of the rule provides flexibility to 
operators seeking to maximize the novel capabilities of powered-lift 
while maintaining a high level of operational safety.
    Section 91.605(a) prescribes takeoff requirements for transport 
category airplanes (other than a turbine-engine-powered airplane 
certificated after September 30, 1958). This regulation applies only to 
non-turbine powered airplanes that were type certificated without an 
Airplane Flight Manual. All new entrant powered-lift type certificated 
under Sec.  21.17(b) will be required to have an Aircraft Flight 
Manual; accordingly, the FAA does not propose to apply Sec.  91.605(a) 
to powered-lift for this SFAR.
    Section 91.605(b) contains references to an Airplane Flight Manual 
and prohibits operations contrary to the flight manual. Section 
91.605(b)(1) states that no person operating a turbine-engine-powered 
transport category airplane may take off that airplane at a weight 
greater than that listed in the Airplane Flight Manual. The calculation 
for determining that takeoff weight must consider the elevation of the 
airport and the ambient temperature existing at the time of takeoff. 
This regulation provides an important performance criterion to ensure 
that operators of an aircraft consider the effects of altitude and 
temperature when determining the maximum allowable takeoff weight. The 
effects of altitude and temperature are important to consider because 
aircraft performance is reduced as the altitude and the temperature is 
increased. This is especially true for takeoff operations, where an 
increase in altitude and temperature causes a decrease in aircraft 
performance. An increase in altitude and temperature also causes an 
increase in takeoff distance required and a decrease in the maximum 
allowable takeoff weight. Adherence to the performance limitations in 
the Aircraft Flight Manual is critical for the safe operation of any 
aircraft, including powered-lift whose performance is also negatively 
impacted by increased altitude, temperature, and weight. Therefore, the 
FAA proposes in Sec.  194.302(mm) to apply Sec.  91.605(b)(1) to large 
powered-lift--regardless of whether they will takeoff vertically or 
using wing-borne lift similar to an airplane--and that have the takeoff 
performance information in the aircraft flight manual.
    Section 91.605(b)(2) stipulates no person operating a turbine-
engine-powered transport category airplane may take off at a weight 
(allowing for normal consumption of fuel and oil in flight to the 
destination or alternate airport) if the weight of the airplane on 
arrival would exceed the landing weight as contained in the Airplane 
Flight Manual taking in consideration the elevation of the destination 
or alternate airport and the ambient temperature anticipated at the 
time of landing. As described in the previous paragraph, these 
computations must include the elevation of the take-off and the ambient 
temperature at the time of takeoff. This regulation establishes an 
important pre-takeoff planning criterion that must consider the maximum 
landing weight to ensure that the airplane is at a weight that will 
allow a landing that is within the performance capabilities of that 
aircraft. The FAA proposes in Sec.  194.302(nn) that paragraph (b)(2) 
apply to large powered-lift--regardless of whether they will land 
vertically or using wing-borne lift similar to an airplane--and that 
have the landing performance information in the aircraft

[[Page 39037]]

flight manual. Applying this paragraph will help ensure that large 
powered-lift are operated at the same level of safety required for 
transport category airplanes.
    Section 91.605(b)(3) and (b)(4)(ii) also contain additional takeoff 
criteria for turbine-engine-powered transport category airplanes, such 
as wet runway and clearway distances. The FAA proposes in Sec.  
194.302(oo) to apply these requirements to certain large powered-lift 
to ensure that published flight manual limitations are not exceeded 
when powered-lift execute takeoff operations that utilize wing-borne 
lift, similar to an airplane, and have that takeoff performance 
information contained in the flight manual. The FAA proposes paragraphs 
(b)(3) and (b)(4)(ii) apply to large powered-lift that execute takeoff 
operations using wing-borne lift and that have takeoff performance 
information in the flight manual.
    Section 91.605(c) sets specific requirements for takeoff distances 
and runway lengths for turbine-engine-powered transport category 
airplanes certificated after August 29, 1959. The FAA considers that 
these provisions are equally important and necessary for powered-lift 
to safely execute takeoff operations that utilize wing-borne lift. The 
FAA proposes (also in Sec.  194.302(oo)) that this paragraph apply to 
large powered-lift executing takeoff operations that utilize wing-borne 
lift and have takeoff performance information in the aircraft flight 
manual.
    Section 91.609 sets forth requirements for FDR and cockpit voice 
recorder (CVR) in large and transport category aircraft. Section 
91.609(a) and (b) already apply to powered-lift because those 
paragraphs apply to ``aircraft.'' Paragraphs (f), (g), and (k) also 
already apply to operators of powered-lift who are otherwise required 
by part 194 to comply with this section. Section 91.609(c)(1) requires 
that a multi-engine, turbine-powered airplane or rotorcraft having a 
passenger seating configuration, excluding any pilot seat, of 10 or 
more, that has been manufactured after October 11, 1991, unless it is 
equipped with one or more approved flight recorders that utilize a 
digital method of recording and storing data and a method of readily 
retrieving that data from the storage medium. Additionally, this 
paragraph requires that the flight recorder must retain no less than 8 
hours of aircraft operation. The FAA proposes in Sec.  194.302(pp) that 
a powered-lift, regardless of the type of powerplant, that otherwise 
meets the threshold requirements of this paragraph be required to 
comply with this paragraph. However, Sec.  91.609(c)(1) specifies that 
the parameters for the flight recorder that must be recorded are 
contained in part 91, appendix E or F, which are specific to airplanes 
or helicopters. As stated previously, many powered-lift will be 
manufactured combining the design features of an airplane and 
helicopter, to varying degrees. In place of appendices E and F to part 
91,\373\ the FAA has drafted new FDR tables for part 194,\374\ which 
outline the FDR specifications for powered-lift under part 91, in 
proposed Sec. Sec.  194.312 and 194.313. In developing these tables, 
the FAA applied the FDR requirements from the airplane and helicopter 
appendices to powered-lift, dependent on which operational flight mode 
is in use (i.e., wing-borne flight mode or vertical-lift flight mode). 
In addition, the FAA replaced helicopter-specific nomenclature to 
accommodate powered-lift. For example, helicopter flight controls, as 
written, describe pedals and collective controls, which may not apply 
to powered-lift. In addition, the FAA changed the terminology that 
provided directional controls for ``ascent and descent''. 
Notwithstanding slight nomenclature changes within the parameters, the 
FAA did not change the other information and numbers within the tables. 
The FAA invites comments on these new draft tables to ensure that the 
FAA has adequately addressed all of the requirements for these novel 
aircraft.
---------------------------------------------------------------------------

    \373\ See appendix E to part 91, Airplane Flight Recorder 
Specifications, and appendix F to part 91, Helicopter Flight 
Recorder Specifications, 14 CFR part 91.
    \374\ The SFAR tables are found in the regulatory text within 
the SFAR amendment.
---------------------------------------------------------------------------

    Section 91.609(c)(3) requires that all airplanes and rotorcraft 
subject to Sec.  91.609(c)(1) manufactured on or after April 7, 2010, 
must meet the FDR requirements of Sec.  23.1459, Sec.  25.1459, Sec.  
27.1459, or Sec.  29.1459, as applicable, and retain at least the last 
25 hours of recorded information using a recorder that meets the 
standards of TSO-C124a, or later revision. The FAA proposes in Sec.  
194.302(pp) that powered-lift comply with this requirement to provide a 
level of safety equivalent to airplanes and rotorcraft.
    Section 91.609(d) requires that whenever a flight recorder required 
by Sec.  91.609 is installed, it must be operated continuously from the 
instant the airplane begins the takeoff roll or the rotorcraft begins 
lift-off until the airplane has completed the landing roll or the 
rotorcraft has landed at its destination. The FAA proposes in Sec.  
194.302(pp)(3) to require powered-lift to comply with this section by 
requiring that the flight recorder be operated continuously from the 
earlier of when the powered-lift begins the takeoff roll or begins 
lift-off until the latter of when the powered lift has completed the 
landing roll or has landed at its destination. This will ensure the 
same level of safety is provided for powered-lift as exists in the 
current regulations for airplanes and rotorcraft.
    Section 91.609(e) requires that unless otherwise authorized by the 
Administrator, after October 11, 1991, no person may operate a U.S. 
civil registered multiengine, turbine-powered airplane or rotorcraft 
having a passenger seating configuration of six passengers or more and 
for which two pilots are required by type certification or operating 
rule unless it is equipped with an approved CVR. CVRs enhance safety 
and are required in turbine-powered airplanes and rotorcraft carrying a 
certain passenger count as a necessary hazard analysis tool used during 
an accident investigation. As early as 1978, the FAA has noted that 
consideration should be given to requiring Ground Proximity Warning 
Systems (GPWS), CVR, and FDR equipment on turbojet-powered airplanes 
with 10 or more passenger seats due to the complexity and high-
performance characteristics of those airplanes.\375\ These sources of 
information aid in determining causal and contributing factors in 
accident and incident investigation. Amendments issued in response to 
NTSB recommendations as well as congressional mandates identify the 
FAA's broader responsibility to apply these appropriately to all 
aircraft with certain seating capacities.\376\ The CVR provides 
accident investigation information that is unattainable from any other 
source with valuable auditory information such as sounds captured in 
the cockpit. Accordingly, the FAA proposes in Sec.  194.302(pp), 
regardless of the type of powerplant, that powered-lift which have a 
passenger seating configuration of six or more and for which two pilots 
are required by type certification or operating rules, will be required 
to comply with all the paragraphs of paragraph (e). This will ensure 
that powered lift operate as safely as airplanes and rotorcraft.
---------------------------------------------------------------------------

    \375\ See Regulatory Review Program; Air Taxi Operators and 
Commercial Operators, 43 FR 46742, 46768 (Oct. 10, 1978).
    \376\ Id. at 46742.
---------------------------------------------------------------------------

    Section 91.609(h) is applicable to legacy airplanes certificated 
before April 7, 2010. It cannot apply to new entrant aircraft and is 
accordingly not applicable to powered-lift.

[[Page 39038]]

    Section 91.609(i) and (j) apply to both airplanes and rotorcraft. 
The FAA considers CVRs and FDRs to be necessary safety equipment on 
airplanes and rotorcraft and proposes in Sec.  194.302(pp) that these 
requirements also be applicable to powered-lift. The same concerns 
regarding ensuring data is recorded from the cockpit or flight in the 
event of an accident or incident are true for powered lift as they are 
for airplanes and helicopters.
    Section 91.611 authorizes ferry flights with one engine inoperative 
for airplanes with three or four engines. The rule was written 
specifically for airplanes and is based on airplane performance 
characteristics. The FAA acknowledges that some powered-lift may 
operate as an airplane during takeoff but determined this section 
should not be applicable to large powered-lift under the SFAR due to 
the lack of data to support safe powered-lift operations with an 
inoperative engine. The FAA expects to obtain more data during the term 
of this SFAR to determine if powered-lift can safely operate with an 
inoperative engine.
    Section 91.613 requires airplane compartment interiors to meet the 
flame propagation requirements set forth in Sec.  25.853 or Sec.  
25.856. The part 25 certification standard for flame propagation 
materials reduces the spread of fire within the aircraft and in the 
event of a post-crash fire, as well as reducing the penetration of fire 
for an external source such as an engine firewall. Section 91.613(b)(2) 
is applicable to transport category airplanes manufactured after 
September 2, 2005 and the FAA proposes in Sec.  194.302(qq) that it be 
applied to powered-lift of similar size and capacity under the SFAR due 
to the safety mitigations this rule provides. For large powered-lift, 
the FAA proposes that the thermal/acoustic installation materials 
required by Sec.  91.613(b)(2) meet the requirements of Sec.  25.856 or 
such airworthiness criteria as the FAA may find provide an equivalent 
level of safety in accordance with Sec.  21.17(b). Section 91.613(a) 
does not apply to powered-lift because SFAR 41 terminated in September 
1983 and is limited to type design changes for airplanes issued prior 
to October 1979.
7. Subpart K--Fractional Ownership Operations
    Subpart K was added to part 91 in 2003 to establish criteria for 
fractional ownership programs. It allows fractional owners and the 
management company to share operational control of the aircraft and 
delineates operational control responsibilities. It also contains 
regulatory safety standards for operations under fractional ownership 
programs, including management operations, maintenance, training, and 
crewmember flight and duty requirements. Subpart K currently has two 
powered-lift references in Sec. Sec.  91.1001(b)(10) and 91.1053(a)(2). 
These references were included when part 91 subpart K was codified to 
prescribe specific applicability and crew training requirements for 
fractional ownership operations. Pilot training and qualification 
requirements under this subpart are discussed in section V of this 
preamble. In addition to the specific powered-lift references, many 
subpart K sections impose requirements on aircraft, which include 
powered-lift.
    As stated in section V.L of this preamble, the following sections 
of subpart K will apply to large powered-lift without regard to type of 
powerplant.
    Section 91.1025 prescribes program operating manual contents. The 
manual must set forth the program's procedures and policies to ensure 
the safe operation of the aircraft they use. The manual content 
requirements of a Destination Airport Analysis specified in Sec.  
91.1025(o) are only required if the aircraft meets the thresholds set 
forth Sec.  91.1037, Large transport category airplanes: Turbine engine 
powered; Limitations; Destination and alternate airports. The FAA 
anticipates some powered-lift will be manufactured in a way that would 
trigger the safety requirements of Sec.  91.1037. This section is 
already applicable to powered-lift that operate under subpart K; 
however, the FAA also clarifies that if a specific powered-lift meets 
the requirements of Sec.  91.1037, then all of the requirements of 
Sec.  91.1025(o), including Sec.  91.1025(o)(7) which currently only 
applies to airplanes, would be applicable as well, as set forth in 
Sec.  194.302(rr). This proposal will ensure that an adequate level of 
safety is maintained for powered-lift that meet the performance 
requirements of Sec.  91.1037, and that any inoperative equipment is 
considered when Destination Airport Analysis is performed.
    Section 91.1037 addresses large transport category airplanes and 
should apply to large powered-lift. The FAA perceives that large 
powered-lift will operate similar to large transport-category airplanes 
when considering altitude, distance, speed, passenger carrying 
capacity, passenger safety, composition of flight crew, operating 
environment (e.g., over water), and required safety and rescue 
equipment. Specifically, Sec.  91.1037(e) requires that, unless based 
on a showing of actual operating landing techniques on wet runways, a 
shorter landing distance (but never less than that required by 
paragraph (b) or (c)) has been approved for a specific type and model 
airplane and included in the Airplane Flight Manual, no person may take 
off a turbojet airplane when the appropriate weather reports or 
forecasts, or any combination of them, indicate that the runways at the 
destination or alternate airport may be wet or slippery at the 
estimated time of arrival unless the effective runway length at the 
destination airport is at least 115 percent of the runway length 
required under paragraph (b) or (c). The FAA anticipates that due to 
the VTOL capabilities of powered-lift, many of these aircraft may not 
need to compute a landing distance as required by this section. 
However, certain powered-lift may conduct landing operations similar to 
an airplane. Accordingly, the FAA proposes in Sec.  194.302(rr) this 
entire section be applicable to large powered-lift that are 
certificated to conduct landing operations in wing-borne flight mode as 
indicated in the aircraft flight manual.
    Section 91.1039(c) prohibits a pilot on a program aircraft 
operating a program flight from beginning an instrument approach 
procedure to an airport unless the MDA or Decision Altitude (DA) and 
visibility landing minimums prescribed in part 97 or in the program 
manager's management specifications are increased by 100 feet and 1-2 
mile respectively, but not to exceed the ceiling and visibility 
minimums for that airport when used as an alternate airport, for each 
PIC of a turbine-powered aircraft who has not served at least 100 hours 
as PIC in that type of aircraft. This regulation is based on Sec.  
135.225(e), and was incorporated into the subpart K rules for 
Fractional Ownership operations because the FAA considered that the 
safe execution of an instrument approach to the lowest minimums 
requires the highest degree of pilot familiarity with the airplane, its 
controls, instruments, and performance characteristics, and that 100 
hours of experience in a new type of airplane as PIC in air carrier or 
commercial operations is necessary in order to achieve this degree of 
familiarity. This familiarity requirement is still relevant to 
operations conducted in airplanes today and pilots of all powered-lift 
should also possess the highest degree of familiarity with their 
aircraft, its controls, instruments, and performance requirements, not 
only those operating turbine-powered powered-lift. The FAA

[[Page 39039]]

also anticipates the pilots of any powered-lift will experience an 
additional workload as the aircraft transitions from wing-borne to 
vertical-lift flight, during the landing phase while in reduced 
visibility. The FAA is proposing that the PIC of all powered lift 
operating under subpart K increase the MDA or DA and visibility landing 
minimums as required by Sec.  91.1039(c), as set forth in proposed 
Sec.  194.304.
    Section 91.1041 addresses aircraft proving and validation tests. 
Section 91.1041 sets out the parameters and the requirements for when 
Proving and Validation Tests must be accomplished by a fractional 
ownership program. Proving tests are necessary to evaluate each 
fractional ownership program's ability to conduct operations safely and 
in accordance with the applicable regulations. Proving tests, under 
Sec.  91.1041, consist of a demonstration of the fractional ownership 
program's ability to operate and maintain certain aircraft new to the 
operator's fleet or the certificate holder's ability to conduct a 
particular kind of operation. Additionally, it is each fractional 
ownership program manager's responsibility to show that each aircraft 
can be operated safely and in compliance with the regulations and their 
procedures.
    Section 91.1041(b) requires a fractional ownership program manager 
to conduct proving tests in a turbojet airplane if they have not 
previously proved a turbojet airplane. The FAA expects powered-lift, 
regardless of the powerplant, to have additional complexity due to 
their design and operation, and that these features have not been 
available and experienced by the civilian market to date. To ensure a 
high level of safety is maintained when these aircraft are operated, 
the FAA is proposing in Sec.  194.302(ss) that a fractional ownership 
program manager that has not previously proven a powered-lift in 
operations under subpart K, be required to conduct at least 25 hours of 
proving tests acceptable to the Administrator as detailed in Sec.  
91.1041(b)(1) through (3).
    The FAA requires validation testing for certain authorizations, and 
for the addition of certain aircraft that were previously proved or 
validated but are not of the same make or model, or of similar design. 
These tests are required for aircraft that require two pilots for 
flight in VFR conditions, or turbojet airplanes. For the same reasons 
cited above for proving tests, validation testing required by Sec.  
91.1041(d) should be applicable to all powered-lift. The FAA proposes 
in Sec.  194.302(ss) that validation testing be required when a program 
manager requests authorization to use a powered-lift, unless a powered-
lift of the same make or similar design has been previously proved or 
validated by that program manager in operations under subpart K.
    Section 91.1045 contains additional safety equipment requirements 
for program aircraft. The FAA is proposing that this rule apply to 
powered-lift in proposed Sec.  194.302(tt). For powered-lift with more 
than 30 seats or a payload capacity of more than 7,500 pounds, the FAA 
proposes that Sec.  91.1045(a) applies; and for powered-lift with 30 
seats or fewer and a payload capacity of 7,500 pounds or less, Sec.  
91.1045(b) applies.
    Section 91.1045(a)(3) and (b)(3) specify TAWS as the required 
terrain awareness and warning system requirement. The FAA considered 
both TAWS and HTAWS because of powered-lift's ability to operate 
similar to both airplanes and helicopters. The FAA determined that the 
current HTAWS specification would provide the best level of safety 
without an undue number of nuisance warnings. The FAA proposes that 
Sec.  91.1045(a)(3) and (b)(3) apply to powered-lift, and that powered-
lift comply with the requirements in Sec.  194.307(q) of this SFAR. For 
further discussion of the FAA's proposal regarding TAWS vs. HTAWS, 
please see VI.B.
    Section 91.1045(b)(5) refers to airborne thunderstorm detection 
equipment required by Sec.  135.173 or airborne weather radar required 
by Sec.  135.175, as applicable to the aircraft specified in each 
section. This section is applicable to airplanes having a passenger-
seat configuration of 30 seats or fewer, excluding each crewmember, and 
a payload capacity of 7,500 pounds or less, and any rotorcraft (as 
applicable). The use of airborne thunderstorm detection equipment or 
airborne weather radar contributes to greater safety in operations 
because it enables the pilot to detect and locate severe adverse 
weather areas early. The equipment also enables the pilot to avoid 
these areas or take other action necessary for safety of flight. 
Therefore, the FAA proposes in Sec.  194.302(uu) that Sec.  
91.1045(b)(5) apply to powered-lift. As an additional note, the 
requirements of Sec. Sec.  135.173 and 135.175 apply as-written to 
powered-lift because they apply to aircraft and the FAA is not 
proposing to apply the helicopter provisions of those sections to 
powered-lift.
    The provisions in Sec.  91.1109, with the exception of Sec.  
91.1109(b)(4), are applicable to powered-lift because they apply to 
aircraft. Section 91.1109(b) requires each person desiring to establish 
or change an approved inspection program under this section to submit 
the inspection program for approval to the Flight Standards office that 
issued the program manager's management specifications. Under Sec.  
91.1109(b)(4), the inspection program may be derived from an airplane 
inspection program approved under Sec.  125.247 and currently in use 
under part 125. The FAA has recently proposed to amend the 
applicability of part 119 and allow powered-lift operations in part 125 
in the Update to Air Carrier Definitions NPRM. However, the FAA is not 
including part 125 in this SFAR because there are no powered-lift 
currently in the certification process (or expected in the foreseeable 
future) that meet the applicability requirements of part 125. Although 
Sec.  91.1109(b)(4) is not applicable to powered-lift, the remaining 
provisions in Sec.  91.1109 apply to powered-lift because they apply to 
all aircraft.
    Additionally, the FAA noted that Sec.  91.1115(b)(1) uses the word 
``airplane'' and the rest of paragraph (b) uses the word aircraft. In 
examining the NPRM and the final rule promulgating subpart K, the FAA 
expressed no intent to call out paragraph (b)(1) for airplanes only. 
The NPRM and final rule expressed intent to hold operations under 
subpart K to the same safety standards as other operations. Section 
91.213, the other inoperative instruments and equipment regulation 
within part 91, uses the word aircraft throughout and was the model 
language used for Sec.  91.1115. The word airplane was substituted for 
the word aircraft in Sec.  91.1115(b)(1) in error. The FAA proposes a 
technical amendment to Sec.  91.1115(b)(1) to change the word 
``airplane'' to ``aircraft.'' Changing this reference will not 
adversely affect any other category of aircraft. As changed, this 
section would then apply to powered-lift.
    The Continuous Airworthiness Maintenance Program (CAMP) program 
manager is primarily responsible for maintaining the airworthiness of 
the program aircraft, including airframes, aircraft engines, 
propellers, rotors, appliances, and parts, including for powered-lift. 
There are also other obligations, such as preparing mechanical 
reliability reports and mechanical interruptions summaries. The CAMP 
manager is also responsible for maintaining the operations manual and 
maintaining the records required by Sec.  91.1427 for the specified 
amount of time. Fractional ownership CAMP requirements apply to 
powered-lift because, similar to the fractional ownership program 
discussed above, the CAMP Manager's obligations are

[[Page 39040]]

applicable to all aircraft in the program, including powered-lift. As 
discussed in section VII.A.2, the FAA reiterates that the term 
``engine'' includes electric engines and any other powerplants.

C. Part 97 Rules for Powered-Lift

    Part 97 of title 14 prescribes standard instrument approach 
procedures, obstacle departure procedures, and weather minimums that 
apply to IFR takeoffs and landings at civil airports in the U.S.\377\ 
Section 97.3 defines Copter Procedures as helicopter procedures, with 
applicable minimums as prescribed in Sec.  97.35.\378\ The definition 
is limited to helicopters because when part 97 was promulgated, the FAA 
did not envision that aircraft would have hybrid airplane and 
helicopter characteristics. Consequently, powered-lift are currently 
excluded from using Copter Procedures even if they are able to perform 
the operations safely. The purpose of this section of the SFAR is to 
propose a regulatory pathway that allows powered-lift to utilize the 
Copter Procedures specified in Sec.  97.3.
---------------------------------------------------------------------------

    \377\ Instrument means a device using an internal mechanism to 
show visually or aurally the attitude, altitude, or operation of an 
aircraft or aircraft part. It includes electronic devices for 
automatically controlling an aircraft in flight. See, 14 CFR 1.1. 
The IFR are applicable to an aircraft, pilot, and operation when 
operating in IMC as opposed to VMC.
    \378\ The minimums prescribed in Sec. Sec.  97.21 through 97.37, 
including Sec.  97.35, are not published in the Code of Federal 
Regulations. Federal Register citations affecting these procedures 
can be found in the List of CFR Sections Affected (LSA), April 2020 
at https://www.govinfo.gov/content/pkg/LSA-2020-04/html/LSA-2020-04-title14.htm. Section 97.20 prescribes the Standard for Terminal 
Instrument Procedures (TERPs), which is documented on FAA Forms 
8260-3, 8260-4, 8260-5, and 8260-15A, and depicted on aeronautical 
charts published by the FAA at https://www.faa.gov/air_traffic/flight_info/aeronav/digital_products/. They are incorporated by 
reference pursuant to 5 U.S.C. 552(a) and 1 CFR part 51.
---------------------------------------------------------------------------

    Part 97 was established because the FAA recognized the 
technological advances that supported the ability to take-off and land 
safely at airports while operating under IFR. It was originally 
codified in 1963 without reference to Copter Procedures, but the term 
was added in 1972 \379\ and defined as: helicopter procedures, with 
applicable minimums as prescribed in Sec.  97.35. Helicopters may also 
use other procedures prescribed in Subchapter C of this part and may 
use the Category A minimum descent altitude (MDA), or decision height 
(DH). The required visibility minimum may be reduced to one-half the 
published visibility minimum for Category A aircraft, but in no case 
may it be reduced to less than one-quarter mile or 1,200 feet runway 
visual range (RVR). HAL means height above a designated helicopter 
landing area used for helicopter instrument approach procedures. Point 
in space means a helicopter instrument approach procedure to a point in 
space to a missed approach point that is more than 2,600 feet from an 
associated helicopter landing area.\380\
---------------------------------------------------------------------------

    \379\ General Operating and Flight Rules, 37 FR 6286 (Mar. 28, 
1972).
    \380\ Designation of Federal Airways, Controlled Airspace and 
Reporting Points, 37 FR 6286 (Mar. 28, 1972).
---------------------------------------------------------------------------

    Part 97 was further amended in 2002 to allow for technological 
advances that support area navigation (RNAV), such as GPS, while 
retaining the current ground-based systems.\381\ The amendments also 
changed the Standard Instrument Approach Procedures name to Standard 
Instrument Procedures to reflect that part 97 refers to both takeoffs 
and approaches, and incorporated the term helipoint, defining it as the 
aiming point for the final approach course for heliports. Later 
amendments clarified terminology and updated certain terms for ICAO 
consistency.
---------------------------------------------------------------------------

    \381\ Area Navigation (RNAV) and Miscellaneous Amendments, 72FR 
31661 (Jun. 7, 2007).
---------------------------------------------------------------------------

    The FAA proposes in Sec.  194.305 that powered-lift operators 
seeking to use Copter Procedures must use a powered-lift that has a 
standard airworthiness certificate for IFR operations and meet 
equivalent system design and stability as helicopters currently type 
certificated for instrument flight under the airworthiness standards in 
appendix B to parts 27 and 29. If a powered-lift does not meet that 
equivalency, it would contain a limitation in its aircraft flight 
manual prohibiting use of copter procedures. The specific airworthiness 
standards will be established during the type certification process. 
The criteria the FAA considers necessary for powered-lift to conduct 
Copter Procedures under part 97 are explained below.
1. Copter Instrument Procedures
    Copter instrument procedures (IP) provide an instrument procedure 
along a predetermined course to safely allow helicopter traffic to 
transition between VFR and IFR for approaches and departures. The 
criteria for these approaches or departures are defined in the FAA 
Orders Standard for Terminal Instrument Procedures (TERPS) Manuals and 
presume a certain level of vehicle performance and stability. For 
example, copter instrument approach procedures (IAPs) are designed 
presuming nominal descent rates and gradients over a range of given 
airspeeds. Those approaches also presume the maximum and minimum 
descent glideslope and gradient that may be encountered while 
maintaining vertical navigation accuracy. In addition, the design of 
the IAPs allow for the aircraft to descend to the minimum descent 
altitude (MDA) or decision altitude (DA) prior to or upon arriving at 
the missed approach point (MAP). At the MAP, the pilot must assess 
whether the flight can safely and legally proceed to the destination in 
the meteorological conditions present. Continuation of the flight 
beyond the MAP must be accomplished via a visual transition segment in 
accordance with the design of the IAP. The MAP is located such that the 
aircraft can execute the missed approach procedure or visually 
transition to a safe landing by using a nominal deceleration rate. Both 
the missed approach procedures and departure procedures are designed 
with the underlying minimum assumption of aircraft performance as 
defined in the TERPS manual.
    Powered-lift IFR certification and compatibility with instrument 
approaches will be assessed during the aircraft type certification 
process. The aircraft's ability to conduct these types of operations 
will be contained in the approved aircraft flight manual as part of the 
operation limitations and the types of operation in accordance with 
Sec. Sec.  23.2620, 25.1583, 27.1583, and 29.1583, 14 CFR part 27 or 
29, appendix B, section IX, or airworthiness criteria developed in 
accordance with Sec.  21.17(b) that establish an equivalent level of 
safety.
2. Airworthiness Evaluation of Eligibility for Copter Procedures
    For powered-lift seeking approval to fly IFR and to use Copter 
Procedures, the FAA will assess the aircraft's stability, system, and 
equipage for IFR operations as compared to helicopters. This assessment 
will occur during the type certification process. A powered-lift design 
that meets standards that provide an equivalent level of safety to the 
relevant standards in parts 27 and 29 can be certificated for IFR 
flight and authorized to execute Copter Procedures. A powered-lift that 
does not possess these characteristics may still be certificated for 
IFR but will be prohibited from performing Copter Procedures and have a 
limitation in the Aircraft Flight Manual to that effect.
    For helicopters, appendix B to parts 27 and 29 (``Airworthiness 
Criteria for Helicopter Instrument Flight'') is based on the 
traditional operating profile of a classically designed helicopter and 
flight control system. The safety objectives contained within appendix 
B for IFR approval focus on an increase in

[[Page 39041]]

stability, system design, and system safety over a part 27 or 29 
Helicopter only approved to operate under VFR. The FAA does acknowledge 
that for powered-lift, the appendix B assumptions are not directly 
compatible due to the aircraft's hybrid capability and flight controls. 
For powered-lift, safety objectives equivalent to appendix B will be 
incorporated as part of the type design requirements, specifically 
focusing on (1) adequate static stability, (2) adequate dynamic 
stability, and (3) system safety.
    Static stability is the aircraft's ability to maintain or return to 
its original flight path, and dynamic stability is the aircraft's 
ability to return to a stabilized condition after being disturbed. The 
ability to maintain uniform flight conditions and recover from 
disturbances without requiring exceptional pilot skill and ability is 
critical when assessing an aircraft for IFR approval. System safety is 
a design process that ensures adequate robustness of the aircraft 
systems based on the failure hazard analysis developed during the type 
certification process. It involves identifying risks to the entire 
system and developing mitigations based on how the aircraft responds to 
system failures. Under the FAA's proposal, powered-lift designs may 
include additional design redundancy compared to a classically designed 
helicopter to ensure that the crew could safely manage any failures.
    The FAA proposes that powered-lift seeking approval for IFR 
operations meet equivalent standards in appendix B regarding system 
safety and stability during the type certification process. The 
specific requirements will be established during the type certification 
process when the FAA evaluates the types of operations that the 
applicant intends to conduct. The FAA will assess those operations, 
which may include IFR and Copter Procedures, as part of the type design 
approval process to ensure that they can be conducted safely. Those 
operations will be identified in the limitations of the aircraft flight 
manual along with any other specific limitations and procedures 
necessary for safe operation.
    Upon termination of the SFAR and in accordance with any changes 
made permanent after the expiration of the SFAR, the FAA expects to 
update guidance material, such as the TERPS Manual, certain Advisory 
Circulars,\382\ the Airman Information Manual (AIM), and the 
Aeronautical Information Publication (AIP).
---------------------------------------------------------------------------

    \382\ E.g., AC 90-80C Approval of Offshore Standard Approach 
Procedures, Airborne Radar Approaches, and Helicopter En Route 
Descent Areas; AC 90-101A--Approval Guidance for Required Navigation 
Performance (RNP) Procedures with Authorization Required (AR); AC 
90-105A--Approval Guidance for RNP Operations and Barometric 
Vertical Navigation in the U.S. National Airspace System and in 
Oceanic and Remote Continental Airspace; and AC 90-119 Performance 
Based Navigation Operations.
---------------------------------------------------------------------------

    Navigation Specification (NavSpec) RNP 0.3 currently applies only 
to rotorcraft operations. The FAA will assess the navigational system 
for powered-lift to determine if they will be allowed to use this 
NavSpec. The NavSpec will be amended as required following these 
determinations.

D. Part 135 Rules for Powered-Lift

    The FAA expects there will be a demand to use powered-lift in 
commercial operations requiring a part 119 certificate. Therefore, to 
safely integrate these aircraft into part 135 operations, the FAA 
completed a review of the current part 135 regulations to determine any 
necessary additional applicability to powered-lift.
    Part 135 applies to two kinds of operations: on-demand and 
commuter. These operations are defined in Sec.  110.2. On-demand 
operations are those either conducted as a public charter under part 
380 or any operations in which the departure time and location and 
arrival location are specifically negotiated with the customer and are: 
in rotorcraft; common carriage operations with airplanes (including 
turbojet-powered airplanes) that have a passenger-seat configuration of 
30 seats or fewer and a payload capacity of 7,500 pounds or less; or 
noncommon or private carriage operations conducted with airplanes 
having a passenger-seat configuration of less than 20 seats and a 
payload capacity of less than 6,000 pounds.
    On-demand operations also include scheduled passenger-carrying 
operations that consist of less than five round-trips per week on at 
least one route between two or more points according to its published 
flight schedules in airplanes (other than turbojet-powered airplanes) 
that have a maximum passenger-seat configuration of 9 seats or less and 
a maximum payload capacity of 7,500 pounds or less, or in any 
rotorcraft. Finally, on-demand operations also include all-cargo 
operations conducted with airplanes having a payload capacity of 7,500 
pounds or less, or with rotorcraft.
    Commuter operations are scheduled operations conducted by any 
person operating airplanes (other than turbojet-powered airplanes) that 
have a maximum passenger-seat configuration of 9 seats or less and a 
maximum payload capacity of 7,500 pounds or less, as well as all 
rotorcraft, when such operations conduct at least five round trips per 
week on at least one route between two or more points according to its 
published flight schedules. As described in Section III. of this 
preamble, the Update to Air Carrier Definitions NPRM proposes to revise 
the definitions of commuter and on-demand to add powered-lift to part 
110 so that operations can be conducted with those aircraft under part 
135.
    Part 135 includes references to airplanes, helicopters, rotorcraft, 
and powered-lift; however, part 135 only references powered-lift once. 
That reference is in the flight experience requirements of Sec.  135.4. 
Although the term powered-lift was introduced when Sec.  135.4 was 
added to part 135, it was not necessary to review and revise any other 
sections of part 135 to incorporate powered-lift because powered-lift 
were not available for civil operations at that time.
    As previously stated in section VI.A, all regulatory requirements 
imposed on ``aircraft'' apply to powered-lift. Accordingly, any 
portions of part 135 which are silent to aircraft category are 
applicable to all part 135 operations conducted with powered-lift. Part 
135 training and qualification requirements for pilots of powered-lift 
are discussed in section V.G of this preamble.
1. Part 135 Helicopter Rules Addressed in this SFAR
    The FAA analyzed the part 135 regulations and identified helicopter 
rules that it determined should apply to powered-lift, either because 
the rules are more conservative or appropriate considering the VTOL 
capabilities of powered-lift. The FAA considered the similarities 
between helicopter and powered-lift in areas such as performance 
characteristics, vertical take-off and landing capabilities, 
maneuverability, range and operating environment. The FAA also 
considered those part 135 operations for which powered-lift could be 
used in lieu of a helicopter due to the capabilities of powered-lift 
such as those pertaining to air ambulance operations and off-shore 
passenger carrying operations that are currently unique to helicopters.
i. Subpart B: Flight Operations
    Section 135.117(a) requires each PIC of an aircraft carrying 
passengers to ensure that passengers have been orally briefed on 
certain specific items. Specifically, Sec.  135.117(a)(6) requires 
that, for flights involving extended overwater operations, passengers 
must be orally briefed on ditching procedures and the use of required 
flotation

[[Page 39042]]

equipment. An extended over water operation means, with respect to 
helicopters, an operation over water at a horizontal distance of more 
than 50 nautical miles from the nearest shoreline and more than 50 
nautical miles from an off-shore heliport structure.\383\ In addition, 
Sec.  135.117(a)(9) requires that, before each takeoff, the PIC of a 
rotorcraft that involves flight beyond the autorotational distance from 
the shoreline ensure that all passengers have been orally briefed on 
the use of life preservers, ditching procedures, and emergency exit 
from the rotorcraft in the event of a ditching. This briefing must 
include the location and use of life rafts and other life preserver 
devices as applicable.\384\
---------------------------------------------------------------------------

    \383\ 14 CFR 1.1.
    \384\ ``As applicable'' means if the aircraft is carrying rafts 
or other life preserver devices onboard, passengers must be briefed 
on the location and use of these items.
---------------------------------------------------------------------------

    In the preamble promulgating Sec.  135.117, the FAA explained that 
the safety equipment requirements for helicopters are different from 
those of airplanes.\385\ This differentiation is made for two reasons. 
First, helicopters generally operate at lower altitudes than 
airplanes--usually below 10,000 feet. These lower altitudes reduce the 
autorotational distance and less time is available to prepare for an 
unplanned landing due to an unexpected event. Second, airplanes are 
designed with certain features that can enable them to float for a 
period of time after ditching such as doors above the waterline and, in 
some airplanes with pressurized cabins, closeable outflow valve(s). 
Helicopters do not incorporate these design features and may not be 
able to float on the surface like an airplane after ditching. 
Additionally, helicopters, by design, generally have a higher center of 
gravity and, when ditched, can roll over and then rapidly fill with 
water causing them to sink. Based on these two considerations, 
helicopter passengers must have additional protections for survival in 
water if they need to exit the helicopter after ditching as reflected 
by the requirements in Sec.  135.117(a)(9).\386\
---------------------------------------------------------------------------

    \385\ Air Ambulance and Commercial Helicopter Operations, Part 
91 Helicopter Operations, and Part 135 Aircraft Operations; Safety 
Initiatives and Miscellaneous Amendments, 75 FR 62639 (Oct. 12, 
2010).
    \386\ If the aircraft is carrying rafts or other life preserver 
devices onboard, passengers must be briefed on the location and use 
of these items.
---------------------------------------------------------------------------

    Powered-lift may have a wide variety of design features that may 
influence buoyancy after ditching and the ability to evacuate in case 
of an emergency. For example, some aircraft with pressurized cabins are 
likely to be more buoyant and water resistant than other aircraft 
without a pressurized cabin. In addition, different aircraft designs, 
including a lower center of gravity and passenger doors above the 
waterline, may increase the ability to not take on water and float for 
a longer period of time. With regard to features that may influence 
buoyancy and whether the powered-lift will take on water or float for a 
longer period of time after ditching is unknown. The FAA does not have 
the historical data on these new aircraft designs to assert that the 
positive buoyancy characteristics and the potential to float for a 
longer period of time--characteristics of airplane designs--will exist 
in powered-lift. Therefore, the FAA proposes to address powered-lift as 
helicopters for the purpose of over water operations.
    Further because some-powered lift may be capable of operations 
beyond 50 NM of the shoreline or an off-shore heliport structure and 
are able to conduct takeoff and landing operations similar to 
helicopters, the FAA proposes to apply to powered-lift, the helicopter-
specific definition in Sec.  1.1 of extended over-water operations. 
This means if a powered-lift conducts an operation beyond 50 NM of the 
shoreline or an off-shore heliport structure, then it would be 
conducting an extended overwater operation and would be required to 
conduct the briefing required by Sec.  135.117(a)(6).
    Additionally, the FAA anticipates powered-lift may be designed to 
auto-rotate or glide to a landing. Accordingly, the FAA proposes in 
Sec.  194.308(b) to apply the briefing requirement of Sec.  
135.117(a)(9) to powered-lift that are conducting operations beyond the 
auto-rotational distance or gliding distance from the shoreline. This 
will ensure the use of life preservers, ditching procedures and 
emergency exits, and if applicable, the location and use of life rafts 
and other life preserver devices have been briefed if a powered-lift 
ditches.
ii. Subpart C: Aircraft and Equipment
    Section 135.160 requires radio altimeters for all rotorcraft 
operations conducted under part 135. The FAA determined that radio 
altimeters are an important safety device designed to inform the pilot 
of the aircraft's actual height above the surface.\387\ Radio 
altimeters are valuable safety tools. For example, they provide 
additional situational awareness during an inadvertent encounter with 
IMC as well as additional situational awareness after encounters with 
brownout,\388\ whiteout,\389\ or other situations where vision is 
suddenly limited, and pilots lose their reference to the horizon and 
the ground. Additionally, radio altimeters can greatly improve a 
pilot's awareness of height above the ground during hover, landing in 
unimproved landing zones, and landings in confined areas where a more 
vertical approach may be required.\390\
---------------------------------------------------------------------------

    \387\ Helicopter Air Ambulance, Commercial Helicopter, and Part 
91 Helicopter Operations, 79 FR 9938 (Feb. 21, 2014).
    \388\ The Aeronautical Information Manual describes brownout as 
an in-flight visibility restriction due to dust or sand in the air. 
In a brownout, the pilot cannot see nearby objects which provide the 
outside visual references necessary to control the aircraft near the 
ground.
    \389\ The Aeronautical Information Manual describes white out as 
occurring when a person becomes engulfed in a uniformly white glow. 
The glow is a result of being surrounded by blowing snow, dust, 
sand, mud or water.
    \390\ Helicopter Air Ambulance, Commercial Helicopter, and Part 
91 Helicopter Operations, 79 FR 9931 (Feb. 21, 2014).
---------------------------------------------------------------------------

    The FAA foresees powered-lift being utilized in similar operational 
locations to rotorcraft, such as takeoff and landing operations to and 
from unimproved landing zones, including off-airport operations. This 
means that these aircraft could encounter many of the same hazardous 
issues, such as flat light,\391\ whiteout, and brownout, which 
helicopters conducting part 135 operations can encounter. In addition, 
during inadvertent encounters with IMC, a radio altimeter can also 
provide additional situational awareness to the pilot. In order to 
establish a level of safety comparable to current rotorcraft operations 
under part 135, the FAA proposes in Sec.  194.308(c) to require persons 
operating powered-lift to comply with the radio altimeter requirements 
of Sec.  135.160.\392\ As permitted for rotorcraft that must comply 
with Sec.  135.160(a), the FAA also proposes to allow persons operating 
powered-lift with a maximum takeoff weight no greater than 2,950 
pounds, the ability to apply for a deviation from the radio altimeter 
requirements in accordance with Sec.  135.160(b).
---------------------------------------------------------------------------

    \391\ The Aeronautical Information Manual describes Flat Light 
as an optical illusion that causes pilots to lose their depth of 
field and contrast in vision.
    \392\ A-02-35 NTSB recommendation to incorporate radio 
altimeters for passenger carrying operations.
---------------------------------------------------------------------------

    Section 135.163 outlines the equipment requirements for all 
aircraft carrying passengers under IFR. The intent of Sec.  135.163(g) 
is to ensure an adequate level of safety for multi-engine aircraft 
carrying passengers under IFR in the event that an engine fails 
resulting in an accompanying loss of electrical generation on that 
engine. By requiring the second power source to be on a

[[Page 39043]]

separate engine, an engine failure during IMC does not become a 
compound emergency of engine failure and electrical failure 
simultaneously. Section 135.163(g) contains an exception for multi-
engine helicopters that states the two required generators may be 
mounted on the main rotor drive train and a loss of one powerplant will 
not affect both generators since they are on a common drive train. 
Section 135.163 currently applies to powered-lift as written. The FAA 
proposes in Sec.  194.308(d) to allow powered-lift to utilize the 
exception for helicopters contained in Sec.  135.163(g) when that 
powered-lift is equipped with a rotor system drivetrain that is driven 
by two separate powerplants and able to run the two required generators 
because, just as for rotorcraft, the loss of one powerplant would not 
affect both generators.
    Part 135 contains requirements for emergency equipment for both 
extended overwater and rotorcraft overwater operations. Specifically, 
Sec.  135.167 details the requirements for all aircraft conducting 
extended overwater operations, and Sec.  135.168 details the 
requirements for rotorcraft overwater operations. Section 135.167 
requires life preservers be easily accessible to each seated occupant 
in an aircraft, subject to a limited exception during an air ambulance 
operation. Section 135.168 requires life preservers be worn by 
occupants in rotorcraft in overwater operations. In Sec.  135.167, an 
emergency locator transmitter (ELT) must be attached to a required life 
raft, while Sec.  135.168 requires the aircraft to carry an approved 
and installed ELT because there is no requirement to carry a life raft.
    Airplanes are designed with certain features that enable them to 
float for a period of time after ditching, such as doors above the 
waterline, partially empty fuel tanks, and in some airplanes, 
pressurized cabins with closeable outflow valves. Due to powered-lift 
being a new entrant into the civilian marketplace, the FAA does not 
have the historical data to assert that these positive buoyancy 
characteristics of airplanes will exist in powered-lift. Accordingly, 
the FAA proposes to apply Sec.  194.308(e) to Sec.  135.168 (that 
pertains to rotorcraft) to powered-lift. If the powered-lift is 
operating overwater beyond the gliding or autorotational distance of 
the shoreline then life preservers must be provided and worn by each 
occupant.
    In developing this proposal, the FAA considered the 2010 notice of 
proposed rulemaking (NPRM),\393\ which proposed the requirement for 
helicopters operated beyond the autorotational distance from shore to 
be equipped with electronically deployable or externally mounted life 
rafts. In the 2014 final rule,\394\ the FAA removed that proposed life 
raft requirement, reasoning that the cost of equipping helicopters with 
life rafts would not be justified by an increase in the survivability 
of accidents. The FAA stated that there are relatively few accidents 
beyond autorotational distance from the shoreline. Among the accidents 
identified, few qualify as survivable, and of the survivable accidents, 
the requirement to wear life preservers would generate the greatest 
likelihood of surviving in the water.\395\
---------------------------------------------------------------------------

    \393\ Air Ambulance and Commercial Helicopter Operations, Part 
91 Helicopter Operations, and Part 135 Aircraft Operations; Safety 
Initiatives and Miscellaneous Amendments, 75 FR 62639 (Oct. 12, 
2010).
    \394\ Helicopter Air Ambulance, Commercial Helicopter, and Part 
91 Helicopter Operations, 79 FR 9931 (Feb. 21, 2014).
    \395\ Id. at 9973.
---------------------------------------------------------------------------

    The FAA anticipates powered-lift operated overwater will have a 
survivability sequence (sequence of events which occur upon impact with 
the water) more similar to rotorcraft than airplanes and that the 
donning of life preservers would provide for the greatest likelihood of 
surviving in the water versus requiring the carriage of a life raft 
whenever powered-lift are conducting overwater operations beyond 
gliding and/or autorotational distance from the shoreline. 
Additionally, the ELT requirements of Sec.  135.168 are appropriate for 
powered-lift because there is no life raft requirement except during 
extended overwater operations. This will ensure that all powered-lift 
that conduct operations beyond the gliding distance or the 
autorotational distance from the shoreline will have the added safety 
benefit of rescue locating by the signaling device.
    Section 135.181 details performance requirements for all aircraft 
operated over-the-top \396\ or in IFR conditions. This section also 
contains a provision, in Sec.  135.181(b), that is specific to 
multiengine helicopters carrying passengers in the offshore environment 
and that allows these helicopters to conduct certain operations over-
the-top or in IFR conditions. The FAA asserted that the provision 
contained in Sec.  135.181(b) was in the public interest to allow this 
specific performance requirement for multiengine helicopters conducting 
passenger carrying operations offshore as such operations support 
exploration and development of energy supplies, and provided economic 
relief to those operators by allowing better utilization of the 
existing fleet without compromising safety.\397\ The FAA anticipates 
that powered-lift could also be used in conducting offshore passenger 
operations that are currently provided by multiengine helicopters. The 
FAA notes that all powered-lift with the possibility of being operated 
in civil operations will be multi-engine; accordingly, the FAA proposes 
in Sec.  194.308(f) to apply Sec.  135.181(b) to all powered-lift. The 
FAA anticipates a powered-lift that is able to meet the performance 
requirements of Sec.  135.181(b) would be providing the same level of 
safety established for helicopters using the same rationale that 
helicopters were afforded with this exception when operating in the 
offshore environment. This exception would provide the same economic 
relief to powered-lift operators as that experienced by helicopter 
operators.
---------------------------------------------------------------------------

    \396\ Over-the-top means above the layer of clouds or other 
obscuring phenomena forming the ceiling.
    \397\ Rotorcraft Regulatory Review Program Notice No. 5, 50 FR 
10165 (Mar. 13, 1985).
---------------------------------------------------------------------------

    Section 135.183 provides the performance requirements for land 
aircraft to operate over water. The basic premise for this regulation 
is that a land aircraft must be operated in such a way as to keep the 
aircraft out of the water. Paragraph (a) requires that any aircraft 
operate at an altitude that allows it to reach land in the event of an 
engine failure. Paragraph (b) allows overwater operations strictly 
limited to only takeoff and landing operations. Paragraph (c) requires 
a multiengine aircraft to be able to climb with its critical engine 
inoperative at least 50 feet a minute at 1000 feet above the surface. 
Paragraph (d) allows helicopters the option of installing floats if 
they are unable to meet the requirements of paragraph (a) or (c). With 
the exception of paragraph (d), powered-lift operations over water must 
comply with the provisions of Sec.  135.183, because it references 
aircraft. In 1973, the FAA added paragraph (d) for helicopters equipped 
with flotation devices.\398\ The FAA determined that helicopters could 
be operated safely beyond land in the case of an engine failure as long 
as the helicopter was equipped with flotation devices, even if they did 
not meet the requirements in paragraph (a) or (c).\399\ The FAA 
anticipates that powered-lift may be utilized in the same fashion as 
helicopters carrying passengers over

[[Page 39044]]

water. The FAA is uncertain if powered-lift will be equipped with 
floats; however, the FAA expects that a powered-lift that is equipped 
with floatation devices through an FAA certification process will 
provide the same level of safety that is currently extended to 
helicopters because the FAA anticipates that a powered-lift with floats 
would land similarly to a float-equipped helicopter. Accordingly, the 
FAA proposes in Sec.  194.308(g) to allow powered-lift to utilize the 
exception contained in paragraph (d) if the powered-lift is unable to 
meet the requirements of paragraph (a) or (c).
---------------------------------------------------------------------------

    \398\ Helicopter Use Over Water, 38 FR 12906 (May 17, 1973) 
(amending Sec.  135.147, which contained the requirements in Sec.  
135.183 prior to the recodification in 1978).
    \399\ Id.
---------------------------------------------------------------------------

iii. Subpart D: VFR/IFR Operating Limitations and Weather Requirements
    Section 135.207, which outlines helicopter surface reference 
requirements under VFR, was originally promulgated in 1958 and at a 
time when helicopters were not widely equipped with gyroscopic flight 
instruments.\400\ This rule has remained unchanged throughout the years 
leaving its application, in this case, to be somewhat inappropriate due 
to the advances in technology of many aircraft since its inception. 
Much research has also occurred in the science of human factors 
associated with flying at night in reference to objects on the surface 
or on the horizon. This section specifically omitted airplanes at the 
time of publication because airplanes were more widely equipped with 
the adequate instrumentation needed to maintain a pilot's situational 
awareness.\401\ The FAA anticipates that powered-lift will be equipped 
with advanced technologies and flight instrumentation that would 
provide adequate situational awareness as well as an ability to 
maintain positive control of an aircraft in lower light and visibility 
situations. However, some powered-lift could be manufactured without 
gyroscopic flight instruments. To ensure the pilot can safely control 
the aircraft, the FAA proposes in Sec.  194.308(h) that this section 
only apply to powered-lift that do not have the flight instrumentation 
listed in Sec.  135.159 installed and operable.
---------------------------------------------------------------------------

    \400\ Part 46--Scheduled Air Carrier Helicopter Certification 
and Operation Rules, 23 FR 2265 (Apr. 8, 1958).
    \401\ Part 46--Scheduled Air Carrier Helicopter Certification 
and Operation Rules, 23 FR 2264 (Apr. 8, 1958).
---------------------------------------------------------------------------

    Section 135.227(d) prohibits helicopters from flying under IFR into 
known or forecast icing conditions or under VFR into known icing 
conditions unless the helicopter is type certificated and appropriately 
equipped for operations in icing conditions. A powered-lift should also 
be prohibited from operating in certain icing conditions unless it is 
type certificated and appropriately equipped for operations in such 
conditions. This requirement will ensure those aircraft can safely 
operate in icing conditions because they are appropriately certificated 
and equipped with the proper equipment. Section 135.227(c)(2) and (3), 
which are applicable to airplanes, are similar to Sec.  135.227(d) in 
that those provisions require the aircraft to meet certain 
airworthiness standards in order to operate in certain icing 
conditions. However, Sec.  135.227(d) is appropriate to apply to 
powered-lift because the airworthiness requirements are less specific, 
which makes this paragraph more suited to the Sec.  21.17(b) 
certification process that powered-lift comply with, which is 
appropriate as the FAA gathers more information about powered-lift 
operations in icing conditions. Therefore, the FAA proposes in Sec.  
194.308(i) to apply Sec.  135.227(d) to powered-lift that are type 
certificated and appropriately equipped for operations in icing 
conditions. Operations in icing conditions are discussed more 
extensively in VI.D.2.v regarding airplane rules and weather 
requirements.
    Section 135.229 provides the airport requirements that apply to all 
aircraft with the exception of paragraph (b)(2)(ii) in which 
helicopters are also allowed to use reflective material.\402\ The 
landing lights on helicopters are generally oriented so that they shine 
at an angle approximate to a normal approach angle used by helicopters. 
This negates the need for the landing area to be lit up with runway 
lights and permits the helicopter pilot to easily pick out and maintain 
a safe approach angle to an area marked by reflective material. The FAA 
expects that, since powered-lift are capable of a vertical takeoff or 
landing, they could be equipped with landing lights oriented in a 
direction that enables the pilot to see a landing area marked by 
reflective material. Accordingly, the FAA determined that for powered-
lift that are conducting a vertical takeoff or landing and that are 
equipped with landing lights oriented in a direction that enables the 
pilot to see the takeoff or landing area marked by reflective material, 
then powered-lift may use that reflective material that a helicopter is 
permitted by Sec.  135.229(b)(2)(ii). If conducting a takeoff or 
landing roll using wing-born lift, a powered-lift must takeoff or land 
at an airport with boundary or runway marker lights, as set forth in 
Sec.  135.229(b)(2)(i). The FAA proposes in Sec.  194.308(j) to allow 
powered-lift to takeoff from or land at an airport that uses reflective 
material when conducting a takeoff or landing in the vertical-lift 
flight mode and is equipped with landing lights oriented in a direction 
that enables the pilot to see the takeoff or landing area marked by 
reflective material.
---------------------------------------------------------------------------

    \402\ Miscellaneous Amendments, 29 FR 2988 (Mar. 5, 1964).
---------------------------------------------------------------------------

iv. Subpart F: Crewmember Flight Time and Duty Period Limitations and 
Rest Requirements
    Subpart F details crewmember flight time, duty period limitations, 
and rest requirements. These sections are applicable to scheduled and 
unscheduled operations regardless of the type of aircraft with the 
exception of Sec.  135.271, Helicopter Hospital Emergency Medical 
Evacuation Services (HEMES). The FAA has noted previously that it uses 
the terms helicopter air ambulance (HAA) and HEMES 
interchangeably.\403\ Section 135.271 requires different rest and duty 
requirements for HAA operations conducted from a hospital, and in order 
to assure that a helicopter pilot is adequately rested, there is a 
requirement to have an approved place of rest at or in close proximity 
to the hospital where the helicopter is based. The FAA stated in the 
NPRM for Sec.  135.271 that air ambulance operations are of undoubted 
social benefit and proven safety, and that the FAA has been issuing 
exemptions for these operations for several years and is satisfied that 
they are safe.\404\
---------------------------------------------------------------------------

    \403\ National Policy regarding Helicopter Air Ambulance 
Operations, available at https://www.faa.gov/documentLibrary/media/Notice/N_8900.509.pdf.
    \404\ Flight Time Limitations and Rest Requirements for Flight 
Crewmembers, 49 FR 12136, 12141 (Mar. 28, 1984).
---------------------------------------------------------------------------

    Since powered-lift are able to conduct vertical takeoffs and 
landings, they could be based at a hospital heliport. Therefore, the 
FAA anticipates powered-lift operators will be able to conduct HAA 
operations that are subject to the requirements of Sec.  135.271. 
Operators that have a powered-lift based at a hospital should be 
allowed to use the rest and duty rules permitted by this section, just 
as current helicopter operators are permitted. The FAA applies this 
provision to all HAA instead of using the term HEMES for maximum 
clarity going forward with respect to which operations these 
limitations are applicable to. This determination is consistent with 
the preamble accompanying

[[Page 39045]]

implementation of this provision, which indicates it was intended to 
apply to all HAA.\405\ Therefore, the FAA proposes in Sec.  194.308(k) 
that Sec.  135.271 apply to powered-lift conducting HAA operations in 
accordance with subpart L of part 135.
---------------------------------------------------------------------------

    \405\ See, e.g., Helicopter Air AMBULANCE, commercial 
Helicopter, and Part 91 Helicopter Operations, 79 FR 9944 (Feb. 21, 
2014), which states: ``As established by this rule, all helicopter 
air ambulance operations with medical personnel or patients on board 
must be conducted under part 135. The provisions of Sec. Sec.  
135.267 and 135.271 would therefore apply to the helicopter air 
ambulance operations previously conducted under part 91''.
---------------------------------------------------------------------------

v. Subpart J: Maintenance, Preventative Maintenance, and Alterations
    Section 135.429 applies to all aircraft, except for paragraph (d) 
which states that the FAA may approve procedures for the performance of 
required inspection items by a pilot of a rotorcraft that operates in 
remote areas or sites. The pilot may perform the inspection items, with 
certain limitations, when no other qualified personnel are available 
and a mechanical interruption occurs. The FAA expects a pilot who is 
trained under the requirements of Sec.  135.429(d) would provide the 
same level of competency as a certificated mechanic.\406\ The rule is 
intended to allow a certificate holder the opportunity to establish a 
preventive maintenance process for when a mechanical interruption 
occurs in a remote area or site. The inspection must be accomplished 
under the direct control of the certificate holder's maintenance 
program. Because powered-lift may take off and land like a rotorcraft, 
some powered-lift may operate in remote areas or sites. Consequently 
powered-lift used in such operations experience the same challenges 
that exist for rotorcraft when an unscheduled mechanical interruption 
occurs. Therefore, the FAA proposes in Sec.  194.308(l) to apply Sec.  
135.429(d) to powered-lift that operate in remote areas or sites.
---------------------------------------------------------------------------

    \406\ See Rotorcraft Regulatory Review Program Amendment No. 5; 
Operations and Maintenance; Final Rule, 51 FR 40692 (Nov. 7, 1986).
---------------------------------------------------------------------------

vi. Subpart L: Helicopter Air Ambulance Equipment, Operations, and 
Training Requirements
    Helicopter air ambulance operations must comply with subpart L of 
part 135 in addition to other requirements of this part. Since subpart 
L became effective, significant decreases in HAA fatalities have 
occurred, further justifying the positive impact on the safety benefit 
of these requirements. Since powered-lift can operate similar to a 
helicopter during the critical phases of flight of takeoff and landing, 
and to ensure the higher level of safety that is afforded to medical 
personnel aboard those aircraft, the FAA proposes powered-lift 
conducting air ambulance operations will be required to comply with 
subpart L. Moreover, Sec.  135.1 outlines the applicability of part 
135, and Sec.  135.1(a)(9) lists HAA operations as defined in Sec.  
135.601(b)(1). Because the FAA proposes that subpart L apply to 
powered-lift, it also proposes in Sec.  194.308(a) that Sec.  
135.1(a)(9) apply to powered-lift conducting air ambulance operations.
    The FAA anticipates that operators utilizing powered-lift for air 
ambulance activities will present a new dynamic because these aircraft 
can be operated like an airplane and a helicopter. The FAA currently 
differentiates between airplane air ambulance operations and HAA 
operations including the required equipment, weather minimums, required 
risk analysis, flight monitoring, and the authorizing document issued 
to the operator.\407\ As provided in the preamble to the final rule 
implementing subpart L, helicopter air ambulance operations are 
conducted under unique conditions.\408\ Such flights are often time 
sensitive and operate at low altitudes and under varied weather 
conditions. They must often land at unfamiliar, remote, or unimproved 
sites with hazards like trees, buildings, towers, wires, and uneven 
terrain. Patients being transported often do not have a choice between 
operator or mode of transportation. For these reasons, the FAA 
established more stringent safety regulations applicable to HAA 
operations which include weather minimums and visibility requirements, 
as well as mandating flight planning, preflight risk analyses, safety 
briefings for medical personnel, and the establishment of operations 
control centers (OCC) for certain operators to help with risk 
management and flight monitoring. The rule also includes provisions to 
encourage instrument flight rules (IFR) operations. It requires 
helicopter air ambulances to be equipped with both helicopter terrain 
awareness and warning systems (HTAWS) (the HTAWS will warn pilots about 
obstacles in their flight path), and flight data monitoring systems. 
Finally, helicopter air ambulance pilots are required to hold 
instrument ratings.\409\
---------------------------------------------------------------------------

    \407\ Air ambulance operations conducted in an airplane are 
approved through issuance of Operations Specification A024, while 
air ambulance conducted in a helicopter are approved through 
issuance of A021. When the type of operation is proposed in powered-
lift, the FAA will issue the appropriate operations specification.
    \408\ Helicopter Air Ambulance, Commercial Helicopter, and Part 
91 Helicopter Operations, 79 FR 9931 (Feb. 21, 2014).
    \409\ Helicopter Air Ambulance, Commercial Helicopter, and Part 
91 Helicopter Operations, 79 FR 9931 (Feb. 21, 2014).
---------------------------------------------------------------------------

    The FAA anticipates that powered-lift be used in air ambulance 
operations would likely complete operations similar to those currently 
conducted by helicopters and thus also be likely to encounter 
circumstances similar to helicopters in air ambulance operations. 
Powered-lift conducting air ambulance operations should be afforded the 
same level of safety as HAA operations, and the rules contained in 
subpart L will provide this level of safety. Accordingly, the FAA 
proposes in Sec.  194.308(m) that the applicability and definitions 
section of subpart L also apply to powered-lift.
    The FAA conducted an analysis of the sections in subpart L versus 
those contained throughout subparts A through J to determine if any 
changes in subpart L were required for continuity with the proposed 
powered-lift SFAR, and to ensure there was no conflict in applying 
these rules when air ambulance operations are conducted in a powered-
lift. This analysis and applicability of subpart L are described in the 
following paragraphs.
    Section 135.154 requires terrain awareness and warning systems 
(TAWS) in airplanes with a passenger seat configuration of 6 to 9 
passengers, while Sec.  135.605 requires helicopter terrain awareness 
and warning system (HTAWS) equipment for all helicopters used in HAA 
operations, regardless of passenger seat configuration. This difference 
in requirements is based upon the different flight characteristics and 
the operating environment in which these aircraft operate, such as 
speed, maneuverability, and the altitudes at which they normally 
operate.
    As previously discussed, powered-lift are capable of flight similar 
to both airplanes and helicopters. Consequently, individually the 
current TAWS and HTAWS are not a complete solution for powered-lift due 
to each equipment's capabilities and limitations. In the subsequent 
preamble discussion regarding the applicability of TAWS to airplanes, 
the FAA explains its determination that HTAWs or an FAA approved TAWS 
A/HTAWS hybrid system rather than an airplane-specific TAWS, is 
appropriate for powered-lift having a passenger seating configuration, 
excluding any pilot seat, of 6 or more. See proposed Sec.  194.307(q). 
Consistent with proposed Sec.  194.307(q), for powered-lift operating 
under subpart

[[Page 39046]]

L, the FAA is proposing to allow a hybrid system in a powered-lift that 
utilizes the features of a TAWS A system for wing-borne flight and 
HTAWS for vertical flight modes of operation for compliance with Sec.  
135.605. Without a TAWS A/HTAWS hybrid system, the FAA determined that 
the current HTAWS specification would provide the best level of safety 
without an undue number of nuisance warnings. The FAA proposes in Sec.  
194.308(o) that any powered-lift that is used in air ambulance 
operations as defined Sec.  135.601, modified by the proposed SFAR, be 
equipped with HTAWS, unless equipped with an FAA approved TAWS A/HTAWS 
hybrid system, in accordance with Sec.  135.605.
    Section 135.603 requires the PIC of a helicopter air ambulance 
operation to meet the requirements of Sec.  135.243 and to hold either 
a helicopter instrument rating or an ATP certificate with a category 
and class rating for that aircraft, not limited to VFR. It is equally 
important for PICs of powered-lift air ambulance operations to meet the 
requirements set forth in this section. In the NPRM implementing 
updated requirements for helicopter air ambulance operations, the FAA 
explained that inadvertent flight into IMC is a common factor in 
helicopter air ambulance accidents. In general, many accidents result 
when pilots who lack the necessary skills or equipment to fly in 
marginal VMC or IMC attempt flight without outside references. The 
proposal was intended to ensure that helicopter air ambulance pilots 
are equipped to handle these situations and extract themselves from 
these dangerous situations. A pilot who receives the more extensive 
training on navigating a helicopter solely by reference to instruments 
provided by obtaining an instrument rating is better able to maintain 
situational awareness and maneuver the helicopter into a safe 
environment than a pilot without an instrument rating.\410\
---------------------------------------------------------------------------

    \410\ Air Ambulance and Commercial Helicopter Operations, Part 
91 Helicopter Operations, and Part 135 Aircraft Operations; Safety 
Initiatives and Miscellaneous Amendments, 75 FR 62639 (October 12, 
2010).
---------------------------------------------------------------------------

    These concerns regarding inadvertent flight into IMC would be 
equally applicable for PICs of powered-lift. Accordingly, the FAA 
proposes in Sec.  194.308(n) that these requirements also apply for 
powered-lift operations occurring under subpart L. For further 
discussion of proposed amendments to Sec.  135.243, please see section 
I.5.i. of this preamble.
    The FAA also determined that it would be appropriate to apply the 
requirement set forth in Sec.  135.607 for a helicopter to have for 
flight data monitoring system capable of recording flight performance 
data to powered-lift conducting air ambulance operations. The FAA has 
not identified any reason to differentiate between helicopters and 
powered-lift conducting air ambulance operations for purposes of 
compliance with this requirement, as it would be equally important for 
powered-lift to record flight performance data in the dynamic 
environment contemplated by subpart L. Accordingly, the FAA proposes 
this requirement be applicable to powered-lift in Sec.  194.308(p).
    Section 135.609(a) specifies the minimum ceiling and visibility 
requirements for conducting VFR helicopter air ambulance operations in 
Class G airspace. Those requirements are broken down into day or night, 
mountainous or non-mountainous, and local or non-local flying areas. 
Section 135.601(b)(3) defines mountainous areas as those designated 
under part 95 of chapter I. Part 95 contains maps and the latitude and 
longitude coordinates depicting the mountainous areas of the eastern 
and western United States as well as Alaska, Hawaii, and Puerto Rico. 
Section 135.601(b)(4) defines non-mountainous areas as areas other than 
the mountainous areas listed in part 95. In addition, Sec.  135.609(b) 
explains that a certificate holder may designate local flying areas in 
a manner acceptable to the Administrator that must (1) not exceed 50 NM 
in any direction from each designated location; (2) take into account 
obstacles and terrain features that are easily identifiable by the 
pilot in command (PIC) and from which the PIC may visually determine a 
position; and (3) take into account the operating environment and 
capabilities of the certificate holder's helicopters.
    The FAA established the minimums under Sec.  135.609(a), which are 
more stringent than the VFR visibility requirements of Sec.  135.205 
for helicopters, because the FAA believed that all flight operations 
conducted under VFR in helicopter air ambulance operations should 
comply with more stringent weather requirements. They also asserted 
these ceiling and visibility requirements would be an effective method 
of increasing safety in helicopter air ambulance operations.\411\ For 
powered-lift, the FAA evaluated the VFR minimum altitudes, required 
visibility, and distance from cloud requirements for airplanes as 
contained in Sec. Sec.  135.203 (VFR minimum altitudes), 135.205 (VFR 
visibility requirements), and 91.155 (distance from cloud requirements) 
and applied these airplane minimums to the table contained in Sec.  
135.609(a) which resulted in minimums that are most closely aligned 
with the FAA's intent of applying the ceiling and visibility 
requirements of airplanes to powered-lift.
---------------------------------------------------------------------------

    \411\ Air Ambulance and Commercial Helicopter Operations, Part 
91 Helicopter Operations, and Part 135 Aircraft Operations; Safety 
Initiatives and Miscellaneous Amendments, NPRM, 75 FR 62649 (Oct. 
12, 2010).
---------------------------------------------------------------------------

    A powered-lift may takeoff and land vertically and can therefore 
access the same locations that a HAA aircraft can, thus making it 
suitable to conduct these kinds of operations; however, the powered-
lift can be much different than a helicopter in cruise flight, where 
the powered-lift--during wing-born flight mode--is anticipated to 
operate more like an airplane. These operating differences include 
higher airspeeds, which require more distance to see and avoid 
obstacles and terrain, and more airspace to conduct maneuvering. Speed 
and maneuverability also play a role in the ability of a powered-lift 
operating with a cloud layer to avoid objects, including other 
aircraft, that come out of the clouds. Additionally, these 
characteristics may limit the ability of a powered-lift to conduct an 
emergency landing into the same areas a helicopter might use. This can 
be predicated on the time it takes the powered-lift to transition to 
VTOL or even its inability to use VTOL with certain failures, causing 
it to operate more like an airplane in this respect.
    As a result of the foregoing, the FAA determined powered-lift 
should be operated at a higher minimum when operating at night than 
what is currently required under Sec.  135.609 for helicopters. The 
proposed requirements for powered-lift are identical to the helicopter 
requirements in the Sec.  135.609(a) table for daytime operations, but 
the ceiling increases for nighttime operations to help create a safer 
operating environment for powered-lift. Finally, the FAA notes that the 
table in Sec.  135.609(a) contains two columns for night operations: 
one column for ``night'' operations and another column for ``night 
using an approved NVIS or HTAWS'' operations. Because HTAWS are now 
required, the ``night'' column requirements are no longer relevant and 
have been phased out. The FAA proposes in Sec.  194.308(q) that 
powered-lift comply with the minimum ceiling and visibility 
requirements for VFR air ambulance

[[Page 39047]]

operations in Class G airspace as described in the following table 
(Table 10):

                        Table 10--Proposed VFR Air Ambulance Minimums in Class G Airspace
----------------------------------------------------------------------------------------------------------------
                                                                Day                            Night
                    Location                     ---------------------------------------------------------------
                                                      Ceiling       Visibility        Ceiling       Visibility
----------------------------------------------------------------------------------------------------------------
Non-mountainous Local Flying Areas..............          800 FT            2 SM        1,500 FT            3 SM
Non-mountainous Non-Local Flying Areas..........          800 FT            3 SM        1,500 FT            3 SM
Mountainous Local Flying Areas..................          800 FT            3 SM        2,500 FT            3 SM
Mountainous Non-Local Flying Areas..............        1,000 FT            3 SM        2,500 FT            5 SM
----------------------------------------------------------------------------------------------------------------

    In addition, the FAA proposes Sec.  135.609(b) apply to certificate 
holders operating powered-lift in air ambulance operations so that they 
may designate local flying areas that meet the requirements of 
paragraphs (b)(1) through (3). Weather minimums are less stringent in 
local flying areas because of pilots' increased familiarity with 
obstacles and the operating environment.\412\ The FAA expects that 
powered-lift pilots conducting air ambulance operations will have the 
same familiarity with local obstacles and the operating environment.
---------------------------------------------------------------------------

    \412\ Helicopter Air Ambulance, Commercial Helicopter, and Part 
91 Helicopter Operations, 79 FR 9931 (Feb. 21, 2014).
---------------------------------------------------------------------------

    Section 135.611 sets forth requirements for HAA IFR operations at 
locations without weather reporting. The FAA evaluated the provisions 
of this section and determined that it would be appropriate to provide 
the ability for authorization for IFR operations of powered-lift at 
airports with an instrument approach procedure and where a weather 
report is not available. This provision would only be able to be 
utilized by powered-lift operating under subpart L that are certified 
for IFR operations and that receive an additional authorization from 
the Administrator. The FAA proposes the applicability of this section 
in Sec.  194.308(r).
    Section 135.613 details the ceiling and visibility requirements for 
approach and departure IFR transitions for HAA operations. This rule 
was codified to establish weather minimums for HAA that are using an 
instrument approach and are now transitioning to visual flight for 
landing. It also permits VFR to IFR transitions for departures if the 
pilot has filed an IFR flight plan and will obtain an IFR clearance 
within 3 NM of the departure location and the pilot departs following 
an FAA-approved obstacle departure procedure. This section is intended 
to encourage IFR operations because of the safety benefits associated 
with flights conducted under IFR. Section 135.613(a) establishes the 
requirements when conducting an authorized instrument approach and 
transitioning from IFR to VFR flight.
    Section 135.613(a)(1) requires a flight visibility of 1 statute 
mile (SM) and a ceiling based upon the minimums published on the 
approach chart. This is applicable for Point-in-Space (PinS) Copter 
Instrument approaches that are annotated with a ``Proceed VFR'' 
segment, and the distance from the missed approach point to the landing 
area is 1 NM or less. The FAA proposes in Sec.  194.308(s)(1) that 
Sec.  135.613(a)(1) only apply to powered-lift that are equipped and 
certified to conduct these PinS approaches.
    Section 135.613(a)(2) specifies the minimum ceiling and visibility 
requirements for all instrument approaches if the missed approach point 
to the landing area is 3 NM or less. These minimum ceiling and 
visibility requirements are also applicable to PinS approaches which 
contain a ``Proceed VFR'' segment where the missed approach point to 
the landing area is greater than 1 NM but no greater than 3 NM. The FAA 
noted in the Helicopter Air Ambulance, Commercial Helicopter, and Part 
91 Helicopter Operations final rule that in most cases the rule permits 
flight under less restrictive weather minimums than are currently 
allowed for cruise flight in uncontrolled airspace.\413\ The ceiling 
requirement of Sec.  135.613(a)(2) is less restrictive than that 
required by Sec.  135.609(a), and the visibility requirement is 
generally less restrictive than Sec.  135.609(a) as well. In the 
Helicopter Air Ambulance final rule, when discussing permitting less 
restrictive ceilings and visibilities, the FAA stated that obstacles in 
the vicinity of an instrument approach are flight-checked and marked on 
instrument approach charts. It is less likely that pilots would 
encounter unexpected obstacles when following an instrument approach 
chart.\414\
---------------------------------------------------------------------------

    \413\ Helicopter Air Ambulance, Commercial Helicopter, and Part 
91 Helicopter Operations, Final Rule, 79 FR 9946 (Feb. 21, 2014).
    \414\ Id.
---------------------------------------------------------------------------

    The minimums currently prescribed for helicopters in Sec.  
135.613(a)(2)(i) and (ii) would not allow a powered-lift to maintain an 
acceptable level of obstacle and cloud clearances when conducting VFR 
transitions to landing areas because of the anticipated time it will 
take to transition from cruise flight to VTOL landing, as well as 
speed, distance required to maneuver, and autopilot usage. Airplanes 
are not able to use reduced VFR weather minimums when conducting these 
types of maneuvers and applying these minimums is consistent with the 
FAA's previous determination to require powered-lift to use airplane 
weather minimums under part 91 as previously discussed in this NPRM. 
Therefore, the FAA proposes in Sec.  194.308(s)(2) that a 1,000-foot 
ceiling and 2 SM visibility for powered-lift day operations and a 
1,500-foot ceiling and 3 SM visibility for powered-lift night 
operations.
    Section 135.613(b) addresses the departure minimums required for 
transitions from VFR to IFR. Since the FAA proposes that powered-lift 
will be required to use alternate powered-lift minimums for Sec.  
135.613(a), the FAA proposes in Sec.  194.308(s)(3) powered-lift use 
those same minimums for Sec.  135.613(b)(1) as well.
    Section 135.615(a) requires helicopter air ambulance pilots to 
perform pre-flight planning to determine the minimum safe cruise 
altitude and to identify and document the highest obstacle along the 
planned en route phase of flight prior to conducting VFR operations. 
The pilot would use this minimum safe cruise altitude when determining 
the minimum required ceiling and visibility for the planned flight. 
This rule is intended to prevent obstacle collisions by requiring 
pilots to be aware of the terrain and highest obstacles along a planned 
route.\415\
---------------------------------------------------------------------------

    \415\ Air Ambulance and Commercial Helicopter Operations, Part 
91 Helicopter Operations, and Part 135 Aircraft Operations, Safety 
Initiatives and Miscellaneous Amendments, 75 FR 62640, 62651 (Oct. 
12, 2010).

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

[[Page 39048]]

    The FAA anticipates many powered-lift, other than necessary for 
takeoff and landing, in order to gain efficiencies in speed and range, 
will prefer to utilize wing-borne flight as long as practical. Since 
powered-lift will likely operate similar to an airplane in cruise 
flight, they will require more time and distance to make corrections to 
their flightpath to avoid other aircraft and obstacles. As a result, 
the FAA analyzed whether applying the minimums under Sec.  135.203(a) 
would be more appropriate for powered-lift conducting HAA operations 
than the minimums outlined under Sec.  135.615. Section 135.203(a) 
specifies the VFR minimum altitudes for airplane operations. 
Specifically, Sec.  135.203(a)(1) requires an airplane be operated 
during the day, at least 500 feet above the surface or no less than 500 
feet horizontally from any obstacle. Additionally, Sec.  135.203(a)(2) 
requires an airplane be operated at night at an altitude at least 1,000 
feet above the highest obstacle within a horizontal distance of 5 miles 
from the course intended to be flown or, in designated mountainous 
terrain, at least 2,000 feet above the highest obstacle within a 
horizontal distance of 5 miles from the course intended to be flown. 
The FAA considered the similarities between airplanes and powered-lift 
using wing-borne lift during the cruise portions of flight and asserts 
that the airplane requirements contained in Sec.  135.203(a)(1) and (2) 
are more suited for powered-lift than the helicopter minimums in Sec.  
135.203(b). Accordingly, the FAA proposes minimums for powered-lift 
operating under subpart L in Sec.  194.308(t)(1).
    Whereas Sec.  135.203(b) requires no minimum VFR altitude for 
helicopters, except over congested areas where 300 feet above the 
surface is required, helicopters used in air ambulance operations are 
required to maintain higher minimum VFR altitudes as stipulated in 
Sec.  135.615(b)(1) and (2). Section 135.615(b)(1) and (2) require the 
pilot in command of a helicopter to ensure all terrain and obstacles 
along the route of flight are cleared vertically by no less than 300 
feet during the day and 500 feet at night when conducting a VFR air 
ambulance operation.
    A minimum altitude that clears all terrain and obstacles along the 
route of flight vertically by no less than the 500 feet during the day, 
and at night 1,000 feet, except in mountainous terrain where 2,000 feet 
will provide a sufficient distance from terrain and obstacles to ensure 
the safe operation of powered-lift conducting air ambulance operations. 
The FAA proposes in Sec.  194.308(t)(2) that to comply with the en 
route altitude requirements of Sec.  135.615(b)(1) and (2), a powered-
lift conducting a VFR air ambulance operation clear all terrain and 
obstacles along the route of flight vertically by the minimum altitudes 
and horizontal distances specified in Sec.  135.203(a)(1) and (2). 
Similarly, the FAA proposes the pilot in command of a powered-lift use 
the minimum altitudes specified in Sec.  135.203(a)(1) and (2) when 
making the determinations required by Sec.  135.615(a)(3).
    The FAA also proposes in Sec.  194.308(u) that the pre-flight risk 
analysis requirements contained in Sec.  135.617 apply to powered-lift. 
This section details several items that must be documented in the 
certificate holder's manual regarding pre-flight considerations, such 
as human factors, weathers, and other critical considerations. The FAA 
imposed these requirements for HAA because ``the FAA and the NTSB . . . 
identified several accidents which may have been prevented had a 
preflight risk analysis been completed. The NTSB concluded that 
``implementation of flight risk evaluation before each mission would 
enhance the safety of emergency medical services operations.'' \416\ 
The considerations that a certificate holder is required to take into 
account for helicopter operations are equally important for operations 
of powered-lift under subpart L.
---------------------------------------------------------------------------

    \416\ Helicopter Air Ambulance, Commercial Helicopter, and Part 
91 Helicopter Operations, Final Rule, 79 FR 9946 (Feb. 21, 2014), 
citing NTSB, Special Investigation Report on Emergency Medical 
Services Operations (NTSB/SIR-06/01) 4 (Jan. 25, 2006).
---------------------------------------------------------------------------

    Section 135.619 sets out the requirements for an operations control 
center. This regulation requires a certificate holder who is authorized 
to conduct HAA with 10 or more helicopter air ambulances assigned to 
the certificate holder's operations specifications to have an 
operations control center. The FAA added the requirement for operations 
control centers with the initial codification of Subpart L, stating the 
level of operational complexity and management detail required for safe 
operations is greater for certificate holders with 10 or more 
helicopter air ambulances.\417\ The FAA determined that operational 
complexity and management detail required for safe operations in the 
dynamic environment envisaged by the air ambulance operations conducted 
under Subpart L is not limited to only helicopters, but rather is 
dependent on the number of aircraft authorized. Therefore, the FAA 
proposes in Sec.  194.308(v) that any operator utilizing helicopters, 
powered-lift, or any combination thereof, that total 10 or more of 
these aircraft utilized in air ambulance operations would trigger the 
requirements to have an operations control center as detailed in Sec.  
135.619.
---------------------------------------------------------------------------

    \417\ Id. at 62647.
---------------------------------------------------------------------------

    The FAA also determined, as proposed in Sec.  194.308(w), that it 
would be appropriate to apply the briefing requirements contained in 
Sec.  135.621 for medical personnel to air ambulance operations that 
occur in powered-lift. The FAA determined that it would not be 
appropriate to relieve powered-lift operators from the briefing 
requirements for medical personnel currently required for helicopter 
operators, as powered-lift will be operating in the dynamic requirement 
envisaged by subpart L.
2. Part 135 Airplane Rules Addressed in This SFAR
    The FAA analyzed the part 135 regulations and identified airplane 
rules appropriate to powered-lift operations. The FAA based this 
determination on the ability of a powered-lift to operate in a manner 
similar to airplanes. Additionally, the FAA considered the safety 
aspects of the rule, whether or not powered-lift have similar operating 
and performance characteristics to airplanes, such as wing-borne 
flight, higher cruise speeds and operational altitudes. The FAA also 
considered the similarities between airplanes and powered-lift in areas 
such as takeoff and landing capabilities using wing-borne lift, 
maneuverability, range and operating environment. In light of the 
proposed changes to air carrier definitions in the Update to Air 
Carrier Definitions NPRM, which will affect the applicability of this 
part, the FAA assumes, in this rule, that all part 135 requirements 
applicable to aircraft, generally, apply to powered-lift.
i. Subpart A: General
    Subpart A prescribes requirements regarding the applicability, 
manual requirements, aircraft requirements, and crewmember certificate 
requirements for part 135. For those operators required to have a 
manual, Sec.  135.23 specifies the required content for that manual. It 
is essential for certificate holders of a certain size to have a manual 
which sets forth their procedures and policies to ensure the safe 
operation of the aircraft they use. The manual content requirements of 
a Destination Airport Analysis as specified in Sec.  135.23(r) are only 
required if the aircraft meets the thresholds set forth by Sec.  
135.385, Large Transport Category Airplanes: Turbine

[[Page 39049]]

Engine Powered: Landing limitations: Destination Airports, as specified 
for large powered-lift in Sec.  194.307(qq) and (rr).
    The FAA proposes in Sec.  194.307(a) that if the requirements of 
Sec.  135.385 are applicable to a specific powered-lift, then all of 
the requirements of Sec.  135.23(r), and in particular, Sec.  
135.23(r)(7) which currently only applies to airplanes, would be 
applicable as well. This proposal will ensure that evaluation of any 
inoperative equipment are included in the Destination Airport Analysis, 
which is equally important for powered-lift as it would be for 
airplanes required to comply with the performance requirements of Sec.  
135.385. The FAA expects that powered-lift inoperative equipment would 
affect the analysis of runway safety margins at destination airports.
ii. Subpart B: Flight Operations
    Subpart B prescribes requirements for flight operations under part 
135. Section 135.93 details minimum altitudes for use of an autopilot. 
This section is applicable to all aircraft but contains many references 
to an Airplane Flight Manual (AFM) in multiple paragraphs and, in 
paragraph (g) excepts rotorcraft operations. The altitude requirements 
of this section are in place to provide pilots with sufficient altitude 
for obstacle clearance taking into consideration the reaction time 
needed to disengage the autopilot and apply a corrective action should 
an autopilot malfunction occur.
    An example of a particularly critical autopilot malfunction is a 
hard-over, which is when the autopilot pitch control channel commands a 
full nose-down deflection of the pitch control surfaces of the 
airplane. The FAA anticipates that powered-lift will conduct a majority 
of their autopilot-controlled flight operations much like an airplane 
(in wing-borne flight mode), with the lift being primarily produced by 
the wings providing a greater forward velocity than a helicopter. The 
safety measures of this rule, including any autopilot related 
limitations contained in the powered-lift's flight manual, and not the 
rotorcraft exception, should continue to apply to powered-lift to 
ensure the pilot has sufficient altitude to recognize, react, and 
recover from an autopilot induced malfunction. As a result, the 
aircraft-generic autopilot requirements in Sec.  135.93(a) through (f) 
apply to powered-lift, and the FAA proposes in Sec.  194.307(b) to 
apply the requirements referencing the ``Airplane'' flight manual to 
powered-lift, as reflected in a powered-lift's aircraft flight manual.
    Section 135.100 details flightcrew member duties in relation to 
critical phases of flight including all ground operations involving 
taxi, takeoff and landing, and all other flight operations conducted 
below 10,000 feet, except cruise flight. This rule was codified in 1981 
for both parts 121 and 135 operations to improve safety by reducing 
flightcrew member distractions caused by non-safety related duties and 
activities being conducted during critical phases of flight.\418\ 
Regardless of the type of aircraft and the type of taxiing they do 
(i.e., ground taxi, hover taxi), in order to maintain an equivalent 
level of safety for all aircraft, including powered-lift, conducting 
operations at an airport, all movement of any aircraft under its own 
power at an airport must be done free of distraction from non-safety 
related duties and activities.
---------------------------------------------------------------------------

    \418\ Elimination of Duties and Activities of Flight Crewmembers 
Not Required for the Safe Operation of Aircraft, 46 FR 5502 (Jan. 
19, 1981).
---------------------------------------------------------------------------

    In Sec.  135.100, a note states that taxi is defined as ``movement 
of an airplane under its own power on the surface of an airport.'' FAA 
ATC defines two means of taxiing for helicopters as hover taxi and air 
taxi.\419\ Upon review of this regulation, the FAA determined that the 
term taxi should not be limited to airplanes and should be applicable 
to all aircraft conducting taxi maneuvers at an airport. The note at 
the time of this rule did not conceptualize helicopters taxiing on 
wheels on a taxiway as well as a potential for powered-lift that might 
also be able to taxi in this manner. Powered-lift may have the design 
and capability to taxi in a manner similar to airplanes, helicopters, 
or both. The intent of the rule is to provide for a sterile cockpit 
during critical phases of flight to improve safety by reducing 
distractions, which is also applicable to powered-lift operations. As a 
result, the FAA proposes amending the definition as a permanent change 
in Sec.  135.100 to replace the word ``airplane'' with ``aircraft,'' 
making the section applicable to not only airplanes, but also 
helicopters and powered-lift.
---------------------------------------------------------------------------

    \419\ FAA Order 7110.65W (Dec. 10, 2015) Chapter 3, Section 11.
---------------------------------------------------------------------------

    Section 135.128 regulates the use of safety belts and child 
restraint systems. This section requires that each person onboard an 
aircraft operated under part 135 occupy an approved seat or berth with 
a separate safety belt properly secured about him or her during 
movement on the surface, takeoff, and landing. For seaplane and float 
equipped rotorcraft operations during movement on the surface, the 
person pushing off the seaplane or rotorcraft from the dock and the 
person mooring the seaplane or rotorcraft at the dock are excepted from 
the seating and safety belt requirements.
    In 1992 when the FAA published a final rule \420\ that revised 
Sec.  135.128, it indicated that it agreed with a comment received 
regarding seaplane operations, in that a pilot would be unable to moor 
or launch a seaplane or a float equipped rotorcraft, unless a pilot or 
passenger has their safety belt or shoulder harness unfastened so that 
they can vacate their seat for the purpose of launching or mooring the 
seaplane or float equipped rotorcraft. The same exception should also 
apply to a powered-lift that is properly equipped to conduct operations 
on water. The FAA proposes in Sec.  194.307(c) to apply the exception 
delineated in Sec.  135.128(a) to powered-lift pilots or passengers 
when the powered-lift is operating like a seaplane or a float equipped 
rotorcraft.
---------------------------------------------------------------------------

    \420\ Miscellaneous Operational Amendments, 57 FR 42662 (Sep. 
15, 1992).
---------------------------------------------------------------------------

iii. Subpart C: Aircraft and Equipment
    Subpart C prescribes requirements for aircraft and associated 
equipment for operations under part 135. Section 135.145 sets out the 
parameters and the requirements for the Proving and Validation Tests 
that must be accomplished by a certificate holder. Proving tests are 
necessary to evaluate each certificate holder's ability to conduct 
operations safely and in accordance with the applicable regulations. 
Proving tests under Sec.  135.145 consist of a demonstration of the 
certificate holder's ability to operate and maintain certain aircraft 
new to the operator's fleet or the certificate holder's ability to 
conduct a particular kind of operation. Additionally, it is each 
certificate holder's responsibility to show that they can operate each 
of their aircraft safely and in compliance with the requirements of the 
regulations and their procedures. Section 135.145(b) requires that a 
certificate holder conduct proving tests in a turbojet airplane if they 
have not previously proved a turbojet airplane. Powered-lift, 
regardless of the powerplant, have additional complexity due to their 
design and operation and that these features have not been available 
and experienced by the civilian market to date. To ensure powered-lift 
operate to the highest level of safety in part 135, the FAA is 
proposing in Sec.  194.307(d) that if a certificate holder has not 
previously proven a powered-lift in operations under part 135, they be

[[Page 39050]]

required to conduct at least 25 hours of proving tests acceptable to 
the FAA as detailed in Sec.  135.145(b)(1) through (3).
    The FAA requires validation testing for certain authorizations, and 
for the addition of certain aircraft that were previously proved or 
validated but are not of the same make or model, or of similar design. 
The requirements of Sec.  135.145(d)(2) through (4) are not aircraft 
specific and would apply to an operator utilizing powered-lift and 
requesting authorization to conduct these types of operations. Section 
135.145(d)(1) requires validation tests for the addition of an aircraft 
that requires two pilots for flight in VFR conditions, or turbojet 
airplanes. The FAA proposes in Sec.  194.307(e) that, for the same 
reasons cited above for proving tests, validation testing required by 
Sec.  135.145(d)(1) apply to all powered-lift. Therefore, the FAA 
proposes validation testing be required when an operator requests 
authorization to use a powered-lift, unless a powered-lift of the same 
make or similar design has been previously proved or validated by that 
operator in operations under part 135.
    In 1989, the FAA revised the equipment requirements and moved them 
into a new section, Sec.  135.150, which requires a public address and 
crewmember interphone systems for aircraft that have a passenger 
seating configuration of more than 19, excluding any pilot seat.\421\ 
The public address system required by Sec.  135.150(a) is generic to 
all aircraft; however, under paragraph (a)(7), transport category 
airplanes manufactured on or after November 27, 1990, must meet the 
requirements of Sec.  25.1423. The crewmember interphone system 
required by Sec.  135.150(b) is also generic to aircraft; however, for 
large turbojet-powered airplanes, they must meet the additional 
requirements contained in paragraph (b)(7). This section increases 
airplane safety by facilitating the rapid evacuation of passengers 
during emergency conditions. Section 135.150 works in conjunction with 
Sec.  25.1423, which requires any public address (PA) system that is 
required for use in air carrier service to be powered by a source that 
remains powered when the aircraft is in flight or stopped on the 
ground, after the shutdown or failure of all engines and auxiliary 
power units, or the disconnection or failure of all power sources 
dependent on their continued operation. Additionally, the PA system 
must incorporate specific design features, accessibility requirements, 
and be able to operate for a specified period of time. The crewmember 
interphone system requirement established in Sec.  135.150(b) was 
originally promulgated to ensure the safety and security of 
passengers.\422\ The FAA noted that an aircraft of more than 19 
passenger seats was of the size that would benefit from the safety 
advantages of having a crewmember interphone and public address system 
installed.\423\ A powered-lift with more than 19 passenger seats will 
also benefit from a crewmember interphone and PA system. Additionally, 
due to the design features of some powered-lift, such as multiple 
rotating blade assemblies, it will be essential for the flightcrew to 
be able to communicate with the cabin crew and passengers during an 
emergency evacuation. This will promote safe, effective evacuations of 
these aircraft. The FAA proposes in Sec.  194.307(f) that for large 
powered-lift, the public address system required by Sec.  135.150(a)(7) 
comply with Sec.  25.1423 or such airworthiness criteria as the FAA may 
find provide an equivalent level of safety in accordance with Sec.  
21.17(b). Additionally, the FAA proposes in Sec.  194.307(g) that for 
large powered-lift that have more than 19 passenger seats, regardless 
of the type of powerplant, the crewmember interphone system comply with 
the requirements of Sec.  135.150(b)(7) or such airworthiness criteria 
as the FAA may find provide an equivalent level of safety in accordance 
with Sec.  21.17(b). The FAA acknowledges that while no powered-lift 
that have more than 19 passenger seats are currently undergoing type 
certification such aircraft may be developed in the future.
---------------------------------------------------------------------------

    \421\ See Independent Power Source for Public Address System in 
Transport Category Airplanes, 54 FR 43922 (Oct. 27, 1989).
    \422\ Independent Power Source for Public Address System in 
Transport Category Airplanes, 54 FR 43926 (Oct. 27, 1989).
    \423\ Id.
---------------------------------------------------------------------------

    Section 135.151 requires cockpit voice recorders (CVRs) on certain 
turbine-powered airplanes and rotorcraft. CVRs enhance safety and are 
required in turbine-powered airplanes and rotorcraft carrying a certain 
passenger count as a necessary hazard analysis tool used during an 
accident investigation. The FAA asserted as early as 1978 that 
consideration should be given to requiring Ground Proximity Warning 
Systems (GPWS), CVR, and FDR equipment on turbojet-powered airplanes 
with 10 or more passenger seats due to the complexity and high-
performance characteristics of those airplanes.\424\ CVRs provide 
accident investigation information that is unattainable from any other 
source, with valuable auditory information such as sounds captured in 
the cockpit. These sources of information aid in determining causal and 
contributing factors in accident and incident investigation. Amendments 
issued in response to NTSB recommendations as well as congressional 
mandates identify the FAA's broader responsibility to apply these 
appropriately to all aircraft with certain seating capacities.\425\
---------------------------------------------------------------------------

    \424\ Air Taxi Operators and Commercial Operators, 43 FR 46759 
(Oct. 10, 1978).
    \425\ Cockpit Voice Recorders and Flight Recorders, Final Rule, 
53 FR 26135 (Jul. 11, 1988).
---------------------------------------------------------------------------

    Section 135.151(a) requires a multiengine, turbine-powered airplane 
or rotorcraft having a passenger seating configuration of six or more 
and for which two pilots are required by certification or operating 
rules to be equipped with an approved cockpit voice recorder that meets 
various CVR installation requirements provided by the airworthiness 
standards for normal category airplanes or rotorcraft, or transport 
category airplanes or rotorcraft, as applicable. Section 135.151(b) 
requires a multiengine, turbine-powered airplane or rotorcraft having a 
passenger seating configuration of 20 or more to be equipped with an 
approved CVR that meets various CVR installation requirements provided 
by the airworthiness standards for normal category airplanes or 
rotorcraft, or transport category airplanes or rotorcraft, as 
applicable. Both Sec.  135.151(a) and (b) further require that the 
cockpit voice recorder be operated continuously from the use of the 
check list before the flight to completion of the final check list at 
the end of the flight.
    Section 135.151(d) requires large turbine-powered airplanes 
manufactured after October 11, 1991 to be equipped to record 
uninterrupted audio signals received by a boom or mask microphone in 
accordance with Sec.  25.1457(c)(5). Paragraph (d) also requires that 
on these aircraft equipped to record the uninterrupted audio signals 
received by a boom or a mask microphone, the flightcrew members must 
use the boom microphone below 18,000 feet mean sea level.
    Section 135.151(g) applies to aircraft manufactured on or after 
April 7, 2010, which includes the caveat that if the aircraft is also 
required to have a flight data recorder (FDR) under Sec.  135.152, then 
the aircraft must have a CVR that meets the requirements listed in 
paragraph (g)(1) (applicable to multiengine, turbine-powered airplanes 
or rotorcraft with a passenger seating configuration of six or more 
seats and for which two pilots are required by certification or 
operating rules) or (g)(2) (applicable to multiengine, turbine-

[[Page 39051]]

powered airplanes or rotorcraft with a passenger seating configuration 
of 20 or more seats). Such aircraft equipped with an FDR have different 
requirements for cockpit voice recorders because the FAA found that, 
for newly manufactured aircraft also required to have a flight data 
recorder, ``evidence of benefit in changes to wiring systems that could 
prevent inadvertent shutdown of power sources, and for an independent 
power supply for CVRs.'' \426\
---------------------------------------------------------------------------

    \426\ Revisions to Cockpit Voice Recorder and Digital Flight 
Data Recorder Regulations, 70 FR 9751 (February 28, 2005).
---------------------------------------------------------------------------

    Section 135.151(h) applies to all airplanes and rotorcraft that are 
required by this part to have a CVR and a FDR that also have datalink 
communication equipment that was installed on or after December 6, 
2010. For those aircraft, all datalink messages must be recorded.
    For the same reasons the FAA imposed the CVR requirements for 
certain airplanes and rotorcraft, the FAA proposes to require CVRs for 
powered-lift with similar seating configurations and pilot 
requirements. Specifically, the FAA proposes, regardless of the types 
of powerplant, that powered-lift which have a passenger seating 
configuration of six or more and for which two pilots are required by 
certification or operating rules, or that have a passenger seating 
configuration of 20 or more seats will be required to comply with 
paragraph (a), (b), or (g), based upon the passenger seating 
configuration and whether an FDR is required under Sec.  135.152. These 
proposals are contained in Sec.  194.307(h), (i), (k), and (l). The FAA 
also proposes in Sec.  194.307(j) and (m) that although paragraphs (d) 
and (h) reference airplanes or rotorcraft, these paragraphs will also 
apply to powered-lift to ensure they appropriately record uninterrupted 
audio signals and that all datalink messages are recorded when 
required. The FAA intends to include CVR airworthiness requirements 
during type certification based on an applicant's proposed operational 
needs. Operators will need to ensure that the CVR for each powered-lift 
be installed and equipped in accordance with the certification 
provisions listed in the applicable paragraph of Sec.  135.151 or such 
airworthiness criteria as the FAA may find provide an equivalent level 
of safety in accordance with Sec.  21.17(b).
    The FAA is proposing in Sec.  194.307(n) to apply flight data 
recorder requirements of Sec.  135.152 to powered-lift because of the 
same rationale discussed previously for Sec.  135.151. Section 
135.152(a) requires that a multiengine, turbine-engine powered airplane 
or rotorcraft having a passenger seating configuration, excluding any 
required crewmember seat, of 10 to 19 seats, that was either brought 
onto the U.S. register after, or was registered outside the U.S. and 
added to the operator's U.S. operations specifications after October 
11, 1991, to be equipped with one or more approved flight recorders 
that uses a digital method of recording and storing data and a method 
of readily retrieving that data from the storage medium. Additionally, 
this paragraph requires that the flight recorder must retain no less 
than 25 hours of aircraft operation. The FAA proposes in Sec.  
194.307(o) that a powered lift, regardless of the type of powerplant, 
that otherwise meets the threshold requirements of this paragraph be 
required to comply with this paragraph. However, paragraph (a) 
specifies that the parameters for the flight recorder that must be 
recorded are contained in part 135, appendix B or C, which are specific 
to airplanes or rotorcraft. As discussed extensively throughout this 
preamble, powered-lift are manufactured combining the design features 
of an airplane and helicopter with complex systems. The FAA does not 
have sufficient experience and knowledge of every possible design type 
of powered-lift, as most powered-lift are still in development.
    Accordingly, in place of appendices B and C to part 135,\427\ the 
FAA has drafted new flight data recorder tables, which appear in 
proposed Sec. Sec.  194.314 and 194.315,\428\ which outline the FDR 
specifications for powered-lift under part 135. In developing these 
tables, the FAA applied the FDR requirements from the airplane and 
helicopter appendices to powered-lift, dependent on which operational 
flight mode is in use (i.e., wing-borne flight mode or vertical-lift 
flight mode). In addition, the FAA replaced helicopter-specific 
nomenclature to accommodate powered-lift. For example, helicopter 
flight controls, as written, describe pedals and collective controls, 
which may not apply to powered-lift. In addition, the FAA changed the 
terminology that provided directional controls for ``ascent and 
descent''. Notwithstanding slight nomenclature changes within the 
parameters, the FAA did not change the other information and numbers 
within the appendices. The FAA invites comments on these draft tables 
to ensure that the FAA has adequately addressed all of the requirements 
for these novel aircraft.
---------------------------------------------------------------------------

    \427\ See appendix B to part 135, Airplane Flight Recorder 
Specifications, and appendix C to part 135, Helicopter Flight 
Recorder Specifications, 14 CFR part 135.
    \428\ The SFAR tables are found in the regulatory text within 
the SFAR amendment.
---------------------------------------------------------------------------

    Section 135.152(b) applies to multiengine turbine-powered airplanes 
having a passenger seating configuration of 20 to 30 seats and to 
multiengine turbine-powered rotorcraft having a passenger seating 
configuration of 20 or more seats. Paragraph (b) requires these 
aircraft to be equipped with one or more approved flight recorders that 
utilize a digital method of recording and storing data and a method of 
readily retrieving that data from the storage medium. Additionally, 
paragraphs (b)(1) and (2) provide the FDR parameters that are required 
for aircraft type certificated before and after October 1, 1969. After 
this date, the number of mandatory parameters an aircraft must record 
are determined by the date of aircraft type certification of that 
aircraft. Paragraph (b)(3) requires that the FDRs on the aircraft 
referenced in paragraph (b) introductory text \429\ manufactured after 
October 11, 1991, must record all the parameters outlined in appendix D 
or E to part 135. Currently, the FAA is not aware of any powered-lift 
designs that contain 20 or more passenger seats; however, should an 
applicant seek to certificate a powered-lift with a passenger seating 
configuration of 20 or more seats, the FAA proposes in Sec.  194.307(p) 
that paragraphs (b) introductory text and (b)(3) apply to these 
aircraft, regardless of the type of powerplant. Because the FAA does 
not anticipate any powered-lift with this seating configuration to be 
developed during the term of this SFAR, the FAA has determined it will 
not create a new FDR table that addresses powered-lift of this size at 
this time. For potential future rulemaking, the FAA welcomes input on 
the FDR parameters that would be essential for a powered-lift of this 
size.
---------------------------------------------------------------------------

    \429\ As mentioned above, paragraph (b) applies to multiengine 
turbine-powered airplanes with a passenger seating configuration of 
20 to 30 seats and to multiengine turbine-powered rotorcraft with a 
passenger seating configuration of 20 or more seats.
---------------------------------------------------------------------------

    Section 135.152(c) requires that an installed flight recorder be 
operated continuously from the instant the airplane begins the takeoff 
roll or the rotorcraft begins the lift-off and until the airplane has 
completed the landing roll or the rotorcraft has landed at its 
destination. Powered-lift may perform takeoffs and landings similar to 
airplanes or rotorcraft; accordingly, the FAA proposes in Sec.  
194.307(n)(3) to apply the requirements of Sec.  135.152(c) to powered-
lift with a passenger seating configuration, excluding crewmember 
seats, of 10 to 30, whenever the takeoff

[[Page 39052]]

roll or lift off begins and until the landing is completed.
    Paragraph (d) in Sec.  135.152 requires the certificate holder to 
keep certain recorded data for a specified time. Paragraph (d) requires 
the certificate holder to keep the recorded data until the airplane has 
been operating for at least 25 hours and, for a rotorcraft, 10 hours. 
The difference in the amount of FDR recorded data required for 
rotorcraft versus airplanes was because the FAA agreed that rotorcraft 
typically operate short-haul flights and that a 10-hour requirement is 
adequate for rotorcraft.\430\ Although the range is expected to be 
closer to that of a rotorcraft, the precise range of future powered-
lift is uncertain and thus, conservatively, the FAA is proposing to 
apply the 25-hour requirement currently applicable to airplanes. 
Accordingly, the FAA has considered both recorded data requirements of 
Sec.  135.152(d) and proposes in Sec.  194.307(n)(2) to require 
certificate holders to keep the data until the powered-lift has been 
operating for at least 25 hours. This requirement would be applicable 
to powered-lift with a passenger seating configuration, excluding 
crewmember seats, of 10 to 30.
---------------------------------------------------------------------------

    \430\ Cockpit Voice Recorders (CVR) and Flight Recorders, 53 FR 
26134 (Jul. 11, 1988).
---------------------------------------------------------------------------

    The FAA has determined that Sec.  135.152(e) is already applicable 
to powered-lift because it applies to aircraft; accordingly, in the 
event of any accident or occurrence that requires the immediate 
notification of the NTSB and that results in the termination of the 
flight, the certificate holder must remove the recording media from the 
powered-lift and keep the recorded data for at least 60 days or for a 
longer period, if requested by the NTSB or the FAA.
    Paragraph (f)(1) of Sec.  135.152 imposes requirements for FDR 
systems installed on airplanes manufactured on or before August 18, 
2000, and ``all other aircraft.'' Notwithstanding this description, 
paragraphs (a) and (b) state that Sec.  135.152 only applies to certain 
airplanes and rotorcraft with passenger seating configurations between 
10 and 30 seats. Paragraph (f)(2) imposes requirements for FDR systems 
installed on airplanes manufactured after August 18, 2000. As indicated 
in previous discussions, the flight recorder must be installed and 
equipped in accordance with the appropriate certification provisions 
listed in Sec.  135.152 or such airworthiness criteria as the FAA may 
find provide an equivalent level of safety in accordance with Sec.  
21.17(b). In addition to the installation requirements, paragraphs 
(f)(1) and (2) both require a correlation to be established between the 
values recorded by the FDR and the corresponding values being measured. 
Establishing a correlation for the required parameters is essential to 
derive meaningful data for the recorded digital signal from the FDR. 
This correlation converts the recorded basic digital signal into 
engineering units so when the recorder is downloaded, the data will be 
certified to provide accident investigators and operators information 
that is representative of the actual aircraft system units such as 
degrees of pitch, roll or yaw; altitude in feet; and airspeed in knots 
instead of the recorded digital signal format. Without this correlation 
document, accident and incident investigators or operators will not be 
able to derive meaningful information from the FDR. Operators must have 
this correlation information readily available for the aircraft they 
operate. Therefore, the FAA proposes in Sec.  194.307(n)(1) that 
paragraphs (f)(1) and (2) apply to powered-lift that are otherwise 
required by this section to have an FDR installed. This requirement 
will help ensure the FDR systems are installed adequately and the 
appropriate correlations are established. Because the specific 
parameters for compliance with paragraph (f) will be established 
through the type certification process for each powered-lift, specific 
compliance with this paragraph will be established in accordance with 
the airworthiness criteria for the aircraft.
    Paragraph (g) requires each flight recorder required under Sec.  
135.152 that records the data specified in paragraphs (a) and (b) \431\ 
to have an approved device to assist in locating that recorder under 
water. As explained above, the FAA proposes applying paragraphs (a) and 
(b) to powered-lift with a passenger seating configuration of 10 to 19 
seats or with a passenger seating configuration of 20 to 30 seats, 
respectively. Because paragraphs (a) and (b) apply to powered-lift, 
paragraph (g) would also apply, thereby helping to ensure the recorder 
is found if a powered-lift has an accident or occurrence into water.
---------------------------------------------------------------------------

    \431\ Paragraphs (a) and (b) require the flight recorders to use 
a digital method of recording and storing data and a method of 
readily retrieving that data from the storage medium. These 
paragraphs also require the recorder to record the parameters 
outlined in the appropriate SFAR tables.
---------------------------------------------------------------------------

    Paragraph (h) outlines the operational parameters that digital FDRs 
must record as required under paragraphs (i) and (j). Examples of these 
operational parameters include time, pressure altitude, indicated 
airspeed, and pitch attitude. The operational parameters cover all 
aircraft and are established to ensure the minimum parameters needed to 
assist in determining probable cause are recorded when an information 
source for those parameters is installed. This list, in conjunction 
with the FDR tables proposed in Sec. Sec.  194.314 and 194.315, will 
specify what parameters must be recorded and the ranges, accuracies, 
resolutions, and recording intervals requirements of those parameters. 
Accordingly, at this time, the FAA determined that all of the items in 
this list apply to powered-lift that are required to have an FDR in 
accordance with this section.
    Paragraphs (i) and (j) apply to all turbine-engine powered 
airplanes with a seating configuration, excluding any required 
crewmember seat, of 10 to 30 passenger seats. Paragraph (i) is 
applicable to aircraft manufactured after August 18, 2000, and limits 
the required parameters to those listed in paragraphs (h)(1) through 
(57); however, this paragraph does not apply as it is superseded by 
paragraph (j) for aircraft manufactured after August 19, 2002. 
Paragraph (j) applies to all turbine-engine powered airplanes 
manufactured after August 19, 2002, with a seating configuration, 
excluding any required crewmember seat, of 10 to 30 passenger seats and 
requires the parameters listed in paragraphs (h)(1) through (88) \432\ 
to be recorded within the ranges, accuracies, resolutions, and 
recording intervals specified in appendix F to part 135. As described 
in the discussion of Sec.  135.152(b) above, the FAA is not aware of 
any powered-lift designs that contain 20 or more passenger seats. 
Notwithstanding, to the extent a manufacturer develops a powered-lift 
with a passenger seating configuration of 20 or more seats, the FAA 
proposes paragraph (j) apply to these aircraft, as well as to those 
with 10-19 seats. Because the FAA does not anticipate any powered-lift 
with this seating configuration to be developed during the term of this 
SFAR, the FAA has determined it will not create a new FDR table that 
addresses powered-lift of 20-30 passenger seats at this time. For 
potential future rulemaking, the FAA seeks comment on the FDR 
parameters that would be necessary for a powered-lift of that size. 
Powered-lift with 10-19 seats would comply with the FDR tables 
developed for this SFAR for operations under part 135, set forth in 
proposed Sec. Sec.  194.314 and 194.315.
---------------------------------------------------------------------------

    \432\ As explained below, the FAA proposes permanently amending 
paragraph (j) to cross-reference paragraph (h) instead of paragraph 
(a).
---------------------------------------------------------------------------

    While considering the FDR requirements of Sec.  135.152, the FAA

[[Page 39053]]

became aware of the need for a technical correction in paragraph (j), 
which cross-references the operational parameters that must be recorded 
for turbine-engine powered airplanes with a seating configuration of 10 
to 30 passengers seats. Currently, paragraph (j) references the 
parameters in paragraphs (a)(1) through (88); however, the parameters 
are enumerated under paragraph (h) not paragraph (a). Moreover, the 
proposed rule that added these parameter requirements explained that 
Sec.  135.152(j) would require the above-referenced airplanes ``to 
record the parameters listed in paragraph (h)(1) through (88) of this 
section''.\433\ The FAA is proposing to correct the cross-reference in 
paragraph (j) to refer to paragraphs (h)(1) through (88).
---------------------------------------------------------------------------

    \433\ Revisions to Digital Flight Data Recorder Rules, NPRM, 61 
FR 37144, 37156 (Jul. 16, 1996).
---------------------------------------------------------------------------

    Paragraph (l) does not apply to powered-lift because it applies to 
``all aircraft manufactured before April 7, 2010''; however, paragraph 
(m) applies to all aircraft manufactured on or after April 7, 2010, and 
that are required to have a FDR installed. This paragraph requires 
these aircraft to have a FDR installed that also meets the 
certification requirements under Sec.  23.1459 or Sec.  25.1459 that 
were not included in paragraph (f)(2). As indicated in previous 
discussions, the installation requirements for FDRs on powered-lift 
will be established through the type certification process as set forth 
in Sec.  21.17(b). In general, Sec.  135.152(m) requires that all 
aircraft FDR systems receive electrical power from the bus that 
provides the maximum reliability for operation of the FDR without 
jeopardizing service to essential or emergency loads; that the FDR 
remains powered for as long as possible without jeopardizing emergency 
operation of the aircraft; that any single electrical failure external 
to the FDR does not disable both the CVR and the FDR; and they provide 
requirements for installation of combined flight data and CVRs. These 
requirements are applicable to powered-lift because they ensure the 
data essential for post-accident or incident investigation are reliably 
recorded during all foreseeable accident or incident scenarios.
    Section 135.154 requires turbine-powered airplanes to be equipped 
with TAWS. These types of systems were previously known as Ground 
Proximity Warning Systems (GPWS) and then Enhanced Ground Proximity 
Warning Systems (EGPWS). TAWS equipment is broken down into 2 different 
classes: Class A TAWS and Class B TAWS. Class A TAWS equipment is 
required for airplanes operated under parts 121 and 135 configured with 
10 or more passenger seats. Class B TAWS equipment is required for 
airplanes operated under part 135 with a passenger seating 
configuration of 6 to 9 seats. In addition to TAWS, HTAWS are currently 
only required in HAA operations.
    The FAA promulgated Sec.  135.154 in response to several NTSB 
recommendations resulting from accidents involving controlled flight 
into terrain (CFIT).\434\ Additionally, multiple DOT Volpe National 
Transportation Systems Center (VNTSC) studies found that GPWS and EGPWS 
equipment could be a particularly effective means of preventing CFIT 
accidents.\435\ After the GPWS rules were issued, advances in terrain 
mapping technology permitted the development of a new type of GPWS that 
provides greater situational awareness for flight crews--TAWS.
---------------------------------------------------------------------------

    \434\ Terrain Awareness and Warning System, 65 FR 16737 (Mar. 
29, 2000).
    \435\ Id.
---------------------------------------------------------------------------

    TAWS improved on the existing GPWS systems by providing the flight 
crew with earlier aural and visual warnings of impending terrain. Class 
A and B TAWS incorporate a forward-looking capability. In addition, 
Class A TAWS equipment includes current GPWS-required functions and 
provides the pilots with a visual representation of the impending 
terrain by use of a display unit.\436\ These improvements in TAWS 
provide the flight crew with more time and greater situational 
awareness to enable them to take positive corrective actions. HTAWS, 
like Class A TAWS, provides a display unit for the pilots to see a 
visual depiction of the terrain ahead. Both Class A and B TAWS units 
look farther ahead of the airplane and provide terrain and obstacle 
alerts sooner than the HTAWS alerts. In addition, both Class A and B 
TAWS units provide a greater terrain clearance in comparison to HTAWS.
---------------------------------------------------------------------------

    \436\ Display units in Class B TAWS are not required.
---------------------------------------------------------------------------

    With the greater terrain clearance and farther look ahead of TAWS, 
for certain operations, there is the potential of low altitude nuisance 
alerts in rotorcraft or powered-lift operations because this equipment 
is designed for forward flight of an airplane rather than the flight 
characteristics of a rotorcraft or powered-lift. Nuisance alerts can be 
dangerous because they may dilute the effectiveness of TAWS when a 
pilot inhibits or ignores repetitive alerts. These nuisance alerts can 
also become a distraction especially when a pilot is in a high workload 
or emergency situations where the pilot's attention and ability to 
respond may be compromised, such as during approach and landing phases 
of flight. Compared to TAWS, HTAWS would be more likely to reduce 
nuisance alerts because the HTAWS units use a closer-in look at the 
terrain rather than looking farther out like the TAWS units. This is an 
important distinction considering the high-performance characteristics 
and the anticipated low altitude operating environment in which 
powered-lift are likely to operate.
    Powered-lift operate in a manner similar to airplanes in cruise 
flight and conduct take-off and landing operations similar to 
helicopters. However, the FAA expects the transition of a powered-lift 
from cruise flight to vertical flight will not be instantaneous, 
regardless of the type of powerplant. The current TAWS and HTAWS, 
individually, are not a complete solution for powered-lift that operate 
similar to both airplanes and helicopters. Although there is no 
specification yet developed that incorporates the features of both TAWS 
and HTAWS in a single unit, the FAA would consider a hybrid system in a 
powered-lift that utilizes the features of a TAWS A system for wing-
borne flight and HTAWS for vertical flight modes of operation for 
compliance with Sec.  135.154. The FAA has determined that without a 
TAWS A/HTAWS hybrid system, and until a TAWS specification is developed 
specifically for powered-lift, the current HTAWS specification, which 
requires a terrain display unit, would provide the best level of safety 
without an undue number of nuisance alerts. To ensure that powered-lift 
engaged in air carrier operations will be operated at the highest 
possible degree of safety, as required by 49 U.S.C. 44701(d)(1)(A), the 
FAA proposes in Sec.  194.307(q) that powered-lift having a passenger 
seating configuration, excluding any pilot seat, of 6 or more be 
equipped with a HTAWS that meets the requirements in Technical Standard 
Order (TSO) C194 and Section 2 of RTCA DO-309, as prescribed for 
helicopters and contained in Sec.  135.605, unless equipped with a FAA 
approved TAWS A/HTAWS hybrid system.
    In addition, the FAA proposes in Sec.  194.307(q) that Sec.  
135.154(c) apply to powered-lift as they will be required to have an 
aircraft flight manual that contains the appropriate procedures on the 
use of this equipment and the proper flight crew reactions in response 
to a HTAWS activation. This will ensure powered-lift equipped with 
HTAWS or

[[Page 39054]]

an FAA approved TAWS A/HTAWS hybrid system are operated at a level of 
safety that a terrain awareness system currently provides for 
airplanes.
    Section 135.158 requires transport category airplanes equipped with 
a flight instrument pitot heating system to also be equipped with an 
operable pitot heat indication system that complies with Sec.  
25.1326.\437\ The FAA added this requirement for transport category 
airplanes to provide greater assurance that pilots would be alerted 
when the pitot heat was not operating and reduce the possibility of the 
pilots relying on faulty flight data instrumentation indications for 
aircraft control.\438\ On March 13, 1978, the FAA published the final 
rule requiring pitot heat warning indicators on transport category 
airplanes.\439\ This requirement was added to part 25 (Sec.  25.1326) 
and to part 91 (Sec.  91.50).\440\ Existing part 135 operators were 
required to comply with the requirements of Sec.  91.50, so a separate 
rule specifically for part 135 was not required. On August 31, 1981, 
the FAA published a final rule relieving general aviation operators of 
transport category airplanes operated under part 91 from the 
requirement to install a pitot heat indicating system citing that there 
were no records of general aviation transport category airplane 
accidents that were attributable to a pitot heating system 
failure.\441\ In that rulemaking the FAA also stated that part 91 
operations are not any less susceptible than operations conducted under 
part 135 to the problems at which Amendment 91-148 was directed. 
However, the FAA also stated that it holds part 135 operations to a 
higher level of safety and there are stricter safety standards than 
those placed on part 91 operations. As a result, the FAA added the 
pitot heat warning indicator requirement into Sec.  135.158.\442\
---------------------------------------------------------------------------

    \437\ Transport Category Airplanes--Pitot Heat Indication 
Systems, Final Rule, 46 FR 43804 (Aug. 31, 1981).
    \438\ Transport Category Airplanes--Pitot Heat Indication 
Systems, NPRM, 43 FR 10338 (Mar. 13, 1978).
    \439\ Id.
    \440\ Id.
    \441\ Transport Category Airplanes--Pitot Heat Indication 
Systems, Final Rule, 46 FR 43804 (Aug. 31, 1981).
    \442\ Id.
---------------------------------------------------------------------------

    Section 135.158 was initially codified for transport category 
airplanes, to ensure that the flight crew receives an indication when 
the pitot heating system is not operating. Since the inception of this 
rule in 1978, technological advances in aircraft display and control 
systems, such as fly by wire, highly integrated glass cockpits, and 
highly augmented advanced flight control systems which require accurate 
sensory data, further justify the need for accurate pitot/static 
information captured into the processing units on powered-lift. The FAA 
anticipates that powered-lift will incorporate the technological 
advances in aircraft display, will require highly augmented advanced 
flight control systems, and will be capable of operations in conditions 
conducive to icing. Accordingly, the FAA proposes in Sec.  194.307(r) 
that Sec.  135.158 apply to all powered-lift that have a required pitot 
heating system installed.
    The FAA adopted Sec.  135.159 in 1986 as a result of the Rotorcraft 
Regulatory Review Program.\443\ The requirement for a gyroscopic rate-
of-turn indicator is required for aircraft carrying passengers under 
VFR at night or under VFR over-the-top except as provided in Sec.  
135.159(a)(1) through (3).\444\ Amendments to Sec.  135.159 updated the 
airworthiness and operating requirements to reflect advanced technology 
being incorporated in current designs while maintaining an acceptable 
level of safety.\445\ These amendments also included related changes to 
the general and air taxi operating rules, including an exception under 
Sec.  135.159(a)(1) and (2) allowing a third attitude indicator in lieu 
of a gyroscopic rate-of-turn indicator.\446\ These proposals arose from 
the recognition, by both government and industry, that updated safety 
standards are needed for an acceptable level of safety in the design 
requirements for airplanes and helicopters that are used in both 
private and commercial operations. The rule provides that flight 
instrument systems with a third attitude indicator need not include the 
gyroscopic rate-of-turn indicator. Allowing a third attitude indicator 
with a dedicated power supply to replace the gyroscopic rate-of-turn 
indicator relieves the burden on the manufacturer and allows safer 
operations because attitude indicators provide both aircraft bank and 
pitch information to the pilot, thus increasing aircraft control and 
safety as compared to only a gyroscopic rate-of-turn indicator.
---------------------------------------------------------------------------

    \443\ Rotorcraft Regulatory Review Program Amendment No. 5; 
Operations and Maintenance, 51 FR 40695 (Nov. 7, 1986).
    \444\ VFR over-the-top, with respect to the operation of 
aircraft, means the operation of an aircraft over-the-top under VFR 
when it is not being operated on an IFR flight plan.
    \445\ Small Airplane Airworthiness Review Program Amendment No. 
5, 55 FR 43306 (Oct. 26, 1990).
    \446\ Id.
---------------------------------------------------------------------------

    Because powered-lift will be operated much like a traditional 
airplane in cruise flight, the FAA proposes in Sec.  194.307(s) that 
the exception detailed in Sec.  135.159(a)(1) should also apply to 
powered-lift. Conversely, given the similarities of powered-lift and 
traditional airplanes during cruise flight, the FAA does not propose to 
apply the helicopter-specific paragraphs prescribed in Sec.  
135.159(a)(2) and (3) to powered-lift. For more information on this 
topic, please refer to the discussion in section VI.A regarding the 
applicability of Sec.  91.205(d).
    Section 135.165 details communication and navigation equipment for 
extended over-water or IFR operations. This section is general to 
aircraft except for Sec.  135.165(d) and (g)(1) which are specific to 
airplanes. In the final rule published in 1978, the FAA summarized the 
equipment requirements listed in Sec.  135.165 as essential to safety 
of extended over-water and IFR operations, and for maintaining 
communications during these operations.\447\
---------------------------------------------------------------------------

    \447\ Regulatory Review Program; Air Taxi Operators and 
Commercial Operators, 43 FR 46742 (Oct. 10, 1978).
---------------------------------------------------------------------------

    Paragraph (d) contains the communication equipment requirement for 
turbojet airplanes that have a passenger seat configuration, excluding 
any pilot seat, of 10 seats for more, or for a multiengine airplane 
used in commuter operations. Although this paragraph specifies 
airplanes, the FAA determined that this paragraph should also apply to 
powered-lift with a passenger seating configuration, excluding any 
pilot seat, of 10 seats or more, or a powered-lift used in commuter 
operations, regardless of the type of powerplant, as proposed in Sec.  
194.307(t).
    Paragraph (g) provides for extended over-water exceptions that 
allow the use of a single long-range navigation and single long-range 
communication system in certain geographic areas as authorized by the 
FAA. A list of operational factors the FAA may consider is listed in 
paragraph (g)(1) through (3) of this section. Although paragraph (g)(1) 
uses the term airplane, the FAA proposes in Sec.  194.307(u) to extend 
the ability to request that exception to powered-lift that are able to 
conduct extended over-water operations.
    The FAA proposes that paragraphs (d) and (g)(1) apply to powered-
lift, as previously described. Powered-lift operate like airplanes 
while in cruise flight, and any powered-lift that triggers the 
threshold for applicability of this

[[Page 39055]]

section should be operated at the same level of safety as an airplane. 
This will ensure powered-lift will be able to communicate as required 
during IFR and extended over-water flights.
    Section 135.169 provides for additional airworthiness requirements 
for large airplanes, or small airplanes with a passenger-seating 
configuration of 10 or more seats. These airplanes are held to a higher 
airworthiness safety standard either through aircraft certification 
basis or certain other regulatory standards or requirements. This 
regulation also has certain rules about the material used as a liner 
for cargo or baggage compartments. The preamble from the final rule 
promulgating this regulation states that the purpose of the rule was to 
ensure that airplanes of this size used in part 135 operations met a 
higher level of airworthiness standards for equipment and materials 
used.\448\ Powered-lift will spend their cruise portion of flight 
similar to airplanes, including the in-flight environment in which they 
operate. When a powered-lift is configured with 10 or more passenger 
seats or is large, the persons riding on that aircraft should be 
afforded the same level of safety afforded to them if they were a 
passenger in an airplane. At this time, the FAA has not identified a 
reason to differentiate between airplanes and powered-lift when it 
relates to the safety standards required by this section as detailed 
below.
---------------------------------------------------------------------------

    \448\ See Air Taxi and Commercial Operators, 42 FR 43490 (Aug. 
29, 1977).
---------------------------------------------------------------------------

    Section 135.169(a) applies to large airplanes and requires them to 
meet the additional airworthiness requirements of Sec. Sec.  121.213 
through 121.283 and 121.307. Section 121.213 no longer exists; 
Sec. Sec.  121.215 through 121.283 provide additional airworthiness 
requirements for aircraft equipment and materials (e.g., materials for 
the cabin interior, internal doors, fuel valves, fire walls, and lines 
and fittings). Section 121.307 requires certain engine instruments such 
as a carburetor air temperature indicator, fuel pressure indicator, and 
manifold pressure indicator. The FAA proposes in Sec.  194.307(v) to 
require a large powered-lift to comply with appropriate certification 
provisions listed in Sec.  135.169(a) or such airworthiness criteria as 
the FAA may find provide an equivalent level of safety in accordance 
with Sec.  21.17(b), as previously discussed in section IV.A of this 
preamble.
    Section 135.169(b) applies to operators of small airplanes that 
have a passenger seating configuration, excluding pilot seats, of 10 
seats or more and requires certain type certifications for these 
aircraft. The FAA has determined that paragraphs (b)(2) through (7) 
would not be applicable to powered-lift, as these aircraft are new 
designs and would be required to meet the latest aircraft certification 
safety standards. The remaining provisions in paragraph (b)--paragraphs 
(b)(1) and (8)--were determined to be applicable to powered-lift. 
Paragraph (b)(1) requires the airplane be certificated in the transport 
category, and paragraph (b)(8) requires certification in the normal 
category as a multi-engine certification level 4 airplane as defined in 
part 23. The FAA proposes in Sec.  194.307(w) that small powered-lift 
with a passenger seating configuration of 10 seats or more operating 
under part 135 must comply with the applicable part 23 provisions 
identified in Sec.  135.169(b)(8) or such airworthiness criteria as the 
FAA may find provides an equivalent level of safety in accordance with 
Sec.  21.17(b). The purpose of proposed Sec.  194.307(w) will ensure 
that, at a minimum, a small powered-lift utilized in part 135 
operations and carrying more than 10 passengers will achieve a 
certification standard at least equivalent to the standard set forth in 
Sec.  135.169(b)(8) or a higher standard.
    Section 135.169(d) addresses cargo or baggage compartment 
requirements of 200 cubic feet or greater volume in transport category 
airplanes. The intent of Sec.  135.169(d) is to reduce the risk of fire 
burning through the compartment liner and becoming uncontained by 
requiring more flame-resistant materials.\449\ The FAA has determined 
that ceiling and sidewall liner panels such as Kevlar or Nomex, 
aluminum or glass fire reinforced resin should be required. 
Accordingly, the FAA proposes in Sec.  194.307(x) for large powered-
lift that have a cargo or baggage compartment of 200 cubic feet or 
greater, be required to meet the certification requirements of part 25, 
appendix F, part III, or such airworthiness criteria as the FAA may 
find provide an equivalent level of safety in accordance with Sec.  
21.17(b). The FAA identified that the same benefits exist for ensuring 
that large cargo or baggage compartments meet the certification 
requirements of part 25 or equivalent for powered-lift as exist for 
airplanes.
---------------------------------------------------------------------------

    \449\ See Fire Protection Requirements for Cargo or Baggage 
Compartments, Final Rule, 54 FR 7384 (Feb. 17, 1989).
---------------------------------------------------------------------------

    Section 135.170 lists the requirements for materials used in the 
compartment interiors of specific airplanes as denoted in this rule. 
The flammability requirements are tied to the number of seats in the 
airplane to increase survivability in the case of an in-cabin fire. 
These regulations were promulgated for airplanes because there were far 
fewer helicopters that had a similar number of seats, and due to the 
performance characteristics of airplanes, descent, landing, and 
evacuation would take longer in an airplane than in a helicopter with a 
similar number of seats. Some powered-lift may be able to transition to 
landing quickly; however, others may have descent, landing, and 
evacuation times similar to airplanes.
    Section 135.170(b) applies to large airplanes and specifies 
additional airworthiness requirements that must be met. To maintain a 
high level of safety, and until the FAA has more experience with 
commercial operations conducted with large powered-lift, the FAA 
proposes in Sec.  194.307(y) and (z) that large powered-lift comply 
with the applicable paragraphs of Sec.  135.170(b)(1) and (2). Powered-
lift must comply with appropriate certification provisions listed in 
Sec.  135.170(b)(1) and (2) or such airworthiness criteria as the FAA 
may find provide an equivalent level of safety in accordance with Sec.  
21.17(b).
    Section 135.170(c) details the requirements for thermal/acoustic 
materials on transport category airplanes. For large powered-lift, the 
FAA asserts that the flame propagation requirements applicable to 
transport category airplanes should also be applicable. This will help 
to ensure that persons or property carried on large powered-lift are 
afforded the same safety provided to persons or property carried in 
transport category airplanes. Accordingly, large powered-lift would be 
required to comply with the provisions of Sec.  135.170(c). As proposed 
in Sec.  194.307(aa), this section requires that large powered-lift 
comply with Sec.  25.856 (Thermal/Acoustic insulation materials) or 
such airworthiness criteria as the FAA may find provide an equivalent 
level of safety in accordance with Sec.  21.17(b).
    Section 135.173(a) requires aircraft, excluding helicopters 
operating under day VFR conditions, that have a passenger seating 
configuration, excluding any pilot seat, of 10 seats or more in 
passenger-carrying operations to be equipped with either approved 
thunderstorm detection equipment or approved airborne weather radar 
equipment. Helicopters were excluded from this requirement for day VFR

[[Page 39056]]

flights in 1986.\450\ Though helicopters have less potential range than 
airplanes, making it more difficult for helicopters to escape a weather 
system once within one, helicopters are highly maneuverable and have 
the capability to adjust altitude and direction rapidly. This enables 
them to change altitude, airspeed, and direction rapidly in order to 
circumnavigate or avoid a thunderstorm.
---------------------------------------------------------------------------

    \450\ Rotorcraft Regulatory Review Program Amendment No. 5; 
Operations and Maintenance, 51 FR 40692 (Nov. 7, 1986).
---------------------------------------------------------------------------

    Section 135.173(b) is specific for helicopters and only requires 
this equipment under night VFR when current weather reports indicate 
that thunderstorms or other potentially hazardous weather conditions 
that can be detected with airborne thunderstorm detection equipment may 
reasonably be expected along the route to be flown. This equipment is 
beneficial for night operations because considerable thunderstorm 
activity occurs at night and this equipment aids in locating hazardous 
unseen storm activity. This contributes to greater safety in operations 
because it enables the pilot to detect and locate severe adverse 
weather areas early. The equipment also enables the pilot to avoid 
these areas or take other action necessary for safety of flight. The 
FAA asserted that although a helicopter has the ability to land in 
small areas and can use this ability to avoid hazardous weather 
conditions, this advantage is not significant during VFR night 
operations when a landing option may not be available, such as when 
over water, forests, mountainous or congested areas, or when visibility 
is restricted.\451\ Additionally, a helicopter is as susceptible to 
thunderstorm hazards as the airplane if the pilot fails to avoid severe 
weather areas.
---------------------------------------------------------------------------

    \451\ Rotorcraft Regulatory Review Program Notice No. 5, 50 FR 
10144 (Mar. 13, 1985).
---------------------------------------------------------------------------

    The FAA has determined that the helicopter exception contained in 
this regulation should not apply to powered-lift because these new 
entrant aircraft are expected to operate similar to an airplane during 
the en route phases of flight and at this point, the agency does not 
have enough information about the operations of powered-lift to state 
definitively whether they will have the agility and maneuverability of 
a helicopter during the cruise portion of flight. Powered-lift will 
likely require more time and space to recognize and successfully 
maneuver out of the dangers associated with hazardous thunderstorm 
activity. The FAA expects to gather more information about this during 
the term of the SFAR.
    Section 135.178 details additional emergency equipment applicable 
to airplanes having a passenger seating configuration of more than 19 
seats. Helicopters generally do not meet the threshold of having this 
configuration. This section was implemented largely due to several 
studies conducted by the Civil Aerospace Medical Institute (CAMI) on 
exit row configurations and equipment necessary for the most efficient 
emergency exit of the airplane in the case of emergency.\452\
---------------------------------------------------------------------------

    \452\ See Improved Access to Type III Exits, 57 FR 19220 at 
19245 (May 4, 1992).
---------------------------------------------------------------------------

    The FAA anticipates that due to advances in technology, powered-
lift developed in the future could surpass the 19-passenger seating 
configuration. The FAA proposes in Sec.  194.307(bb) that when a 
powered-lift is operated while having a passenger seating configuration 
of more than 19 seats this rule should be applicable because a powered-
lift that is able to carry more than 19 passengers should have the 
requisite procedures and equipment to evacuate those passengers in the 
event of an emergency such as is currently required for airplanes. As 
proposed, this section requires that certain powered-lift meet specific 
airworthiness requirements from part 25. Powered-lift must comply with 
appropriate part 25 certification provisions listed in Sec.  135.169(a) 
or such airworthiness criteria as the FAA may find provide an 
equivalent level of safety in accordance with Sec.  21.17(b).
    Section 135.179 contains the conditions required to take off an 
aircraft with inoperable instruments or equipment, lists the Minimum 
Equipment List (MEL) requirements, and what instruments and equipment 
may not be contained within the MEL. The availability of a MEL in part 
135 was introduced with the publication of the final rule on October 
10, 1978.\453\ Until 1991, only multi-engine aircraft were permitted to 
use a MEL, then the FAA published a final rule expanding the 
availability of a MEL to any civil aircraft that can be operated under 
part 135, including single-engine aircraft. The notice of proposed 
rulemaking \454\ that is directly related to the 1991 final rule states 
that the MEL provisions would apply to ``aircraft'' and that ``[t]he 
FAA also proposes to amend the language of Sec. Sec.  135.179 and 
125.201 to make them essentially the same as Sec.  121.628''.\455\ The 
FAA notes that the mention of airplane in Sec.  135.179(b)(1) appears 
to be an oversight in transcription and should actually reference 
aircraft, as do the rest of the references in Sec.  135.179. This is in 
contrast to Sec.  121.628, where all references are to airplane. Review 
of the historical information for this rule reveals that the FAA's 
original intent was for Sec.  135.179 to apply to ``any civil 
aircraft,'' which includes powered-lift. As a result, the FAA proposes 
to make a technical amendment to Sec.  135.179(b)(1) to reflect that 
intent.
---------------------------------------------------------------------------

    \453\ Air Taxi Operators and Commercial Operators, 43 FR 46770 
(Oct. 10, 1978).
    \454\ Minimum Equipment List Requirements, 54 FR 3320 (Jan. 23, 
1989).
    \455\ Minimum Equipment List Requirements, 56 FR 12311 (Mar. 22, 
1991).
---------------------------------------------------------------------------

    Section 135.180 was implemented to require traffic alert and 
collision avoidance systems (TCAS) for turbine-powered airplanes that 
have a passenger seat configuration, excluding any pilot seat, of 10 to 
30 seats. TCAS uses nearby aircraft's transponder signals to alert 
pilots to the danger of mid-air collisions. The FAA considered many 
factors when determining which part 135 airplanes would be required to 
be equipped with a TCAS.\456\ These factors included the relative 
speed, size, and the number of passengers per airplane, as well as the 
fact that these types of airplanes can operate in the same high density 
terminal airspace as airplanes operating under part 121.\457\ The FAA 
anticipates that certain powered-lift will have the same relative 
speed, size, and passenger-carrying capacity of the airplanes that were 
required to be equipped with TCAS. Additionally, the FAA anticipates 
that some powered-lift will have the ability to operate in the same 
airspace as other larger, high performance aircraft, including 
airplanes operating under part 121. To afford the same level of safety 
through the mitigation of potential mid-air collisions and their 
devastating effects on persons and property onboard or in the same 
airspace as powered-lift, the FAA is proposing in Sec.  194.307(cc) 
that this section apply to powered-lift that have a passenger seat 
configuration, excluding any pilot seat, of 10 to 30 seats.
---------------------------------------------------------------------------

    \456\ Traffic Alert and Collision Avoidance System, 54 FR 951 
(Jan. 10, 1989).
    \457\ Id. at 951.
---------------------------------------------------------------------------

    Powered-lift that are required to have TCAS will also be required 
to have the content specified in Sec.  135.180(b) in the powered-lift's 
aircraft flight manual. This will ensure that the persons operating a 
powered-lift will have access to the appropriate procedures for the use 
of the TCAS equipment, proper flightcrew action with respect to the 
TCAS equipment, and an outline of all the input sources that must be 
operating for proper TCAS operation.

[[Page 39057]]

iv. Subpart D: VFR/IFR Operating Limitations and Weather Requirements
    Subpart D prescribes operating limitations for VFR/IFR flight 
operations and associated weather requirements for operations under 
part 135. Section 135.203 provides the VFR minimum altitude 
requirements for airplanes and helicopters. The FAA established minimum 
altitudes in the Civil Air Regulations (CAR) to ensure that a pilot had 
sufficient altitude to enable safe maneuvering of the aircraft, 
especially when encountered with an emergency situation, while still 
ensuring the safety of persons and property on the surface. Different 
minimum altitudes for airplanes and helicopters exist because the FAA 
recognized that the special flight characteristics of a helicopter 
enable it to accomplish an emergency landing in a small space compared 
to an airplane. Additionally, the maneuverability of a helicopter 
permits it to make corrective actions in less distance than most 
airplanes; a helicopter is able to avoid obstacles at a closer range 
and land in much more confined areas. This enables a helicopter to be 
operated over congested areas at 300 feet above the surface without 
compromising safety of persons or property on the surface.
    The FAA anticipates many powered-lift, other than necessary for 
takeoff and landing, in order to gain efficiencies in speed and range, 
will prefer to utilize lift provided by the wing for as long as 
practical. Since powered-lift will likely operate like an airplane in 
cruise flight, they will require more time and distance to correct 
their flightpath to avoid other aircraft and obstacles. Since a gliding 
aircraft requires more space to conduct a safe landing, a gliding 
powered-lift would require a higher altitude to provide the pilot more 
time to select an appropriate off-airport landing site. Unlike other 
aircraft categories, powered-lift have to make a transition from flight 
on the rotors or other thrust devices to flight on the wing and vice 
versa in order to conduct takeoff and landing operations. The FAA 
expects the transition of a powered-lift from forward flight to 
vertical flight would not be instantaneous, requiring additional time, 
distance, and altitude that is unique from other categories of 
aircraft. Although some powered-lift may be capable of performing an 
emergency autorotation into a more confined space, the FAA anticipates 
that additional altitude would increase the chances of a successful 
outcome without undue hazard to persons or property on the surface. The 
FAA is proposing in Sec.  194.307(dd) to apply the airplane minimum 
altitude requirements of Sec.  135.203(a) to powered-lift. The FAA 
anticipates learning more about powered-lift operational capabilities 
and commonalities during the term of this SFAR.
    Section 135.205 provides the visibility requirements for an 
airplane or helicopter operating under VFR in uncontrolled airspace. 
There is a wide range of powered-lift in development and the aircraft 
produced will have a wide range of performance capabilities. Since 
powered-lift will have the potential to fly at airspeeds higher than 
rotorcraft, the FAA anticipates a powered-lift pilot will need the 
additional visibility required for them to safely acquire other 
aircraft and obstacles and to make appropriate corrective actions. 
Additionally, a more conservative application of this rule is in the 
public's best interest and should apply to powered-lift until such time 
as the FAA has enough operational data to support reduced visibility 
requirements. Accordingly, the FAA proposes in Sec.  194.307(ee) to 
require powered-lift operating under VFR in uncontrolled airspace to 
maintain the ceiling and visibility requirements detailed for airplanes 
under Sec.  135.205(a).
    Section 135.209 details that airplanes are required to have enough 
fuel supply under VFR considering wind and forecast weather conditions 
to reach the first point of intended landing at normal cruise fuel 
consumption and then fly after that point for 30 minutes. At night, 
this requirement increases to 45 minutes past the first point of 
intended landing. Helicopters must have enough fuel to fly to the first 
point of intended landing, considering wind and forecast weather 
conditions, and to fly after that for at least 20 minutes regardless of 
day or nighttime.
    The FAA predicts that powered-lift will conduct cruise operations 
in configurations similar to airplanes while conducting takeoff and 
landing operations in a manner similar to helicopters. Because these 
aircraft will predominately use wing-borne flight during cruise similar 
to airplanes, the FAA anticipates that some powered-lift will have the 
potential to fly at higher altitudes and speeds. Additionally, some 
powered-lift may require more surface area to conduct a landing than a 
helicopter, thereby reducing the number of available unplanned landing 
sites, and would benefit from the additional fuel reserves required for 
airplanes. Therefore, the FAA proposes in Sec.  194.307(ff) to require 
powered-lift to adhere to the fuel reserves set forth in Sec.  
135.209(a).
    Section 135.221 provides the requirements for alternate airport 
weather minimums. Paragraph (a) requires, for an aircraft other than 
rotorcraft, that no person may designate an alternate airport unless 
the weather reports or forecasts indicate the weather conditions will 
be at or above authorized alternate airport landing minimums for that 
airport at the estimated time of arrival. Authorized landing minimums 
for these aircraft are specified in Operations Specification C055. The 
FAA anticipates powered-lift will spend a majority of their flight time 
in wing-borne flight and cruise at higher altitudes with the potential 
for higher speeds than rotorcraft. As a result, the FAA determined the 
provisions contained in Sec.  135.221(a) applicable to aircraft would 
be best suited for powered-lift until such time the FAA receives data 
that supports the application of the rotorcraft alternate airport 
weather minimums as contained in Sec.  135.221(b). Accordingly, this 
provision applies to powered-lift as drafted and the FAA does not 
propose to apply the exception for rotorcraft in Sec.  135.221(b).
    Section 135.223(a) requires aircraft to carry a 45-minute fuel 
reserve and helicopters to carry a 30-minute fuel reserve. The 30-
minute fuel reserve requirement for helicopters was initially granted 
under SFAR 29.\458\ Operations under SFAR 29 gave the FAA insight to 
make a safety and risk analysis enabling SFAR 29 to be codified in 
Sec. Sec.  91.167 and 135.223. The final rule language for Sec.  91.167 
(and similarly for Sec.  135.223) noted that the FAA had gained 
sufficient experience with operations conducted under SFAR 29 to 
justify a reduction for minimum fuel reserve requirements for 
helicopters.\459\ The FAA does not have sufficient experience to grant 
relief for powered-lift fuel requirements at this time, and consistent 
with the phased approach taken to provide additional fuel reserve 
relief for helicopters, will retain the 45-minute fuel reserve 
requirement and not apply the less restrictive helicopter minimum set 
forth in Sec.  135.223(a)(3). The FAA may reevaluate the 45-minute

[[Page 39058]]

fuel reserve requirement once it has sufficient experience under this 
SFAR.
---------------------------------------------------------------------------

    \458\ The FAA promulgated SFAR No. 29 in 1975 to allow the 
Administrator to issue approvals for rotorcraft IFR operations on an 
interim basis pending the conclusion of a study to determine whether 
the FAA should establish a ``limited'' IFR category for these 
rotorcraft, including flight characteristics and equipment 
requirements, operating procedures and limitations, flight crew 
requirements, and training requirements. See FAA Study of Limited 
IFR Operations in Rotorcraft, 40 FR 2420 (Jan. 13, 1975).
    \459\ Rotorcraft Regulatory Review Program Amendment No. 5; 
Operations and Maintenance, 51 FR 40692 (Nov. 7, 1986).
---------------------------------------------------------------------------

    Section 135.225 contains requirements generally applicable to 
aircraft performing instrument approaches to airports. Section 
135.225(e) requires a PIC of a turbine powered airplane who has not 
served at least 100 hours as PIC in that type of airplane to increase 
the Minimum Descent Altitude (MDA) or Decision Altitude/Decision Height 
(DA/DH) and visibility landing minimums by 100 feet and \1/2\ mile 
respectively. This requirement has existed in part 135 since its 
original codification in 1964.\460\ This requirement was initially 
codified into 14 CFR parts 40, 41, and 42 with the publication of the 
FAA's final rule on April 22, 1961.\461\ The FAA asserted that the safe 
execution of an instrument approach to the lowest minimums requires the 
highest degree of pilot familiarity with the airplane, its controls, 
instruments, and performance characteristics, and that 100 hours of 
experience in a new type of airplane as PIC in air carrier or 
commercial operations is necessary in order to achieve this degree of 
familiarity.
---------------------------------------------------------------------------

    \460\ Miscellaneous Amendments, 29 FR 2988 (Mar. 5, 1964).
    \461\ IFR Landing Minimums for Pilots With Less than 100 Hours 
as Pilot in Command in a Particular Type of Airplane, 26 FR 3460 
(Apr. 22, 1961).
---------------------------------------------------------------------------

    Although this requirement was implemented more than 61 years ago, 
this familiarity requirement is still relevant to operations conducted 
in airplanes today. The FAA ascertains that PICs of powered-lift should 
also possess the highest degree of familiarity with their aircraft, its 
controls, instruments, and performance requirements. The FAA also 
determined that powered-lift's additional complexity required as the 
aircraft transitions from winged to vertical flight during a critical 
phase of flight requires that PICs of all powered-lift have the 
increased MDA or DA/DH and visibility landing minimums as required by 
Sec.  135.225(e). To maintain the level of safety currently afforded to 
persons and property in the air and on the ground, the FAA proposes in 
Sec.  194.307(gg) to require that the requirements of Sec.  135.225(e) 
apply to PICs of any powered-lift.
    Section 135.227 addresses the operating limitations in icing 
conditions for airplanes and helicopters. Paragraph (a), which applies 
to ``aircraft'' including powered-lift, states ``no pilot may take off 
an aircraft that has frost, ice, or snow adhering to any rotor blade, 
propeller, windshield, stabilizing or control surface; to a powerplant 
installation; or to an airspeed, altimeter, rate of climb, flight 
attitude instrument system, or wing, except that takeoffs may be made 
with frost under the wing in the area of the fuel tanks if authorized 
by the FAA.'' Section 135.227(a) applies to all aircraft and powered-
lift must comply with those requirements as written.
    Paragraph (b) applies to airplane operations and requires 
certificate holders to ensure their pilots receive the training 
required by Sec.  135.341 when the conditions are such that frost, ice, 
or snow may reasonably be expected to adhere to the airplane, if the 
certificate holder authorizes takeoffs in ground icing conditions.\462\ 
This paragraph was included in the Training and Checking in Ground 
Icing Conditions proposed rule. The FAA promulgated this rule in 1993 
in response to part 135 accidents caused by pilots beginning a takeoff 
with contamination adhering to critical airplane surfaces.\463\ The 
NPRM cited a common thread throughout the accidents and incidents of 
the pilot's apparent lack of awareness of the potential hazard from 
even small amounts of frost, ice, or snow on the airplane wings and 
controls surfaces. Paragraph (b) does not allow a certificate holder to 
authorize an airplane to take off anytime conditions are such that 
frost, ice, or snow may reasonably be expected to adhere to the 
airplane unless one of the following requirements are met: (1) A 
pretakeoff contamination check established by the certificate holder 
and approved by the FAA for the specific airplane type has been 
completed within 5 minutes prior to beginning the takeoff--this 
pretakeoff contamination check is a check to ensure the wings and 
control surfaces are free of frost, ice, or snow; (2) the certificate 
holder has an approved alternative procedure which will determine the 
airplane is free of frost, ice, or snow; or (3) the certificate holder 
has an approved deicing/anti-icing program meeting the requirements of 
Sec.  121.629.
---------------------------------------------------------------------------

    \462\ Section 135.227 references training required by Sec.  
135.341. Section 135.341(b) requires the training program for part 
135 operators to include ground training for initial, transition, 
and upgrade training. Section 135.345 specifies the required content 
of initial, transition, and upgrade ground training. Specifically, 
Sec.  135.345(b)(6)(iv) requires training on operating during ground 
icing conditions (i.e., any time conditions are such that frost, 
ice, or snow may reasonably be expected to adhere to the airplane), 
if the certificate holder expects to authorize takeoffs in those 
conditions.
    \463\ Training and Checking in Ground Icing Conditions, 58 FR 
49164 (Sept. 21, 1993).
---------------------------------------------------------------------------

    The 1993 preamble states that the FAA's goal in this rulemaking was 
twofold. First, as provided in part 121, to ensure pilots will be made 
fully aware, through training, of the dangers involved in beginning 
takeoff with contamination adhering to the airplane.\464\ Second, to 
require pilots to accomplish one or more checks (pretakeoff and/or 
pretakeoff contamination) prior to beginning takeoff. Requiring that a 
pretakeoff contamination check is completed within 5 minutes prior to 
beginning a takeoff is intended to provide an equivalent level of 
safety to Sec.  121.629. Under paragraph (b)(2) of Sec.  135.227, the 
FAA allows certificate holders to use an approved alternative procedure 
to ensure their airplanes are free of frost, ice, or snow. The FAA 
asserted in the preamble that the option to use an approved alternative 
procedure was included to permit certificate holders to develop 
alternative check procedures in lieu of the pretakeoff contamination 
check. To ensure that any alternative check procedures will provide an 
adequate level of safety, these procedures require FAA approval prior 
to their use by the certificate holder. These procedures must be 
specifically designed for the type of aircraft and the type of 
operations in which they would be used.
---------------------------------------------------------------------------

    \464\ Id. at 49166.
---------------------------------------------------------------------------

    The FAA anticipates that some certificate holders operating 
powered-lift will desire the ability to conduct takeoffs when the 
conditions are such that frost, ice, or snow may reasonably be expected 
to adhere to aircraft surfaces, provided the pilot has completed all 
applicable training as required by Sec.  135.341 and they are able to 
meet one of the requirements outlined in paragraphs (b)(1) through (3). 
Therefore, the FAA proposes in the SFAR to apply these options to 
certificate holders operating powered-lift.\465\ In addition to wings 
and control surfaces, powered-lift may have other surfaces that are 
negatively impacted by frost, ice, or snow adhering to those surfaces, 
such as rotor blades. These other surfaces are considered critical 
surfaces, which the manufacturer will identify during certification, 
and which will be outlined in the Aircraft Flight Manual for that 
aircraft. Any frost, ice, or snow adhering to a ``critical surface'' 
could have an adverse impact on the aircraft's ability to operate 
safely. The FAA proposes that under the procedure referenced in 
paragraph (b)(1), or any

[[Page 39059]]

approved alternative procedures referenced in paragraph (b)(2), a 
powered-lift's wings, control surfaces, and other critical surfaces are 
determined to be free of frost, ice, or snow. This will ensure that 
powered-lift are operated at the highest level of safety during ground 
icing conditions. Thus, the FAA proposes in Sec.  194.307(hh) that 
paragraph (b) apply to certificate holders operating powered-lift when 
either paragraph (hh)(1), (2), or (3) is met.
---------------------------------------------------------------------------

    \465\ See section V.J of this preamble for a corresponding 
proposal to apply the initial, transition, and upgrade ground 
training requirements for operations in ground icing conditions, 
specified in Sec.  135.345(b)(6)(iv), to powered-lift pilots if the 
certificate authorizes takeoffs in ground icing conditions.
---------------------------------------------------------------------------

    Section 135.227(c) includes the regulatory requirements for flight 
into icing conditions, and it specifies that no pilot may fly under IFR 
into known or forecast light or moderate icing conditions or under VFR 
into known light or moderate icing conditions unless certain conditions 
are met. Section 135.227(c)(1) requires the ``aircraft'' to have 
functioning deicing or anti-icing equipment protecting each rotor 
blade, propeller, windshield, wing, stabilizing or control surface, and 
each airspeed, altimeter, rate of climb, or flight attitude instrument 
system. The requirement applies to all aircraft; accordingly, any 
powered-lift that intends to fly into the icing conditions specified 
must have functioning deicing or anti-icing equipment.
    Section 135.227(c)(2) and (3) are airplane-specific. The FAA will 
not apply these paragraphs to powered-lift because paragraph (d)--which 
applies to helicopters--serves the same purpose as paragraph (c) by 
allowing flight into known or forecast light or moderate icing 
conditions, discussed previously in further detail in section 
VI.D.1.iii of this preamble.
    Section 135.227(e) states no pilot may fly an aircraft into known 
or forecast severe icing conditions unless that aircraft is an airplane 
that has the ice protection provisions that meet section 34 of appendix 
A, or those airplanes certificated under the airplane transport 
category type certification. This paragraph is specific to airplanes 
and references airplane certification requirements that airplanes must 
meet to operate in known or forecast severe icing conditions. Severe 
icing is defined in Advisory Circular 91-74B \466\ as the rate of ice 
accumulation is such that ice protection systems fail to remove the 
accumulation of ice and accumulation occurs in areas not normally prone 
to icing, such as aft of protected surfaces and other areas identified 
by the manufacturer. Due to the novel design of powered-lift, the FAA 
lacks the research, operational experience, and certification criteria 
for authorizing operation of these aircraft in severe icing conditions. 
Until the FAA has sufficient data to authorize powered-lift to operate 
in known or forecast severe icing conditions, the FAA does not propose 
to allow powered-lift to fly into known or forecast severe icing 
conditions as provided in Sec.  135.227(e). The FAA welcomes comments 
including data regarding this proposal.
---------------------------------------------------------------------------

    \466\ Available at https://www.faa.gov/documentLibrary/media/Advisory_Circular/AC_91-74B.pdf.
---------------------------------------------------------------------------

v. Subpart I: Airplane Performance Operating Limitations
    Subpart I outlines the airplane performance operating limitations 
applicable to large transport category, large nontransport category, 
small transport category, and small nontransport category airplanes 
with different types of powerplants. Although this subpart is airplane 
specific, the FAA acknowledges in this SFAR that some powered-lift may 
fit the definition of large aircraft, which is more than 12,500 pounds, 
while others will be considered small aircraft, which are 12,500 pounds 
or less. The FAA anticipates some powered-lift could operate similar to 
an airplane during takeoff and landing and will routinely operate 
similar to an airplane during horizontal flight. In those cases, the 
powered-lift will be supported in flight by the dynamic reaction of the 
air against their wings (termed wing-borne flight), as explained in 
section VI.A.
    The FAA anticipates that some powered-lift will only be able to 
conduct VTOL operations, while others may have the ability to conduct a 
takeoff or landing that depends on wing-borne lift--similar to an 
airplane. For those powered-lift, some of the requirements of subpart I 
would be applicable, and those that the FAA has determined would be 
applicable are discussed in this section. Accordingly, for powered-lift 
that can conduct takeoff and landings using wing-borne lift, the 
performance data will be published in the aircraft flight manual and 
will contain items such as: takeoff roll, takeoff distance, and landing 
distance required. This will enable a pilot of a powered-lift to 
determine that an adequate area is available to enable a safe takeoff 
or landing. The FAA asserts that persons or property being transported 
on powered-lift meeting the size and certification standards of this 
subpart should be afforded the safety requirements of this subpart that 
is currently afforded to those transported on airplanes.
    This subpart also specifies requirements for transport category 
airplanes. This SFAR will propose applicability of those transport 
category requirements to large powered-lift, recognizing that the FAA 
has not yet published a transport category certification standard for 
powered-lift. As previously discussed in section IV.A of this preamble, 
during the certification the FAA develops the certification criteria 
for each individual powered-lift design. Due to the novel designs of 
powered-lift and the varying capabilities of those aircraft, this could 
require using a combination of the aircraft certification standards 
from the various sections of parts 23, 25, 27, and 29.
    Section 135.361 is an applicability regulation for airplane 
performance operating limitations. This section also defines in 
paragraphs (b) and (c) respectively, for the purposes of this subpart, 
the terms ``effective length of the runway'' and ``obstruction 
clearance plane.'' The FAA proposes in Sec.  194.307(ii) that the 
sections of subpart I apply to powered-lift as delineated in each 
section, regardless of powerplant type.
    Section 135.363(a) through (e) contain a general outline of which 
sections of subpart I apply to certain airplanes considering factors 
such as: the size, type of powerplant, and certification basis for the 
airplane. The FAA does not anticipate that there will be a large 
powered-lift produced with a reciprocating engine, therefore paragraph 
(a) will not be applicable. The FAA proposes in Sec.  194.307(jj) that 
when a powered-lift meets the criteria established in paragraphs (b) 
through (e), regardless of powerplant type, then the referenced 
regulatory sections will be applicable.
    Section 135.363(f) requires that the performance data in the 
Airplane Flight Manual must be used in determining compliance with 
Sec. Sec.  135.365 through 135.387. It also contains a provision to 
allow the interpolation and for computing the effects of changes in 
specific variables, as long as those calculations are as accurate as 
the results of direct tests. Although this section specifies an 
Airplane Flight Manual, the FAA asserts that any powered-lift that 
meets the threshold, therefore requiring compliance as detailed in 
Sec. Sec.  135.365 through 135.387, the powered-lift aircraft flight 
manual will contain any applicable performance data. Additionally, the 
FAA expects that the interpolation and computation that is permitted in 
Sec.  135.363(f) could be accomplished for powered-lift without any 
degradation of safety, just as it is allowed for airplanes. Therefore, 
the FAA proposes in Sec.  194.307(kk) that if a powered-lift is 
required to be in compliance with a section contained in

[[Page 39060]]

Sec. Sec.  135.365 through 135.387, then the provisions of Sec.  
135.363(f) will apply.
    Section 135.364 sets the requirement for a certificate holder 
operating an airplane, other than an all-cargo airplane with more than 
two engines, on a planned route that exceeds 180 minutes flying time 
(at the one-engine-inoperative cruise speed under standard conditions 
in still air) from an Adequate Airport outside the continental U.S. 
unless the operation is approved by the FAA in accordance with appendix 
G to part 135, Extended Operations (ETOPS). Although ETOPS is currently 
applicable only to airplanes, the FAA anticipates that at some point a 
powered-lift could be designed with the range capability where ETOPS 
operations could be applicable, but likely not during the term of this 
SFAR. Accordingly, the FAA will not propose to amend part 135, appendix 
G, at this time or apply this regulation to powered-lift in this SFAR.
    Section 135.379(a) requires that no person operating a turbine 
engine powered large transport category airplane may take off that 
airplane at a weight greater than that listed in the Airplane Flight 
Manual. The calculation for determining that takeoff weight must 
consider the elevation of the airport and the ambient temperature 
existing at the time of takeoff. This regulation provides important 
performance criteria to ensure that operators of an aircraft consider 
the effects of altitude and temperature when determining the maximum 
allowable takeoff weight. This is an important consideration because 
aircraft performance is reduced as the altitude and the temperature is 
increased. A takeoff in any aircraft should not be attempted, including 
in powered-lift, if the weight of the aircraft is greater than that 
listed in the Aircraft Flight Manual. These computations must include 
the elevation of take-off and the ambient temperature at the time of 
takeoff, which would also be applicable to large powered-lift. Section 
135.379(b) is not applicable to powered-lift because of the date 
restrictions on certification in that paragraph.
    Section 135.379(c) sets requirements for turbine engine powered 
large transport category airplanes certificated after August 29, 1959. 
It requires that an airplane cannot takeoff at a weight greater than 
that listed in the Airplane Flight Manual and lists specific 
performance requirements, such as the takeoff run must not be greater 
than the length of the runway, accelerate-stop distances, and required 
takeoff distance. This ensures that the airplane does not require more 
distance for its takeoff run than the available runway length, that the 
airplane can stop during an aborted takeoff on either the runway or any 
available stopway, and that there are no obstacles in the flightpath 
during the initial portion of a takeoff and climb. These considerations 
would also be applicable to large powered-lift utilizing wing-borne 
lift for takeoff.
    Section 135.379(d) requires that an airplane cannot takeoff at a 
weight greater than that listed in the Airplane Flight Manual and lists 
specific performance requirements for obstacle clearance in the takeoff 
path (for airplanes certificated after August 26, 1957, but before 
October 1, 1958) and takeoff flight path (for airplanes certificated 
after September 30, 1958). This ensures that the airplane will clear 
all obstacles within the airport boundaries during takeoff operations. 
This restriction would also be applicable to large powered-lift.
    Section 135.379(e) requires certain corrections to be considered 
when determining maximum takeoff weights, minimum distances, and flight 
paths under Sec.  135.379(a) through (d). These corrections are runway 
used and gradient, airport elevation, ambient temperature, wind 
component. Additionally, some airplane flight manuals require 
corrections for wet runways, and when provided in the airplane flight 
manual, wet runways with grooved or porous friction course surfaces. 
These corrections are made to ensure that operators take all relevant 
performance factors related to takeoff operations into account to 
ensure that the airplane safely remains within its weight limitations 
for a particular takeoff. This provision would also be relevant to 
large powered-lift determining maximum takeoff weights, minimum 
distances, and flight paths and that utilize wing-borne lift for 
takeoff.
    Section 135.379(f) sets two assumptions when calculating takeoff 
performance: the airplane is not banked before reaching a height of 50 
feet, and after that the maximum bank is not more than 15 degrees. This 
ensures the airplane is operated at its maximum performance capability 
during the initial phase of takeoff and climb. This provision would 
also be applicable to powered-lift calculating takeoff performance 
using wing-borne lift.
    The FAA proposes in Sec.  194.307(ll) that paragraphs (a) and (d) 
of Sec.  135.379 apply to large powered-lift. In addition, the FAA 
proposes in Sec.  194.307(mm) that paragraphs (c), (e), and (f) of 
Sec.  135.379 apply to large powered-lift and that utilize wing-borne 
lift during takeoff and have the takeoff performance information 
contained in the aircraft flight manual. The FAA finds that the 
expected commonalities between transport category airplane and large 
powered-lift operations warrant application of these provisions to 
large powered-lift. The accelerate-stop distance set forth in Sec.  
135.379(c)(1) must either meet Sec.  25.109 or such airworthiness 
criteria as the FAA may find provides an equivalent level of safety in 
accordance with Sec.  21.17(b).
    Section 135.381(a) specifies that a person operating a turbine 
engine powered large transport category airplane must takeoff at a 
weight, allowing for normal consumption of fuel and oil, which will 
ensure that the airplane with one engine inoperative will clear all 
terrain and obstructions within its flightpath, which also includes a 
horizontal and vertical safety area. Paragraph (b) lists six 
assumptions that must be considered when computing the net flight path 
and required horizontal and vertical safety areas required by Sec.  
135.381(a)(2). Large powered-lift will conduct en-route operations 
similar to transport category airplanes and this important safety 
criteria should apply if one engine were to become inoperative thereby 
ensuring they remain clear of all terrain and obstructions within their 
flightpath, including the required horizontal and vertical safety 
areas. The FAA proposes in Sec.  194.307(nn) that this section be 
applicable to large powered-lift.
    Section 135.383(c) specifies that a person operating a turbine 
engine powered large transport category airplane on an intended route 
will ensure that the airplane is no more than 90 minutes away from an 
alternate airport, or with two engines inoperative will clear all 
terrain and obstructions within its flightpath, which also includes a 
horizontal and vertical safety area. Large powered-lift will conduct en 
route operations similar to airplanes and this important safety 
criteria should apply if two engines were to become inoperative thereby 
ensuring they remain clear of all terrain and obstructions within their 
flightpath, including the required horizontal and vertical safety 
areas. Additionally, this section contains assumptions that must be 
considered when computing the net flight path, required horizontal and 
vertical safety areas and fuel requirements, as listed in Sec.  
135.383(c)(2). Having alternate airports planned along the route is 
essential for en route operations. Therefore, the FAA proposes in Sec.  
194.307(oo) that both Sec.  135.383(c)(1) and (2) apply to large 
powered-lift.
    Section 135.385(a) stipulates that no person operating a turbine 
engine

[[Page 39061]]

powered large transport category airplane may take off at a weight that 
(allowing for normal consumption of fuel and oil in flight to the 
destination or alternate airport) if the weight of the airplane on 
arrival would exceed the landing weight as contained in the Airplane 
Flight Manual taking in consideration the elevation of the destination 
or alternate airport and the ambient temperature anticipated at the 
time of landing. This regulation establishes important pre-takeoff 
planning criteria that must consider the maximum landing weight at the 
destination or alternate airport to ensure that the airplane is at a 
weight that will allow a landing that is within the performance 
capabilities of that aircraft. This regulation does not allow a turbine 
engine powered large transport category airplane to takeoff at a weight 
that would cause it to exceed the maximum landing weight at either the 
destination or alternate airport. This section is intended to ensure an 
airplane will not arrive overweight for landing, and the subsequent 
paragraphs (b) through (f) detail what factors must be applied when 
determining the required landing distances, and these considerations 
are equally applicable to large powered-lift. Therefore, the FAA 
proposes in Sec.  194.307(pp) that paragraph (a) be applicable to large 
powered-lift.
    Section 135.385(b) specifies that in order for a person to conduct 
a takeoff in a turbine engine powered large transport category 
airplane, the airplane weight on arrival, allowing for normal 
consumption of fuel and oil, must allow a full stop landing at the 
intended destination airport within 60 percent of the effective length 
of each runway. Additionally, this paragraph provides some parameters 
that must be considered when calculating the maximum landing weight, 
such as: the airplane being landed in still air on the most favorable 
runway and in the most favorable direction, the airplane being landed 
on the most suitable runway taking into consideration the probable wind 
velocity and direction, the ground handling characteristics of the 
airplane, and considering other conditions such as landing aids and 
terrain. This rule provides for a 40 percent safety margin to help 
ensure that an airplane can safely land and prevents a person from 
attempting to operate into runways where there is no margin of error, 
which is also important for large powered-lift that utilize wing-borne 
lift during landing.
    Therefore, the FAA proposes in Sec.  194.307(qq) the paragraph (b) 
provision of 60 percent of the effective runway length be applicable to 
large powered-lift that utilize wing-borne lift during landing and have 
landing performance information in the aircraft flight manual.
    Paragraphs (c) and (e) of Sec.  135.385 provide that a 
turbopropeller- or turbojet-powered airplane, respectively, that would 
be prohibited from conducting a takeoff because it could not be landed 
on the most suitable runway considering the probable wind velocity and 
direction and the ground handling characteristics of the airplane, and 
considering other conditions such as landing aids and terrain, may 
takeoff if an alternate airport is selected. Under paragraph (c), the 
alternate airport must meet all of the requirements of Sec.  135.385, 
and under paragraph (e), the alternate airport must meet all the 
requirements of paragraph (b) of Sec.  135.385. Additionally, paragraph 
(c) allows for using 70 percent of the effective length of the runway 
at the alternate airport to determine suitability of that runway's 
length. The FAA does not have sufficient operational data regarding 
powered-lift that conduct landings that depend on wing-borne lift to 
support proposing this provision to be applied to powered-lift at this 
time. Accordingly, the FAA has determined that the most conservative 
application of this provision is appropriate and Sec.  135.385(c) will 
not apply to powered-lift.
    Notwithstanding the inapplicability of paragraph (c), the FAA 
proposes in Sec.  194.307(qq) that paragraph (e) apply to large 
powered-lift that conduct landing operations that depend on wing-borne 
lift and have that landing performance information contained in the 
aircraft flight manual.
    Section 135.385(d) requires that, unless approved and included in 
the airplane flight manual, a large transport category turbojet 
airplane must add an additional 15 percent margin onto the landing 
distance calculated per Sec.  135.385(b) when the destination may be 
wet or slippery at the estimated time of arrival. Therefore, the FAA 
proposes in Sec.  194.307(qq) that this paragraph be applicable to 
large powered-lift that utilize wing-borne lift during landing and has 
landing performance information contained in the aircraft flight 
manual.
    Section 135.385(f) provides an option to those ``eligible on-demand 
operators'' which permits an operator operating a turbine engine 
powered large transport category airplane to conduct a takeoff on an 
on-demand flight if the operation is permitted by an approved 
Destination Airport Analysis in that operator's manual and certain 
conditions are also met. Those conditions are that to determine the 
landing weight, the following are assumed: the airplane is landed on 
the most favorable runway and direction, in still air, and it is landed 
on the most suitable runway considering the probable wind velocity, 
direction, the ground handling characteristics of the airplane, and 
other conditions such as landing aids and terrain. The operator must 
also have an approved Destination Airport Analysis contained in their 
operations manual. The eligible on-demand operator calculates the 
required runway distance at 80 percent of the effective length of the 
runway. Therefore, the FAA proposes in Sec.  194.307(qq) this paragraph 
be applicable to large powered-lift that utilize wing-borne lift during 
landing and has landing performance information contained in the 
aircraft flight manual.
    Section 135.387(a) and (b) sets the requirements for the required 
length of the runway when designating an alternate airport. This 
section requires the selected alternate airport must allow the airplane 
to be brought to a full stop landing based on the weight of the 
airplane expected at the time of arrival at the alternate airport. 
Turbojet airplanes require that distance to be calculated at 60 percent 
of the effective length of the runway, turbopropeller airplanes require 
70 percent, and eligible on-demand operators require 80 percent. 
Therefore, the FAA proposes in Sec.  194.307(rr) that paragraphs (a) 
and, for eligible on-demand operators, paragraph (b), be applicable to 
large powered-lift that utilize wing-borne lift during landing and has 
landing performance information contained in the aircraft flight 
manual.
    Sections 135.389, 135.391, 135.393, and 135.397 all contain takeoff 
and landing limitations for large nontransport category airplanes. As 
described in the discussion in section IV.A., the FAA determined that 
for purposes of this proposal, regulations applicable to large 
transport category airplanes would be applicable to large powered-lift, 
because the agency has not yet established a transport category 
standard for powered-lift. Accordingly, application of these provisions 
is not necessary considering the previous discussion regarding the 
applicability of the provisions in this subpart regarding large 
transport category airplanes.
    Section 135.397(a) and (b) outline the performance requirements for 
small transport category airplanes. This section requires compliance 
with weight, takeoff, and landing limitations as contained in other 
sections of subpart I. This regulation applies to airplanes that are 
reciprocating and turbine

[[Page 39062]]

engine powered, and small, which means 12,500 pounds or less, but yet 
are still certificated to the safety standards of transport category 
certification because they have a passenger seating configuration of 
more than 19 seats. Section 135.397(a) is applicable to reciprocating 
engine powered airplanes, and the FAA has previously asserted in this 
document that the sections referenced in paragraph (a) would not be 
applicable to powered-lift. Therefore, the FAA proposes in Sec.  
194.307(ss) that only paragraph (b) be applicable for small powered-
lift that have a passenger seating configuration of more than 19 seats, 
that utilize wing-borne lift during takeoff and landing, and have 
takeoff and landing performance information contained in the aircraft 
flight manual.

E. Part 136 Rules for Powered-Lift

    Enabling powered-lift to be used in commercial air tours is an 
appropriate step in the safe integration of such aircraft. As discussed 
in section III, in the Update to Air Carrier Definitions NPRM, the FAA 
proposed expanding the definitions and applicability of part 136 to 
accommodate powered-lift and to ensure that the more stringent safety 
risk mitigations afforded in that part would apply to powered-lift that 
are anticipated to be used to conduct commercial air tours.\467\ The 
Update to Air Carrier Definitions NPRM also proposed amending 
references of ``helicopter'' to ``rotorcraft'' to ensure that the part 
136 safety standards apply to other types of aircraft that may conduct 
commercial air tours. Consequently, in this SFAR, except when referring 
to existing section titles or explaining the current regulatory text, 
the FAA uses the term ``rotorcraft'' for part 136 discussion rather 
than ``helicopters''. While the Update to Air Carrier Definitions NPRM 
proposed amendments to certain sections of part 136, to the extent that 
the proposal affects powered-lift, it is consistent with the proposed 
changes offered in this NPRM. The amendments offered in both proposals 
will be reconciled before each rule is finalized.
---------------------------------------------------------------------------

    \467\ See Update to Air Carrier Definitions NPRM, 87 FR 74995 
(Dec. 7, 2022).
---------------------------------------------------------------------------

    In this proposed SFAR, the FAA addresses the operational 
requirements within part 136. The FAA has analyzed each of the 
limitations and requirements of part 136, subpart A and Appendix A, and 
determined the requirements of part 136 that are applicable to all 
aircraft are appropriate for operations of powered-lift. Additionally, 
in Sec.  194.310 of this SFAR, the FAA proposes applying certain 
requirements of part 136 that are specific to helicopters while giving 
consideration to powered-lift that may conduct commercial air tours in 
the wing-borne flight mode to ensure clarity and address the risks 
associated with enabling the operation of commercial air tours in 
powered-lift.
1. Suitable Landing Area for Helicopters
    This proposed rule would apply the definition of the term 
``suitable landing area for helicopters,'' codified at Sec.  136.1, to 
powered-lift. The current definition states such an area is one that 
provides the operator reasonable capability to land without damage to 
equipment or injury to persons. It further provides that such areas 
must be site-specific, designated by the operator, and accepted by the 
FAA. In the Update to Air Carrier Definitions NPRM, the FAA proposed 
amending this definition to apply more broadly to rotorcraft instead of 
only helicopters to ensure those aircraft are subject to the safety 
standards of part 136. It also proposed removing reference to ``damage 
to equipment'' to instead focus on preventing ``serious injury to 
persons''.
    The FAA's purpose in applying the definition for suitable landing 
areas for rotorcraft to powered-lift is to ensure powered-lift 
operators designate potential landing areas in advance of an operation, 
as such designation reduces the risk of an accident because the PIC is 
aware of potential sites for emergency landings. Further, given the 
vertical takeoff and landing capabilities of powered-lift, they are 
capable of landing at locations that would also accommodate rotorcraft. 
The FAA expects operators conducting commercial air tours in powered-
lift to be able to designate a site-specific landing area that, when 
used, would not cause serious injury to persons.
2. Life Preservers for Over Water
    Section 136.9 requires the operator and PIC of commercial air tours 
over water beyond the shoreline to ensure each occupant is wearing a 
life preserver from before takeoff until the flight is no longer over 
water. The regulation provides relief from that requirement under the 
following circumstances as long as the operator and PIC ensure that a 
life preserver is readily available and easily accessible to each 
occupant: if the aircraft is equipped with floats; if the airplane is 
within power-off gliding distance to the shoreline for the duration of 
the time that flight is over water; or if the aircraft is a multi-
engine aircraft that can be operated with the critical engine 
inoperative at a weight that will allow it to climb, at least 50 feet a 
minute, at an altitude of 1,000 feet above the surface, as provided in 
the airplane or rotorcraft flight manual. No life preserver is required 
if the overwater operation is necessary for takeoff or landing.
    The preamble to part 136 states that life preservers discussed in 
this rule apply to both helicopters and airplanes when operating a 
commercial air tour over water.\468\ The rule also specifies when life 
preservers are required to be available and when they are required to 
be worn by all occupants. In the Update to Air Carrier Definitions 
NPRM, the FAA proposed replacing ``Airplane Flight Manual'' under Sec.  
136.9(b)(3) with ``Aircraft Flight Manual'' to provide more flexibility 
for other aircraft conducting commercial air tours. If that NPRM is 
adopted as final, this reference would also apply to a powered-lift's 
flight manual.
---------------------------------------------------------------------------

    \468\ See National Air Tour Safety Standards; Final Rule, 72 FR 
6884 (Feb. 13, 2007).
---------------------------------------------------------------------------

    The exceptions found in Sec.  136.9(b)(1), which applies to 
aircraft equipped with floats, and in paragraph (b)(3), for multiengine 
aircraft, currently apply to powered-lift because powered-lift are 
considered ``aircraft.'' The FAA proposes to also apply Sec.  
136.9(b)(2) to powered-lift. Paragraph (b)(2) would apply when a 
powered-lift is operating in the wing-borne flight mode within the 
power-off gliding distance to the shoreline. When a powered-lift is 
operating in the wing-borne flight mode, it more closely aligns with 
the performance capabilities of an airplane over water and therefore 
would have the ability to glide to shore. Therefore, the FAA proposes 
that paragraph (b)(2) apply to powered-lift, thereby excepting the 
operator and PIC of a commercial air tour over water beyond the 
shoreline from requiring each occupant to wear a life preserver as long 
as the powered-lift is within power-off gliding distance of the 
shoreline while the aircraft is over water and in wing-borne flight 
mode.
3. Helicopter Floats Over Water
    Section 136.11 currently permits single-engine helicopters in 
commercial air tours to operate over water beyond the shoreline only 
when they are equipped with fixed floats or an inflatable flotation 
system adequate to accomplish a safe emergency ditching. Similarly, 
multiengine helicopters that cannot be operated with the critical 
engine inoperative at a weight that will allow it to climb at least 50 
feet a minute at an altitude of 1,000 feet above the surface with an 
engine inoperative as provided in the Rotorcraft Flight Manual (RFM) 
also must be equipped

[[Page 39063]]

with fixed floats or an inflatable flotation system. Those helicopters 
that are equipped with flotation systems must have an activation switch 
for the flotation system on one of the primary flight controls and the 
system must be armed when the helicopter is over water and flying at a 
speed that does not exceed the maximum speed prescribed in the RFM. 
These requirements, however, do not apply to operations over water 
during the takeoff and landing portions of flight or to operations 
within the power-off gliding distance to the shoreline for the duration 
of the flight provided each occupant is wearing a life preserver from 
before takeoff until the aircraft is no longer over water. In the 
Update to Air Carrier Definitions NPRM, the FAA proposed expanding 
Sec.  136.11 to rotorcraft and referencing ``aircraft flight manual'' 
instead of ``Rotorcraft Flight Manual.'' In addition, the FAA proposed 
clarifying in paragraph (b)(2) that the flotation system must be armed 
when the rotorcraft is over water ``beyond the shoreline'' and proposed 
removing paragraph (d) because the lead-time date of September 5, 2008, 
is no longer relevant.
    Extending the aforementioned requirements of Sec.  136.11 to 
commercial air tour operations using powered-lift when the aircraft is 
operating in the vertical-lift flight mode under part 136 would 
mitigate the risks associated with emergency water landings. Therefore, 
Sec.  136.11(a)(2), (b), and (c) apply to powered-lift. Section 
136.11(a)(1) would not apply to powered-lift because, as stated 
earlier, all powered-lift coming to market are currently multiengine, 
not single-engine.\469\ In addition, since the FAA anticipates powered-
lift may be designed to either auto-rotate or glide, the FAA proposes 
to apply this regulation to powered-lift that are conducting air tour 
operations in the vertical-lift flight mode beyond the auto-rotational 
distance or gliding distance from the shoreline. While these terms may 
not seem appropriate for all powered-lift, the intent is to capture 
engine out safe landing distances. This will ensure the power off 
landing capabilities of powered-lift, regardless if they auto-rotate or 
glide, are covered by the regulation. The FAA determined the risks that 
are present in rotorcraft commercial air tours would be similar to 
powered-lift operating in the vertical-lift flight mode. In this 
regard, powered-lift can create lift in the same manner as rotorcraft, 
and the FAA expects they could be capable of performing a stationary 
hover in or out of ground effect. Moreover, when conducting air tour 
operations, powered-lift will likely be used in a manner similar to 
rotorcraft. Because powered-lift and rotorcraft may have similar flight 
profiles in air tour operations, they share common risks during those 
operations. The risks that arise with losing power in an aircraft 
during air tour operations over water are serious. As a result, 
flotation equipment is an appropriate requirement to mitigate these 
risks.
---------------------------------------------------------------------------

    \469\ See section VI.A for discussion regarding multiengine 
powered-lift.
---------------------------------------------------------------------------

    In regard to the above-mentioned justification and to increase the 
occupants' chances of survival in the event of an unplanned landing 
over water, the FAA is proposing to apply this requirement to powered-
lift operations that occur under part 136 when operating in the 
vertical-lift flight mode.
4. Helicopter Performance Plans and Operations
    This proposed rule would apply Sec.  136.13 to powered-lift. 
Section 136.13(a) currently requires commercial air tour operators to 
complete helicopter performance plans before each operation that will 
occur under part 136.\470\ The PIC of the operation must review the 
plan for accuracy and comply with it for each flight. Such performance 
plans are a key component of mitigating the risk of commercial air tour 
operations, as they require the PIC to be prepared to respond to 
unforeseen events. In the Update to Air Carrier Definitions NPRM, the 
FAA proposed replacing ``helicopter'' with ``rotorcraft'' and 
``Rotorcraft Flight Manual'' with ``aircraft flight manual'' to broaden 
the scope of the regulation.
---------------------------------------------------------------------------

    \470\ This requirement also applies to operations that occur 
under Sec. Sec.  91.146 (``Passenger-carrying flights for the 
benefit of a charitable, non-profit, or community event'') and 
91.147 (``Passenger carrying flights for compensation or hire'').
---------------------------------------------------------------------------

    The FAA promulgated the requirement for performance plans in 2007 
based on the need for operators to conduct preflight planning and for 
pilots to have operational knowledge that is essential to the aircraft 
being flown in commercial, passenger-carrying operations. In 
particular, the FAA emphasized the importance of the height/velocity 
(H/V) diagram component of performance plans.\471\ This same rationale 
could apply to commercial air tours that occur in powered-lift that 
have height velocity information or performance criteria with avoidance 
areas related to the transitions that occur between the vertical-lift 
and wing-borne mode. The FAA realizes that some powered-lift may only 
contain height-velocity or flight mode transition information, whereas 
some may contain both types of information in their aircraft flight 
manual. Operators will likely take advantage of the vertical takeoff, 
out of ground effect hovering capabilities, and out of ground effect 
slow flight capabilities of powered-lift at speeds that do not exceed 
effective translational lift airspeed when conducting operations under 
part 136.
---------------------------------------------------------------------------

    \471\ National Air Tour Safety Standards, Final Rule, 72 FR 6884 
(Feb. 13, 2007).
---------------------------------------------------------------------------

    In the 2007 National Air Tour Safety Standards rule, the FAA stated 
that extended operation within the ``avoid'' portion of the height/
velocity diagram increases the exposure to the risk of not being able 
to execute successfully an autorotation landing in the event of an 
engine failure, or in the case of multiengine helicopters, a safe one-
engine inoperative landing. Therefore, aviation safety requires that 
commercial air tour operators not only plan, but also operate in 
accordance with the performance plan.\472\ As a result, operators 
should be aware of H/V diagrams or engine out performance capability as 
applicable to their aircraft. Such awareness and planning are essential 
in reducing the risk of accidents.
---------------------------------------------------------------------------

    \472\ National Air Tour Safety Standards; Final Rule, 72 FR 6883 
at 6912 (Feb. 13, 2007).
---------------------------------------------------------------------------

    Consequently, the FAA proposes to apply Sec.  136.13 to powered-
lift in order to provide an equivalent level of safety for commercial 
air tour operators and PICs using powered-lift to conduct commercial 
air tours or to conduct operations under Sec.  91.146 or Sec.  91.147.
5. Commercial Air Tours in Hawaii
    This rule would also apply operating provisions contained in 
appendix A to part 136--Special Operating Rules for Air Tour Operators 
in the State of Hawaii--to powered-lift operations. The safety 
standards in part 136 are specific to commercial air tours and provide 
additional risk mitigations for those operations. As stated in the 
National Air Tour Safety Standards final rule, the FAA determined that 
minimum, mandatory safety standards directly relate to a decrease in 
the occurrence of accidents.\473\ Therefore, in the Update to Air 
Carrier Definitions NPRM, the FAA replaced references to ``helicopter'' 
with ``rotorcraft'' in appendix A to expand the scope of applicability 
and to ensure air tour operations would not pose additional safety 
risks, and it also amended the applicability of appendix A to include 
powered-lift. The NPRM

[[Page 39064]]

also proposed to amend the references to RFMs currently within section 
4 of the appendix to instead read ``aircraft flight manual'' in the 
regulatory text. Subjecting powered-lift to these safety standards is 
appropriate for the same reasons.
---------------------------------------------------------------------------

    \473\ Id. at 6889.
---------------------------------------------------------------------------

    Appendix A previously existed as SFAR No. 71.\474\ In 2007, when 
the FAA last amended part 136, the FAA explained that many air tour 
operations occur in Hawaii and the Grand Canyon, and that the rules of 
SFAR No. 71 had improved safety.\475\ The FAA explained that more 
restrictive altitude standards apply to air tours in Hawaii because a 
large number of commercial air tour flights occur ``in a relatively 
small amount of airspace'' and other demonstrated hazards exist.\476\ 
As one commenter noted, many Hawaiian operations occur over large 
bodies of water and water conditions in Hawaii are ``rough, unlike the 
conditions in other parts of the country'' in which operators conduct 
air tours.\477\ The appendix A requirements are equally important for 
air tour operations in aircraft other than helicopters. The FAA's 
rationale for extending the requirements and provisions of appendix A 
to powered-lift remains consistent with the rationale the FAA expressed 
in its 2007 rule. Enabling powered-lift to be used in commercial air 
tours is an appropriate step in the safe integration of such aircraft.
---------------------------------------------------------------------------

    \474\ Air Tour Operators in the State of Hawaii, 59 FR 49138 
(Sep. 26, 1994).
    \475\ National Air Tour Safety Standards; Final Rule, 72 FR 6883 
at 6889 (Feb. 13, 2007), acknowledging that while multiple reasons 
existed for the accident rate improvement in Hawaii and other parts 
of the country, the provisions of SFAR No. 71 had a positive impact 
on safety.
    \476\ Id. at 6891.
    \477\ Id. at 6903.
---------------------------------------------------------------------------

    Section 1 of appendix A (``Applicability'') currently states, 
``This appendix prescribes operating rules for airplane and helicopter 
visual flight rules air tour flights conducted in the State of Hawaii 
under 14 CFR parts 91, 121, and 135.'' \478\ The appendix also defines 
air tour as ``any sightseeing flight conducted under visual flight 
rules in an airplane or helicopter for compensation or hire.'' \479\ 
The Update to Air Carrier Definitions NPRM \480\ addressed section 1 of 
appendix A. In the Update to Air Carrier Definitions NPRM, the FAA 
determined the existing criteria and requirements of appendix A, 
section 1, are appropriate to apply to powered-lift. The NPRM also 
addressed the definitions in section 2 by expanding ``air tour'' to 
include sightseeing flights conducted under VFR in a powered-lift.
---------------------------------------------------------------------------

    \478\ The section includes a paragraph that specifically 
excludes from its applicability ``[f]lights conducted in gliders or 
hot air balloons.'' 14 CFR part 136, appendix A, section 1(b).
    \479\ Id. section 2.
    \480\ Update to Air Carrier Definitions, NPRM, 87 FR 74995 (Dec. 
7, 2022).
---------------------------------------------------------------------------

    In this SFAR, the FAA also proposes applying section 3 to powered-
lift. Subject to two exceptions, section 3 of appendix A currently 
requires flotation equipment for air tour operations that occur in 
Hawaii in single-engine helicopters beyond the shore of any island, 
regardless of whether the helicopter is within auto-rotational distance 
\481\ of the shore. Each person onboard the helicopter must wear 
approved flotation gear. This requirement, however, does not apply to 
helicopters that are amphibious or that are equipped with floats 
adequate to accomplish a safe emergency ditching and when the approved 
flotation gear is easily accessible for each occupant. Section 3 also 
does not apply if each person onboard is wearing approved flotation 
gear. This proposed rule would extend this requirement to apply to 
operations that occur in powered-lift. Applying the requirement for 
flotation equipment would increase the likelihood of surviving in the 
event of a water landing. These requirements were created specifically 
for Hawaii due to the rugged terrain. Extending this requirement to all 
powered-lift operators conducting air tours in Hawaii beyond the shore 
of any island is appropriate because powered-lift will likely operate 
in a manner that is similar to rotorcraft when conducting air tour 
operations in Hawaii.
---------------------------------------------------------------------------

    \481\ In general, autorotational distance is the horizontal 
distance a rotorcraft can maneuver laterally, while descending 
without power. See 14 CFR 1.1 (definition of ``autorotation''). 
Factors affecting this distance include: initial altitude above the 
surface, density altitude, winds, auto-rotation entry airspeed, 
horizontal airspeed, rotor pitch, aircraft weight, and rotor design.
---------------------------------------------------------------------------

    This proposed rule would apply section 4 of the appendix--the 
requirement for performance plans--to powered-lift. Section 4 currently 
applies only to operators of helicopters and requires operators to 
complete performance plans based on information in the RFM, considering 
the maximum density altitude for which the operation is planned for the 
flight. As discussed above with the requirement of Sec.  136.13, the 
performance plan must consider all those criteria outlined in 
paragraphs (a) through (c). Applying this performance plan requirement 
to operators of powered-lift conducting air tours in Hawaii would 
ensure the operator conducting the operation is aware of the necessary 
information concerning the aircraft and the intended operation. This 
requirement is an appropriate risk mitigation measure for powered-lift 
because the FAA anticipates powered-lift will generally operate in a 
manner consistent with how rotorcraft operate when conducting air tours 
in Hawaii. Environmental conditions relevant to the altitude and 
temperature of the operation are critical considerations in ensuring 
safety of flight because both affect the performance of the aircraft. 
Operators' performance plans would ensure operators' awareness of how 
conditions could affect the flight; as a result, operators will be in a 
position to make appropriate contingency plans and make suitable 
decisions should they encounter hazards during an air tour operation.
    Similarly, the FAA proposes that the operating limitations of 
section 5 of part 136, appendix A (Helicopter Operating Limitations), 
apply to powered-lift. Section 5 requires the PIC to operate at a 
combination of height and forward speed that would permit a safe 
landing in the event of engine power loss in accordance with the 
height-speed envelope under current weight and aircraft altitude. The 
FAA proposes applying section 5 to powered-lift conducting commercial 
air tours that have height velocity information contained within their 
aircraft flight manuals. Applying such requirements to powered-lift is 
appropriate because operations conducted under appendix A in powered-
lift will likely occur in a manner that is similar to operations 
presently conducted in rotorcraft. In this regard, the FAA expects 
powered-lift will hover and have other operating characteristics 
similar to rotorcraft when conducting air tours. This section, in 
particular, is important because engine power loss could have 
detrimental consequences; as a result, powered-lift may require quick 
landings in response to engine failures. An appropriate means of 
mitigating the risk associated with an engine power loss is to require 
the PIC to operate the aircraft in a manner that permits the PIC to 
land safely. Such aspects are unique to the type of aircraft and the 
circumstances of the operation. As a result, the FAA determined the 
proposed inclusion of powered-lift in this requirement would be a 
suitable risk mitigation measure.
    Part 136, appendix A, section 6, Minimum flight altitudes, and 
section 7, Passenger briefing, currently apply in general terms to air 
tour flights in Hawaii and do not specify the type of aircraft used for 
such flights. Therefore, amending these sections to apply to additional 
types of aircraft is not necessary; the minimum flight altitudes

[[Page 39065]]

and passenger briefing requirements would apply to all air tour flights 
in Hawaii, regardless of the aircraft used in such flights.\482\
---------------------------------------------------------------------------

    \482\ In the FAA's National Air Tour Safety Standards rule, the 
FAA emphasized the importance of passenger briefings for overwater 
operations. Id. at 6902. The FAA cited a 1999 report from the 
Department of Transportation's Office of Inspector General, 
Oversight of the Air Tour Industry, Report No. AV-1999-099 (May 28, 
1999), available at https://www.oig.dot.gov/library-item/30819. That 
report cites one air tour accident flight that occurred in Hawaii, 
in which three fatalities resulted when occupants were not able to 
use life preservers that were located in their containers beneath 
each seat. Ensuring aircraft remain at minimum safe altitudes 
provides an additional safety margin for dealing with in-flight 
emergencies; as the FAA stated in National Air Tour Safety 
Standards, the FAA imposes more restrictive altitude standards for 
air tours in Hawaii due to the large volume of commercial air tour 
flights in a relatively small amount of airspace.
---------------------------------------------------------------------------

F. Part 43 Applicability to Powered-Lift

    Part 43 prescribes rules governing the maintenance, preventive 
maintenance, rebuilding, and alteration of any aircraft having a U.S. 
airworthiness certificate; foreign-registered civil aircraft used in 
common carriage or carriage of mail under the provisions of part 121 or 
135; and airframe, aircraft engines, propellers, appliances, and 
component parts of such aircraft.\483\ As discussed previously, the 
regulations under title 14 of the Code of Federal Regulations that 
reference ``aircraft'' currently apply to powered-lift. Sections 43.2, 
43.5, 43.10, 43.11, 43.12, 43.13, and 43.17 and appendix F to part 43 
all apply to ``aircraft'', and, accordingly, to powered-lift.
---------------------------------------------------------------------------

    \483\ 14 CFR 43.1.
---------------------------------------------------------------------------

    Sections 43.1, 43.3, 43.7, 43.9, and 43.15 and appendices A, B, D, 
and E to part 43 all refer to aircraft, which include powered-lift, but 
some paragraphs within these sections are specific to airplane, 
rotorcraft, propellers, and helicopter, which the FAA reviewed to 
determine which of those regulations would also be appropriate to apply 
to powered-lift. The FAA determined that it would be appropriate to 
apply Sec. Sec.  43.3(h) and 43.15(b) to powered-lift as described in 
the paragraphs that follow.
    Section 43.3(h) states that the Administrator may approve a part 
119 certificate holder, operating rotorcraft in a remote area under 
part 135, to allow a pilot to perform specific preventive maintenance 
items, under certain limitations, when no certificated mechanic is 
available and an unscheduled malfunction occurs. The preamble for this 
rule indicated that a part 119 certificate holder that operates 
rotorcraft in remote sites under part 135 can allow an appropriately 
trained and authorized pilot to perform preventive maintenance as 
defined in Sec.  1.1 and as listed in appendix A to part 43.\484\ The 
FAA expects a pilot who is trained under the requirements of Sec.  
43.3(h) would provide the same level of competency as a certificated 
mechanic when performing the authorized preventive maintenance 
function.\485\ The pilot, who is required to complete an approved 
training program, performs the specific preventive maintenance items 
under the direct control of the certificate holder's preventive 
maintenance program. Some powered-lift may operate in remote areas and 
would consequently experience the same challenges that exist for 
rotorcraft when an unscheduled malfunction occurs. Therefore, the FAA 
proposes in Sec.  194.402 that the preventive maintenance protocols 
outlined in Sec.  43.3(h) also apply to certificate holders under part 
135 operating powered-lift in remote areas.
---------------------------------------------------------------------------

    \484\ See Rotorcraft Regulatory Review Program Amendment No. 5; 
Operations and Maintenance, 51 FR 40692 at 40702 (Nov. 7, 1986).
    \485\ See Rotorcraft Regulatory Review Program Amendment No. 5; 
Operations and Maintenance, 51 FR 40692 (Nov. 7, 1986).
---------------------------------------------------------------------------

    In addition to Sec.  43.3(h), Sec.  43.15(b) requires the person 
performing an inspection required by part 91 on a rotorcraft to inspect 
certain aircraft system(s) in accordance with the manufacturer's 
maintenance manual or Instructions for Continued Airworthiness. The 
systems listed under Sec.  43.15(b) are generally considered systems 
comprised of ``critical parts'' as defined in Sec. Sec.  27.602 and 
29.602.\486\ The FAA proposes applying Sec.  43.15(b) to persons 
performing an inspection required by part 91 on a powered-lift. Those 
parts that the powered-lift manufacturer has identified as ``critical 
parts'' used for flight will be a required inspection item and will be 
identified and listed in the aircraft manufacturer's maintenance 
manual. Powered-lift are new entrant aircraft, and as a result, the FAA 
does not have the information to know all the systems on any given 
powered-lift that may be considered a critical part. In determining 
critical parts, the manufacturer must consider a flight safety-critical 
aircraft part list which, if nonconforming, missing, or degraded, could 
cause a catastrophic failure resulting in loss of, or serious damage 
to, the aircraft or an uncommanded engine shutdown resulting in an 
unsafe condition. The characteristic can be critical in terms of 
dimension, tolerance, finish, or material; an assembly, manufacturing, 
or inspection process; or an operation, maintenance, or overhaul 
requirement. Examples of critical part(s) may include a multi-computer 
aircraft system with a high level of automation in order to aviate, 
navigate, or communicate or integrated flight control/navigation 
systems with advanced fly-by-wire flight control system that utilizes 
electronically operated controls with no direct mechanical link from 
the pilot to the control surfaces. For powered-lift with critical 
parts, a type design must include a critical parts list and define the 
critical design characteristics, identify processes that affect those 
characteristics, and identify the design change and process change 
controls necessary for showing compliance with the quality assurance 
requirements of part 21. Consequently, the FAA proposes to apply Sec.  
43.15(b) to persons performing an inspection required by part 91 on 
powered-lift ``critical parts'', as outlined in the aircraft 
manufacturer's maintenance manual or that the FAA otherwise deems 
appropriate, in order to provide an equivalent level of safety to those 
aircraft. The FAA invites comments to understand the types of systems 
and critical parts expected to comprise powered-lift.
---------------------------------------------------------------------------

    \486\ Sections 27.602 and 29.602 define a ``critical part'' as 
``a part, the failure of which could have a catastrophic effect upon 
the rotorcraft, and for which critical characteristics have been 
identified which must be controlled to ensure the required level of 
integrity.'' The procedures referenced in Sec. Sec.  27.602(b) and 
29.602(b) will be addressed during the Sec.  21.17(b) certification 
process.
---------------------------------------------------------------------------

    Additionally, the FAA will evaluate the existing airman 
certification testing standards under part 65 for mechanics and 
repairmen to determine if any revisions to those standards are 
necessary to incorporate powered-lift and, if any updates are 
necessary, promulgate those updates to correspond with the issuance of 
the final rule.

G. Pilot Records Database

    Part 111 prescribes rules governing the use of the Pilot Records 
Database (PRD). The PRD facilitates the sharing of pilot records among 
air carriers and other operators in an electronic data system managed 
by the FAA.\487\ Part 111 requires air carriers, specific operators 
holding out to the public, entities conducting public aircraft 
operations, air tour operators, fractional ownerships, and corporate 
flight departments to enter relevant data on individuals employed as 
pilots into the PRD. The PRD is intended to help maintain records about 
a pilot's performance with previous employers that could influence a 
future employer's

[[Page 39066]]

hiring decision.\488\ Section 111.1 outlines part 111 applicability. 
Specifically, Sec.  111.1(b)(4) introductory text states that part 111 
applies to an operator that operates two or more aircraft described in 
paragraphs (b)(4)(i) and (ii), solely pursuant to the general operating 
rules in part 91, or that operates aircraft pursuant to a Letter of 
Deviation Authority issued under Sec.  125.3. Paragraphs (b)(4)(i) and 
(ii) apply to standard airworthiness airplanes that require a type 
rating under Sec.  61.31(a) and turbine-powered rotorcraft, 
respectively. The FAA refers to the operators outlined under Sec.  
111.1(b)(4) as ``corporate flight departments.'' \489\
---------------------------------------------------------------------------

    \487\ See Pilot Records Database, 86 FR 31006 (Jun. 10, 2021).
    \488\ Id.
    \489\ Id.
---------------------------------------------------------------------------

    The FAA proposes to require reporting by corporate flight 
departments that operate large powered-lift pursuant to the general 
operating and flight rules in part 91 or pursuant to a Letter of 
Deviation Authority issued under Sec.  125.3. Section 111.1(b)(4)(i) 
applies to airplanes that require a type rating under Sec.  61.31(a) 
(or similar in the case of paragraph (b)(4)(ii) for turbine-powered 
rotorcraft). Currently, a large powered-lift requires a type rating 
under Sec.  61.31(a)(1) \490\ and is therefore similar to the airplanes 
that require a type rating under Sec.  111.1(b)(4)(i). In addition, the 
FAA expects that pilots of large powered-lift may go on to work for an 
air carrier in the future. Reporting these pilot records would be 
relevant to a future hiring air carrier. Therefore, the FAA proposes 
permanently amending Sec.  111.1(b)(4) to include a new paragraph 
(b)(4)(iii) that applies to large powered-lift. This proposal aligns 
with the current requirements and intent of Sec.  111.1(b)(4) and the 
type rating requirements under Sec.  61.31(a).
---------------------------------------------------------------------------

    \490\ Section 61.31(a)(1) states that a person who acts as a PIC 
of any ``large aircraft (except lighter-than-air)'' must hold a type 
rating for that aircraft. Because powered-lift are considered 
``aircraft'', this requirement currently applies to large powered-
lift.
---------------------------------------------------------------------------

VII. Air Traffic Operations

    The FAA will leverage its existing standards and procedures used 
today for aircraft for powered lift air traffic operations. The FAA 
develops air traffic standards and procedures including those governing 
the separation of aircraft by ATC. Air traffic services are 
administered for the purpose of ensuring the safe, orderly, and 
expeditious flow of air traffic. The standards and procedures may 
differ based upon factors such as the classification of airspace and 
aircraft. Currently, there are separation standards that apply 
differently to certain aircraft. The FAA is in the process of 
identifying and implementing any necessary updates to the existing 
separation standards that capture powered lift operations.
    The air traffic separation standards are contained in Air Traffic 
Order (JO) 7110.65, Air Traffic Control. Currently, the Order 
explicitly addresses separation standards and procedures for how ATC 
handles ``aircraft'' and provides alternative handling procedures for 
aircraft classified as a ``helicopter''. JO 7360.1, Aircraft Type 
Designators, provides standard abbreviations (aircraft type 
designators) for the most common aircraft that are provided with air 
traffic services. JO 7360.1 identifies those aircraft considered to be 
helicopters for the purpose of applying ATC procedures as per JO 
7110.65. The FAA is considering the need to update how the JO 7110.65 
procedures may need to be amended to accommodate new or differing 
aircraft types certified as powered-lift.
    The Air Traffic Organization (ATO) is working closely with their 
partners in Aviation Safety (AVS) to update the standards and 
procedures contained in JO 7110.65 to address those aircraft certified 
as powered lift to ensure that they can operate safely and efficiently 
in the NAS. Aircraft are currently separated by classification (Weight) 
and categorization (Wake). Another factor is the distance the aircraft 
are from the surveillance radar antenna source that is interrogating 
the aircraft. Although aircraft manufacturers provide the FAA with data 
to make initial determinations, the Office of NextGen performs an 
analysis of the data along with AVS to establish wake separation 
standards. The ATO continuously monitors NAS operations and event data 
to ensure these standards are not adversely affecting safety of NAS 
operations.
    While the ATO takes the necessary steps to update the standards and 
procedures for powered lift aircraft, the standards and procedures 
which apply to aircraft, which is defined in Sec.  1.1 as a device that 
is used or intended to be used for flight in the air, continue to apply 
to powered-lift.
    The ATO stood up a FAA crossline of business team that routinely 
meets, in part, to exchange information, identify gaps in knowledge and 
identify potential solutions, and conduct a review of the existing 
separation standards to make recommendations and support the 
integration of powered-lift. The team plans to consider information 
such as aircraft maneuverability and other performance characteristics 
when discussing whether updates are needed to better account for any 
performance unique to powered-lift. The team's goal is to accomplish 
the necessary initial updates prior to powered-lift entering into 
commercial service.
    As the recommendations are developed, the Office of Primary 
Responsibility or designated representatives will coordinate the 
recommendations for review and clearance as appropriate. During the 
review process, the Office of Safety and Technical Training may 
determine that a Safety Risk Management panel is necessary due to the 
impact of the recommended changes on the NAS.
    While the powered-lift SFAR will fully enable powered-lift 
operations, the FAA will continue to review and evolve the rules and 
procedures as powered-lift performance and operational tempo evolve 
over time. Updates to JO 7110.65 will enable powered-lift operations by 
accounting for them in existing procedures and standards, while also 
establishing new procedures for their unique VTOL performance 
capabilities. The FAA acknowledges that the safety and efficiency of 
these operations is critical in ensuring the success of the industry.

VIII. International Operations for Powered-Lift

    The FAA's policy is to meet the U.S. obligations under the 
Convention on International Civil Aviation (``Chicago Convention'') by 
conforming to the International Civil Aviation Organization (ICAO) 
Standards and Recommended Practices (SARPs) to the maximum extent 
practicable. ICAO annexes contain the international SARPs for safety, 
regulation, and efficiency of air navigation. The Chicago Convention 
ensures that certificates of airworthiness, certificates of competency, 
and licenses are recognized by other Member States as long as the 
issuing States meet the minimum ICAO standards. The Member States' 
Civil Aviation Authorities each integrate the ICAO SARPs into their 
national legal frameworks and practices and are responsible for 
regulatory oversight.

A. Personnel Licensing

    Part 61 prescribes the requirements for the issuance of pilot, 
flight instructor, and ground instructor certificates, as well as the 
privileges and limitations of such. ICAO Annex 1 provides the SARPs for 
personnel licensing, including those for pilot and

[[Page 39067]]

instructor licensing for powered-lift.\491\ Absent the establishment of 
classes, the ICAO Annex 1 SARPs dictate \492\ that pilots and flight 
instructors must hold a powered-lift type rating for the powered-lift 
they operate when conducting international operations.\493\ As 
discussed in section V.A of this preamble, the FAA proposes in this 
SFAR that, because each powered-lift may have complicated and 
distinctive operating equipment and characteristics, it is not feasible 
at this time to establish classes within the powered-lift category. If 
the FAA were to generalize the training requirements based on the 
classification of powered-lift, the training requirements would not 
sufficiently address the unique characteristics of each powered-lift 
that require specific powered-lift training and testing to determine 
pilot competency in flying the aircraft. Instead, the FAA proposes that 
pilots must hold a type rating to serve as PIC for each type of 
powered-lift. Therefore, the FAA's proposal complies with the standard 
dictated in ICAO Annex 1.
---------------------------------------------------------------------------

    \491\ Annex 1 to the Convention on the International Civil 
Aviation, Personnel Licensing, General rules concerning licenses, 
1.2 (Jul. 2022).
    \492\ Annex 1 defines Standards, in pertinent part, as 
specifications that are recognized a necessary for the safety or 
regularity of international air navigation and to which Contracting 
States will conform in accordance with the Convention.
    \493\ Annex 1 to the Convention on the International Civil 
Aviation, Personnel Licensing, Circumstances in which class and type 
ratings are required, section 2.1.1.4 (Jul. 2022).
---------------------------------------------------------------------------

    ICAO also sets forth recommendations \494\ for the issuance of a 
powered-lift category rating on a private pilot license, commercial 
pilot license, and ATP license.\495\ Specifically, these provide 
recommended flight hours of experience, including solo flight time, 
cross-country flight time, and night flight time, as applicable; and 
flight instruction time, including areas of operational experience. 
Additionally, these recommendations encourage a licensing authority to 
determine whether experience as a pilot in other categories of aircraft 
or under instruction in an FSTD are acceptable in obtaining a powered-
lift category rating. The FAA acknowledges these recommendations and 
has proposed regulations in this SFAR, as explained in this preamble, 
that the FAA has determined will ensure a sufficient level of safety, 
while considering such recommendations. Should these ICAO 
recommendations become standards in the future, the FAA will undertake 
measures to align with ICAO standards as a Member State as practicable.
---------------------------------------------------------------------------

    \494\ Annex 1 defines Recommended Practices, in pertinent part, 
as any specification of which the uniform application is recognized 
as desirable in the interest of safety, regularity, or efficiency of 
international air navigation, and to which Contracting States will 
endeavor to conform in accordance with the Convention.
    \495\ Annex 1, sections 2.3.5, 2.4.5, 2.6.5.
---------------------------------------------------------------------------

    The FAA also notes that ICAO sets forth recommended transitional 
measures to ensure Member States have adequate time to implement pilot 
licensing requirements for powered-lift. Specifically, in the 
transitional measures, section 2.1.1.4 states that a licensing 
authority may endorse a type rating for a powered-lift category on an 
existing airplane or helicopter pilot license (i.e., certificate). 
Should a licensing authority implement this endorsement, the 
endorsement must indicate the aircraft is part of the powered-lift 
category and must result from training during a course of approved 
training. Additionally, the training must consider previous experience 
in an airplane or helicopter, as appropriate, and incorporate all 
relevant operational aspects of a powered-lift. The FAA is not 
implementing this permissive transitional measure; rather, through this 
SFAR, the FAA is facilitating alternative measures for a pilot to 
directly receive a powered-lift category rating and a powered-lift type 
rating instead of adding an endorsement for the type rating to an 
existing airplane or helicopter certificate. However, as discussed in 
this preamble, these alternative measures to receive a powered-lift 
category and type rating would be completed during a course of approved 
training (i.e., part 135, 141, or 142) and would take previous 
experience of an applicant in an airplane or helicopter into account, 
as appropriate.\496\
---------------------------------------------------------------------------

    \496\ For more information on how the FAA will consider previous 
aeronautical experience for powered-lift pilots, see section V.A.
---------------------------------------------------------------------------

B. Operations of Aircraft

    Under the Chicago Convention, flights operating in international 
airspace over the high seas must also follow the international 
standards set forth in ICAO Annex 2.\497\ ICAO Annex 2 contains the 
standards applicable to the flight and maneuver of civil aircraft 
operating over the high seas and over national territories to the 
extent that they do not conflict with the rules of the State over which 
they are flying.\498\ ICAO Annex 2 was incorporated by reference into 
Sec.  91.703, effective August 18, 1990,\499\ and is also cited in 
Sec.  135.3.
---------------------------------------------------------------------------

    \497\ Incorporation by Reference (IBR) of ICAO and Annex 
(Updates Existing IBR; Removal of North Atlantic (NAT) Minimum 
Navigation Performance Specifications (MNPS).
    \498\ Id.
    \499\ Revision of General Operating and Flight Rules, 54 FR 
34320 (Aug. 18, 1989).
---------------------------------------------------------------------------

    U.S. operators intending to operate powered-lift over the high seas 
must comply with the applicable requirements of ICAO Annex 2. While in 
foreign airspace, operators must follow the rules and regulations of 
those countries as specified in Sec.  91.703 or Sec.  135.3 and ICAO 
Annex 2. Though Annex 2 is silent on powered-lift, its standards are 
applicable to ``aircraft.'' Annex 2 defines aircraft as ``any machine 
that can derive support in the atmosphere from the reactions of the air 
other than the reactions of the air against the earth's surface.'' 
\500\ Given Annex 2's general application to aircraft, U.S. operators 
would be able to conduct their operations over the high seas so long as 
the PIC is operating in accordance with the Rules of the Air in Annex 
2. However, U.S. air carriers seeking to operate powered-lift in 
foreign airspace must follow the rules and regulations of those states.
---------------------------------------------------------------------------

    \500\ Annex 2 to the Convention on International Civil Aviation, 
Rules of the Air, Definitions, 1-2 (Jul. 2005).
---------------------------------------------------------------------------

    Section 129.5(b) of title 14 requires foreign air carriers 
conducting operations in the U.S. to conduct their operations in 
accordance with the Standards in Annex 1 (Personnel Licensing); Annex 6 
(Operation of Aircraft); part I (International Commercial Air 
Transport--Aeroplanes) or part III (International Operations--
Helicopters), as appropriate; and in accordance with Annex 8 
(Airworthiness of Aircraft) to the Convention on International Civil 
Aviation. To ensure an adequate level of safety for part 129 operators, 
the FAA issues operations specifications to identify restrictions, 
limitations, and U.S. airspace requirements, including navigation 
differences. Annex 6 currently does not contain standards for powered-
lift operations, consequently restricting the FAA's ability to propose 
any changes to part 129 for foreign air carriers seeking to operate in 
the U.S.\501\
---------------------------------------------------------------------------

    \501\ Operations specifications, 14 CFR 129.5(b).
---------------------------------------------------------------------------

C. Airworthiness of Aircraft

    Annex 8 does not address powered-lift airworthiness standards. 
Because ICAO has declared Annex 8 as constituting the minimum standards 
for the purpose of Article 33 of the Chicago Convention, it is not 
clear whether the lack of ICAO standards would result in States not 
recognizing another State's airworthiness certificate for a powered-
lift since no minimum international standards have been established. No

[[Page 39068]]

revision of ICAO Annex 8 design standards for powered-lift has been 
initiated by ICAO. ICAO Document 10103, Guidance on the Implementation 
of ICAO Standards and Recommended Practices for Tilt-rotors, sets forth 
basic guidance relative to large turbine-powered tilt-rotors (a kind of 
powered-lift); however, this document does not address electric-powered 
tilt-rotors or other types of powered-lift.
    Under Sec.  21.17(b), the FAA designates powered-lift as special 
class aircraft for type certification and applies airworthiness 
criteria that meet an equivalent level of safety to the existing 
airworthiness standards.\502\ In addition, these special class aircraft 
are eligible for a standard airworthiness certificate under Sec.  
21.183. As such, the FAA intends to apply airworthiness criteria for 
powered-lift under Sec.  21.17(b) that comply with the intent of ICAO 
Annex 8 to the Chicago Convention since design standards for these 
aircraft have not yet been developed.
---------------------------------------------------------------------------

    \502\ For more information on the certification of powered-lift, 
see section IV.A.
---------------------------------------------------------------------------

IX. Regulatory Notices and Analyses

    Federal agencies consider impacts of regulatory actions under a 
variety of executive orders and other requirements. First, Executive 
Order 12866 and Executive Order 13563, as amended by Executive Order 
14094 (``Modernizing Regulatory Review'') direct that each Federal 
agency shall propose or adopt a regulation only upon a reasoned 
determination that the benefits of the intended regulation justify the 
costs. Second, the Regulatory Flexibility Act of 1980 (Pub. L. 96-354) 
requires agencies to analyze the economic impact of regulatory changes 
on small entities. Third, the Trade Agreements Act (Pub. L. 96-39) 
prohibits agencies from setting standards that create unnecessary 
obstacles to the foreign commerce of the United States. Fourth, the 
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires agencies 
to prepare a written assessment of the costs, benefits, and other 
effects of proposed or final rules that include a Federal mandate that 
may result in the expenditure by State, local, and tribal governments, 
in the aggregate, or by the private sector, of $100 million or more 
(adjusted annually for inflation) in any one year. The current 
threshold after adjustment for inflation is $177 million using the most 
current (2022) Implicit Price Deflator for the Gross Domestic Product. 
The FAA has provided a detailed Regulatory Impact Analysis (RIA) in the 
docket for this rulemaking. This portion of the preamble summarizes the 
FAA's analysis of the economic impacts of this rule.
    In conducting these analyses, the FAA has determined that this 
proposed rule: (1) will result in benefits that justify costs; (2) is 
not an economically ``significant regulatory action'' as defined in 
section 3(f) of Executive Order 12866; (3) will not create unnecessary 
obstacles to the foreign commerce of the United States; and (4) will 
not impose an unfunded mandate on State, local, or tribal governments, 
or on the private sector.

A. Data and Assumptions

    This Special Federal Aviation Regulation proposes alternate 
eligibility requirements to safely certificate initial groups of 
powered-lift pilots, as well as determine which operating rules to 
apply to powered-lift on a temporary basis to enable the FAA to gather 
additional information and determine the most appropriate permanent 
rulemaking path for these aircraft. The analysis for the regulatory 
evaluation is based on the following assumptions and data sources.
     The FAA uses a 10-year time period of analysis.\503\ The 
analysis uses 2022 constant dollars. Year 1 of the period of analysis, 
which would correlate with the effective date of the proposed rule, is 
used as the base year.
---------------------------------------------------------------------------

    \503\ In addition, the FAA acknowledges uncertainty in 
estimating incremental impacts of this proposed rule since the FAA 
has yet to type certificate a powered-lift.
---------------------------------------------------------------------------

     The analysis provides a range of costs from low to high. 
The FAA considers the primary estimate of net impacts of the rule to be 
the base scenario.
     It is estimated that it would cost an individual 
approximately $22,124 to accomplish the training and testing required 
for a type rating.\504\ The FAA believes that in many circumstances, 
this training and testing would be at the expense of an operator using 
powered-lift in its operations.
---------------------------------------------------------------------------

    \504\ The estimated cost for this provision is detailed in the 
regulatory impact analysis prepared for this SFAR.
---------------------------------------------------------------------------

     Operational rules under parts 43, 91, 97, 135, and 136 
that are applicable to aircraft continue to be applicable to powered-
lift because powered-lift meet the definition of an aircraft in Sec.  
1.1. Otherwise, the more conservative airplane specific operational 
rules will apply to powered-lift, with limited exceptions.
     The FAA uses a three percent and seven percent discount 
rate to quantify present value costs and cost savings as prescribed by 
OMB in Circular A-4. The pilot forecast below were used to estimate 
costs of the proposed SFAR.\505\
---------------------------------------------------------------------------

    \505\ OMB Circular A-4, Regulatory Analysis (2003), https://www.whitehouse.gov/wp-content/uploads/legacy_drupal_files/omb/circulars/A4/a-4.pdf.
---------------------------------------------------------------------------

B. Summary of the Regulatory Impact Analysis

    The powered-lift currently undergoing the type certification 
process are comparatively different compared to the powered-lift 
proposed during the 1990's. Currently, manufacturers are proposing 
aircraft and operations that were not conceptualized in the 1997 
rulemaking that introduced the powered-lift category of aircraft into 
the airmen certification rules. When these rules were introduced, it 
was the FAA intention to initiate further rulemakings to develop 
operational rules for powered-lift. However, these intentions never 
came to fruition.
    If powered-lift were available for civil operations today, they 
would not be subject to operating rules that are specific to an 
aircraft category or class. Instead, the only rules that would apply 
are the part 91 rules that are specific to ``aircraft.'' Through this 
SFAR, the FAA seeks to provide operating rules applicable to powered-
lift and to provide a pathway for pilots to obtain powered-lift ratings 
through alternate aeronautical experience requirements and expanded 
logging provisions. The regulatory evaluation portion of this SFAR 
evaluates the economic impact of the proposed amendments.
    The table below presents the regulations proposed by this rule on 
an amendment-by-amendment basis. The first column of the table 
identifies the affected part; the second column identifies the section 
and/or paragraph being amended; and the last column identifies the 
impact of the proposed change. The table is designed to quickly inform 
the reader of the proposed change and its resulting impact. Amendments 
with little to no impact are excluded from the table.

[[Page 39069]]



                   Table 11--SFAR--Proposed Amendments
------------------------------------------------------------------------
            Section               Proposed amendment         Impact
------------------------------------------------------------------------
Part 43--Maintenance,           Sec.   43.3(h) Persons  Provides relief
 Preventive Maintenance,         authorized to perform   to operators of
 Rebuilding, & Alterations.      maintenance,            powered-lift on
                                 preventive              a scale that is
                                 maintenance,            equivalent to
                                 rebuilding, and         the relief
                                 alterations.            provided to
                                                         operators of
                                                         rotorcraft.
                                Sec.   43.15(b)         Imposes a
                                 Additional              regulatory
                                 performance rules for   burden on
                                 inspections.            operators
                                                         conducting
                                                         powered-lift
                                                         operations on a
                                                         scale no
                                                         greater than
                                                         that imposed on
                                                         like operators
                                                         conducting
                                                         operations with
                                                         rotorcraft.
Part 91--General Operating and  Sec.   91.9(a)(b)       Imposes costs on
 Flight Rules.                   Civil aircraft flight   operators of
                                 manual.                 powered-lift on
                                Sec.   91.103(b)(1)      a scale
                                 Preflight action..      equivalent to
                                Sec.   91.109 Flight     costs imposed
                                 instruction;            on operators of
                                 Simulated instrument    airplanes or
                                 flight..                rotorcraft.
                                Sec.   91.151 Fuel
                                 requirements for
                                 flight in VFR
                                 conditions..
                                Sec.   91.167 Fuel
                                 requirements for
                                 flight in IFR
                                 conditions.
                                Sec.   91.205(b)(11)
                                 Anti-collision
                                 lights.
                                Sec.   91.205(b)(14)
                                 Shoulder harness,
                                 restraint system.
                                Sec.   91.207
                                 Emergency locator
                                 transmitters.
                                Sec.   91.215 ATC
                                 transponder and
                                 altitude reporting
                                 equipment and use.
                                Sec.   91.219 Altitude
                                 alerting system or
                                 device.
                                Sec.   91.223 Terrain
                                 awareness and
                                 warning.
                                Sec.   91.313 Shoulder
                                 harness, restraint
                                 system.
                                Sec.   91.409
                                 Inspection programs.
                                Sec.   91.411
                                 Altimeter system and
                                 altitude reporting.
                                Sec.   91.501
                                 Applicability.
                                Sec.   91.503 Flying
                                 equipment and
                                 operating
                                 information.
                                Sec.   91.505 Aircraft
                                 flight manual.
                                Sec.   91.507
                                 Equipment required
                                 for over-the-top or
                                 night VFR ops.
                                Sec.   91.509 Survival
                                 equipment.
                                Sec.   91.511
                                 Communications and
                                 navigation.
                                Sec.   91.513
                                 Emergency equipment.
                                Sec.   91.517
                                 Passenger
                                 information,
                                 seatbelts/non-
                                 smoking.
                                Sec.   91.519 Oral
                                 briefing.
                                Sec.   91.521 Safety
                                 equipment
                                 requirements.
                                Sec.   91.523
                                 Requirements for
                                 storage of carry-on
                                 baggage.
                                Sec.   91.525
                                 Requirements for
                                 storage of cargo.
                                Sec.   91.527
                                 Requirements for
                                 operating in icing
                                 conditions.
                                Sec.   91.529 Flight
                                 engineer
                                 requirements.
                                Sec.   91.531 Second-
                                 in-command
                                 requirements.
                                Sec.   91.533 Flight
                                 attendant
                                 requirements.
                                Sec.   91.603 Aural
                                 speed warning device.
                                Sec.   91.605
                                 Transport category
                                 civil airplane weight
                                 limitations.
                                Sec.   91.609 Flight
                                 data recorders and
                                 cockpit voice
                                 recorders.
                                Sec.   91.613
                                 Materials for
                                 compartment
                                 interiors.
                                Sec.   91.1041 Proving
                                 and validation tests.
                                Sec.   91.1045 HTAWS
                                 and thunderstorm
                                 detection equipment.
                                Sec.   91.1065 Initial
                                 and recurrent pilot
                                 testing requirements.
Part 91--General Operating and  Sec.   91.107(a)(3)     Provides relief
 Flight Rules.                   Use of restraint        to operators of
                                 systems                 powered-lift on
                                Sec.   91.205(d)(3)      a scale
                                 U.S. airworthiness      equivalent to
                                 certificates:           the relief
                                 Instrument and          provided to
                                 equipment               operators of
                                 requirements..          airplanes or
                                Sec.   91.213            rotorcraft.
                                 Inoperative
                                 instruments and
                                 equipment..
Part 91--General Operating and  Sec.   91.113(d)(2)     Imposes costs on
 Flight Rules.                   and (3) Right-of-way    operators of
                                 rules.                  powered-lift on
                                Sec.   91.126(b)(1)      a scale
                                 and (2) Operating in    equivalent to
                                 Class G: Direction of   costs imposed
                                 turns..                 on operators of
                                Sec.   91.129            airplanes or
                                 Operations in Class D   rotorcraft.
                                 airspace--approaches..
                                Sec.   91.131
                                 Operations in Class B
                                 airspace..
                                Sec.   91.155 Basic
                                 VFR weather minimums.
                                Sec.   91.157 Special
                                 VFR weather minimums.
                                Sec.   91.169 IFR
                                 flight plan:
                                 Information required.
                                Sec.   91.175 Takeoff
                                 and landing under
                                 IFR.
                                Sec.   91.515 Rules
                                 for appropriate
                                 flight altitudes.
                                Sec.   91.611
                                 Authorization for
                                 ferry flight with one
                                 engine--not allowed
                                 by SFAR.
                                Sec.   91.1037
                                 Limitations;
                                 destination and
                                 alternate airports.
                                Sec.   91.1039 IFR
                                 takeoff, approach and
                                 landing minimums.
                                Sec.   91.1055 Pilot
                                 operating limitations
                                 and pairing
                                 requirement.

[[Page 39070]]

 
Part 91.......................  Sec.   91.126(c)        Imposes a
                                 Operating in Class G    regulatory
                                 airspace--flap          burden on
                                 settings.               operators
                                Sec.   91.129            conducting
                                 Operations in Class D   powered-lift
                                 airspace--minimum       operations on a
                                 altitudes..             scale no
                                Sec.   91.129            greater than
                                 Operations in Class D   that imposed on
                                 airspace--departures..  like operators
                                Sec.   91.129            conducting
                                 Operations in Class D   operations with
                                 airspace--noise         airplanes or
                                 abatement..             rotorcraft.
Part 97--Standard Instrument    Sec.   97.3. Copter     Enabling.
 Procedures.                     procedures.
Part 135--Operating             Sec.   135.4            Imposes a
 Requirements Commuter and On-   Applicability of        regulatory
 Demand Operations and Rules     rules for eligible on-  burden on
 Governing Persons on Board      demand operations.      operators
 Such Aircraft.                 Sec.   135.23(r)(7)      conducting
                                 Manual contents..       powered-lift
                                Sec.   135.93 Minimum    operations on a
                                 altitudes for use of    scale no
                                 autopilot..             greater than
                                Sec.   135.100 Flight    that imposed on
                                 crewmember cuties..     like operators
                                Sec.                     conducting
                                 135.159(a)(2)(3)        operations with
                                 Helicopter exceptions   airplanes or
                                 are not allowed..       rotorcraft.
                                Sec.   135.181
                                 Aircraft operated
                                 over-the-top or in
                                 IFR conditions..
                                Sec.   135.183 Land
                                 aircraft operated
                                 over water..
                                Sec.   135.203 VFR:
                                 Minimum altitudes.
                                Sec.   135.205 VFR:
                                 Visibility
                                 requirements.
                                Sec.   135.207 VFR:
                                 Helicopter surface
                                 reference
                                 requirements.
                                Sec.   135.221
                                 Alternate airport
                                 weather minimums.
                                Sec.   135.361
                                 Applicability.
                                Sec.   135.363
                                 General.
                                Sec.   135.379 Large
                                 transport category
                                 airplanes. Turbine
                                 engine powered:
                                 Takeoff limitations.
                                Sec.   135.381 Large
                                 transport category
                                 airplanes. Turbine
                                 engine powered: En-
                                 route limitations:
                                 One engine
                                 inoperative.
                                Sec.   135.383 Large
                                 transport category
                                 airplanes. Turbine
                                 engine powered: En-
                                 route limitations:
                                 Two engines
                                 inoperative.
                                Sec.   135.385 Large
                                 transport category
                                 airplanes. Turbine
                                 engine powered: En-
                                 route limitations:
                                 Landing limitations.
                                Sec.   135.387 Large
                                 transport category
                                 airplanes. Turbine
                                 engine powered: En-
                                 route limitations:
                                 Landing limitations:
                                 Alternate airports.
                                Sec.   135.389 Large
                                 non-transport
                                 category airplanes:
                                 Takeoff limitations.
                                Sec.   135.391 Large
                                 non-transport
                                 category airplanes.
                                 En-route limitations:
                                 One engine
                                 inoperative.
                                Sec.   135.393 Large
                                 non-transport
                                 category airplanes.
                                 Landing limitations:
                                 En-route limitations:
                                 Destination airports.
                                Sec.   135.395 Large
                                 non-transport
                                 category airplanes.
                                 Landing limitations:
                                 En-rout limitations:
                                 Alternate airports.
                                Sec.   135.397 Small
                                 transport category
                                 airplanes performance
                                 operating
                                 limitations.
                                Sec.   135.399 Small
                                 transport category
                                 airplanes
                                 performance.
Part 135--Operating             Sec.   135.1(a)(9)      Imposes costs on
 Requirements Commuter and On-   Conducting operations   operators of
 Demand Operations and Rules     in accordance with      powered-lift on
 Governing Persons on Board      subpart L (Helicopter   a scale
 Such Aircraft.                  Air Ambulance           equivalent to
                                 Equipment,              costs imposed
                                 Operations, and         on operators of
                                 Training                airplanes or
                                 Requirements).          rotorcraft.
                                Sec.   135.117(a)(9)
                                 Briefing of
                                 passengers before
                                 flight..
                                Sec.   135.145
                                 Aircraft proving and
                                 validation tests..
                                Sec.   135.150 Public
                                 address and
                                 crewmember interphone
                                 systems.
                                Sec.   135.151 Cockpit
                                 voice Recorders.
                                Sec.   135.152 Flight
                                 data recorders.
                                Sec.   135.154 Terrain
                                 awareness warning
                                 systems.
                                Sec.   135.158 Pitot
                                 heat indication
                                 systems.
                                Sec.   135.160 Radio
                                 altimeters for
                                 rotorcraft
                                 operations.
                                Sec.   135.165
                                 Communication and
                                 navigation equipment.
                                Sec.   135.168
                                 Emergency equipment.
                                Sec.   135.169
                                 Additional
                                 airworthiness
                                 requirements.
                                Sec.   135.170
                                 Materials for
                                 compartment
                                 interiors.
                                Sec.   135.173
                                 Airborne thunderstorm
                                 equipment
                                 requirements.
                                Sec.   135.178
                                 Additional emergency
                                 equipment.
                                Sec.   135.180 Traffic
                                 alert and collision
                                 avoidance system.
                                Sec.   135.209 VFR:
                                 Fuel supply.
                                Sec.   135.223 IFR:
                                 Alternate airport
                                 requirements.
                                Sec.   135.227 Icing
                                 conditions: Operating
                                 limitations.
                                Sec.   135.271
                                 Helicopter hospital
                                 emergency medical
                                 evacuation services
                                 (HEMES).
Part 135--Operating             Sec.   135.128 Use of   Provides
 Requirements Commuter and On-   safety belts, child     flexibility or
 Demand Operations and Rules     restraint systems.      relief to
 Governing Persons on Board     Sec.   135.159(a)(1)     operators of
 Such Aircraft.                  Gyroscopic rate of      powered-lift on
                                 turn indicator..        a scale
                                Sec.   135.163(g)        equivalent to
                                 Exception for           the flexibility
                                 helicopters is          or relief
                                 allowed..               provided to
                                Sec.   135.229 Airport   operators of
                                 requirements..          airplanes or
                                Sec.   135.429(d)        rotorcraft.
                                 Required inspection
                                 personnel..

[[Page 39071]]

 
Part 61--Certification:         Sec.   61.31(a) Type    Imposes a
 Pilots, Flight Instructors,     rating requirements,    regulatory
 and Ground Instructors..        additional training,    burden on
                                 and authorization       individuals
                                 reqts.                  seeking airmen
                                Sec.   61.109(e)(5)      certification
                                 Aeronautical            in powered-lift
                                 experience..            on a scale no
                                                         greater than
                                                         that imposed on
                                                         individuals
                                                         accomplishing
                                                         airmen
                                                         certification
                                                         in other
                                                         aircraft
                                                         categories.
Part 61--Certification:         Addressing:             Relieving. No
 Pilots, Flight Instructors,    Sec.   61.1(b)           additional
 and Ground Instructors.         Applicability and       regulatory
                                 definitions: Cross-     costs.
                                 country time
                                 definition (paragraph
                                 (ii))..
                                Sec.   61.3 Reqt for
                                 certificates,
                                 ratings, and
                                 authorizations: Flt
                                 instructor
                                 certificate..
                                Sec.   61.45
                                 Requirement for
                                 certificates,
                                 ratings, and
                                 authorizations:
                                 Practical tests:
                                Required aircraft and
                                 equipment.
                                Sec.   61.51
                                 Requirement for
                                 certificates,
                                 ratings, and
                                 authorizations: Pilot
                                 logbooks.
                                Sec.   61.55
                                 Requirement for
                                 certificates,
                                 ratings, and
                                 authorizations: SIC.
                                Sec.   61.63(d)(3)
                                 Additional aircraft
                                 ratings (other than
                                 for ratings at the
                                 airline transport
                                 pilot certification
                                 level). Proposed
                                 eligibility
                                 requirements.
                                Sec.   61.65
                                 Instrument rating
                                 requirements.
                                Sec.   61.107 Flight
                                 proficiency.
                                Sec.
                                 61.109(e)(2)(i),
                                 (e)(5)(ii)
                                 Aeronautical
                                 experience.
                                Sec.   61.127 Flight
                                 proficiency
                                 (commercial pilots).
                                Sec.   61.129
                                 Aeronautical
                                 experience: Alternate
                                 experience and
                                 logging reqts.
                                Sec.   61.167 Airline
                                 transport pilot
                                 privileges and
                                 limitations.
                                Sec.   61.195 Flight
                                 instructor
                                 limitations and
                                 qualifications.
Part 61--Certification:         Addressing:             Imposes a
 Pilots, Flight Instructors,    Sec.   61.64 Use of a    regulatory
 and Ground Instructors.         flight simulator and    burden on
                                 flight training         individuals
                                 device--SFAR--removes   accomplishing a
                                 three of four           powered-lift
                                 available alternative   type rating in
                                 requirements that       an FFS on a
                                 enable a person to      scale no
                                 accomplish a            greater than
                                 practical test for a    that imposed on
                                 powered-lift type       individuals
                                 rating in a             accomplishing a
                                 simulator..             type rating in
                                                         an FFS for
                                                         airplanes or
                                                         helicopters.
Part 135--Operating             SFAR temporarily allow  Relieving.
 Requirements Commuter and On-   the completion of
 Demand Operations and Rules     certain part 135
 Governing Persons on Board      tests and checks to
 Such Aircraft.                  meet the flight
                                 proficiency
                                 requirements for the
                                 addition of a powered-
                                 lift category rating,
                                 an instrument-powered-
                                 lift rating, and
                                 powered-lift type
                                 rating to a
                                 commercial
                                 certificate.
Part 135--Operating             Sec.   135.3 Rules      Imposes costs on
 Requirements Commuter and On-   applicable to           operators of
 Demand Operations and Rules     operations subject to   powered-lift on
 Governing Persons on Board      this part--FAA          a scale
 Such Aircraft.                  proposes certificate    equivalent to
                                 holders comply with     costs imposed
                                 subpart Y of part 121   on operators of
                                 (Advanced               airplanes or
                                 Qualification Program   rotorcraft.
                                 (AQP)).
                                Sec.   135.243 Pilot
                                 in command
                                 qualifications..
                                Sec.   135.244
                                 Operating experience..
                                Sec.   135.245 Second
                                 in command
                                 qualifications.
                                Sec.   135.293 Initial
                                 and recurrent pilot
                                 testing requirements.
                                Sec.   135.297 Pilot
                                 in command:
                                 Instrument
                                 proficiency check
                                 requirements.
                                Sec.   135.340 Initial
                                 and transition
                                 training and
                                 checking: Check
                                 airmen (aircraft),
                                 check airmen
                                 (simulator).
                                Sec.
                                 135.345(b)(6)(iv)
                                 Pilots: Initial,
                                 transition, and
                                 upgrade ground
                                 training.
Part 111--Pilot Records         Sec.   111.1            Imposes costs on
 Database.                       Applicability.          operators of
                                                         powered-lift on
                                                         a scale
                                                         equivalent to
                                                         costs imposed
                                                         on operators of
                                                         airplanes or
                                                         rotorcraft.
Part 136--Commercial Air Tours  Sec.   136.1 Suitable   Imposes costs on
 and National Parks Air Tour     landing area for        operators of
 Management.                     helicopters.            powered-lift on
                                Sec.   136.9 Life        the same scale
                                 preservers for over     as costs
                                 water..                 imposed on
                                Sec.   136.11(c)         operators of
                                 Helicopter floats for   airplanes or
                                 over water..            rotorcraft.
                                Sec.   136.13(a)
                                 Helicopter
                                 performance plan and
                                 operations..
                                Appendix A Special
                                 Operating Rules for
                                 Air Tour Operators in
                                 the State of Hawaii..
Part 141--Flight Schools......  Sec.   141.35 Chief     Relieving--no
                                 instructor              additional
                                 qualifications.         regulatory
                                Sec.   141.36            costs.
                                 Assistant chief
                                 instructor
                                 qualifications..
                                Sec.   141.37 Check
                                 instructor
                                 qualifications..

[[Page 39072]]

 
Part 142--Training Centers....  Sec.   142.47(a), (c)   Imposes a
                                 Training center         regulatory
                                 instructor              burden on part
                                 eligibility             142 training
                                 requirements            centers
                                Sec.   142.53 Training   conducting
                                 center instructor       powered-lift
                                 training and testing    training on a
                                 requirements.           scale no
                                                         greater than
                                                         that imposed on
                                                         like training
                                                         centers
                                                         conducting
                                                         training with
                                                         airplanes or
                                                         rotorcraft.
Part 142--Training Centers....  Sec.   142.11           Enabling. No
                                 Application for         additional
                                 issuance or amendment.  regulatory
                                                         costs unless a
                                                         part 142
                                                         training center
                                                         chooses conduct
                                                         training with
                                                         powered-lift
                                                         flight
                                                         simulators and
                                                         flight training
                                                         devices.
Part 142--Training Centers....  Sec.   142.57 Aircraft  Provides relief
                                 requirements.           to part 142
                                                         training
                                                         centers
                                                         conducting
                                                         powered-lift
                                                         training on a
                                                         scale
                                                         equivalent to
                                                         that provided
                                                         to training
                                                         centers
                                                         conducting
                                                         training with
                                                         airplanes or
                                                         rotorcraft.
------------------------------------------------------------------------

1. Benefits Summary
    Operations with powered-lift are anticipated to offer benefits over 
traditional airplanes and rotorcraft. A report published by the U.S. 
Government Accountability Office stated that many of these newer 
category of aircraft could be easier to design, simpler to construct, 
less complicated to maneuver, quieter to fly, and more economical to 
operate compared to traditional aircraft.\506\ Many use cases for these 
aircraft are envisioned, and just a few are described below.
---------------------------------------------------------------------------

    \506\ Transforming Aviation: Stakeholders Identified Issues to 
Address for `Advanced Air Mobility' [verbar] U.S. GAO.
---------------------------------------------------------------------------

    It is envisioned smaller versions of these aircraft may reduce 
congestion in urban areas by allowing for more efficient transportation 
of passengers compared to existing ground transportation methods. To do 
so, these aircraft would use vertiports located on top of buildings, at 
parking facilities, or in other open areas.\507\ Such transportation 
could occur from a heliport or vertiport and then proceed at speeds and 
ranges similar to turboprops. Powered-lift could also be capable of 
transporting heavier loads at higher altitudes and faster cruise speeds 
than a traditional rotorcraft. Such capability may increase efficiency 
in transporting crew and material to remote locations such as offshore 
oilrigs. Other use cases may involve medical response, disaster relief, 
rescue operations, border patrol, and last-mile logistics.
---------------------------------------------------------------------------

    \507\ Vertiport Assessment and Mobility Operations System 
(VAMOS!) [verbar] T2 Portal (nasa.gov) A vertiport refers to a 
physical structure for the departure, arrival, and parking/storage 
of advanced air mobility vehicles. Evaluation factors for vertiports 
include zoning, land use, transit stations, fire stations, noise, 
and time-varying factors like congestion and demand.
---------------------------------------------------------------------------

    This proposed rule is a step toward enabling the ecosystem for this 
industry to evolve. It applies the appropriate set of rules for a range 
of certificate-holder operations conducted with powered-lift, and for 
certification of the pilots that would fly them. It was deliberated 
with the intent of mitigating risk to the NAS while maintaining its 
current level of safety.
2. Costs Summary
    While operators choosing to conduct operations with powered-lift 
would incur costs to comply with regulations proposed by this SFAR, 
these costs would be on a scale no greater than those incurred by 
operators choosing to conduct operations with airplanes or rotorcraft 
under similar regulations. Likewise, costs imposed on individuals that 
choose to accomplish the required training and testing required to hold 
an airman's certificate with a type rating in the powered-lift category 
would be on a scale no greater than those incurred by individuals 
accomplishing training and testing to hold an airman's certificate with 
a type rating in the airplane or rotorcraft category. In other words, 
the costs imposed on operators and individuals that choose to comply 
with regulations proposed by this rule would be no more burdensome than 
the costs incurred by entities and individuals complying with 
corresponding airplane and rotorcraft regulations that are already in 
effect.
    However, to address the significant operational differences between 
each powered-lift, the FAA is proposing to require the PIC of a 
powered-lift to hold a type rating for the aircraft flown. The FAA has 
determined that requiring persons to hold type ratings for powered-lift 
would establish the appropriate level of safety than would be 
established by only holding a powered-lift category rating by ensuring 
persons receive adequate training and are tested on the unique design 
and operating characteristics of each powered-lift.
    The following table presents a summary of the primary estimates of 
the quantified costs of this rule, as well as estimates for the 
pessimistic and optimistic scenarios. This analysis provides a range of 
costs from low to high based on these scenarios. The FAA considers the 
primary estimate of costs to be the base scenario. For the primary 
estimate, over a 10-year period of analysis this rule would result in 
present value costs of approximately $30.5 million at a three percent 
discount rate with annualized net costs of approximately $3.6 million. 
At a seven percent discount rate, the present value costs are 
approximately $24.1 million with annualized costs of $3.4 million.

[[Page 39073]]



                                   Table 12--Quantified Costs of Proposed SFAR
                                                  [Millions$] *
----------------------------------------------------------------------------------------------------------------
                                                      10-Year                         10-Year
                Forecast scenario                  present value    Annualized     present value    Annualized
                                                       (3%)            (3%)            (7%)            (7%)
----------------------------------------------------------------------------------------------------------------
Base--Primary Estimate..........................           $30.5            $3.6           $24.1            $3.4
Pessimistic.....................................            27.4             3.2            21.0             3.0
Optimistic......................................            33.7             4.0            27.3             3.9
----------------------------------------------------------------------------------------------------------------
* Table notes: Columns may not sum to total due to rounding. Estimates are provided at three and seven percent
  discount rates per Office of Management and Budget (OMB) guidance.

    Please see the regulatory impact analysis for this SFAR available 
in the docket for more details.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) of 1980, (5 U.S.C. 601-612), 
as amended by the Small Business Regulatory Enforcement Fairness Act of 
1996 (Pub. L. 104-121) and the Small Business Jobs Act of 2010 (Pub. L. 
111-240), requires Federal agencies to consider the effects of the 
regulatory action on small business and other small entities and to 
minimize any significant economic impact. The term ``small entities'' 
comprises small businesses and not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    The FAA is publishing this Initial Regulatory Flexibility Analysis 
(IRFA) to aid the public in commenting on the potential impacts to 
small entities from this proposal. The FAA invites interested parties 
to submit data and information regarding the potential economic impact 
that would result from the proposal. The FAA will consider comments 
when making a determination or when completing a Final Regulatory 
Flexibility Assessment.
    An IRFA must contain the following:
    (1) A description of the reasons why the action by the FAA is being 
considered;
    (2) A succinct statement of the objective of, and legal basis for, 
the proposed rule;
    (3) A description of and, where feasible, an estimate of the number 
of small entities to which the proposed rule will apply;
    (4) A description of the projected reporting, recordkeeping, and 
other compliance requirements of the proposed rule, including an 
estimate of the classes of small entities which will be subject to the 
requirement and the type of professional skills necessary for 
preparation of the report or record;
    (5) An identification, to the extent practicable, of all relevant 
Federal rules that may duplicate, overlap, or conflict with the 
proposed rule; and
    (6) A description of any significant alternatives to the proposed 
rule which accomplish the stated objectives of applicable statutes and 
which minimize any significant economic impact of the proposed rule on 
small entities.
    (1) A description of the reasons why the action by the FAA is being 
considered;
    This proposed rule would establish the requirements for the 
certification and operation of powered-lift. Powered-lift is defined in 
14 CFR part 1 as a heavier-than-air aircraft capable of vertical 
takeoff, vertical landing, and low speed flight that depends 
principally on engine-driven lift devices or engine thrust for lift 
during these flight regimes and on nonrotating airfoil(s) for lift 
during horizontal flight.
    The powered-lift that are coming to the civilian market have 
complex and unique design, flight, and handling characteristics with 
varying degrees of automation. To add to the challenges, the FAA does 
not anticipate that the initial powered-lift that obtain type 
certification will be broadly available for basic airman certification 
and training at the private pilot level. Rather, manufacturers intend 
to produce powered-lift for commercial purposes, meaning the initial 
pilots will be required to hold at least commercial pilot certificates 
to act as required flightcrew members (i.e., PIC or SIC) for 
compensation or hire.
    The FAA lacks sufficient information at this time regarding 
emerging operations to implement permanent regulations. The FAA has 
found the use of an SFAR has been an effective way to gain such 
experience while enabling some degree of operations. The SFAR will 
establish a regulatory structure that leverages existing rules, removes 
operational barriers, and mitigates safety risks for powered-lift. 
Utilizing the SFAR will allow the FAA to observe operations and 
subsequently make any requisite safety improvements in a later 
permanent change to the regulations.
    (2) A succinct statement of the objective of, and legal basis for, 
the proposed rule.
    Statement of the legal basis. Through this rulemaking, the FAA will 
make both permanent and temporary changes to parts 61 and 135 to train 
and certify powered-lift pilots.
    Further, the FAA would enable powered-lift operations under parts 
43, 91, 97, 135, and 136 through the SFAR. The FAA is issuing this 
proposal under the authority described in Title 49 of the United States 
Code, Subtitle VII, Part A, Subpart i, Section 40113, Administrative, 
and Subpart iii, Section 44701, General Requirements; Section 44702, 
Issuance of Certificates; Section 44703, Airman Certificates; Section 
44704, Type Certificates, Production Certificates, Airworthiness 
Certificates, and Design and Production Organization Certificates; 
Section 44705, Air Carrier Operating Certificates; and Section 44707, 
Examination and Rating of Air Agencies. Under these sections, the FAA 
prescribes regulations and minimum standards for practices, methods, 
and procedures necessary for safety in air commerce, including the 
authority to examine and rate civilian schools and prescribe 
regulations to ensure the competency of instructors. The FAA is also 
authorized under these sections to issue certificates, including airman 
certificates, type certificates, and air carrier operating 
certificates, in the interest of safety.
    This rulemaking is also proposed under the authority described in 
Subtitle VII, Part A, Subpart iii, Section 44712, Emergency Locator 
Transmitters; Section 44713, Inspection and Maintenance; 44715, Noise 
and Sonic Boom; 44716, Collision Avoidance Systems; and 44722, Winter 
conditions. These sections direct the Administrator to prescribe 
regulations to govern the use of emergency locator transmitters and 
collision avoidance systems, the standards for inspecting and 
performing maintenance on aircraft, and regulations to control aircraft 
noise and safety risks related to winter conditions. Lastly, this

[[Page 39074]]

proposed rulemaking derives authority from Section 44730, Helicopter 
Air Ambulance Operations, which directs the Administrator to prescribe 
regulations governing the safety of helicopter air ambulance 
operations. This proposed rulemaking is issued under the authority 
described in each of the above sections.
    (3) A description of and, where feasible, an estimate of the number 
of small entities to which the proposed rule will apply.
    The proposed rule would affect operators of powered-lift under 
parts 91, 135, and 136, as well as part 141 flight schools and part 142 
training centers. Part 91 operators conduct operations for non-
commercial purposes while part 135 operators conduct on-demand 
operations, which may include a limited number of scheduled operations, 
or commuter operations, which allow an unlimited number of scheduled 
operations as well as on-demand operations.\508\ There are specific 
limitations associated with these operations depending on whether they 
are on-demand or commuter. These limitations include the number of 
passenger seats installed on the aircraft, maximum payload limits, and 
whether turbo-jet aircraft can be used in the operation. Part 136 
operators conduct commercial air tours.
---------------------------------------------------------------------------

    \508\ https://www.faa.gov/licenses_certificates/airline_certification/135_certification/general_info.
---------------------------------------------------------------------------

    There are five North American Industry Classification System 
(NAICS) codes for air transportation services based on by type of 
activity conducted. Four of these codes identify a small entity as one 
with 1,500 or fewer employees. The exception is NAICS code 481219, 
which includes ``other nonscheduled air transportation.'' Entities 
falling within this code are identified as small if revenues are $22 
million or less.\509\ At the time of this proposed rule, there were 
approximately 1,700 part 135 operators, and 900 part 91 operators. A 
vast majority of these operators are small and the FAA does not 
anticipate that they will be impacted by this rule. Due to this being 
an emerging market, the number of entities that will be impacted by 
this rule is uncertain.
---------------------------------------------------------------------------

    \509\ NAICS code 481111--Scheduled Passenger Air Transportation; 
481112--Scheduled Freight Air Transportation; 481211--Nonscheduled 
Passenger Air Transportation; 481212--Nonscheduled Freight Air 
Transportation; 481219--Other Nonscheduled Air Transportation.
---------------------------------------------------------------------------

    Flight training is available through part 141 flight schools or 
part 142 flight centers. Part 141 flight schools train with actual 
aircraft while part 142 flight centers train with flight simulators. 
The FAA notes that NAICS code for flight training is in Sector 61--
Education Services. Specifically, flight training schools are 
identified by code 611512. The Small Business Administration identifies 
entities in this code as small based on revenues of $30 million or 
less.
    There are currently 525 part 141 flight schools and 45 part 142 
training centers. FAA conducted research on the internet to determine 
revenues for these entities. While some of the part 141 flight schools 
are part of a curriculum offered at an institution of higher learning, 
most appear to be private entities, and thus revenues were not publicly 
available. Of the 45 part 142 training centers, 10 have revenues 
greater than $30 million and 22 were identified as having revenues less 
than $30 million. Revenue information for the remaining 13 part 142 
training centers was not readily available. Based on this information, 
it is believed that a majority of flight schools under parts 141 and 
142 are small entities.
    (4) A description of the projected reporting, recordkeeping, and 
other compliance requirements of the proposed rule, including an 
estimate of the classes of small entities which will be subject to the 
requirement and the type of professional skills necessary for 
preparation of the report or record.
    The FAA prescribes regulations and minimum standards for practices, 
methods, and procedures necessary for safety in air commerce, including 
airman certificates, type certificates, and air carrier operating 
certificates, and the authority to examine and rate civilian schools 
and prescribe regulations to ensure the competency of instructors. 
Powered-lift manufacturers, air carriers, pilots, and instructors have 
important roles in the development of this sector of the aviation 
industry. The reporting and recordkeeping requirements imposed by this 
SFAR currently exist for manufacturers and operators of airplanes and 
rotorcraft. These requirements will now be applicable to those same 
entities that choose to operate powered-lift. These requirements are 
described below.
    First, each operator which seeks to obtain, or is in possession of, 
an air carrier or FAA operating certificate is mandated to comply with 
the requirements of part 135 to determine if the carrier is operating 
in accordance with minimum safety standards. This burden results in 
reporting, recordkeeping, and disclosure requirements. All reporting 
provisions and approval processes can be accomplished electronically, 
including operations and maintenance manuals, crewmember and aircraft 
dispatcher records, maintenance records, and minimum equipment lists. 
However, certain documents, such as passenger briefing cards, must be 
available in paper form for safety reasons. The burden imposed on 
operators by this reporting requirement is proportionate to the size of 
its operation.\510\
---------------------------------------------------------------------------

    \510\ For example, single pilot operations are not required to 
prepare an operations manual or training program which significantly 
reduces the burden. The number of records and required reports are 
proportional to the number of pilots and aircraft used by the 
operator. Further, in several cases, such as for passenger briefings 
or aircraft checklists, commercially produced products are available 
from the aircraft manufacturer.
---------------------------------------------------------------------------

    Next, repair stations certificated under part 145 and air taxi 
operators certificated under part 135 are required to submit 
Malfunction or Defect Reports, or Service Difficulty Reports. This data 
identifies mechanical failures, malfunctions, and defects that may be a 
hazard to the operation of an aircraft. When defects are reported that 
are likely to exist on other products of the same or similar design, 
the FAA may disseminate safety information to a particular section of 
the aviation community. These reports are submitted occasionally. The 
submission of information for this requirement is accomplished 
electronically. The FAA has found that this submission of data does not 
have a significant impact on a substantial number of small businesses.
    Lastly, the Application for Pilot School Certification is necessary 
for the FAA to collect information to ensure flight schools will meet 
the minimum acceptable training standards as prescribed by part 141. 
The FAA approves course curricula, training facilities, the chief 
instructor and any assistant chief instructors, if applicable, for each 
course, and ensures oversight of flight instructors that provide 
training under part 141. Completion of the required items is of minimal 
burden to the respondent due to the simplistic format of the document. 
The FAA notes that flight training schools are contained within Sector 
61, Education Services, of the NAICS code. Specifically, flight 
training schools are identified by code 611512. The Small Business 
Administration identifies entities in this code as small based on 
revenues of $30 million or less. There are currently 525 part 141 
flight schools. The FAA is unsure what portion of these schools qualify 
as small using SBA criteria. While some of the part 141 flight schools 
are part of a curriculum offered at an institution of higher learning, 
most appear to be private entities.

[[Page 39075]]

    (5) An identification, to the extent practicable, of all relevant 
Federal rules that may duplicate, overlap, or conflict with the 
proposed rule.
    The FAA is unaware that the proposed rule will overlap, duplicate, 
or conflict with existing Federal rules.
    (6) A description of any significant alternatives to the proposed 
rule which accomplish the stated objectives of applicable statutes and 
which minimize any significant economic impact of the proposed rule on 
small entities.
    The FAA considered engaging in permanent rulemaking to address the 
introduction of powered-lift in civilian operations. However, the FAA 
lacks sufficient information at this time regarding emerging operations 
to implement permanent regulations. The FAA has found the use of an 
SFAR has been an effective way to gain such experience while enabling 
some degree of operations, therefore, the FAA find that the use of an 
SFAR is the most viable option at this time. Utilizing the SFAR will 
allow the FAA to observe operations and subsequently make any requisite 
safety improvements in a later permanent change to the regulations.
    Another alternative considered for this SFAR included the number of 
years it would remain in effect. After contemplating several options, 
the FAA determined ten years to be an appropriate length of time. In 
selecting ten years as the appropriate duration for this SFAR, the FAA 
considered a number of factors including the time it will take to 
initiate operations after the adoption of this NPRM as a final rule 
considering the type certification status of the powered-lift that are 
commercially viable. The FAA also considered the appropriate length of 
time to collect operational data after operators initiate commercially 
viable operations, and then the time necessary to complete a subsequent 
rulemaking to propose and implement permanent regulations.

D. International Trade Impact Assessment

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

E. Unfunded Mandates Assessment

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government having first provided the funds to pay 
those costs. The FAA determined that the proposed rule will not result 
in the expenditure of $165 million or more by State, local, or tribal 
governments, in the aggregate, or the private sector, in any one year.

F. Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires 
that the FAA consider the impact of paperwork and other information 
collection burdens imposed on the public. According to the 1995 
amendments to the Paperwork Reduction Act (5 CFR 1320.8(b)(2)(vi)), an 
agency may not collect or sponsor the collection of information, nor 
may it impose an information collection requirement unless it displays 
a currently valid Office of Management and Budget (OMB) control number.
    This action contains the following proposed amendments to the 
existing information collection requirements previously approved under 
OMB Control Numbers 2120-0039, -0600, -0663, -0009, and -0021. As 
required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)), 
the FAA has submitted these proposed information collection amendments 
to OMB for its review.

1. Revision of Existing Information Collection 2120-0039: Operating 
Requirements: Commuter and On-Demand Operation 511
---------------------------------------------------------------------------

    \511\ Official FAA forecasts related to the operation of 
powered-lift in the NAS have yet to be developed. Thus, forecasts 
for operators of part 135 aircraft and fleet were prepared solely 
for the purpose of estimating the cost of the information 
collections affiliated with this proposed rule, and developed using 
publicly available data related to orders and options for powered-
lift Using the fleet forecast and an assumption for utilization 
(i.e. hours flown), forecasts for airmen and departures were also 
developed to estimate incremental costs of the paperwork burden.
---------------------------------------------------------------------------

    Abstract: Each operator which seeks to obtain, or is in possession 
of, an air carrier or FAA operating certificate is mandated to comply 
with the requirements of part 135 in order to maintain data which is 
used to determine if the carrier is operating in accordance with 
minimum safety standards. Air carrier and commercial operator 
certification is completed in accordance with part 119. Part 135 
contains operations and maintenance requirements. The burden associated 
with part 135 is associated with reporting, recordkeeping and 
disclosure.
    The FAA has estimated the increase in the existing burden for this 
collection based on four part 119 certificate holders beginning 
powered-lift operations by the end of the third year following 
finalization of this proposed rule. Note that not all information 
collection requirements are proposed to have a burden increase as a 
result of the proposed revisions to this information collection.

                     Table 13--Three-Year Incremental Burden for 2120-0039 Operating Requirements: Commuter and On-Demand Operations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                               Hours-     Hours-     Hours-     Hours-     Hours-     Total      Total
     Section          Section title      Number of    Number of     Total      jobcat     jobcat     jobcat     jobcat     jobcat     burden     burden
                                        respondents   responses   responses     (1)        (2)        (3)        (4)        (5)      (hours)     (cost)
--------------------------------------------------------------------------------------------------------------------------------------------------------
135.21...........  Manual requirements            4           5          20        0.5  .........        2.0  .........  .........       50.0     $2,097
135.63...........  Recordkeeping                  2           2           4  .........  .........        1.0  .........  .........        4.0        185
                    requirements-
                    aircraft available
                    for use.
                   Pilot records......          173           4         692        0.1  .........  .........  .........  .........       69.2      1,696

[[Page 39076]]

 
                   Pilot flight & duty          173         200      34,600        0.1  .........  .........  .........  .........    3,460.0     84,805
                   Load manifest......      292,273           1     292,273        0.1  .........  .........  .........  .........   29,227.3    716,360
135.64...........  Retention of                   6          13          78  .........        0.5  .........  .........  .........       39.0      1,514
                    contracts and
                    amendments written.
                   Retention of                   6           2          12        0.5  .........  .........  .........  .........        6.0        147
                    contracts and
                    amendments oral.
135.65...........  Reporting manual               6          75         450  .........  .........  .........  .........        0.3      112.5      7,611
                    irregularities.
135.79...........  Flight locating                2           1           2  .........  .........        0.5  .........  .........        1.0         46
                    requirements.
135.117..........  Briefing of              292,273           1     292,273  .........  .........  .........  .........       0.03    8,768.2    593,167
                    passengers before
                    flight.
135.179..........  Inoperable                     6           1           6        3.0  .........       20.0  .........  .........      138.0      5,996
                    instruments and
                    equipment.
135.227..........  Icing limitations..            6           1           6        5.0  .........       20.0  .........  .........      150.0      6,290
135.325..........  Training program               6           1           6        5.0  .........       15.0  .........  .........      120.0      4,901
                    and revision.
135.415..........  Mechanical                   131           1         131  .........  .........  .........        1.0  .........      131.0      6,119
                    reliability
                    reports.
135.417..........  Mechanical                     6          12          72  .........  .........  .........        1.0  .........       72.0      3,363
                    interruption
                    summary report.
135.419..........  Approved aircraft              6           1           6        0.5  .........  .........        1.0  .........        9.0        649
                    inspection program.
135.431..........  Continuing analysis            6           1           6  .........  .........  .........       70.0  .........      420.0     35,967
                    and surveillance.
                   Incremental burden.  ...........  ..........  ..........  .........  .........  .........  .........  .........   42,777.2  1,454,270
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Row and column totals may not sum due to rounding.

2. Revision of Existing Information Collection 2120-0600: Training and 
Qualification Requirements for Check Airmen and Flight Instructors 
\512\
---------------------------------------------------------------------------

    \512\ Official FAA forecasts related to the operation of 
powered-lift in the NAS have yet to be developed. Thus, forecasts 
for operators of part 135 aircraft and fleet were prepared solely 
for the purpose of estimating the cost of the information 
collections affiliated with this proposed rule and developed using 
publicly available data related to orders and options for powered-
lift. FAA notes that none of the orders for the multitude of 
powered-lift models being developed are firm as of the time of this 
writing, with the exception of one model. Using the fleet forecast 
and an assumption for utilization (i.e. hours flown), forecasts for 
airmen and departures were also developed to estimate costs of the 
paperwork burden.
---------------------------------------------------------------------------

    Abstract: The reporting requirements are to ensure the check pilots 
and instructors are adequately trained and checked/evaluated to ensure 
they are capable and competent to perform the duties and 
responsibilities required by the air carrier to meet the regulations. 
Experienced pilots who would otherwise qualify as flight instructors or 
check airmen, but who are not medically eligible to hold the requisite 
medical certificate are mandated to keep records that may be inspected 
by the FAA to certify eligibility to perform flight instructor or check 
airmen functions. This information is inspected on occasion and will be 
used by the FAA to determine and to assure that check airmen and 
instructors maintain the high qualification standards (training and 
experience) required to perform their safety functions.
    The FAA has estimated the increase in the existing burden for this 
collection based on the percentage of instructors that are not 
medically eligible to hold the requisite medical certificate and are 
mandated to keep records that may be inspected by the FAA to certify 
eligibility to perform flight instructor or check airmen functions. The 
table below shows the incremental burden by the end of the third year 
following finalization of the proposed rule for this recordkeeping 
requirement.
---------------------------------------------------------------------------

    \513\ The current collection identifies 15,925 respondents 
performing recordkeeping requirements. The 2021 Civil Airmen 
Statistics (source: https://www.faa.gov/data_research/avia)tion_data_statistics/civil_airmen_statistics) shows there are 
121,270 active flight instructors, thus 13.1 percent of the flight 
instructor population (15,925 / 121,270 = .131) perform this 
recordkeeping requirement. Additionally, FAA records show 251 active 
airmen holding a flight instructor certificate with a powered-lift 
rating; thus, it is estimated that 13.1 percent of these airmen are 
affected by the recordkeeping requirement (for a total of 32.9 
airmen).

  Table 14--Three-Year Burden Estimate for Information Collection 2120-
  0600 513 Training and Qualification Requirements for Check Airmen and
                           Flight Instructors
------------------------------------------------------------------------
                                                           Total burden
------------------------------------------------------------------------
Respondents............................................               66
Responses per Respondent...............................                1
Time per Response--15 seconds (in minutes).............             0.25
Total Incremental Time (in minutes)....................            16.44
Total Incremental Time (in hours)......................             0.27
Cost per Hour (Check Airman Wage plus Benefits--per               $87.63
 Hour).................................................
Total Incremental Cost.................................           $24.54
------------------------------------------------------------------------
Note: Row and column totals may not sum due to rounding.


[[Page 39077]]

3. Revision of Existing Information Collection 2120-0663: Service 
Difficulty Report \514\
---------------------------------------------------------------------------

    \514\ Official FAA forecasts related to the operation of 
powered-lift in the NAS have yet to be developed. Thus, forecasts 
for operators of part 135 aircraft and fleet were prepared solely 
for the purpose of estimating the cost of the information 
collections affiliated with this proposed rule, and developed using 
publicly available data related to orders and options for powered-
lift. FAA notes that none of the orders for the multitude of 
powered-lift models being developed are firm as of the time of this 
writing, with the exception of one model. Using the fleet forecast 
and an assumption for fleet utilization (i.e. hours flown), 
forecasts for airmen and departures were also developed to estimate 
costs of the paperwork burden.
---------------------------------------------------------------------------

    Abstract: Service Difficulty Reports (SDRs), may be used by the air 
carrier industry and repair stations to submit mandated reporting of 
occurrences or detection of failures, malfunctions, or defects and can 
be submitted in an electronic format. Repair stations certificated 
under part 145 and Air taxi operators certificated under part 135 are 
required to submit Malfunction or Defect Reports, or Service Difficulty 
Reports. Report information is collected and collated by the FAA and 
used to determine service performance of aeronautical products. When 
defects are reported which are likely to exist on other products of the 
same or similar design, the FAA may disseminate safety information to a 
particular section of the aviation community. The FAA also may adopt 
new regulations or issue Airworthiness Directives (ADs) to address a 
specific problem.\515\ The regulations enhance air carrier safety by 
collecting additional and timelier data pertinent to critical aircraft 
components. This data identifies mechanical failures, malfunctions, and 
defects that may be a hazard to the operation of an aircraft. Reports 
are submitted on occasion.
---------------------------------------------------------------------------

    \515\ ADs are mandatory repair or modifications essential for 
the prevention of accidents.
---------------------------------------------------------------------------

    The FAA has estimated the increase in the existing burden for this 
collection based on four part 119 certificate holders beginning powered 
lift operations under part 135 by the end of the third year following 
finalization of this proposed rule.

       Table 15--Three-Year Burden Estimate for Information Collection 2120-0063 Service Difficulty Report
----------------------------------------------------------------------------------------------------------------
                     Summary  (three years)                          Reporting     Recordkeeping    Disclosure
----------------------------------------------------------------------------------------------------------------
Number of Respondents...........................................               4  ..............  ..............
Number of Responses per respondent..............................               1  ..............  ..............
Time per Response...............................................           0.667  ..............  ..............
Total # of responses............................................               4  ..............  ..............
Total burden (hours)............................................             2.7  ..............  ..............
Total Burden (cost) \516\.......................................           $95.8  ..............  ..............
----------------------------------------------------------------------------------------------------------------
Note: Row and column totals may not sum due to rounding.

4. Revision of Existing Information Collection 2120-0009: Application 
for Pilot School Certification
---------------------------------------------------------------------------

    \516\ Costs are based upon a private industry hourly wage of 
$25.18. The fully-burdened wage is $35.90 and includes employee 
compensation related to benefits that is estimated to be 30.0 
percent of the fully-burdened wage. (Source: Bureau of Labor 
Statistics, Employer Costs for Employee Compensation. https://www.bls.gov/news.release/pdf/ecec.pdf by month)
---------------------------------------------------------------------------

    Abstract: This information is reported and recorded by 14 CFR part 
141 certificated pilot schools seeking to maintain their Air Agency 
Certification. Uncertificated pilot schools seeking certification as a 
part 141 pilot school are also required by part 141 to report 
information to the FAA and keep specific records. Part 141 pilot 
schools train private, commercial, flight instructor, and ATPs, along 
with training for associated ratings in various types of aircraft. The 
information collected becomes a part of the FAA's official records and 
is only used by the FAA for certification, compliance, enforcement, and 
when accidents, incidents, reports of noncompliance, safety programs, 
or other circumstances requiring reference to records. The requirements 
of part 141 include reporting and recordkeeping. The FAA has estimated 
the increase in the existing burden for this collection based on one 
new applicant per year for part 141 certification and one renewal.
---------------------------------------------------------------------------

    \517\ The FAA believes that the responses to this information 
collection will be performed by flight instructors and similar 
personnel at certificated pilot schools. The median hourly wage for 
these occupations is $27.38. The FAA multiplied this base hourly 
rate by 1.309, representing a load factor of 30.9%, and a fully 
loaded wage of $35.84.

   Table 16--Three-Year Burden Estimate for Information Collection 2120-0009 517 Application for Pilot School
                                                  Certification
----------------------------------------------------------------------------------------------------------------
                                                   Time/response                    Total time      Labor cost
            Section                Burden type        (hours)        Responses        (hours)       ($35.84/hr)
----------------------------------------------------------------------------------------------------------------
Sec.   141.13, Application....  Reporting.......             0.5               4             2.0             $72
Sec.   141.53, Training course  Reporting.......            25.0               3            75.0           2,688
 outline.
Sec.   141.63, Application for  Reporting.......            20.0               3            60.0           2,150
 examining authority.
Sec.   141.87, Change of chief  Reporting.......             0.1               3             0.3              11
 instructor.
Sec.   141.110, Training        Recordkeeping...              50               3             150           5,376
 records.
                                                 ---------------------------------------------------------------
    Total.....................  ................  ..............  ..............           136.8          10,297
----------------------------------------------------------------------------------------------------------------
Note: Row and column totals may not sum due to rounding.


[[Page 39078]]

5. Revision of Existing Information Collection 2120-0021: Airman 
Certificate and/or Rating Application
    Abstract: The Airman certificate and/or Rating Application form and 
the required records, logbooks and statements required by part 61 are 
submitted to Federal Aviation Administration (FAA) Flight Standards 
District Offices or its representatives to determine qualifications of 
the applicant for issuance of a pilot or instructor certificate, or 
rating or authorization. If the information collection was not 
conducted, the FAA would be unable to issue the appropriate 
certificates and ratings. The information collected becomes a part of 
the FAA's official records and is only used by the FAA for 
certification, compliance, enforcement, and when accidents, incidents, 
reports of noncompliance, safety programs, or other circumstances 
requiring reference to records. The requirements of part 61 include 
reporting and recordkeeping.

 Table 17--Three-Year Burden Estimate for Information Collection 2120-0021 518 Airman Certificate and/or Rating
                                                   Application
----------------------------------------------------------------------------------------------------------------
                                     Time per                                         Record-
             Section                 response        Responses       Reporting        keeping       Total cost
                                      (hours)                         (hours)         (hours)       (15.40/hr)
----------------------------------------------------------------------------------------------------------------
61.13...........................            0.10              89             8.9  ..............            $137
61.39...........................            0.05              89             4.5  ..............              69
61.49...........................            0.05               1             0.0  ..............               0
61.51...........................            1.00              23  ..............            23.1             356
61.56(a)........................            0.10              23             2.3  ..............              36
61.57...........................            0.10              89  ..............             8.9             137
61.87...........................            0.05              89  ..............             4.5              69
61.93...........................            0.10              89  ..............             8.9             137
61.185..........................            0.10              15  ..............             1.5              23
61.189..........................            1.00              15  ..............            15.0             231
61.197..........................            0.10              15             1.5  ..............              23
                                 -------------------------------------------------------------------------------
    Totals......................  ..............             537              17              62           1,217
----------------------------------------------------------------------------------------------------------------

    The FAA is soliciting comments to--
---------------------------------------------------------------------------

    \518\ To calculate the economic burden on respondents, the FAA 
uses an hourly rate of $15.40. This is an all-purpose travel-time 
rate, which is appropriate for this ICR because respondents 
represent a wide array of occupations, and are often performing 
their reporting or recordkeeping activities on their own time. The 
travel-time rate is derived from Department of Transportation 
guidance (https://www.faa.gov/regulations_policies/policy_guidance/benefit_cost/), modified by a Consumer Price Index for all Urban 
Consumers (CPI-U) value calculated by the Minneapolis Fed (https://www.faa.gov/regulations_policies/policy_guidance/benefit_cost/). The 
FAA is not applying a load factor for overhead or benefits, because, 
as noted, these activities are typically not performed as part of a 
respondent's job or occupation.
---------------------------------------------------------------------------

    (1) Evaluate whether the proposed information requirement is 
necessary for the proper performance of the functions of the FAA, 
including whether the information will have practical utility;
    (2) Evaluate the accuracy of the FAA's estimate of the burden;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of collecting information on those who are 
to respond, including by using appropriate automated, electronic, 
mechanical, or other technological collection techniques or other forms 
of information technology.
    Individuals and organizations may send comments on the information 
collection requirement to the address listed in the ADDRESSES section 
at the beginning of this preamble by August 14, 2023. Comments also 
should be submitted to the Office of Management and Budget, Office of 
Information and Regulatory Affairs, Attention: Desk Officer for FAA, 
New Executive Office Building, Room 10202, 725 17th Street NW, 
Washington, DC 20053.

G. International Compatibility

    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, it is FAA policy to conform to 
International Civil Aviation Organization (ICAO) Standards and 
Recommended Practices to the maximum extent practicable. The FAA has 
reviewed the corresponding ICAO Standards and Recommended Practices and 
has identified no differences between the FAA's proposed regulations 
and the ICAO standards.

H. Environmental Analysis

    In accordance with the provisions of regulations issued by the 
Council on Environmental Quality (40 CFR parts 1500 through 1508), FAA 
Order 1050.1F identifies FAA actions that are categorically excluded 
from preparation of an Environmental Assessment or Environmental Impact 
Statement under the National Environmental Policy Act (NEPA) in the 
absence of extraordinary circumstances.
    The FAA has determined this NPRM action qualifies for the 
categorical exclusion identified in paragraph 5-6.6.f of this order and 
involves no extraordinary circumstances.
    In making this determination, the FAA also considered the recent 
technological advancement regarding fabrication of small and powerful 
electric motors, actuators, and advance control system technologies 
that manufacturers could apply in the design and development of new and 
novel aircraft that are different from the legacy conventional aircraft 
categories defined in current noise certification standards of 14 CFR 
part 36.
    These diverse concept designs may require additional noise 
certification requirements that are tailored to these new aircraft 
types, instead of following the existing requirements for small 
propeller airplanes, jet transport airplanes, helicopters, or tiltrotor 
aircraft. The FAA will examine each application and determine whether 
existing part 36 requirements are appropriate as a noise certification 
basis. If not, FAA may require Rules of Particular Applicability (RPA) 
to establish the noise certification basis for these new aircraft 
designs.
    This categorical exclusion finding applies only to this proposed 
rule. The FAA will initiate a separate review of any final rule.

I. Regulations Affecting Intrastate Aviation in Alaska

    Section 1205 of the FAA Reauthorization Act of 1996 (110 Stat. 
3213) requires the Administrator, when modifying 14 CFR in a manner 
affecting

[[Page 39079]]

intrastate aviation in Alaska, to consider the extent to which Alaska 
is not served by transportation modes other than aviation, and to 
establish appropriate regulatory distinctions. Because this proposed 
rule would apply to operations of powered-lift that could occur 
throughout the territorial airspace of the United States, it could, if 
adopted, affect intrastate aviation in Alaska. The FAA, therefore, 
specifically requests comments on whether there is justification for 
applying the proposed rule differently in intrastate operations in 
Alaska.

X. Executive Order Determinations

A. Executive Order 14036, Promoting Competition in the United States 
Economy

    The FAA has analyzed this proposed rule under the principles and 
criteria of Executive Order (E.O.) 14036, Promoting Competition in the 
United States Economy. The FAA finds that this action would promote 
competition by enabling powered-lift to enter the market. The FAA 
anticipates that powered-lift would compete with surface transportation 
modes in congested intra-city areas for those passengers that want the 
benefits of convenient and shorter travel times compared to traditional 
intra-city travel modes that are currently available. Additionally, the 
integration of powered-lift into the NAS would foster competition 
between powered-lift, airplanes, and helicopters with respect to 
passenger-carrying operations and cargo operations, which would benefit 
American travelers, consumers, and businesses. By enabling the safe 
integration of powered-lift into the NAS, the proposed rule would 
facilitate innovations that foster United States market leadership and 
market entry to promote competition and economic opportunity and to 
resist monopolization, while also ensuring safety, promoting equity, 
and providing oversight of market participants.

B. Executive Order 13985, Advancing Racial Equity and Support for 
Underserved Communities Through the Federal Government

    The FAA has analyzed this proposed rule under the principles and 
criteria of Executive Order (E.O.) 13985, Advancing Racial Equity and 
Support for Underserved Communities Through the Federal Government. 
Consistent with Executive Order 13985, the FAA has analyzed this 
proposed rule to assess whether, and to what extent, it may perpetuate 
systemic barriers to opportunities and benefits for underserved 
communities and their members. The FAA finds that the proposed rule to 
enable the certification of powered-lift pilots and safe powered-lift 
operations could advance equity for historically disadvantaged 
communities by expanding their access to goods and services. FAA seeks 
comment on how this emerging technology could promote equity, and what 
factors impacting equity, if any, FAA should consider as it enters the 
marketplace.

C. Executive Order 13132, Federalism

    The FAA has analyzed this proposed rule under the principles and 
criteria of Executive Order (E.O.) 13132, Federalism. The FAA has 
determined that this action would not have a substantial direct effect 
on the States, or the relationship between the Federal Government and 
the States, or on the distribution of power and responsibilities among 
the various levels of government, and, therefore, would not have 
federalism implications. The FAA notes that States are already 
preempted from regulating aviation safety and the efficient use of 
airspace by aircraft.\519\
---------------------------------------------------------------------------

    \519\ Congress has vested the FAA with authority to regulate the 
areas of airspace use, management and efficiency, air traffic 
control, safety, navigational facilities, pilot training and 
certification, and aircraft noise at its source. See, e.g., 49 
U.S.C. 40103, 44502, and 44701-44735.
---------------------------------------------------------------------------

D. Executive Order 13175, Consultation and Coordination With Indian 
Tribal Governments

    Consistent with Executive Order 13175, Consultation and 
Coordination with Indian Tribal Governments,\520\ and FAA Order 
1210.20, American Indian and Alaska Native Tribal Consultation Policy 
and Procedures,\521\ the FAA ensures that Federally Recognized Tribes 
(Tribes) are given the opportunity to provide meaningful and timely 
input regarding proposed Federal actions that have the potential to 
affect uniquely or significantly their respective Tribes. At this 
point, the FAA has not identified any unique or significant effects, 
environmental or otherwise, on tribes resulting from this proposed 
rule.
---------------------------------------------------------------------------

    \520\ 65 FR 67249 (Nov. 6, 2000).
    \521\ FAA Order No. 1210.20 (Jan. 28, 2004), available at http://www.faa.gov/documentLibrary/media/1210.pdf.
---------------------------------------------------------------------------

E. Executive Order 13211, Regulations That Significantly Affect Energy 
Supply, Distribution, or Use

    The FAA analyzed this proposed rule under E.O. 13211, Actions 
Concerning Regulations that Significantly Affect Energy Supply, 
Distribution, or Use. The FAA has determined that it would not be a 
``significant energy action'' under the executive order and would not 
be likely to have a significant adverse effect on the supply, 
distribution, or use of energy.

F. Executive Order 13609, Promoting International Regulatory 
Cooperation

    Executive Order 13609, Promoting International Regulatory 
Cooperation, promotes international regulatory cooperation to meet 
shared challenges involving health, safety, labor, security, 
environmental, and other issues and to reduce, eliminate, or prevent 
unnecessary differences in regulatory requirements. The FAA has 
analyzed this action under the policies and agency responsibilities of 
E.O. 13609 and has determined that this action would have no effect on 
international regulatory cooperation.

XI. Additional Information

A. Comments Invited

    The FAA invites interested persons to participate in this 
rulemaking by submitting written comments, data, or views. The FAA also 
invites comments relating to the economic, environmental, energy, or 
federalism impacts that might result from adopting the proposals in 
this document. The most helpful comments reference a specific portion 
of the proposal, explain the reason for any recommended change, and 
include supporting data. To ensure the docket does not contain 
duplicate comments, commenters should submit only one time if comments 
are filed electronically or commenters should send only one copy of 
written comments if comments are filed in writing.
    The FAA will file in the docket all comments it receives, as well 
as a report summarizing each substantive public contact with FAA 
personnel concerning this proposed rulemaking. Before acting on this 
proposal, the FAA will consider all comments it receives on or before 
the closing date for comments. The FAA will consider comments filed 
after the comment period has closed if it is possible to do so without 
incurring expense or delay. The FAA may change this proposal in light 
of the comments it receives.
    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the 
public to better inform its rulemaking process. DOT posts these 
comments, without edit, including any personal information the 
commenter provides, to https://www.regulations.gov, as described in the 
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
https://www.dot.gov/privacy.

[[Page 39080]]

B. Confidential Business Information

    Confidential Business Information (CBI) is commercial or financial 
information that is both customarily and actually treated as private by 
its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), 
CBI is exempt from public disclosure. If your comments responsive to 
this NPRM contain commercial or financial information that is 
customarily treated as private, that you actually treat as private, and 
that is relevant or responsive to this NPRM, it is important that you 
clearly designate the submitted comments as CBI. Please mark each page 
of your submission containing CBI as ``PROPIN.'' The FAA will treat 
such marked submissions as confidential under the FOIA, and they will 
not be placed in the public docket of this NPRM. Submissions containing 
CBI should be sent to the person in the FOR FURTHER INFORMATION CONTACT 
section of this document. Any commentary that the FAA receives which is 
not specifically designated as CBI will be placed in the public docket 
for this rulemaking.

C. Electronic Access and Filing

    A copy of this NPRM, all comments received, any final rule, and all 
background material may be viewed online at https://www.regulations.gov 
using the docket number listed above. A copy of this proposed rule will 
be placed in the docket. Electronic retrieval help and guidelines are 
available on the website. It is available 24 hours each day, 365 days 
each year. An electronic copy of this document may also be downloaded 
from the Office of the Federal Register's website at https://www.federalregister.gov and the Government Publishing Office's website 
at https://www.govinfo.gov. A copy may also be found at the FAA's 
Regulations and Policies website at https://www.faa.gov/regulations_policies.
    Copies may also be obtained by sending a request to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue SW, Washington, DC 20591, or by calling (202) 267-9677. 
Commenters must identify the docket or notice number of this 
rulemaking.
    All documents the FAA considered in developing this proposed rule, 
including economic analyses and technical reports, may be accessed in 
the electronic docket for this rulemaking.

D. Small Business Regulatory Enforcement Fairness Act

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

List of Subjects

14 CFR Part 1

    Air transportation.

14 CFR Part 43

    Aircraft, Aviation safety, Reporting and recordkeeping 
requirements.

14 CFR Part 60

    Airmen, Aviation safety, Reporting and recordkeeping requirements.

14 CFR Part 61

    Aircraft, Airmen, Aviation safety, Recreation and recreation areas, 
Reporting and recordkeeping requirements, Security measures, Teachers.

14 CFR Part 91

    Agriculture, Air carriers, Air taxis, Air traffic control, 
Aircraft, Airmen, Airports, Aviation safety, Charter flights, Freight, 
Reporting and recordkeeping requirements, Security measures, 
Transportation.

14 CFR Part 97

    Air traffic control, Airports, Navigation (air), Weather.

14 CFR Part 111

    Administrative practice and procedure, Air carriers, Air taxis, 
Aircraft, Airmen, Alcohol abuse, Aviation safety, Charter flights, Drug 
abuse, Reporting and recordkeeping requirements.

14 CFR Part 135

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

14 CFR Part 136

    Air transportation, Aircraft, Aviation safety, National parks, 
Recreation and recreation areas, Reporting and recordkeeping 
requirements.

14 CFR Part 141

    Airmen, Educational facilities, Reporting and recordkeeping 
requirements, Schools.

14 CFR Part 142

    Airmen, Educational facilities, Reporting and recordkeeping 
requirements, Schools, Teachers.

14 CFR Part 194

    Air carriers, Air taxis, Air traffic control, Air transportation, 
Aircraft, Airmen, Airports, Aviation safety, Charter flights, Freight, 
Incorporation by reference, Navigation (air), Recreation and recreation 
areas, Reporting and recordkeeping requirements, Teachers, Schools.

The Proposed Amendment

    For the reasons discussed in the preamble, the Federal Aviation 
Administration proposes to amend chapter I of title 14, Code of Federal 
Regulations as follows:

PART 1--DEFINITIONS AND ABBREVIATIONS

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

    Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701.

0
2. Amend Sec.  1.1 by revising the introductory text to read as 
follows:


Sec.  1.1  General definitions.

    As used in this chapter, unless the context requires otherwise:
* * * * *
0
3. Amend Sec.  1.2 by revising the introductory text to read as 
follows:


Sec.  1.2  Abbreviations and symbols.

    In this chapter:
* * * * *
0
4. Amend Sec.  1.3 by revising paragraphs (a) introductory text and (b) 
introductory text to read as follows:


Sec.  1.3  Rules of construction.

    (a) In this chapter, unless the context requires otherwise:
* * * * *
    (b) In this chapter, the word:
* * * * *

PART 43--MAINTENANCE, PREVENTIVE MAINTENANCE, REBUILDING, AND 
ALTERATION

0
5. The authority citation for part 43 continues to read as follows:

    Authority: 42 U.S.C. 7572; 49 U.S.C. 106(f), 106(g), 40105, 
40113, 44701-44702, 44704, 44707, 44709, 44711, 44713, 44715, 45303.

0
6. Amend Sec.  43.1 by adding paragraph (e) to read as follows:


Sec.  43.1  Applicability.

* * * * *

[[Page 39081]]

    (e) Additional applicability of maintenance provisions for powered-
lift is set forth in part 194 of this chapter.

PART 60--FLIGHT SIMULATION TRAINING DEVICE INITIAL AND CONTINUING 
QUALIFICATION AND USE

0
7. The authority citation for part 60 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40113, and 44701; Pub. L. 
111-216, 124 Stat. 2348 (49 U.S.C. 44701 note).

0
8. Amend Sec.  60.1 by revising paragraph (a) to read as follows:


Sec.  60.1  Applicability.

    (a) This part prescribes the rules governing the initial and 
continuing qualification and use of all aircraft flight simulation 
training devices (FSTD) used for meeting training, evaluation, or 
flight experience requirements of this chapter for flight crewmember 
certification or qualification. Additional requirements for FSTD 
representing powered-lift are set forth in part 194 of this chapter.
* * * * *

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

0
9. The authority citation for part 61 is revised to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701-44703, 44707, 
44709-44711, 44729, 44903, 45102-45103, and 45301-45302; sec. 2307, 
Pub. L. 114-190, 130 Stat. 615 (49 U.S.C. 44703 note); and sec. 318, 
Pub. L. 115-254, 132 Stat. 3186 (49 U.S.C. 44703 note).

0
10. In part 61, revise all references to ``cross-country flight time'' 
to read ``cross-country time''.
0
11. Amend Sec.  61.1 by:
0
a. Revising paragraph (a); and
0
b. In the definition of ``Cross-country time'' in paragraph (b), 
revising paragraph (i) introductory text.
    The revision reads as follows:


Sec.  61.1  Applicability and definitions.

    (a) Except as provided in parts 107 and 194 of this chapter, this 
part prescribes:
    (1) The requirements for issuing pilot, flight instructor, and 
ground instructor certificates and ratings; the conditions under which 
those certificates and ratings are necessary; and the privileges and 
limitations of those certificates and ratings.
    (2) The requirements for issuing pilot, flight instructor, and 
ground instructor authorizations; the conditions under which those 
authorizations are necessary; and the privileges and limitations of 
those authorizations.
    (3) The requirements for issuing pilot, flight instructor, and 
ground instructor certificates and ratings for persons who have taken 
courses approved by the Administrator under other parts of this 
chapter.
    (b) * * *
    Cross-country time * * *
    (i) Except as provided in paragraphs (ii) through (vii) of this 
definition, time acquired during flight--
* * * * *
0
12. Amend Sec.  61.3 by revising paragraphs (e)(1) and (2), (f)(2)(i) 
and (ii), and (g)(2)(i) and (ii) to read as follows:


Sec.  61.3  Requirement for certificates, ratings, and authorizations.

* * * * *
    (e) * * *
    (1) The appropriate aircraft category, class, type (if a class or 
type rating is required), and instrument rating on that person's pilot 
certificate for any airplane, helicopter, or powered-lift being flown;
    (2) An airline transport pilot certificate with the appropriate 
aircraft category, class, and type rating (if a class or type rating is 
required) for the aircraft being flown;
* * * * *
    (f) * * *
    (2) * * *
    (i) Holds a pilot certificate with category and class ratings (if a 
class rating is required) for that aircraft and an instrument rating 
for that category aircraft;
    (ii) Holds an airline transport pilot certificate with category and 
class ratings (if a class rating is required) for that aircraft; or
* * * * *
    (g) * * *
    (2) * * *
    (i) Holds a pilot certificate with category and class ratings (if a 
class rating is required) for that aircraft and an instrument rating 
for that category aircraft;
    (ii) Holds an airline transport pilot certificate with category and 
class ratings (if a class rating is required) for that aircraft; or
* * * * *
0
13. Amend Sec.  61.5 by:
0
a. Redesignating paragraphs (b)(7)(iii) and (iv) as paragraphs 
(b)(7)(iv) and (b)(9), respectively; and
0
b. Adding new paragraph (b)(7)(iii).
    The addition reads as follows:


Sec.  61.5  Certificates and ratings issued under this part.

* * * * *
    (b) * * *
    (7) * * *
    (iii) Powered-lift.
* * * * *
0
14. Amend Sec.  61.31 by:
0
a. Redesignating paragraph (a)(3) as paragraph (a)(4);
0
b. Adding new paragraph (a)(3); and
0
c. Revising paragraph (l)(1).
    The revision and addition read as follows:


Sec.  61.31  Type rating requirements, additional training, and 
authorization requirements.

    (a) * * *
    (3) Powered-lift.
* * * * *
    (l) * * *
    (1) This section does not require a category and class rating for 
aircraft that is not identified as an aircraft under Sec.  61.5(b).
* * * * *
0
15. Amend Sec.  61.39 by revising paragraph (a)(3) to read as follows:


Sec.  61.39  Prerequisites for practical tests.

    (a) * * *
    (3) Have satisfactorily accomplished the required training and 
obtained the aeronautical experience prescribed by this part for the 
certificate or rating sought, and:
    (i) If applying for the practical test with flight time 
accomplished under Sec.  61.159(c), present a copy of the records 
required by Sec.  135.63(a)(4)(vi) and (x) of this chapter; or
    (ii) If applying for a practical test for the issuance of an 
initial category and class rating (if a class rating is required) at 
the private, commercial, or airline transport pilot certificate level 
in an aircraft that requires a type rating or a flight simulator or 
flight training device that represents an aircraft that requires a type 
rating, meet the eligibility requirements for the type rating or 
already hold the type rating on their pilot certificate;
* * * * *
0
16. Amend Sec.  61.43 by adding paragraph (g) to read as follows:


Sec.  61.43  Practical tests: General procedures.

* * * * *
    (g) A practical test for an airline transport pilot (ATP) 
certificate with category and class rating (if a class rating is 
required) in an aircraft that requires a type rating or in a flight 
simulation training device that represents an aircraft that requires a 
type rating includes the same tasks and maneuvers as a practical test 
for a type rating.

[[Page 39082]]

0
17. Amend Sec.  61.47 by revising the section heading and adding 
paragraph (d) to read as follows:


Sec.  61.47  Status and responsibilities of an examiner who is 
authorized by the Administrator to conduct practical tests.

* * * * *
    (d) An examiner may not conduct a practical test for the issuance 
of an initial category and class rating (if a class rating is required) 
at the private, commercial, or airline transport pilot certificate 
level in an aircraft that requires a type rating or a flight simulator 
or flight training device that represents an aircraft that requires a 
type rating unless:
    (1) The applicant meets the eligibility requirements for a type 
rating in that aircraft or already holds that type rating on their 
certificate; and
    (2) The practical test contains the tasks and maneuvers for a type 
rating specified in the areas of operation at the airline transport 
pilot certification level.
0
18. Amend Sec.  61.51 by revising paragraph (f)(2) to read as follows:


Sec.  61.51  Pilot logbooks.

* * * * *
    (f) * * *
    (2) Holds the appropriate category, class, and instrument rating 
(if a class or instrument rating is required) for the aircraft being 
flown, and more than one pilot is required under the type certification 
of the aircraft or the regulations under which the flight is being 
conducted; or
* * * * *
0
19. Amend Sec.  61.55 by revising paragraph (a) to read as follows:


Sec.  61.55  Second-in-command qualifications.

    (a) A person may serve as a second-in-command of an aircraft type 
certificated for more than one required pilot flight crewmember or in 
operations requiring a second-in-command pilot flight crewmember only 
if that person meets the following requirements:
    (1) Holds at least a private pilot certificate with the appropriate 
category and class rating;
    (2) Holds an instrument rating or privilege that applies to the 
aircraft being flown if the flight is under IFR;
    (3) Holds at least a pilot type rating for the aircraft being flown 
unless the flight will be conducted as domestic flight operations 
within the United States airspace; and
    (4) If serving as second-in-command of a powered-lift, satisfies 
the requirements specified in Sec.  194.209(a) of this chapter.
* * * * *
0
20. Amend Sec.  61.57 by revising paragraphs (a)(1)(ii), (b)(1)(ii), 
and (g)(1) and (4) to read as follows:


Sec.  61.57  Recent flight experience: Pilot in command.

    (a) * * *
    (1) * * *
    (ii) The required takeoffs and landings were performed in an 
aircraft of the same category, class, and type (if a class or type 
rating is required), and, if the aircraft to be flown is an airplane 
with a tailwheel, the takeoffs and landings must have been made to a 
full stop in an airplane with a tailwheel.
* * * * *
    (b) * * *
    (1) * * *
    (ii) The required takeoffs and landings were performed in an 
aircraft of the same category, class, and type (if a class or type 
rating is required).
* * * * *
    (g) * * *
    (1) An Examiner who is qualified to perform night vision goggle 
operations in that same aircraft category and class (if a class rating 
is required);
* * * * *
    (4) An authorized flight instructor who is qualified to perform 
night vision goggle operations in that same aircraft category and class 
(if a class rating is required);
* * * * *


Sec.  61.63  [Amended]

0
21. Amend Sec.  61.63 by removing and reserving paragraph (h).
0
22. Amend Sec.  61.64 by revising paragraphs (a)(1) and (e), (f) 
introductory text, and (g)(1) to read as follows:


Sec.  61.64  Use of a flight simulator and flight training device.

    (a) * * *
    (1) Must represent the category, class, and type (if a class or 
type rating is applicable) for the rating sought, except that a person 
may not use a flight simulator or flight training device representing 
an aircraft requiring a type rating for any portion of the practical 
test without seeking a type rating for that aircraft; and
* * * * *
    (e) Except as provided in paragraph (f) of this section, if a 
powered-lift is not used during the practical test for a type rating in 
a powered-lift (except for preflight inspection), an applicant must 
accomplish the entire practical test in a Level C or higher flight 
simulator and have 500 hours of flight time in the type of powered-lift 
for which the rating is sought.
    (f) If the applicant does not meet one of the experience 
requirements of paragraphs (b)(1) through (5), paragraphs (c)(1) 
through (5), paragraphs (d)(1) through (4), or paragraph (e) of this 
section, as appropriate to the type rating sought, then--
* * * * *
    (g) * * *
    (1) Performs 25 hours of flight time in an aircraft of the 
appropriate category, class, and type for which the limitation applies 
under the direct observation of the pilot in command who holds a 
category, class (if a class rating is required), and type rating, 
without limitations, for the aircraft;
* * * * *
0
23. Amend Sec.  61.109 by revising paragraph (e)(5) introductory text 
to read as follows:


Sec.  61.109  Aeronautical experience.

* * * * *
    (e) * * *
    (5) 10 hours of solo flight time in a powered-lift consisting of at 
least--
* * * * *
0
24. Amend Sec.  61.163 by adding paragraphs (c), (d), and (e) to read 
as follows:


Sec.  61.163  Aeronautical experience: Powered-lift category rating.

* * * * *
    (c) Flight time logged under Sec.  61.159(c) may be counted toward 
the 1,500 hours of total time as a pilot required by paragraph (a) of 
this section and the flight time requirements of paragraphs (a)(1), 
(2), and (4) of this section.
    (d) An applicant who credits time under paragraph (c) of this 
section is issued an airline transport pilot certificate with the 
limitation ``Holder does not meet the pilot in command aeronautical 
experience requirements of ICAO,'' as prescribed under Article 39 of 
the Convention on International Civil Aviation.
    (e) An applicant is entitled to an airline transport pilot 
certificate without the ICAO limitation specified under paragraph (d) 
of this section when the applicant presents satisfactory evidence of 
having met the ICAO requirements under paragraph (d) of this section 
and otherwise meets the aeronautical experience requirements of this 
section.


Sec.  61.165  [Amended]

0
25. Amend Sec.  61.165 by removing paragraph (g).
0
26. Amend Sec.  61.167 by revising the introductory text of paragraph 
(a)(2) to read as follows:

[[Page 39083]]

Sec.  61.167  Airline transport pilot privileges and limitations.

    (a) * * *
    (2) A person who holds an airline transport pilot certificate and 
has met the aeronautical experience requirements of Sec.  61.159, Sec.  
61.161, or Sec.  61.163, and the age requirements of Sec.  61.153(a)(1) 
may instruct--
* * * * *

PART 91--GENERAL OPERATING AND FLIGHT RULES

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

    Authority: 49 U.S.C. 106(f), 106(g), 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, Pub. L. 114-190, 130 Stat. 615 (49 U.S.C. 
44703 note); articles 12 and 29 of the Convention on International 
Civil Aviation (61 Stat. 1180), (126 Stat. 11).

0
28. Amend Sec.  91.1 by revising paragraph (d) and adding paragraph (g) 
to read as follows:


Sec.  91.1  Applicability.

* * * * *
    (d) This part also establishes requirements for operators to take 
actions to support the continued airworthiness of each aircraft.
* * * * *
    (g) Additional requirements for powered-lift operations are set 
forth in part 194 of this chapter.


Sec.  91.205  [Amended]

0
29. Amend Sec.  91.205 by removing the word ``category'' after the word 
``standard'' wherever it appears.
0
30. Amend Sec.  91.903 by revising paragraph (a) to read as follows:


Sec.  91.903  Policy and procedures.

    (a) The Administrator may issue a certificate of waiver authorizing 
the operation of aircraft in deviation from any rule listed in this 
subpart or any rule listed in this subpart as modified by subpart C of 
part 194 of this chapter if the Administrator finds that the proposed 
operation can be safely conducted under the terms of that certificate 
of waiver.
* * * * *
0
31. Amend Sec.  91.1053 by revising paragraph (a)(2)(i) to read as 
follows:


Sec.  91.1053  Crewmember experience.

    (a) * * *
    (2) * * *
    (i) Pilot in command--Airline transport pilot and applicable type 
ratings not limited to VFR only.
* * * * *


Sec.  91.1115  [Amended]

0
32. Amend Sec.  91.1115(b)(1) by removing the word ``airplane'' and 
adding in its place the word ``aircraft''.

PART 97--STANDARD INSTRUMENT PROCEDURES

0
33. The authority citation for part 97 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40103, 40106, 40113, 40114, 
40120, 44502, 44514, 44701, 44719, and 44721-44722.

0
34. Amend Sec.  97.1 by adding paragraph (c) to read as follows:


Sec.  97.1  Applicability.

* * * * *
    (c) Additional applicability of copter procedures for powered-lift 
is set forth in part 194 of this chapter.

PART 111--PILOT RECORDS DATABASE

0
35. The authority citation for part 111 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40101, 40113, 44701, 44703, 
44711, 46105, 46301.

0
36. Amend Sec.  111.1 by revising paragraph (b)(4) introductory text 
and adding paragraph (b)(4)(iii) to read as follows:


Sec.  111.1  Applicability.

* * * * *
    (b) * * *
    (4) Each operator that operates two or more aircraft described in 
paragraph (b)(4)(i), (ii), or (iii) of this section, in furtherance of 
or incidental to a business, solely pursuant to the general operating 
and flight rules in part 91 of this chapter, or that operates aircraft 
pursuant to a Letter of Deviation Authority issued under Sec.  125.3 of 
this chapter.
* * * * *
    (iii) Large powered-lift.
* * * * *

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

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

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

0
38. Amend Sec.  135.1 by adding paragraph (d) to read as follows:


Sec.  135.1  Applicability.

* * * * *
    (d) Additional requirements for powered-lift operations, training, 
checking, and testing, are set forth in part 194 of this chapter.
0
39. Amend Sec.  135.100 by:
0
a. Adding paragraph (d); and
0
b. Removing the note at the end of the section.
    The addition reads as follows:


Sec.  135.100  Flight crewmember duties.

* * * * *
    (d) For purposes of this section, taxi is defined as ``movement of 
an aircraft under its own power on the surface of an airport''.
0
40. Amend Sec.  135.152 by revising paragraph (j) to read as follows:


Sec.  135.152  Flight data recorders.

* * * * *
    (j) For all turbine-engine-powered airplanes with a seating 
configuration, excluding any required crewmember seat, of 10 to 30 
passenger seats, that are manufactured after August 19, 2002, the 
parameters listed in paragraphs (h)(1) through (88) of this section 
must be recorded within the ranges, accuracies, resolutions, and 
recording intervals specified in appendix F to this part.
* * * * *
0
41. Amend Sec.  135.179 by revising paragraph (b)(1) to read as 
follows:


Sec.  135.179  Inoperable instruments and equipment.

* * * * *
    (b) * * *
    (1) Instruments and equipment that are either specifically or 
otherwise required by the airworthiness requirements under which the 
aircraft is type certificated and which are essential for safe 
operations under all operating conditions.
* * * * *
0
42. Amend Sec.  135.243 by:
0
a. Revising paragraph (a)(1);
0
b. Adding paragraph (a)(3);
0
c. Revising paragraphs (b)(1) and (4);
0
d. Adding paragraph (b)(5);
0
e. Revising paragraphs (c)(1) and (4); and
0
f. Adding paragraph (c)(5).
    The revisions and additions read as follows:


Sec.  135.243  Pilot in command qualifications.

    (a) * * *
    (1) Of a turbojet airplane, of an airplane having a passenger-seat 
configuration, excluding each crewmember seat, of 10 seats or more, or 
of a multiengine airplane in a commuter operation as defined in part 
110 of this chapter, unless that person holds an airline transport 
pilot certificate with appropriate category and

[[Page 39084]]

class ratings and, if required, an appropriate type rating for that 
airplane.
* * * * *
    (3) Of a turbojet-powered powered-lift, of a powered-lift having a 
passenger-seat configuration, excluding each crewmember seat, of 10 
seats or more, or of a powered-lift in a commuter operation as defined 
in part 110 of this chapter, unless that person holds an airline 
transport pilot certificate with appropriate category rating, and 
appropriate type rating not limited to VFR for that powered-lift.
    (b) * * *
    (1) Holds at least a commercial pilot certificate with appropriate 
category and class ratings, an appropriate type rating for that 
aircraft, if required, and for a powered-lift, a type rating for that 
aircraft not limited to VFR; and
* * * * *
    (4) For helicopter operations conducted VFR over-the-top, holds a 
helicopter instrument rating, or an airline transport pilot certificate 
with a category and class rating for that aircraft, not limited to VFR; 
or
    (5) For a powered-lift, holds an instrument-powered-lift rating or 
an airline transport pilot certificate with a powered-lift category 
rating.
    (c) * * *
    (1) Holds at least a commercial pilot certificate with appropriate 
category and class ratings, an appropriate type rating for that 
aircraft, if required, and for a powered-lift, a type rating for that 
aircraft not limited to VFR; and
* * * * *
    (4) For a helicopter, holds a helicopter instrument rating, or an 
airline transport pilot certificate with a category and class rating 
for that aircraft, not limited to VFR; or
    (5) For a powered-lift, holds an instrument-powered-lift rating or 
an airline transport pilot certificate with a powered-lift category 
rating.
* * * * *


Sec.  135.244  [Amended]

0
43. Amend Sec.  135.244 by removing the number ``119'' in the 
introductory text of paragraph (a) and adding in its place the number 
``110''.
0
44. Amend Sec.  135.245 by revising the introductory text of paragraph 
(c)(1) to read as follows:


Sec.  135.245  Second in command qualifications.

* * * * *
    (c) * * *
    (1) Use of an airplane, powered-lift, or helicopter for maintaining 
instrument experience. Within the 6 calendar months preceding the month 
of the flight, that person performed and logged at least the following 
tasks and iterations in-flight in an airplane, powered-lift, or 
helicopter, as appropriate, in actual weather conditions, or under 
simulated instrument conditions using a view-limiting device:
* * * * *
0
45. Amend Sec.  135.293 by:
0
a. Revising paragraphs (a)(9), (b), and (c); and
0
b. Removing and reserving paragraph (h).
    The revisions read as follows:


Sec.  135.293  Initial and recurrent pilot testing requirements.

    (a) * * *
    (9) For rotorcraft and powered-lift pilots, procedures for aircraft 
handling in flat-light, whiteout, and brownout conditions, including 
methods for recognizing and avoiding those conditions.
    (b) No certificate holder may use a pilot, nor may any person serve 
as a pilot, in any aircraft unless, since the beginning of the 12th 
calendar month before that service, that pilot has passed a competency 
check given by the Administrator or an authorized check pilot in that 
class of aircraft, if single-engine airplane other than turbojet, or 
that type of aircraft, if helicopter, multiengine airplane, turbojet 
airplane, or powered-lift to determine the pilot's competence in 
practical skills and techniques in that aircraft or class of aircraft. 
The extent of the competency check shall be determined by the 
Administrator or authorized check pilot conducting the competency 
check. The competency check may include any of the maneuvers and 
procedures currently required for the original issuance of the 
particular pilot certificate required for the operations authorized and 
appropriate to the category, class and type of aircraft involved. For 
the purposes of this paragraph (b), type, as to an airplane means any 
one of a group of airplanes determined by the Administrator to have a 
similar means of propulsion, the same manufacturer, and no 
significantly different handling or flight characteristics. For the 
purposes of this paragraph (b), type, as to a helicopter, means a basic 
make and model.
    (c) Each competency check given in a rotorcraft or powered-lift 
must include a demonstration of the pilot's ability to maneuver the 
rotorcraft or powered-lift solely by reference to instruments. The 
check must determine the pilot's ability to safely maneuver the 
rotorcraft or powered-lift into visual meteorological conditions 
following an inadvertent encounter with instrument meteorological 
conditions. For competency checks in non-IFR-certified rotorcraft or 
powered-lift, the pilot must perform such maneuvers as are appropriate 
to the rotorcraft's or powered-lift's installed equipment, the 
certificate holder's operations specifications, and the operating 
environment.
* * * * *
0
46. Amend Sec.  135.297 by revising paragraphs (c)(1)(i) and (ii) and 
(g)(3) to read as follows:


Sec.  135.297  Pilot in command: Instrument proficiency check 
requirements.

* * * * *
    (c) * * *
    (1) * * *
    (i) For a pilot in command of an aircraft under Sec.  135.243(a), 
include the procedures and maneuvers for an airline transport pilot 
certificate in the particular type of aircraft, if appropriate; and
    (ii) For a pilot in command of an aircraft under Sec.  135.243(c), 
include the procedures and maneuvers for a commercial pilot certificate 
with an instrument rating and, if required, for the appropriate type 
rating.
* * * * *
    (g) * * *
    (3) Each pilot taking the autopilot check must show that, while 
using the autopilot:
    (i) The airplane or powered-lift can be operated as proficiently as 
it would be if a second in command were present to handle air-ground 
communications and air traffic control instructions. The autopilot 
check need only be demonstrated once every 12 calendar months during 
the instrument proficiency check required under paragraph (a) of this 
section.
    (ii) On and after [DATE 6 MONTHS AFTER THE EFFECTIVE DATE OF FINAL 
RULE], rotorcraft can be operated as proficiently as it would be if a 
second in command were present to handle air-ground communications and 
air traffic control instructions. The autopilot check need only be 
demonstrated once every 12 calendar months during the instrument 
proficiency check required under paragraph (a) of this section.
0
47. Effective [DATE 6 MONTHS AFTER THE EFFECTIVE DATE OF FINAL RULE], 
further amend Sec.  135.297 by revising paragraph (g)(3) to read as 
follows:


Sec.  135.297  Pilot in command: Instrument proficiency check 
requirements.

* * * * *
    (g) * * *

[[Page 39085]]

    (3) Each pilot taking the autopilot check must show that, while 
using the autopilot, the aircraft can be operated as proficiently as it 
would be if a second in command were present to handle air-ground 
communications and air traffic control instructions. The autopilot 
check need only be demonstrated once every 12 calendar months during 
the instrument proficiency check required under paragraph (a) of this 
section.

PART 136--COMMERCIAL AIR TOURS AND NATIONAL PARKS AIR TOUR 
MANAGEMENT

0
48. The authority citation for part 136 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 40119, 44101, 44701, 44701-
44702, 44705, 44709-44711, 44713, 44716-44717, 44722, 44901, 44903-
44904, 44912, 46105.

0
49. Amend Sec.  136.1 by adding paragraph (f) to read as follows:


Sec.  136.1  Applicability and definitions.

* * * * *
    (f) Additional requirements for powered-lift operations are set 
forth in part 194 of this chapter.

PART 141--PILOT SCHOOLS

0
50. The authority citation for part 141 continues to read as follows:

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

0
51. Revise Sec.  141.1 to read as follows:


Sec.  141.1  Applicability.

    This part prescribes the requirements for issuing pilot school 
certificates, provisional pilot school certificates, and associated 
ratings, and the general operating rules applicable to a holder of a 
certificate or rating issued under this part. Additional requirements 
for pilot schools seeking to provide training courses for powered-lift 
certification and ratings are set forth in part 194 of this chapter.

PART 142--TRAINING CENTERS

0
52. The authority citation for part 142 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40113, 40119, 44101, 44701-
44703, 44705, 44707, 44709-44711, 45102-45103, 45301-45302.

0
53. Amend Sec.  142.1 by adding paragraph (d) to read as follows:


Sec.  142.1  Applicability.

* * * * *
    (d) Additional requirements for training centers seeking to provide 
curriculums for powered-lift certification and ratings are set forth in 
part 194 of this chapter.
0
54. Amend Sec.  142.11 by revising paragraph (d)(2)(iii) to read as 
follows:


Sec.  142.11  Application for issuance or amendment.

* * * * *
    (d) * * *
    (2) * * *
    (iii) For each flight simulator or flight training device, the make 
model, and series of aircraft or the set of aircraft being simulated 
and the qualification level assigned;
* * * * *
0
55. Amend Sec.  142.47 by revising paragraphs (a)(5)(ii) and (c)(2)(ii) 
to read as follows:


Sec.  142.47  Training center instructor eligibility requirements.

    (a) * * *
    (5) * * *
    (ii) If instructing in flight simulator or flight training device 
that represents an aircraft requiring a type rating or if instructing 
in a curriculum leading to the issuance of an airline transport pilot 
certificate or an added rating to an airline transport pilot 
certificate, meets the aeronautical experience requirements of Sec.  
61.159, Sec.  61.161, or Sec.  61.163 of this chapter, as applicable. A 
person employed as an instructor and instructing in a flight simulator 
or flight training device that represents a rotorcraft requiring a type 
rating is not required to meet the aeronautical experience requirements 
of this paragraph (a)(5)(ii) if:
    (A) The person is not instructing in a curriculum leading to the 
issuance of an airline transport pilot certificate or an added rating 
to an airline transport pilot certificate; and
    (B) The person was employed and met the remaining requirements of 
this section on [EFFECTIVE DATE OF FINAL RULE]; or
* * * * *
    (c) * * *
    (2) * * *
    (ii) That is accepted by the Administrator as being of equivalent 
difficulty, complexity, and scope as the tests provided by the 
Administrator for the applicable flight instructor and instrument 
flight instructor knowledge tests to the aircraft category in which 
they are instructing.


Sec.  142.53  [Amended]

0
56. Amend Sec.  142.53 in paragraphs (b)(2)(i) and (b)(3)(i) by 
removing the word ``airplane'' and adding in its place the word 
``aircraft''.


Sec.  142.57  [Amended]

0
57. Amend Sec.  142.57(c) by removing the word ``Airplanes'' and adding 
in its place the word ``Aircraft''.
0
58. Under the authority of 49 U.S.C. 106(f), add subchapter L, 
consisting of part 194, to read as follows:

Subchapter L--Other Special Federal Aviation Regulations

PART 194--SPECIAL FEDERAL AVIATION REGULATION NO. 120--POWERED-
LIFT: PILOT CERTIFICATION AND TRAINING; OPERATIONS REQUIREMENTS

Sec.
Subpart A--General
194.101 Applicability.
194.103 Definitions.
194.105 Qualification of powered-lift FSTDs.
194.107 Expiration.
194.109 Incorporation by reference.
Subpart B--Certification, Training, and Qualification Requirements for 
Pilots and Flight Instructors
194.201 Alternate definition of cross-country time.
194.203 Alternate qualification requirements for certain flight 
instructors.
194.205 Limitations on flight training privileges for holders of 
airline transport pilot certificates under a part 135 of this 
chapter approved training program.
194.207 Alternate requirement for practical tests and training in a 
powered-lift.
194.209 Additional qualification requirements for certain pilots 
serving as second-in-command.
194.211 Alternate eligibility requirements for a person seeking a 
powered-lift type rating.
194.213 Alternate endorsement requirements for certain persons 
seeking a powered-lift rating.
194.215 Applicability of alternate aeronautical experience and 
logging requirements for commercial pilot certification and a 
powered-lift instrument rating.
194.217 Test pilots: Alternate aeronautical experience and logging 
requirements for a commercial pilot certificate with a powered-lift 
category rating.
194.219 Instructor pilots: Alternate aeronautical experience and 
logging requirements for a commercial pilot certificate with a 
powered-lift category rating.
194.221 Initial cadre of instructors: Alternate aeronautical 
experience and logging requirements for a commercial pilot 
certificate with a powered-lift category rating.
194.223 Pilots receiving training under an approved training 
program: Alternate requirements for a commercial pilot certificate 
with a powered-lift category rating.
194.225 Test pilots: Alternate aeronautical experience and logging 
requirements for an instrument-powered-lift rating.
194.227 Instructor pilots: Alternate aeronautical experience and 
logging requirements for an instrument-powered-lift rating.

[[Page 39086]]

194.229 Initial cadre of instructors: Alternate aeronautical 
experience and logging requirements for an instrument-powered-lift 
rating.
194.231 Pilots receiving training under an approved training 
program: Alternate requirements for an instrument-powered-lift 
rating.
194.233 Alternate means to satisfy the cross-country aeronautical 
experience requirements for a commercial pilot certificate with a 
powered-lift category rating.
194.235 Alternate means to satisfy the cross-country aeronautical 
experience requirements for an instrument-powered-lift rating.
194.237 Alternate means to satisfy the cross-country aeronautical 
experience requirements for a private pilot certificate with a 
powered-lift category rating.
194.239 Alternate means to satisfy minimum curriculum content in 
certain appendices to part 141 of this chapter.
194.241 Alternate qualification requirements for chief instructors, 
assistant chief instructors, and check instructors.
194.243 Pilot certification through completion of training, testing, 
and checking part 135 of this chapter.
194.245 Pilot qualification and program management requirements to 
operate powered-lift under subpart K of part 91 of this chapter.
194.247 Pilot qualification requirements to operate powered-lift 
under part 135 of this chapter.
194.249 References to class in parts 135, 141, and 142 of this 
chapter.
194.251 Alternate means to satisfy minimum curriculum content in 
training courses under part 142 of this chapter.
Subpart C--Requirements for Persons Operating Powered-lift
194.301 Applicability.
194.302 Airplane provisions under part 91 of this chapter applicable 
to powered-lift.
194.303 Rotorcraft and helicopter provisions under part 91 of this 
chapter applicable to powered-lift.
194.304 IFR takeoff, approach, and landing minimums.
194.305 ATC transponder and altitude reporting equipment and use.
194.306 Applicability of copter procedures under part 97 of this 
chapter to powered-lift.
194.307 Airplane provisions under part 135 of this chapter 
applicable to powered-lift.
194.308 Rotorcraft and helicopter provisions under part 135 of this 
chapter applicable to powered-lift.
194.309 Applicability of rules for eligible on-demand operations.
194.310 Applicability of national air tour safety standards under 
part 136 of this chapter to powered-lift.
194.311 Applicability of flight instruction; Simulated instrument 
flight.
194.312 Powered-lift in vertical-lift flight mode, flight recorder 
specifications under part 91 of this chapter.
194.313 Powered-lift in wing-borne flight mode, flight recorder 
specifications under part 91 of this chapter.
194.314 Powered-lift in vertical-lift flight mode, flight recorder 
specifications under part 135 of this chapter.
194.315 Powered-lift in wing-borne flight mode, flight recorder 
specification under part 135 of this chapter.
Subpart D--Maintenance, Preventive Maintenance, Rebuilding, and 
Alteration Requirements for Powered-lift under Part 43 of this Chapter
194.401 Applicability.
194.402 Maintenance provisions.

    Authority: 42 U.S.C. 7572; 49 U.S.C. 106(f), 106(g), 40113, 
44701-44705, 44707, 44712, 44713, 44715, 44716, and 44722.

Subpart A--General


Sec.  194.101  Applicability.

    (a) The Special Federal Aviation Regulation (SFAR) in this part 
prescribes:
    (1) Certain requirements for that may be satisfied in lieu of the 
requirements of part 61 of this chapter for persons seeking a powered-
lift pilot certificate and rating, the conditions under which those 
certificates and ratings are necessary, and the privileges and 
limitations of those certificates and ratings;
    (2) The general operating rules applicable to all persons operating 
powered-lift, including those an operator must meet to conduct powered-
lift operations under parts 91, 135, and 136 of this chapter;
    (3) The requirements for persons conducting training, testing, and 
checking utilizing a powered-lift or flight simulation training device 
(FSTD) representing a powered-lift under parts 135, 141, and 142 of 
this chapter; and
    (4) The requirements for persons conducting maintenance, 
preventative maintenance, rebuilds, alterations, or inspections on 
powered-lift pursuant to part 43 of this chapter.
    (b) In addition to the requirements in this part, the following 
parts continue to apply to those persons described in paragraph (a) of 
this section unless otherwise specified in this part: parts 43, 60, 61, 
91, 97, 135, 136, 141, and 142 of this chapter.


Sec.  194.103  Definitions.

    For the purpose of this part:
    Extended over-water operation means a powered-lift operation over 
water at a horizontal distance of more than 50 nautical miles from the 
nearest shoreline and more than 50 nautical miles from an off-shore 
heliport structure under part 91 or 135 of this chapter.
    Heliport means an area of land, water, or structure used or 
intended to be used for the landing and takeoff of helicopters and 
powered-lift.
    Instructor pilot means a pilot employed or used by a manufacturer 
of a powered-lift to conduct operations of the powered-lift for the 
purpose of developing a proposed training curriculum and providing crew 
training.
    Manufacturer means any person who holds, or is an applicant for, a 
type or production certificate for an aircraft. An amateur builder 
under Sec.  21.191(g) of this chapter, builder of a kit aircraft under 
Sec.  21.191(h) of this chapter, or the holder of a restricted category 
type certificate are not considered manufacturers for the purpose of 
this part.
    Test pilot means a pilot employed or used by a manufacturer of a 
powered-lift to conduct operations of the powered-lift for the purpose 
of research and development and showing compliance with this chapter.


Sec.  194.105  Qualification of powered-lift FSTDs.

    For flight simulation training devices (FSTDs) representing 
powered-lift for which qualification standards have not been issued 
under part 60 of this chapter, the applicable requirements will be the 
portions of the flight simulation training device qualification 
performance standards contained in appendices A through D to part 60 of 
this chapter that are found by the Federal Aviation Administration 
(FAA) Administrator (Administrator) to be appropriate for the powered-
lift and applicable to a specific type design, or such FSTD 
qualification criteria as the Administrator may find provide an 
equivalent level of safety to those FSTD qualification standards.


Sec.  194.107  Expiration.

    This part, consisting of Special Federal Aviation Regulation (SFAR) 
No. 120, will remain in effect until [10 YEARS FROM THE FINAL RULE 
EFFECTIVE DATE]. The FAA may amend, rescind, or extend the SFAR as 
necessary.


Sec.  194.109  Incorporation by reference.

    Certain material is incorporated by reference into this part with 
the approval of the Director of the Federal Register under 5 U.S.C. 
552(a) and 1 CFR part 51. All approved incorporation by reference (IBR) 
material is available for inspection at the FAA and at the National 
Archives and Records Administration (NARA). Contact the FAA's Office of 
Rulemaking, 800 Independence Avenue SW, Washington,

[[Page 39087]]

DC 20590; phone: (202) 267-9677. For information on the availability of 
this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email [email protected]. The material may be 
obtained from the sources in the following paragraphs:
    (a) RTCA, Inc., 1150 18th St. NW, Suite 910, Washington, DC 20036; 
phone: (202) 833-9339; website: www.rtca.org/products.
    (1) Section 2 of RTCA DO-309, Minimum Operational Performance 
Standards (MOPS) for Helicopter Terrain Awareness and Warning System 
(HTAWS) Airborne Equipment (Mar. 13, 2008); into Sec. Sec.  194.302; 
194.307; and 194.308.
    (2) [Reserved]
    (b) U.S. Department of Transportation, Subsequent Distribution 
Office, DOT Warehouse M30, Ardmore East Business Center, 3341 Q 75th 
Avenue, Landover, MD 20785; phone (301) 322-5377; www.faa.gov/aircraft/air_cert/design_approvals/tso/ (select the link ``Search Technical 
Standard Orders'').
    (1) Technical Standard Order (TSO)-C194, Helicopter Terrain 
Awareness and Warning System (Dec. 17, 2008); into Sec. Sec.  194.302; 
194.307; and 194.308.
    (2) [Reserved]

Subpart B--Certification, Training, and Qualification Requirements 
for Pilots and Flight Instructors


Sec.  194.201  Alternate definition of cross-country time.

    Notwithstanding the cross-country time definitions in Sec.  61.1(b) 
of this chapter, a person may log flight time in a powered-lift as 
cross-country time provided the time was acquired during a flight--
    (a) That includes a point of landing that was at least a straight-
line distance of more than 25 nautical miles from the original point of 
departure; and
    (b) That involves the use of dead reckoning, pilotage, electronic 
navigation aids, radio aids, or other navigation systems to navigate to 
the landing point.


Sec.  194.203  Alternate qualification requirements for certain flight 
instructors.

    (a) Instructor pilots at a manufacturer. In addition to the 
provisions specified in Sec.  61.3(d)(3) of this chapter, a flight 
instructor certificate issued under part 61 of this chapter is not 
necessary to conduct flight training if the training is given by an 
instructor pilot in a powered-lift at the manufacturer, provided the 
training is conducted in accordance with the manufacturer's training 
curriculum and is given to either--
    (1) A test pilot; or
    (2) A person authorized by the Administrator to serve as an initial 
check pilot, chief instructor, assistant chief instructor, or training 
center evaluator for the purpose of initiating training in a powered-
lift under an approved training program under part 135, 141, or 142 of 
this chapter, as appropriate.
    (b) Flight instructors under part 135 of this chapter. 
Notwithstanding the requirement in Sec.  61.3(d)(3)(ii) of this 
chapter, a person must hold a flight instructor certificate with the 
appropriate powered-lift ratings to conduct training in accordance with 
a training curriculum approved to meet the requirements of Sec.  
194.243(a)(1).


Sec.  194.205  Limitations on flight training privileges for holders of 
airline transport pilot certificates under a part 135 of this chapter 
approved training program.

    Notwithstanding the privileges in Sec.  61.167(a)(2) of this 
chapter, a person who holds an airline transport pilot certificate with 
powered-lift ratings must hold a flight instructor certificate with the 
appropriate powered-lift ratings to instruct pilots in accordance with 
a training curriculum approved to meet the requirements of Sec.  
194.243(a)(1).


Sec.  194.207  Alternate requirement for practical tests and training 
in a powered-lift.

    (a) Required equipment for the practical test. Notwithstanding the 
equipment requirement in Sec.  61.45(b)(1)(ii) of this chapter and the 
limitation specified in Sec.  61.45(b)(2) of this chapter, an applicant 
for a certificate or rating may use a powered-lift that is precluded 
from performing all of the tasks required for the practical test 
without receiving a limitation on the applicant's certificate or 
rating, as appropriate.
    (b) Waiver authority for a practical test conducted in a powered-
lift. An Examiner who conducts a practical test in a powered-lift may 
waive any task for which the FAA has provided waiver authority.
    (c) Flight training on waived tasks. Notwithstanding the 
requirements in Sec. Sec.  61.107(a) and 61.127(a) of this chapter for 
training to include the areas of operation listed in Sec.  61.107(b)(5) 
or Sec.  61.127(b)(5) of this chapter, as applicable, an applicant 
seeking a private pilot certificate or commercial pilot certificate 
with a powered-lift category rating concurrently with a powered-lift 
type rating is not required to receive and log flight training on a 
task specified in an area of operation if the powered-lift is not 
capable of performing the task, provided the FAA has issued waiver 
authority for that task in accordance with paragraph (b) of this 
section.


Sec.  194.209  Additional qualification requirements for certain pilots 
serving as second-in-command.

    (a) A person who obtains at least a private pilot certificate with 
a powered-lift category rating by satisfactorily completing the 
practical test in a powered-lift that is precluded from performing each 
task required by Sec.  61.43(a)(1) of this chapter may not serve as 
second-in-command of a powered-lift that is capable of performing the 
tasks that were waived on the person's practical test until the person 
has--
    (1) Received and logged ground and flight training from an 
authorized instructor on the specific tasks that were waived on the 
person's practical test; and
    (2) Received a logbook or training record endorsement from an 
authorized instructor certifying the person has satisfactorily 
demonstrated proficiency of those tasks.
    (b) The training and endorsement required by paragraph (a) of this 
section are not required if, prior to serving as second-in-command, a 
person meets one of the following requirements--
    (1) Successfully completes the practical test for a powered-lift 
type rating, and the practical test includes each task required by 
Sec.  61.43(a)(1) of this chapter; or
    (2) Has received ground and flight training under an approved 
training program and has satisfactorily completed a competency check 
under Sec.  135.293 or Sec.  91.1065 of this chapter in a powered-lift, 
and the approved training and checking include each task that was 
previously waived in accordance with Sec.  194.207(b).


Sec.  194.211  Alternate eligibility requirements for a person seeking 
a powered-lift type rating.

    (a) General applicability. The requirements specified in paragraphs 
(b) and (c) of this section apply only to persons seeking a type rating 
in a powered-lift that is capable of performing instrument maneuvers 
and procedures.
    (b) Obtaining an initial powered-lift type rating without 
concurrently obtaining the instrument-powered-lift rating. (1) 
Notwithstanding the requirement to hold or concurrently obtain an 
appropriate instrument rating in Sec.  61.63(d)(1) of this chapter, a 
person who applies for an initial powered-lift type rating to be 
completed

[[Page 39088]]

concurrently with a powered-lift category rating may apply for the type 
rating without holding or concurrently obtaining a powered-lift 
instrument rating, but the type rating will be limited to ``visual 
flight rules (VFR) only.''
    (2) Notwithstanding the requirement in Sec.  61.63(d)(4) of this 
chapter, a person who applies for a powered-lift type rating pursuant 
to paragraph (b)(1) of this section is not required to perform the type 
rating practical test in actual or simulated instrument conditions.
    (3) Except as specified in paragraph (b)(6) of this section, a 
person who obtains a powered-lift type rating with a ``VFR only'' 
limitation pursuant to paragraph (b)(1) of this section must remove the 
limitation in accordance with paragraph (b)(4) of this section within 2 
calendar months from the month in which the person passes the type 
rating practical test.
    (4) The ``VFR only'' limitation may be removed after the person--
    (i) Passes an instrument rating practical test in a powered-lift in 
actual or simulated instrument conditions; and
    (ii) Passes a practical test in the powered-lift type for which the 
``VFR only'' limitation applies on the appropriate areas of operation 
listed in Sec.  61.157(e)(3) of this chapter that consist of performing 
instrument maneuvers and procedures in actual or simulated instrument 
conditions.
    (5) Except as specified in paragraph (b)(6) of this section, if a 
person who obtains a powered-lift type rating with a ``VFR only'' 
limitation pursuant to paragraph (b)(1) of this section does not remove 
the limitation within 2 calendar months from the month in which the 
person completed the type rating practical test, the powered-lift type 
rating for which the ``VFR only'' limitation applies will become 
invalid for use until the person removes the limitation in accordance 
with paragraph (b)(4) of this section.
    (6) A person holding a private pilot certificate is not required to 
remove the ``VFR only'' limitation if the limitation applies to a 
powered-lift type that is not a large aircraft or turbojet-powered.
    (c) Obtaining an additional powered-lift type rating with a ``VFR 
only'' limitation. (1) Notwithstanding the requirement to hold or 
concurrently obtain an appropriate instrument rating in Sec.  
61.63(d)(1) of this chapter, a person holding a private pilot 
certificate may apply for a powered-lift type rating for a powered-lift 
that is not a large aircraft or turbojet-powered without holding or 
concurrently obtaining a powered-lift instrument rating, but the type 
rating will be limited to ``VFR only.''
    (2) Notwithstanding the requirement in Sec.  61.63(d)(4) of this 
chapter, a person who applies for a powered-lift type rating pursuant 
to paragraph (c)(1) of this section is not required to perform the type 
rating practical test in actual or simulated instrument conditions.
    (3) A person who obtains a powered-lift type rating with a ``VFR 
only'' limitation pursuant to paragraph (c)(1) of this section may 
remove the ``VFR only'' limitation for that powered-lift type as 
specified in paragraph (b)(4) of this section.
    (d) Concurrent practical tests for removal of ``VFR only'' 
limitation. If a task required for the practical test specified in 
paragraph (b)(4)(i) of this section overlaps with a task required for 
the practical test specified in paragraph (b)(4)(ii) of this section, a 
person may perform the task a single time provided the task is 
performed to the highest standard required for the task.


Sec.  194.213  Alternate endorsement requirements for certain persons 
seeking a powered-lift rating.

    (a) Notwithstanding the requirements in part 61 of this chapter for 
an authorized instructor to provide endorsements for certificates and 
ratings, including endorsements for solo flight, the following persons 
may provide the required logbook or training record endorsements under 
part 61 and this part for a commercial pilot certificate with a 
powered-lift category rating, an instrument-powered-lift rating, a 
powered-lift type rating, or a flight instructor certificate with 
powered-lift ratings--
    (1) An instructor pilot, provided the applicant is either--
    (i) A test pilot for the manufacturer of an experimental powered-
lift; or
    (ii) A person authorized by the Administrator to serve as an 
initial check pilot, chief instructor, assistant chief instructor, or 
training center evaluator for the purpose of initiating training in a 
powered-lift under an approved training program under part 135, 141, or 
142 of this chapter, as appropriate; or
    (2) A management official within the manufacturer's organization, 
provided the applicant is an instructor pilot for the manufacturer of 
an experimental powered-lift.
    (b) The endorsements for training time under this section must 
include a description of the training given, length of training lesson, 
and the endorsement provider's signature and identifying information, 
including certificate number and expiration date, if applicable.


Sec.  194.215  Applicability of alternate aeronautical experience and 
logging requirements for commercial pilot certification and a powered-
lift instrument rating.

    (a) The alternate requirements set forth in Sec. Sec.  194.217 
through 194.231 apply only to persons who hold at least a commercial 
pilot certificate with the following ratings:
    (1) An airplane category rating with a single-engine or multi-
engine class rating and an instrument-airplane rating; or
    (2) A rotorcraft category rating with a helicopter class rating and 
an instrument-helicopter rating.
    (b) If no alternate aeronautical experience or logging requirement 
is provided under this part, the person must meet the applicable 
requirements under part 61 of this chapter, as appropriate.


Sec.  194.217  Test pilots: Alternate aeronautical experience and 
logging requirements for a commercial pilot certificate with a powered-
lift category rating.

    (a) General applicability. An applicant for a commercial pilot 
certificate with a powered-lift category rating who is a test pilot for 
the manufacturer of an experimental powered-lift may satisfy the 
alternate aeronautical experience and logging requirements set forth in 
paragraphs (b) and (c) of this section, provided--
    (1) The flights are conducted in an experimental powered-lift at 
the manufacturer; and
    (2) The applicant is authorized by the Administrator to act as 
pilot in command of the experimental powered-lift.
    (b) Alternate aeronautical experience requirements. Notwithstanding 
the eligibility requirement specified in Sec.  61.123(f) of this 
chapter, a test pilot may meet the requirements in paragraphs (b)(1) 
through (4) of this section in lieu of the aeronautical experience 
requirements of Sec.  61.129(e)(3) and (4) of this chapter.
    (1) A test pilot may receive 20 hours of flight training on the 
areas of operation listed in Sec.  61.127(b)(5) of this chapter from an 
instructor pilot for the manufacturer of an experimental powered-lift 
in lieu of an authorized instructor, provided--
    (i) The training is conducted in accordance with the manufacturer's 
proposed training curriculum in the experimental powered-lift; and
    (ii) The test pilot receives a logbook or training record 
endorsement from the instructor pilot certifying that the test pilot 
satisfactorily completed the

[[Page 39089]]

training curriculum specified in paragraph (b)(1)(i) of this section.
    (2) A test pilot may accomplish the practical test preparation 
requirements in Sec.  61.129(e)(3)(iv) of this chapter with a pilot who 
serves as an instructor pilot for the manufacturer of the experimental 
powered-lift.
    (3) A test pilot may satisfy the aeronautical experience 
requirement in Sec.  61.129(e)(4) of this chapter by logging at least 
10 hours of solo flight time under an endorsement from an instructor 
pilot or performing the duties of pilot-in-command in an experimental 
powered-lift with one of the following individuals onboard (which may 
be credited towards the flight time requirement in Sec.  61.129(e)(2) 
of this chapter)--
    (i) Another test pilot for the manufacturer of the powered-lift who 
is authorized by the Administrator to act as pilot-in-command of the 
experimental powered-lift; or
    (ii) An instructor pilot for the manufacturer of the powered-lift 
who is authorized by the Administrator to act as pilot-in-command of 
the experimental powered-lift.
    (4) A test pilot may satisfy the alternate requirements in Sec.  
194.233 in lieu of the cross-country aeronautical experience 
requirements specified in Sec.  61.129(e)(3)(ii) and (iii) and 
(e)(4)(i) of this chapter.
    (c) Alternate logging requirement. Notwithstanding the logging 
requirements in Sec.  61.51(e)(1) of this chapter, an applicant for a 
commercial pilot certificate with a powered-lift category rating may 
log pilot-in-command flight time for the purpose of satisfying the 
aeronautical experience requirements in Sec.  61.129(e)(2)(i) and (ii) 
of this chapter for flights when the pilot is the sole manipulator of 
the controls of an experimental powered-lift for which the pilot is not 
rated, provided--
    (1) The test pilot is acting as pilot-in-command of the 
experimental powered-lift in accordance with a letter of authorization 
issued by the Administrator; and
    (2) The flight is conducted for the purpose of research and 
development or showing compliance with the regulations in this chapter 
in accordance with the experimental certificate issued to the powered-
lift pursuant to Sec.  21.191 of this chapter.


Sec.  194.219  Instructor pilots: Alternate aeronautical experience and 
logging requirements for a commercial pilot certificate with a powered-
lift category rating.

    (a) General applicability. An applicant for a commercial pilot 
certificate with a powered-lift category rating who is an instructor 
pilot for the manufacturer of an experimental powered-lift may satisfy 
the alternate aeronautical experience and logging requirements set 
forth in paragraphs (b) and (c) of this section, provided--
    (1) The flights are conducted in an experimental powered-lift at 
the manufacturer; and
    (2) The applicant is authorized by the Administrator to act as 
pilot-in-command of the experimental powered-lift.
    (b) Alternate aeronautical experience requirements. Notwithstanding 
the eligibility requirement specified in Sec.  61.123(f) of this 
chapter, an instructor pilot may meet the requirements in paragraphs 
(b)(1) through (4) of this section in lieu of the aeronautical 
experience requirements of Sec.  61.129(e)(3) and (4) of this chapter.
    (1) An instructor pilot may meet the requirements of paragraphs 
(b)(1)(i) and (ii) of this section in lieu of the 20 hours of training 
with an authorized instructor required by Sec.  61.129(e)(3) of this 
chapter.
    (i) The instructor pilot provided the manufacturer's proposed 
training curriculum to a test pilot in the experimental powered-lift, 
which includes 20 hours of training on the areas of operation listed in 
Sec.  61.127(b)(5) of this chapter; and
    (ii) The instructor pilot receives a logbook or training record 
endorsement from a management official within the manufacturer's 
organization certifying that the instructor pilot provided the training 
specified in paragraph (b)(1)(i) of this section.
    (2) An instructor pilot may accomplish the practical test 
preparation requirements in Sec.  61.129(e)(3)(iv) of this chapter with 
a pilot who serves as an instructor pilot for the manufacturer of the 
experimental powered-lift.
    (3) An instructor pilot may satisfy the aeronautical experience 
requirement in Sec.  61.129(e)(4) of this chapter by logging at least 
10 hours of solo flight time under an endorsement from another 
instructor pilot or performing the duties of pilot-in-command in an 
experimental powered-lift with one of the following individuals onboard 
(which may be credited towards the flight time requirement in Sec.  
61.129(e)(2) of this chapter)--
    (i) A test pilot for the manufacturer of the powered-lift who is 
authorized by the Administrator to act as pilot-in-command of the 
experimental powered-lift; or
    (ii) Another instructor pilot for the manufacturer of the powered-
lift who is authorized by the Administrator to act as pilot-in-command 
of the experimental powered-lift.
    (4) An instructor pilot may satisfy the alternate requirements in 
Sec.  194.233 in lieu of the cross-country aeronautical experience 
requirements specified in Sec.  61.129(e)(3)(ii) and (iii) and 
(e)(4)(i) of this chapter.
    (c) Alternate logging requirement. Notwithstanding the logging 
requirements in Sec.  61.51(e)(3) of this chapter, an applicant for a 
commercial pilot certificate with a powered-lift category rating may 
log pilot-in-command flight time for the purpose of satisfying the 
aeronautical experience requirements in Sec.  61.129(e)(2)(i) and (ii) 
of this chapter for flights when the pilot is serving as an instructor 
pilot for the manufacturer of an experimental powered-lift for which 
the pilot is not rated, provided--
    (1) The pilot is acting as pilot-in-command of the experimental 
powered-lift in accordance with a letter of authorization issued by the 
Administrator; and
    (2) The flight is conducted for the purpose of crew training in 
accordance with the experimental certificate issued to the powered-lift 
pursuant to Sec.  21.191 of this chapter.


Sec.  194.221  Initial cadre of instructors: Alternate aeronautical 
experience and logging requirements for a commercial pilot certificate 
with a powered-lift category rating.

    (a) General applicability. An applicant for a commercial pilot 
certificate with a powered-lift category rating may satisfy the 
alternate aeronautical experience and logging requirements set forth in 
paragraphs (b) and (c) of this section, provided--
    (1) The applicant is authorized by the Administrator to serve as an 
initial check pilot, chief instructor, assistant chief instructor, or 
training center evaluator for the purpose of initiating training in a 
powered-lift under an approved training program under part 135, 141, or 
142 of this chapter, as appropriate; and
    (2) The flights are conducted in type-certificated powered-lift at 
the manufacturer.
    (b) Alternate aeronautical experience requirements. Notwithstanding 
the eligibility requirement specified in Sec.  61.123(f) of this 
chapter, an applicant may meet the requirements in paragraphs (b)(1) 
through (4) of this section in lieu of the aeronautical experience 
requirements of Sec.  61.129(e)(3) and (4) of this chapter.
    (1) An applicant may receive 20 hours of flight training on the 
areas of

[[Page 39090]]

operation listed in Sec.  61.127(b)(5) of this chapter from an 
instructor pilot for the manufacturer of the powered-lift in lieu of an 
authorized instructor, provided--
    (i) The training is conducted in accordance with the manufacturer's 
training curriculum in the powered-lift; and
    (ii) The applicant receives a logbook or training record 
endorsement from the instructor pilot certifying that the test pilot 
satisfactorily completed the training curriculum specified in paragraph 
(b)(1)(i) of this section.
    (2) An applicant may accomplish the practical test preparation 
requirements in Sec.  61.129(e)(3)(iv) of this chapter with a pilot who 
serves as an instructor pilot for the manufacturer of the powered-lift.
    (3) An applicant may satisfy the aeronautical experience 
requirement in Sec.  61.129(e)(4) of this chapter by logging at least 
10 hours of solo flight time in a powered-lift under an endorsement 
from an instructor pilot or performing the duties of pilot-in-command 
in a powered-lift with a person onboard who serves as an instructor 
pilot for the manufacturer of the powered-lift (which may be credited 
towards the flight time requirement in Sec.  61.129(e)(2) of this 
chapter).
    (4) An applicant may satisfy the alternate requirements in Sec.  
194.233 in lieu of the cross-country aeronautical experience 
requirements specified in Sec.  61.129(e)(3)(ii) and (iii) and 
(e)(4)(i) of this chapter.
    (c) Alternate logging requirements. Notwithstanding the logging 
requirements in Sec.  61.51(e)(1) of this chapter, an applicant for a 
commercial pilot certificate with a powered-lift category rating may 
log up to 40 hours of pilot-in-command flight time for the purpose of 
satisfying the aeronautical experience requirements in Sec.  
61.129(e)(2)(i) and (ii) of this chapter for flights when the pilot is 
the sole manipulator of the controls of a powered-lift for which the 
pilot is not rated, provided--
    (1) The applicant is manipulating the controls of the powered-lift 
with a person onboard who serves as an instructor pilot for the 
manufacturer;
    (2) The applicant is performing the duties of pilot-in-command; and
    (3) The flight is conducted in accordance with the manufacturer's 
training curriculum for the powered-lift.


Sec.  194.223  Pilots receiving training under an approved training 
program: Alternate requirements for a commercial pilot certificate with 
a powered-lift category rating.

    (a) General applicability. An applicant for a commercial pilot 
certificate with a powered-lift category rating may satisfy the 
alternate requirements set forth in paragraphs (b) through (d) of this 
section, provided the applicant is receiving training under an approved 
training program under part 135, 141, or 142 of this chapter for the 
purpose of obtaining a powered-lift category.
    (b) Alternate aeronautical experience requirements. An applicant 
may satisfy the alternate requirements in Sec.  194.233 in lieu of the 
cross-country aeronautical experience requirements specified in Sec.  
61.129(e)(3)(ii) and (iii) and (e)(4)(i) of this chapter.
    (c) Alternate logging requirement. Notwithstanding the logging 
requirements in Sec.  61.51(e)(1) of this chapter, an applicant for a 
commercial pilot certificate with a powered-lift category rating may 
log up to 40 hours of pilot-in-command time towards the aeronautical 
experience requirement in Sec.  61.129(e)(2)(i) of this chapter for 
flights when the applicant is the sole manipulator of the controls of a 
powered-lift for which the pilot is not rated, provided--
    (1) The applicant is manipulating the controls of the powered-lift 
with an authorized instructor onboard;
    (2) The applicant is performing the duties of pilot-in-command; and
    (3) The flight is conducted in accordance with an approved training 
program under part 135, 141, or 142 of this chapter.
    (d) Use of full flight simulators. In addition to the permitted 
credit for use of a full flight simulator in Sec.  61.129(i) of this 
chapter, an applicant for a commercial pilot certificate with a 
powered-lift category rating may credit a maximum of 15 hours toward 
the 50-hour pilot-in-command flight time requirement in Sec.  
61.129(e)(2)(i) of this chapter, provided--
    (1) The aeronautical experience was obtained performing the duties 
of pilot-in-command in a Level C or higher full flight simulator that 
represents the powered-lift category; and
    (2) The full flight simulator sessions are conducted in accordance 
with an approved training program under part 135, 141, or 142 of this 
chapter.


Sec.  194.225  Test pilots: Alternate aeronautical experience and 
logging requirements for an instrument-powered-lift rating.

    (a) General applicability. An applicant for an instrument-powered-
lift rating who is test pilot for the manufacturer of an experimental 
powered-lift may satisfy the alternate aeronautical experience and 
logging requirements set forth in paragraphs (b) and (c) of this 
section, provided--
    (1) The flights are conducted in an experimental powered-lift at 
the manufacturer; and
    (2) The applicant is authorized by the Administrator to act as 
pilot-in-command of the experimental powered-lift.
    (b) Alternate aeronautical experience requirements. A test pilot 
may meet the aeronautical experience requirements of paragraphs (b)(1) 
through (4) of this section in lieu of the aeronautical experience 
requirements of Sec.  61.65(f)(2) of this chapter.
    (1) Notwithstanding the eligibility requirement in Sec.  
61.65(a)(5) of this chapter, a test pilot may receive 15 hours of 
instrument training on the areas of operation listed in Sec.  61.65(c) 
of this chapter from an instructor pilot for the manufacturer of an 
experimental powered-lift in lieu of an authorized instructor, 
provided--
    (i) The training is conducted in accordance with the manufacturer's 
proposed training curriculum in the experimental powered-lift; and
    (ii) The test pilot receives a logbook or training record 
endorsement from the instructor pilot certifying that the applicant 
satisfactorily completed the training curriculum specified in paragraph 
(b)(1)(i) of this section.
    (2) A test pilot may accomplish the practical test preparation 
requirements in Sec.  61.65(f)(2)(i) of this chapter with an instructor 
pilot for the manufacturer of the experimental powered-lift.
    (3) A test pilot may accomplish the cross-country flight specified 
in Sec.  61.65(f)(2)(ii) of this chapter for an instrument-powered-lift 
rating without an authorized instructor, provided the test pilot--
    (i) Completes the cross-country flight specified in Sec.  
61.65(f)(2)(ii) of this chapter with a pilot who serves as an 
instructor pilot for the manufacturer of the experimental powered-lift; 
and
    (ii) Obtains a logbook or training record endorsement from the 
instructor pilot certifying that the person completed the cross-country 
flight.
    (4) A test pilot may satisfy the alternate requirements in Sec.  
194.235 in lieu of the cross-country aeronautical experience 
requirements specified in Sec.  61.65(f)(2)(ii) of this chapter.
    (c) Alternate logging requirement. Notwithstanding the logging 
requirements in Sec.  61.51(e)(1) of this chapter, a test pilot may log 
pilot-in-command flight time for the purpose of satisfying the 10-hour 
cross-country requirement in Sec.  61.65(f)(1) of this chapter for 
flights when the pilot is the sole manipulator of the controls of an 
experimental powered-lift for which the pilot is not rated, provided--

[[Page 39091]]

    (1) The test pilot is acting as pilot-in-command of the 
experimental powered-lift in accordance with a letter of authorization 
issued by the Administrator; and
    (2) The flight is conducted for the purpose of research and 
development or showing compliance with the regulations in this chapter 
in accordance with the experimental certificate issued to the powered-
lift pursuant to Sec.  21.191 of this chapter.


Sec.  194.227  Instructor pilots: Alternate aeronautical experience and 
logging requirements for an instrument-powered-lift rating.

    (a) General applicability. An applicant for an instrument-powered-
lift rating who is an instructor pilot for the manufacturer of an 
experimental powered-lift may satisfy the alternate aeronautical 
experience and logging requirements set forth in paragraphs (b) and (c) 
of this section, provided--
    (1) The flights are conducted in an experimental powered-lift at 
the manufacturer; and
    (2) The applicant is authorized by the Administrator to act as 
pilot-in-command of the experimental powered-lift.
    (b) Alternate aeronautical experience requirements. An instructor 
pilot may meet the aeronautical experience requirements of paragraphs 
(b)(1) through (4) of this section in lieu of the aeronautical 
experience requirements of Sec.  61.65(f)(2) of this chapter.
    (1) Notwithstanding the eligibility requirement in Sec.  
61.65(a)(5) of this chapter, an instructor pilot may meet the 
requirements of paragraphs (b)(1)(i) and (ii) of this section in lieu 
of the 15 hours of training with an authorized instructor required by 
Sec.  61.65(f)(2) of this chapter.
    (i) The instructor pilot provided the manufacturer's proposed 
training curriculum in the experimental powered-lift, which includes 15 
hours of training on the areas of operation listed in Sec.  61.65(c) of 
this chapter; and
    (ii) The instructor pilot receives a logbook or training record 
endorsement from a management official within the manufacturer's 
organization certifying that the instructor pilot provided the training 
specified in paragraph (b)(1)(i) of this section.
    (2) An instructor pilot may accomplish the practical test 
preparation requirements in Sec.  61.65(f)(2)(i) of this chapter with 
another pilot who serves as an instructor pilot for the manufacturer of 
the experimental powered-lift.
    (3) An instructor pilot may accomplish the cross-country flight 
specified in Sec.  61.65(f)(2)(ii) of this chapter for an instrument-
powered-lift rating without an authorized instructor, provided the 
instructor pilot--
    (i) Completes the cross-country flight specified in Sec.  
61.65(f)(2)(ii) of this chapter with another pilot who serves as an 
instructor pilot for the manufacturer of the experimental powered-lift; 
and
    (ii) Obtains a logbook or training record endorsement from the 
instructor pilot certifying that the person completed the cross-country 
flight.
    (4) An instructor pilot may satisfy the alternate requirements in 
Sec.  194.235 in lieu of the cross-country aeronautical experience 
requirements specified in Sec.  61.65(f)(2)(ii) of this chapter.
    (c) Alternate logging requirement. Notwithstanding the logging 
requirements in Sec.  61.51(e)(3) of this chapter, an instructor pilot 
may log pilot-in-command flight time for the purpose of satisfying the 
10-hour cross-country requirement in Sec.  61.65(f)(1) of this chapter 
for flights when the pilot is serving as an instructor pilot for the 
manufacturer of an experimental powered-lift for which the pilot is not 
rated, provided the pilot--
    (1) Is acting as pilot-in-command of the experimental powered-lift 
in accordance with a letter of authorization issued by the 
Administrator; and
    (2) The flight is conducted for the purpose of crew training in 
accordance with the experimental certificate issued to the powered-lift 
pursuant to Sec.  21.191 of this chapter.


Sec.  194.229  Initial cadre of instructors: Alternate aeronautical 
experience and logging requirements for an instrument-powered-lift 
rating.

    (a) General applicability. An applicant for an instrument-powered-
lift rating may satisfy the alternate aeronautical experience and 
logging requirements set forth in paragraphs (b) and (c) of this 
section, provided--
    (1) The applicant is authorized by the Administrator to serve as an 
initial check pilot, chief instructor, assistant chief instructor, or 
training center evaluator for the purpose of initiating training in a 
powered-lift under an approved training program under part 135, 141, or 
142 of this chapter, as appropriate; and
    (2) The flights are conducted in type-certificated powered-lift at 
the manufacturer.
    (b) Alternate aeronautical experience requirements. Notwithstanding 
the instrument rating requirements of Sec.  61.65 of this chapter, an 
applicant may meet the requirements in paragraphs (b)(1) through (4) of 
this section in lieu of the aeronautical experience requirements of 
Sec.  61.65(f)(2) of this chapter.
    (1) Notwithstanding the eligibility requirement in Sec.  
61.65(a)(5) of this chapter, an applicant may receive 15 hours of 
instrument training on the areas of operation listed in Sec.  61.65(c) 
of this chapter from an instructor pilot for the manufacturer of a 
powered-lift in lieu of an authorized instructor, provided--
    (i) The training is conducted in accordance with the manufacturer's 
training curriculum in the powered-lift; and
    (ii) The applicant receives a logbook or training record 
endorsement from the instructor pilot certifying that the applicant 
satisfactorily completed the training curriculum specified in paragraph 
(b)(1)(i) of this section.
    (2) An applicant may accomplish the practical test preparation 
requirements in Sec.  61.65(f)(2)(i) of this chapter with a pilot who 
serves as an instructor pilot for the manufacturer of the powered-lift.
    (3) An applicant may accomplish the cross-country flight specified 
in Sec.  61.65(f)(2)(ii) of this chapter for an instrument-powered-lift 
rating without an authorized instructor, provided the applicant--
    (i) Completes the cross-country flight specified in Sec.  
61.65(f)(2)(ii) of this chapter with a pilot who serves as an 
instructor pilot for the manufacturer of the powered-lift; and
    (ii) Obtains a logbook or training record endorsement from the 
instructor pilot certifying that the person completed the cross-country 
flight.
    (4) An applicant may satisfy the alternate requirements in Sec.  
194.235 in lieu of the cross-country aeronautical experience 
requirements specified in Sec.  61.65(f)(2)(ii) of this chapter.
    (c) Alternate logging requirement. Notwithstanding the logging 
requirements in Sec.  61.51(e)(1) of this chapter, an applicant for an 
instrument-powered-lift rating may log pilot-in-command flight time for 
the purpose of satisfying the 10-hour cross-country requirement in 
Sec.  61.65(f)(1) of this chapter for flights when the applicant is the 
sole manipulator of the controls of a powered-lift for which the pilot 
is not rated, provided--
    (1) The applicant is manipulating the controls of the powered-lift 
with a person onboard who serves as an instructor pilot for the 
manufacturer;
    (2) The applicant is performing the duties of pilot-in-command; and
    (3) The flight is conducted in accordance with the manufacturer's 
training curriculum for the powered-lift.

[[Page 39092]]

Sec.  194.231  Pilots receiving training under an approved training 
program: Alternate requirements for an instrument-powered-lift rating.

    (a) General applicability. An applicant for an instrument-powered-
lift rating may satisfy the alternate requirements set forth in 
paragraphs (b) and (c) of this section, provided the applicant is 
receiving training under an approved training program under part 135, 
141, or 142 of this chapter for the purpose of obtaining an instrument-
powered-lift rating.
    (b) Alternate aeronautical experience requirements. An applicant 
may satisfy the alternate requirements in Sec.  194.235 in lieu of the 
cross-country aeronautical experience requirements specified in Sec.  
61.65(f)(2)(ii) of this chapter.
    (c) Use of full flight simulators. In addition to the permitted 
credit for use of a full flight simulator in Sec.  61.65(h) of this 
chapter, an applicant for an instrument-powered-lift rating may credit 
a maximum of 4 hours toward the aeronautical experience requirement in 
Sec.  61.65(f)(1) of this chapter that requires 10 hours of cross-
country time in a powered-lift, provided--
    (1) The aeronautical experience was obtained performing the duties 
of pilot-in-command during a simulated cross-country flight in a Level 
C or higher full flight simulator that represents the powered-lift 
category;
    (2) The cross-country flight includes the performance of instrument 
procedures under simulated instrument conditions; and
    (3) The sessions are conducted in accordance with an approved 
training program under part 135, 141, or 142 of this chapter.


Sec.  194.233  Alternate means to satisfy the cross-country 
aeronautical experience requirements for a commercial pilot certificate 
with a powered-lift category rating.

    Notwithstanding the eligibility requirement in Sec.  61.123(f) of 
this chapter, an applicant who does not meet the cross-country 
aeronautical experience requirements specified in Sec.  61.129(e) of 
this chapter will be considered eligible for a commercial pilot 
certificate with a powered-lift category rating as specified in 
paragraphs (a) and (b) of this section.
    (a) An applicant who does not meet the cross-country aeronautical 
experience requirements specified in Sec.  61.129(e)(3)(ii) and (iii) 
of this chapter will be considered eligible for a commercial pilot 
certificate with a powered-lift category rating, provided the applicant 
has logged at least three cross-country flights consisting of--
    (1) One 2-hour cross-country flight in a powered-lift in daytime 
conditions that consists of a total straight-line distance of more than 
50 nautical miles from the original point of departure;
    (2) One 2-hour cross-country flight in a powered-lift in nighttime 
conditions that consists of a total straight-line distance of more than 
50 nautical miles from the original point of departure; and
    (3) An additional cross-country flight with landings at a minimum 
of three points, with one segment consisting of a straight-line 
distance of at least 50 nautical miles from the original point of 
departure. Except for the original point of departure, this additional 
cross-country flight must include landings at different points than the 
cross-country flights specified in paragraphs (a)(1) and (2) of this 
section.
    (b) An applicant who does not have the cross-country aeronautical 
experience specified in Sec.  61.129(e)(4)(i) of this chapter will be 
considered eligible for a commercial pilot certificate with a powered-
lift category, provided the applicant has logged at least two cross-
country flights with landings at a minimum of three points, with one 
segment consisting of a straight-line distance of at least 50 nautical 
miles from the original point of departure. Except for the original 
point of departure, the second cross-country flight must include 
landings at different points than the first cross-country flight.


Sec.  194.235  Alternate means to satisfy the cross-country 
aeronautical experience requirements for an instrument-powered-lift 
rating.

    (a) An applicant who does not meet the cross-country aeronautical 
experience requirements specified in Sec.  61.65(f)(2)(ii) of this 
chapter will be considered eligible for an instrument-powered-lift 
rating, provided the applicant has logged instrument time that includes 
instrument flight training on cross-country flight procedures, 
including two cross-country flights in a powered-lift, provided each 
cross-country flight--
    (1) Is conducted with either an authorized instructor or an 
instructor pilot; and
    (2) Involves--
    (i) A flight of 100 nautical miles along airways or by directed 
routing from an air traffic control facility;
    (ii) An instrument approach at each airport; and
    (iii) Three different kinds of approaches with the use of 
navigation systems.
    (b) Notwithstanding the requirements in Sec.  61.65(f)(2)(ii) of 
this chapter for the cross-country flight in a powered-lift, an 
applicant for an instrument-powered-lift rating is not required to file 
a flight plan and perform the cross-country flight under instrument 
flight rules, provided--
    (1) The powered-lift is not certificated for instrument flight; and
    (2) The applicant holds one of the following--
    (i) An instrument-airplane rating;
    (ii) An instrument-helicopter rating; or
    (iii) An airline transport pilot certificate.


Sec.  194.237  Alternate means to satisfy the cross-country 
aeronautical experience requirements for a private pilot certificate 
with a powered-lift category rating.

    Notwithstanding the eligibility requirement in Sec.  61.103(g) of 
this chapter, an applicant who does not meet the cross-country 
aeronautical experience requirements specified in Sec.  61.109(e) of 
this chapter will be considered eligible for a private pilot 
certificate with a powered-lift category rating as specified in 
paragraphs (a) and (b) of this section.
    (a) Cross-country aeronautical experience at night. An applicant 
who does not meet the cross-country aeronautical experience specified 
in Sec.  61.109(e)(2)(i) of this chapter will be considered eligible 
for a private pilot certificate with a powered-lift category rating, 
provided the applicant has received 3 hours of night flight training 
that includes two cross-country flights that are each over 50 nautical 
miles total distance.
    (b) Solo cross-country aeronautical experience. An applicant who 
does not meet the solo cross-country aeronautical experience specified 
in Sec.  61.109(e)(5)(ii) of this chapter will be considered eligible 
for a private pilot certificate with a powered-lift category rating, 
provided the applicant has completed--
    (1) One solo cross-country flight of 100 nautical miles total 
distance, with landings at three points, and one segment of the flight 
being a straight-line distance of more than 25 nautical miles between 
the takeoff and landing locations; and
    (2) An additional solo cross-country flight in a powered-lift with 
landings at a minimum of three points, with one segment consisting of a 
straight-line distance of at least 50 nautical miles from the original 
point of departure. Except for the original point of departure, the 
additional cross-country flight must include landings at different 
points than the first cross-country flight.

[[Page 39093]]

Sec.  194.239  Alternate means to satisfy minimum curriculum content in 
certain appendices to part 141 of this chapter.

    (a) Flight training minimum curriculum content. Notwithstanding the 
minimum curriculum requirements in Sec.  141.55(a) of this chapter, a 
training course for which approval is requested is not required to 
consist of training on a task specified in an area of operation listed 
in the applicable appendix to part 141, provided--
    (1) The training course for which approval is requested is for a 
powered-lift course;
    (2) The powered-lift to be used in the course is not capable of 
performing the task specified in an area of operation listed in the 
applicable appendix to part 141; and
    (3) The FAA has issued waiver authority for that task in accordance 
with Sec.  194.207(b).
    (b) Cross-country minimum curriculum content. Notwithstanding the 
minimum curriculum requirements in Sec.  141.55(a) of this chapter, a 
training course for which approval is requested is not required to meet 
the minimum curriculum content specified in appendices B, C, and D to 
part 141, provided--
    (1) The training course for which approval is requested is for a 
powered-lift course.
    (2) The minimum curriculum content that is not met may consist of 
the training specified in--
    (i) Appendix B, paragraph 4.(b)(5)(ii)(A);
    (ii) Appendix B, paragraph 5.(e)(1);
    (iii) Appendix C, paragraph 4.(c)(3)(ii);
    (iv) Appendix D, paragraph 4.(b)(5)(ii) and (iii);
    (v) Appendix D, paragraph 5.(e)(2); or
    (vi) Appendix M, paragraphs 4.(b)(4)(ii)(A), 4.(b)(4)(iii)(A), and 
5.(d)(1).
    (3) For each provision of training specified in paragraph (b)(2) of 
this section that is not met, the training course must include an 
additional cross-country flight consistent with the requirements of 
Sec. Sec.  194.233, 194.235, and 194.237.


Sec.  194.241  Alternate qualification requirements for chief 
instructors, assistant chief instructors, and check instructors.

    (a) Notwithstanding the qualification requirements in Sec. Sec.  
141.35(a)(1), 141.36(a)(1), and 141.37(a)(2)(ii) of this chapter, for a 
course of training under part 141 of this chapter that uses a powered-
lift, a person seeking designation as a chief instructor, an assistant 
chief instructor, or a check instructor for checks and tests that 
relate to flight training must meet the following requirements--
    (1) Hold a commercial pilot certificate or an airline transport 
pilot certificate with the following ratings--
    (i) A powered-lift category rating;
    (ii) A type rating for the powered-lift used in the course; and
    (iii) An instrument-powered-lift rating, if an instrument rating is 
required for the course.
    (2) Hold a current flight instructor certificate with the following 
ratings--
    (i) A powered-lift category rating; and
    (ii) An instrument-powered-lift rating, if an instrument rating is 
required for the course.
    (b) Notwithstanding the qualification requirements in Sec.  
141.37(a)(3)(ii) of this chapter, for a course of training under part 
141 of this chapter that uses a powered-lift, a person seeking 
designation as a check instructor for checks and tests that relate to 
ground training must hold a current flight instructor certificate or 
ground instructor certificate with a powered-lift category rating.


Sec.  194.243  Pilot certification through completion of training, 
testing, and checking part 135 of this chapter.

    (a) Part 135 airman certification training program. (1) Subject to 
the requirements in subpart H of part 135, a certificate holder under 
part 119 of this chapter authorized to conduct part 135 operations may 
obtain approval under Sec.  135.325 of this chapter to establish and 
implement a training curriculum to satisfy the following:
    (i) Ground training, flight training, and aeronautical experience 
requirements in Sec. Sec.  61.65 of this chapter and 194.231 for the 
addition of an instrument-powered-lift rating to a commercial pilot 
certificate;
    (ii) Ground training, flight training, and aeronautical experience 
requirements in Sec.  61.63(b) of this chapter for the addition of an 
aircraft category rating to a commercial pilot certificate; and
    (iii) Ground and flight training requirements in Sec.  61.63(d) of 
this chapter to add a type rating to a commercial pilot certificate.
    (2) No certificate holder may use a person, nor may any person 
serve, as an instructor in a training curriculum approved to meet the 
requirements of paragraph (a)(1) of this section unless, in addition to 
being qualified under Sec. Sec.  135.338 and 135.340 of this chapter, 
the person holds a flight instructor certificate with a powered-lift 
category rating and instrument-powered-lift rating issued under part 61 
of this chapter.
    (3) A certificate holder may train a pilot in a training curriculum 
approved to meet the requirements of paragraph (a)(1) of this section 
only if the pilot is employed by the certificate holder under part 119 
of this chapter and holds at least the certificates and ratings set 
forth by Sec.  194.215(a).
    (4) In addition to Sec.  135.327 of this chapter, any curriculum 
approved under paragraphs (a)(1)(i) through (iii) of this section must 
include the applicable aeronautical knowledge areas, areas of 
operation, and flight training required by part 61 of this chapter. If 
an alternative requirement is provided in this part, that alternative 
may be used.
    (b) Part 135 airman certification and checking. (1) A pilot who is 
employed by a certificate holder under part 119 of this chapter 
authorized to conduct operations under part 135 who completes the 
approved curricula in paragraphs (a)(1)(i) through (iii) of this 
section may apply to add a powered-lift category rating concurrently 
with a powered-lift instrument rating and an initial powered-lift type 
rating to a commercial pilot certificate if the person meets the 
following requirements:
    (i) Meets the requirements of Sec. Sec.  61.63(b) and 61.65(f) of 
this chapter, or if an alternative requirement is provided in this 
part, that alternative may be used;
    (ii) Has a training record endorsement from the certificate holder 
certifying that the pilot satisfactorily completed the applicable 
ground and flight training curricula in the approved part 135 airman 
certification training program; and
    (iii) Successfully completes the written or oral testing under 
Sec.  135.293(a)(2) and (3) of this chapter, a competency check under 
Sec.  135.293(b) of this chapter, and an instrument proficiency check 
under Sec.  135.297 of this chapter provided the following conditions 
are met:
    (A) The competency check includes the maneuvers and procedures 
required for the issuance of a commercial pilot certificate with a 
powered-lift category rating, for the issuance of an instrument-
powered-lift rating and for the issuance of a powered-lift type rating.
    (B) The instrument proficiency check meets the requirements of 
Sec.  135.297 of this chapter as applicable to a pilot in command (PIC) 
holding a commercial pilot certificate except that the instrument 
approaches to be included in the check must include all instrument 
approaches required for the issuance of an instrument-powered-lift 
rating and not only those for which the pilot is to

[[Page 39094]]

be authorized to perform in part 135 operations.
    (2) Sections 135.293(d) and 135.301(b) of this chapter are not 
applicable to the competency check and instrument proficiency check 
required by paragraph (b)(1)(iii) of this section.
    (3) A pilot who meets paragraph (b)(1) of this section will be 
issued a commercial pilot certificate with a powered-lift category 
rating, an instrument-powered-lift rating, and a powered-lift type 
rating.
    (c) Part 135 certification testing and checking personnel. The 
testing, competency checks, and instrument proficiency checks required 
by paragraph (b) of this section must be administered by one of the 
following:
    (1) An FAA Aviation Safety Inspector.
    (2) An Aircrew Program Designee who is authorized to perform 
competency checks and instrument proficiency checks for the certificate 
holder whose approved ground and flight training curricula has been 
satisfactorily completed by the pilot applicant.
    (3) A Training Center Evaluator with appropriate certification 
authority who is also authorized to perform competency checks and 
instrument proficiency checks for the certificate holder whose approved 
ground and flight training curricula has been satisfactorily completed 
by the pilot applicant.


Sec.  194.245  Pilot qualification and program management requirements 
to operate powered-lift under subpart K of part 91 of this chapter.

    (a) Section 91.1055(a) of this chapter applies to powered-lift 
operating under subpart K of part 91.
    (b) Reference to class of aircraft in Sec.  91.1055(b)(2) of this 
chapter is inapplicable when a powered-lift is used for the operation 
under subpart K of part 91.


Sec.  194.247  Pilot qualification requirements to operate powered-lift 
under part 135 of this chapter.

    (a) Unless otherwise directed in this chapter, powered-lift must 
continue to comply with rules applicable to aircraft specified in part 
135.
    (b) To comply with Sec.  135.3 of this chapter, each certificate 
holder that conducts commuter operations under part 135 with powered-
lift in which two pilots are required by the aircraft flight manual 
must:
    (1) Comply with subpart Y of part 121 of this chapter instead of 
the requirements of subparts G and H of part 135; and
    (2) Include in initial ground training for pilots in command and 
upgrade ground training, instruction and facilitated discussion on the 
following:
    (i) Leadership and command; and
    (ii) Mentoring, including techniques for instilling and reinforcing 
the highest standards of technical performance, airmanship, and 
professionalism in newly hired pilots.
    (3) Include the training required by paragraph (b)(2)(ii) of this 
section in recurrent ground training for pilots in command every 36 
calendar months.
    (4) Include in initial flight training for pilots in command and 
upgrade flight training, sufficient scenario-based training 
incorporating crew resource management and leadership and command 
skills, to ensure the pilot's proficiency as pilot in command.
    (c) In lieu of compliance with the operating experience 
requirements listed in Sec.  135.244(a)(1) through (4) of this chapter, 
no certificate holder may use a person, nor may any person serve, as 
pilot in command of a powered-lift unless that person possesses 20 
hours of operating experience in each make and basic model of powered-
lift to be flown.
    (d) To comply with Sec.  135.345 of this chapter, initial, 
transition, and upgrade ground training for powered-lift pilots must 
include instruction in Sec.  135.345(b)(6)(iv) of this chapter, as 
applicable.


Sec.  194.249  References to class in parts 135, 141, and 142 of this 
chapter.

    (a) References to class of aircraft in Sec. Sec.  135.4(b)(2), 
135.247(a)(1) and (2), and 135.603 of this chapter are inapplicable 
when a powered-lift is used for the operation under part 135.
    (b) Notwithstanding the course content contained in the appendices 
to part 141, references to a class rating or a class of aircraft in 
those appendices is inapplicable when a powered-lift is used for the 
course of training.
    (c) References to class of aircraft in Sec. Sec.  142.11(d)(2)(ii), 
142.49(c)(3)(iii), 142.53(b)(1), and 142.65(b)(1) of this chapter are 
inapplicable when a powered-lift or flight simulation device 
representing a powered-lift is used for the operation under part 142.


Sec.  194.251  Alternate means to satisfy minimum curriculum content in 
training courses under part 142 of this chapter.

    A training course for which approval is requested is not required 
to consist of training on a task specified in an area of operation if 
the powered-lift is not capable of performing the task, provided the 
FAA has issued waiver authority for that task in accordance with Sec.  
194.207(b).

Subpart C--Requirements for Persons Operating Powered-lift


Sec.  194.301  Applicability.

    Unless otherwise specified by this part, persons operating powered-
lift must continue to comply with rules applicable to all aircraft in 
parts 91, 135, and 136 of this chapter, as applicable to the operation.


Sec.  194.302  Airplane provisions under part 91 of this chapter 
applicable to powered-lift.

    No person may operate a powered-lift under part 91 unless that 
person complies with the regulations listed in the first column of 
table 1 to this section, notwithstanding their applicability to 
airplanes, subject to the applicability provisions in the second 
column, and any additional requirements specified in the third column:

                        Table 1 to Sec.   194.302
------------------------------------------------------------------------
                                                         Additional
         Regulation               Applicability         requirements
------------------------------------------------------------------------
(a) Section 91.9(a) and (b).  Applies to all        The requirement for
                               powered-lift.         an approved
                                                     Aircraft Flight
                                                     Manual is set forth
                                                     in the
                                                     airworthiness
                                                     criteria
                                                     established under
                                                     Sec.   21.17(b) of
                                                     this chapter.
(b) Section 91.103(b)(1)....  Applies to powered-
                               lift for which an
                               approved Aircraft
                               Flight Manual
                               containing takeoff
                               and landing
                               distance data is
                               required.
(c) Section 91.107(a)(3)(i)   Applies to all        The exception under
 through (iii).                powered-lift.         Sec.   91.107(a)(3)
                                                     for seaplane and
                                                     float equipped
                                                     rotorcraft
                                                     operations during
                                                     movement on the
                                                     surface applies to
                                                     persons pushing off
                                                     a powered-lift from
                                                     the dock or persons
                                                     mooring the powered-
                                                     lift at the dock.

[[Page 39095]]

 
(d) Section 91.113(d)(2) and  Applies to all
 (3).                          powered-lift.
(e) Section 91.126(b)(1)....  Applies to powered-   If the powered-lift
                               lift operating in     is operating in
                               wing-borne flight     vertical-lift
                               mode.                 flight mode, see
                                                     Sec.   194.303(a).
(f) Section 91.129(e)(1) and  Applies to large or
 (2), (g)(2), and (h).         turbine-powered
                               powered-lift.
(g) Section 91.129(e)(3)....  Applies to powered-
                               lift preparing to
                               land in wing-borne
                               flight mode.
(h) Section 91.129(f)(1)....  Applies to powered-   (1) If the powered-
                               lift operating in     lift is operating
                               wing-borne flight     in vertical-lift
                               mode.                 flight mode, see
                                                     Sec.   194.303(b).
                                                    (2) Section
                                                     91.129(f)(1) does
                                                     not apply when the
                                                     operator of a
                                                     powered-lift is
                                                     conducting a
                                                     circling approach
                                                     under part 97 of
                                                     this chapter or
                                                     when otherwise
                                                     requested by air
                                                     traffic control
                                                     (ATC).
(i) Section 91.131(a)(2)....  Applies to large
                               powered-lift.
(j) Section 91.151(a).......  Applies to all
                               powered-lift.
(k) Section 91.155(b)(2)....  Applies to all
                               powered-lift.
(l) Section 91.175(f)(4)(i).  Applies to powered-
                               lift operators
                               required to comply
                               with subpart I of
                               part 135 of this
                               chapter.
(m) Section 91.205(b)(11)     Applies to small      Position and anti-
 and (14).                     powered-lift.         collision lights
                                                     must meet Sec.
                                                     23.2530(b) of this
                                                     chapter.
(n) Section 91.205(d)(3)(i).  Applies to powered-
                               lift certified for
                               instrument flight
                               rules operations.
(o) Section 91.207..........  Applies to all
                               powered-lift.
(p) Section 91.219..........  Applies to all
                               powered-lift.
(q) Section 91.223(a) and     Applies to powered-   Instead of terrain
 (c).                          lift configured       awareness and
                               with 6 or more        warning system
                               passenger seats,      (TAWS), powered-
                               excluding any pilot   lift must be
                               seat.                 equipped with a
                                                     helicopter terrain
                                                     awareness and
                                                     warning system
                                                     (HTAWS) that meets
                                                     the requirements in
                                                     Technical Standard
                                                     Order (TSO)-C194
                                                     and Section 2 of
                                                     RTCA DO-309
                                                     (incorporated by
                                                     reference, see Sec.
                                                       194.109) or a FAA-
                                                     approved TAWS A/
                                                     HTAWS hybrid
                                                     system.
(r) Section 91.313(g).......  Applies to
                               restricted category
                               small powered-lift.
(s) Section 91.409(e)         Applies to            (1) Unless otherwise
 through (h).                  technically-          authorized by the
                               advanced powered-     Administrator, a
                               lift which are        technically
                               powered-lift          advanced powered-
                               equipped with an      lift must be
                               electronically        equipped with an
                               advanced system in    electronically
                               which the pilot       advanced multi-
                               interfaces with a     computer system
                               multi-computer        that includes one
                               system with           or more of the
                               increasing levels     following installed
                               of automation in      components:
                               order to aviate,     (i) An electronic
                               navigate, or          Primary Flight
                               communicate.          Display (PFD) that
                                                     includes, at a
                                                     minimum, an
                                                     airspeed indicator,
                                                     turn coordinator,
                                                     attitude indicator,
                                                     heading indicator,
                                                     altimeter, and
                                                     vertical speed
                                                     indicator;
                                                    (ii) An electronic
                                                     Multifunction
                                                     Display (MFD) that
                                                     includes, at a
                                                     minimum, a moving
                                                     map using Global
                                                     Positioning System
                                                     (GPS) navigation
                                                     with the aircraft
                                                     position displayed;
                                                    (iii) A multi-axis
                                                     autopilot
                                                     integrated with the
                                                     navigation and
                                                     heading guidance
                                                     system; and
                                                    (iv) Aircraft design
                                                     with advanced fly-
                                                     by-wire-flight
                                                     control system that
                                                     utilizes
                                                     electronically
                                                     operated controls
                                                     with no direct
                                                     mechanical link
                                                     from the pilot to
                                                     the control
                                                     surfaces.
                                                    (2) The display
                                                     elements described
                                                     in paragraphs
                                                     (s)(1)(i) and (ii)
                                                     of this section
                                                     must be
                                                     continuously
                                                     visible.
(t) Section 91.411..........  Applies to all
                               powered-lift.
(u) Section 91.501..........  Applies to large
                               powered-lift.
(v) Section 91.503..........  Applies to all        Powered-lift may
                               powered-lift          comply with Sec.
                               subject to the        91.503(a)(5) by
                               requirements of       having the
                               subpart F of part     appropriate engine
                               91.                   or multiple-engines
                                                     inoperative climb
                                                     performance data
                                                     available at the
                                                     pilot station of
                                                     the aircraft.
(w) Section 91.505..........  Applies to all
                               powered-lift
                               subject to the
                               requirements of
                               subpart F of part
                               91.
(x) Section 91.507..........  Applies to all
                               powered-lift
                               subject to the
                               requirements of
                               subpart F of part
                               91.

[[Page 39096]]

 
(y) Section 91.509..........  Applies to all        (1) Powered-lift
                               powered-lift          operating over
                               subject to the        water under Sec.
                               requirements of       91.509(a) or (b)
                               subpart F of part     may use either the
                               91.                   nearest shore or
                                                     the nearest off-
                                                     shore heliport
                                                     structure by which
                                                     to measure the
                                                     nautical mile
                                                     limits provided in
                                                     Sec.   91.509(a)
                                                     and (b).
                                                    (2) The lifeline
                                                     required by Sec.
                                                     91.509(b)(5) must
                                                     be stored in
                                                     accordance with
                                                     Sec.   25.1411(g)
                                                     of this chapter or
                                                     such airworthiness
                                                     criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.
(z) Section 91.511..........  Applies to all        Powered-lift
                               powered-lift          operating over
                               subject to the        water under Sec.
                               requirements of       91.511(a) may use
                               subpart F of part     either the nearest
                               91.                   shore or the
                                                     nearest off-shore
                                                     heliport structure
                                                     by which to measure
                                                     the nautical mile
                                                     limits provided in
                                                     Sec.   91.511(a).
(aa) Section 91.513.........  Applies to all
                               powered-lift
                               subject to the
                               requirements of
                               subpart F of part
                               91.
(bb) Section 91.515.........  Applies to all
                               powered-lift
                               subject to the
                               requirements of
                               subpart F of part
                               91.
(cc) Section 91.517.........  Applies to all
                               powered-lift
                               subject to the
                               requirements of
                               subpart F of part
                               91.
(dd) Section 91.519.........  Applies to all
                               powered-lift
                               subject to the
                               requirements of
                               subpart F of part
                               91.
(ee) Section 91.521.........  Applies to large      The safety belt and
                               powered-lift          shoulder harness
                               subject to the        required by Sec.
                               requirements of       91.521 must comply
                               subpart F of part     with Sec.   25.785
                               91.                   of this chapter or
                                                     such airworthiness
                                                     criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.
(ff) Section 91.523.........  Applies to powered-   The carry-on baggage
                               lift having a         required by Sec.
                               seating capacity of   91.523 must be
                               more than 19          stowed such that it
                               passengers subject    can withstand the
                               to the requirements   inertia forces
                               of subpart F of       specified in Sec.
                               part 91.              25.561(b)(3) of
                                                     this chapter or
                                                     such airworthiness
                                                     criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.
(gg) Section 91.525.........  Applies to all
                               powered-lift
                               subject to the
                               requirements of
                               subpart F of part
                               91.
(hh) Section 91.527(a)......  Applies to all        (1) Powered-lift
                               powered-lift          critical surfaces,
                               subject to the        as outlined in the
                               requirements of       aircraft flight
                               subpart F of part     manual for that
                               91.                   aircraft, must also
                                                     be determined to be
                                                     free of frost, ice,
                                                     or snow.
                                                    (2) Powered-lift
                                                     critical surfaces
                                                     under this section
                                                     are determined by
                                                     the manufacturer.
(ii) Section 91.527(b)(2)     Applies to all        Instead of Sec.
 and (3).                      powered-lift          91.527(b)(2) and
                               subject to the        (3), to operate
                               requirements of       instrument flight
                               subpart F of part     rules (IFR) into
                               91.                   known light or
                                                     moderate icing
                                                     conditions or VFR
                                                     into known light or
                                                     moderate icing
                                                     conditions, an
                                                     operator must
                                                     comply with Sec.
                                                     194.308(i).
(jj) Section 91.531(a)(1)     Applies to powered-
 and (2), (b), and (c).        lift subject to the
                               requirements of
                               subpart F of part
                               91 and that meet
                               the additional
                               requirements as set
                               forth in each
                               paragraph of Sec.
                               91.531.
(kk) Section 91.533.........  Applies to all
                               powered-lift
                               subject to the
                               requirements of
                               subpart F of part
                               91.
(ll) Section 91.603.........  Applies to large      The aural speed
                               powered-lift.         warning device
                                                     required by Sec.
                                                     91.603 must comply
                                                     with Sec.
                                                     25.1303(c)(1) of
                                                     this chapter or
                                                     such airworthiness
                                                     criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.
(mm) Section 91.605(b)(1)...  Applies to large      The Aircraft Flight
                               powered-lift.         Manual must contain
                                                     the takeoff weight
                                                     performance
                                                     information.
(nn) Section 91.605(b)(2)...  Applies to large      The Aircraft Flight
                               powered-lift.         Manual must contain
                                                     the landing
                                                     performance
                                                     information.
(oo) Section 91.605(b)(3),    Applies to large
 (b)(4)(ii), and (c).          powered-lift that
                               execute takeoff
                               operations using
                               wing-borne lift and
                               that have takeoff
                               performance
                               information
                               contained in the
                               aircraft flight
                               manual.

[[Page 39097]]

 
(pp) Section 91.609(c), (d),  Section 91.609(c)     (1) Operators of
 (e), (i), and (j).            applies to powered-   powered-lift having
                               lift with a           a passenger seating
                               passenger seating     configuration,
                               configuration of 10   excluding any pilot
                               or more seats;        seat, of 10 or more
                               paragraph (e) of      must comply with
                               Sec.   91.609         Sec.   194.312 or
                               applies to powered-   Sec.   194.313 in
                               lift with a           lieu of the
                               passenger seating     appendices
                               configuration of      referenced in Sec.
                               six or more seats      91.609(c)(1).
                               and for which two    (2) For compliance
                               pilots are required   with Sec.
                               by type               91.609(c)(3),
                               certification or      (e)(1), and (i),
                               operating rule;       powered-lift must
                               paragraphs (d),       comply with the
                               (i), and (j) of       certification
                               Sec.   91.609 apply   provisions listed
                               to all powered-lift   in those paragraphs
                               required to comply    or such
                               with Sec.   91.609.   airworthiness
                                                     criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.
                                                    (3) Under Sec.
                                                     91.609(d), the
                                                     flight recorder
                                                     must operate
                                                     continuously from
                                                     the earlier of when
                                                     the powered-lift
                                                     begins the takeoff
                                                     roll or begins lift-
                                                     off until the later
                                                     of when the powered-
                                                     lift completes the
                                                     landing roll or
                                                     lands at its
                                                     destination.
(qq) Section 91.613(b)(2)...  Applies to large      The thermal/acoustic
                               powered-lift.         installation
                                                     materials required
                                                     by Sec.
                                                     91.613(b)(2) must
                                                     meet the
                                                     requirements of
                                                     Sec.   25.856 of
                                                     this chapter or
                                                     such airworthiness
                                                     criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.
(rr) Section 91.1037........  Applies to large      (i) If a powered-
                               powered-lift          lift operator is
                               subject to the        required to comply
                               requirements of       with this section,
                               subpart K of part     the operator must
                               91 that are           also comply with
                               certificated to       Sec.
                               conduct landing       91.1025(o)(7).
                               operations in wing-
                               borne flight mode
                               as indicated in the
                               aircraft flight
                               manual.
(ss) Section 91.1041(b) and   Applies to all
 (d).                          powered-lift
                               subject to the
                               requirements of
                               subpart K of part
                               91.
(tt) Section 91.1045(a).....  Applies to powered-   Under Sec.
                               lift subject to the   91.1045(a)(3),
                               requirements of       instead of TAWS,
                               subpart K of part     powered-lift must
                               91 with a passenger-  be equipped with a
                               seat configuration    helicopter terrain
                               of more than 30       awareness and
                               seats or a payload    warning system
                               capacity of more      (HTAWS) that meets
                               than 7,500 pounds.    the requirements in
                                                     Technical Standard
                                                     Order (TSO)-C194
                                                     and Section 2 of
                                                     RTCA DO-309 or a
                                                     FAA-approved TAWS A/
                                                     HTAWS hybrid
                                                     system.
(uu) Section 91.1045(b).....  Applies to powered-   Compliance with Sec.
                               lift subject to the     91.1045(b)(3)
                               requirements of       requires a
                               subpart K of part     helicopter terrain
                               91 with a passenger-  awareness and
                               seat configuration    warning system that
                               of 30 seats or        complies with Sec.
                               fewer, excluding       194.307(q).
                               each crewmember,
                               and a payload
                               capacity of 7,500
                               pounds or less.
------------------------------------------------------------------------

Sec.  194.303  Rotorcraft and helicopter provisions under part 91 of 
this chapter applicable to powered-lift.

    No person may operate a powered-lift under part 91 unless that 
person complies with the regulations listed in the first column of 
table 1 to this section, notwithstanding their applicability to 
rotorcraft or helicopters, subject to the applicability provisions in 
the second column and any additional requirements specified in the 
third column.

                        Table 1 to Sec.   194.303
------------------------------------------------------------------------
                                                         Additional
         Regulation               Applicability         requirements
------------------------------------------------------------------------
(a) Section 91.126(b)(2)....  (1) Applies to        If the powered-lift
                               powered-lift          is operating in
                               operating in          wing-borne flight
                               vertical-lift         mode, see Sec.
                               flight mode.          194.302(e).
(b) Section 91.129(f)(2)....  Applies to powered-   (1) If the powered-
                               lift operating in     lift is operating
                               vertical-lift         in wing-borne
                               flight mode.          flight mode, see
                                                     Sec.   194.302(h).
                                                    (2) Section
                                                     91.129(f)(2) does
                                                     not apply when the
                                                     operator of a
                                                     powered-lift is
                                                     conducting a
                                                     circling approach
                                                     under part 97 of
                                                     this chapter or
                                                     when otherwise
                                                     requested by ATC.
------------------------------------------------------------------------

Sec.  194.304  IFR takeoff, approach, and landing minimums.

    Section 91.1039(c) of this chapter applies to all powered-lift 
operated under subpart K of part 91 of this chapter regardless of 
powerplant type.


Sec.  194.305  ATC transponder and altitude reporting equipment and 
use.

    The exceptions outlined in Sec.  91.215(b)(3) and (5) of this 
chapter for aircraft not certificated with an engine-driven electrical 
system do not apply to powered-lift.


Sec.  194.306  Applicability of copter procedures under part 97 of this 
chapter to powered-lift.

    Persons operating powered-lift may use copter procedures as defined 
in Sec.  97.3 of this chapter if the aircraft is certified for 
instrument flight rule operations and does not contain a limitation 
prohibiting use of such procedures in its Aircraft Flight Manual.

[[Page 39098]]

Sec.  194.307  Airplane provisions under part 135 of this chapter 
applicable to powered-lift.

    No person may operate a powered-lift under part 135 unless that 
person complies with the regulations listed in the first column of 
table 1 to this section, notwithstanding their applicability to 
airplanes, subject to the applicability provisions in the second column 
and any additional requirements specified in the third column.

                        Table 1 to Sec.   194.307
------------------------------------------------------------------------
                                                         Additional
         Regulation               Applicability         requirements
------------------------------------------------------------------------
(a) Section 135.23(r)(7)....  Applies to powered-
                               lift required to
                               comply with Sec.
                               135.385 as set
                               forth in paragraphs
                               (qq) and (rr) of
                               this section.
(b) Section 135.93(a)         Applies to all
 through (f).                  powered-lift.
(c) Section 135.128(a)......  Applies to all        The exception under
                               powered-lift.         Sec.   135.128(a)
                                                     for seaplane and
                                                     float equipped
                                                     rotorcraft
                                                     operations during
                                                     movement on the
                                                     surface applies to
                                                     persons pushing off
                                                     a powered-lift from
                                                     the dock or persons
                                                     mooring the powered-
                                                     lift at the dock.
(d) Section 135.145(b)......  Applies to all
                               powered-lift unless
                               the certificate
                               holder has
                               previously proven a
                               powered-lift under
                               part 135.
(e) Section 135.145(d)(1)...  Applies to all
                               powered-lift unless
                               a powered-lift of
                               the same make or
                               similar design has
                               been proven or
                               validated by that
                               certificate holder
                               under part 135.
(f) Section 135.150(a)(7)...  Applies to large      The public address
                               powered-lift with a   system required by
                               passenger seating     Sec.
                               configuration,        135.150(a)(7) must
                               excluding any pilot   comply with Sec.
                               seat, of more than    25.1423 of this
                               19.                   chapter or such
                                                     airworthiness
                                                     criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.
(g) Section 135.150(b)(7)...  Applies to large      (i) The crewmember
                               powered-lift with a   interphone system
                               passenger seating     must comply with
                               configuration,        the requirements of
                               excluding any pilot   Sec.
                               seat, of more than    135.150(b)(7) or
                               19.                   such airworthiness
                                                     criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.
(h) Section 135.151(a)......  Applies to powered-   The cockpit voice
                               lift with a           recorder must be
                               passenger seating     installed and
                               configuration of      equipped in
                               six or more seats     accordance with the
                               and for which two     certification
                               pilots are required   provisions listed
                               by certification or   in Sec.
                               operating rules.      135.151(a)(1) or
                                                     such airworthiness
                                                     criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.
(i) Section 135.151(b)......  (A) Applies to        The cockpit voice
                               powered-lift with a   recorder must be
                               passenger seating     installed and
                               configuration of 20   equipped in
                               or more seats.        accordance with the
                                                     certification
                                                     provisions listed
                                                     in Sec.
                                                     135.151(b)(1) or
                                                     such airworthiness
                                                     criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.
(j) Section 135.151(d)......  (B) Applies to large  The cockpit voice
                               powered-lift or       recorder required
                               powered-lift          by Sec.
                               equipped with a       135.151(d) must
                               cockpit voice         record the
                               recorder.             uninterrupted audio
                                                     signal received by
                                                     a boom or mask
                                                     microphone in
                                                     accordance with
                                                     Sec.
                                                     25.1457(c)(5) of
                                                     this chapter or
                                                     such airworthiness
                                                     criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.
(k) Section 135.151(g)(1)...  (C) Applies to        The cockpit voice
                               powered-lift with a   recorder must be
                               passenger seating     installed and
                               configuration of      equipped in
                               six or more seats,    accordance with the
                               for which two         appropriate
                               pilots are required   certification
                               by certification or   provisions listed
                               operating rules,      in Sec.
                               and that are          135.151(g)(1)(i)
                               required to have a    and (iv) or such
                               flight data           airworthiness
                               recorder under Sec.   criteria as the FAA
                                 135.152.            may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.
(l) Section 135.151(g)(2)...  (D) Applies to        The cockpit voice
                               powered-lift with a   recorder must be
                               passenger seating     installed and
                               configuration of 20   equipped in
                               or more seats and     accordance with the
                               that is required to   appropriate
                               have a flight data    certification
                               recorder under Sec.   provisions listed
                                 135.152.            in Sec.
                                                     135.151(g)(2)(i)
                                                     and (iv) or such
                                                     airworthiness
                                                     criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.
(m) Section 135.151(h)......  (E) Applies to
                               powered-lift
                               required to have a
                               cockpit voice
                               recorder and a
                               flight data
                               recorder with
                               installed datalink
                               communication
                               equipment.
(n) Section 135.152(c), (d),  (1) Applies to        (1) The flight
 (f), and (j).                 powered-lift with a   recorder must be
                               passenger seating     installed and
                               configuration,        equipped in
                               excluding             accordance with the
                               crewmember seats,     appropriate
                               of 10 to 30.          certification
                                                     provisions listed
                                                     in Sec.   135.152
                                                     or such
                                                     airworthiness
                                                     criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.

[[Page 39099]]

 
                                                    (2) Certificate
                                                     holders must keep
                                                     the recorded data
                                                     until the powered-
                                                     lift has been
                                                     operating for at
                                                     least 25 hours.
                                                    (3) The powered-lift
                                                     flight recorder
                                                     must be operated
                                                     continuously from
                                                     the instant the
                                                     powered-lift begins
                                                     the takeoff roll or
                                                     lift-off until the
                                                     landing is
                                                     completed.
(o) Section 135.152(a)......  Paragraph (a) of      Powered-lift
                               Sec.   135.152        operators must
                               applies to powered-   comply with Sec.
                               lift with a           194.314 or Sec.
                               passenger seating     194.315 in lieu of
                               configuration of 10   the appendices
                               to 19 seats.          referenced in Sec.
                                                      135.152.
(p) Section 135.152(b)        Paragraphs (b)
 introductory text and         introductory text
 (b)(3).                       and (b)(3) of Sec.
                                135.152 apply to
                               powered-lift with a
                               passenger seating
                               configuration of 20
                               to 30 seats.
(q) Section 135.154(a) and    Applies to powered-   Instead of TAWS,
 (c).                          lift configured       powered-lift must
                               with 6 or more        be equipped with a
                               passenger seats,      helicopter terrain
                               excluding any pilot   awareness and
                               seat.                 warning system
                                                     (HTAWS) that meets
                                                     the requirements in
                                                     Technical Standard
                                                     Order (TSO)-C194
                                                     and Section 2 of
                                                     RTCA DO-309
                                                     (incorporated by
                                                     reference, see Sec.
                                                       194.109) or a FAA-
                                                     approved TAWS A/
                                                     HTAWS hybrid
                                                     system.
(r) Section 135.158.........  Applies to powered-
                               lift equipped with
                               a flight instrument
                               pitot heating
                               system.
(s) Section 135.159(a)(1)...  Applies to powered-
                               lift with a third
                               attitude instrument
                               system that meets
                               the requirements of
                               paragraph (a)(1) of
                               Sec.   135.159.
(t) Section 135.165(d)......  Applies to powered-
                               lift having a
                               passenger seat
                               configuration,
                               excluding any pilot
                               seat, of 10 seats
                               or more, or a
                               powered-lift in a
                               commuter operation,
                               as defined in part
                               119 of this chapter.
(u) Section 135.165(g)(1)...  Applies to powered-
                               lift for purposes
                               of approving a
                               single long-range
                               navigation system
                               and a single long-
                               range communication
                               system for extended
                               over-water
                               operations.
(v) Section 135.169(a)......  Applies to large      (i) Powered-lift
                               powered-lift.         must comply with
                                                     appropriate
                                                     certification
                                                     provisions listed
                                                     in Sec.
                                                     135.169(a) or such
                                                     airworthiness
                                                     criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.
(w) Section 135.169(b)(8)...  Applies to small      (i) Small powered-
                               powered-lift with a   lift with a
                               passenger seating     passenger seating
                               configuration of 10   configuration of 10
                               seats or more.        seats or more must
                                                     comply with the
                                                     applicable
                                                     requirements under
                                                     part 23 of this
                                                     chapter referenced
                                                     in Sec.
                                                     135.169(b)(8) or
                                                     such airworthiness
                                                     criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.
(x) Section 135.169(d)......  (1) Applies to large  The cargo and
                               powered-lift with a   baggage
                               cargo or baggage      compartments
                               compartment of 200    required by Sec.
                               cubic feet or         135.169(d) must
                               greater.              comply with the
                                                     certification
                                                     provisions listed
                                                     in that paragraph
                                                     or such
                                                     airworthiness
                                                     criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.
(y) Section 135.170(b)(1)...  Applies to large      Powered-lift must
                               powered-lift and      comply with
                               paragraph             appropriate
                               (b)(1)(ii) of Sec.    certification
                                135.170 applies to   provisions listed
                               large powered-lift    in Sec.
                               with a passenger      135.170(b)(1) or
                               capacity of 20 or     such airworthiness
                               more.                 criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.
(z) Section 135.170(b)(2)...  Applies to large      The seat cushions
                               powered-lift.         required by Sec.
                                                     135.170(b)(2) must
                                                     comply with Sec.
                                                     25.853 of this
                                                     chapter or such
                                                     airworthiness
                                                     criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.
(aa) Section 135.170(c)(2)..  Applies to large      The seat cushions
                               powered-lift.         required by Sec.
                                                     135.170(c)(2) must
                                                     comply with Sec.
                                                     25.856 of this
                                                     chapter or such
                                                     airworthiness
                                                     criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.
(bb) Section 135.178........  Applies to powered-   The additional
                               lift having a         emergency equipment
                               passenger-seating     must comply with
                               configuration of      appropriate
                               more than 19 seats.   certification
                                                     provisions listed
                                                     in Sec.   135.178
                                                     or such
                                                     airworthiness
                                                     criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.

[[Page 39100]]

 
(cc) Section 135.180........  Applies to powered-   The aircraft flight
                               lift with a           manual must contain
                               passenger seat        the information
                               configuration,        outlined in Sec.
                               excluding any pilot   135.180(b).
                               seat, of 10 to 30
                               seats.
(dd) Section 135.203(a).....  Applies to all
                               powered-lift.
(ee) Section 135.205(a).....  Applies to all
                               powered-lift.
(ff) Section 135.209(a).....  Applies to all
                               powered-lift.
(gg) Section 135.225(e).....  Applies to all
                               powered-lift.
(hh) Section 135.227(b)(1)    Applies to all        (1) Powered-lift
 through (3).                  powered-lift.         critical surfaces,
                                                     as outlined in the
                                                     aircraft flight
                                                     manual for that
                                                     aircraft, must also
                                                     be determined to be
                                                     free of frost, ice,
                                                     or snow.
                                                    (2) Powered-lift
                                                     critical surfaces
                                                     under this section
                                                     are determined by
                                                     the manufacturer.
                                                    (3) For IFR and VFR
                                                     flight into certain
                                                     icing conditions,
                                                     see Sec.
                                                     194.308(i).
(ii) Section 135.361(a).....  As applicable to
                               each powered-lift
                               considering size
                               and certification
                               basis.
(jj) Section 135.363(a)       As applicable to
 through (e).                  each powered-lift,
                               regardless of power
                               plant type,
                               considering size
                               and certification
                               basis.
(kk) Section 135.363(f).....  Applies to powered-
                               lift that must
                               comply with Sec.
                               Sec.   135.365
                               through 135.387 as
                               set forth in
                               paragraphs (mm)
                               through (ss) of
                               this section.
(ll) Section 135.379(a) and   Applies to large      The Aircraft Flight
 (d).                          powered-lift.         Manual must contain
                                                     the takeoff weight
                                                     performance
                                                     information.
(mm) Section 135.379(c),      Applies to large      The accelerate-stop
 (e), (f), and (g).            powered-lift          distance required
                               certificated to       by Sec.
                               conduct takeoff       135.179(c)(1) must
                               operations that       comply with Sec.
                               utilize wing-borne    25.109 of this
                               lift as indicated     chapter or such
                               in the aircraft       airworthiness
                               flight manual.        criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.
(nn) Section 135.381........  Applies to large
                               powered-lift.
(oo) Section 135.383(c).....  Applies to large
                               powered-lift.
(pp) Section 135.385(a).....  Applies to large      The Aircraft Flight
                               powered-lift.         Manual must contain
                                                     the landing weight
                                                     performance
                                                     information.
(qq) Section 135.385(b),      Applies to large      Paragraph (f) of
 (d), (e), and (f).            powered-lift          Sec.   135.385 only
                               certificated to       applies to eligible
                               conduct landing       on-demand
                               operations that       operators.
                               utilize wing-borne
                               lift and that have
                               landing performance
                               information
                               contained in the
                               aircraft flight
                               manual.
(rr) Section 135.387(a) and   Applies to large      (1) Powered-lift
 (b).                          powered-lift          operating under
                               certificated to       Sec.   135.387(a)
                               conduct landing       must be able to
                               operations that       complete a full
                               utilize wing-borne    stop landing within
                               lift and that have    60 percent of the
                               landing performance   effective length of
                               information           the runway.
                               contained in the     (2) Paragraph (b) of
                               aircraft flight       Sec.   135.387 only
                               manual.               applies to eligible
                                                     on-demand
                                                     operators.
(ss) Section 135.397(b).....  Applies to small      The Aircraft Flight
                               powered-lift having   Manual must contain
                               a passenger-seating   the takeoff and
                               configuration of      landing weight
                               more than 19 seats    performance
                               and that utilize      information.
                               wing-borne lift
                               during takeoff and
                               landing.
------------------------------------------------------------------------

Sec.  194.308  Rotorcraft and helicopter provisions under part 135 of 
this chapter applicable to powered-lift.

    No person may operate a powered-lift under part 135 unless that 
person complies with the regulations listed in the first column of 
table 1 to this section, notwithstanding their applicability to 
rotorcraft or helicopters, subject to the applicability provisions in 
the second column and any additional requirements specified in the 
third column.

                        Table 1 to Sec.   194.308
------------------------------------------------------------------------
                                                         Additional
         Regulation               Applicability         requirements
------------------------------------------------------------------------
(a) Section 135.1(a)(9).....  Applies to powered-   ....................
                               lift conducting
                               operations in
                               accordance with
                               subpart L of part
                               135.
(b) Section 135.117(a)(9)...  Applies to powered-   ....................
                               lift conducting
                               operations beyond
                               the autorotational
                               distance from the
                               shoreline, as
                               defined in Sec.
                               135.168(a), or
                               gliding distance of
                               a shoreline.
(c) Section 135.160.........  Applies to all        ....................
                               powered-lift.
(d) Section 135.163(g)......  Applies to all        The two required
                               powered-lift.         generators may be
                                                     mounted on a
                                                     drivetrain that is
                                                     driven by two
                                                     separate
                                                     powerplants as
                                                     outlined in Sec.
                                                     135.163(g) for
                                                     multi-engine
                                                     helicopters.
(e) Section 135.168.........  Applies to powered-   ....................
                               lift operating
                               beyond
                               autorotational
                               distance or gliding
                               distance from the
                               shoreline.
(f) Section 135.181(b)......  Applies to powered-   ....................
                               lift conducting
                               offshore passenger
                               operations.

[[Page 39101]]

 
(g) Section 135.183(d)......  Applies if the        ....................
                               powered-lift is
                               equipped with
                               flotation devices
                               and carrying
                               passengers over
                               water.
(h) Section 135.207.........  Applies if the        ....................
                               powered-lift does
                               not have the flight
                               instrumentation
                               listed in Sec.
                               135.159 installed
                               and operable.
(i) Section 135.227(d)......  Applies to powered-   For critical
                               lift that are type    surfaces
                               certificated and      requirements, see
                               appropriately         Sec.   194.307(ii).
                               equipped for
                               operations in
                               certain icing
                               conditions.
(j) Section                   Applies to powered-   If a powered-lift is
 135.229(b)(2)(ii).            lift taking off or    not landing in
                               landing in vertical-  vertical flight
                               lift flight mode      mode and not
                               and equipped with     equipped with
                               landing lights        landing lights
                               oriented in a         oriented in a
                               direction that        direction that
                               enables the pilot     enables the pilot
                               to see a landing      to see a landing
                               area marked by        area marked by
                               reflective material.  reflective
                                                     material, the
                                                     powered-lift must
                                                     land at an airport
                                                     with boundary or
                                                     runway marker
                                                     lights.
(k) Section 135.271.........  Applies to powered-   ....................
                               lift conducting
                               operations in
                               accordance with
                               subpart L of part
                               135.
(l) Section 135.429(d)......  Applies to powered-   ....................
                               lift that operate
                               in remote areas or
                               sites.
(m) Section 135.601.........  Applies to powered-   ....................
                               lift conducting
                               operations in
                               accordance with
                               subpart L of part
                               135.
(n) Section 135.603.........  Applies to powered-   See Sec.   194.221
                               lift conducting       for references to
                               operations in         class in part 135.
                               accordance with
                               subpart L of part
                               135.
(o) Section 135.605.........  Applies to powered-   Powered-lift must be
                               lift conducting       equipped with a
                               operations in         helicopter terrain
                               accordance with       awareness and
                               subpart L of part     warning system
                               135.                  (HTAWS) that meets
                                                     the requirements in
                                                     Technical Standard
                                                     Order (TSO)-C194
                                                     and Section 2 of
                                                     RTCA DO-309
                                                     (incorporated by
                                                     reference, see Sec.
                                                       194.109) or a FAA-
                                                     approved TAWS A/
                                                     HTAWS hybrid
                                                     system.
(p) Section 135.607.........  Applies to powered-   ....................
                               lift conducting
                               operations in
                               accordance with
                               subpart L of part
                               135.
(q) Section 135.609.........  Applies to powered-   (1) For
                               lift conducting       nonmountainous
                               operations in         local flying areas,
                               accordance with       powered-lift must
                               subpart L of part     comply with the
                               135.                  following weather
                                                     minimums:
                                                    (ii) During day
                                                     operations, a
                                                     ceiling of 800 feet
                                                     and visibility of 2
                                                     SM; and
                                                    (iii) During night
                                                     operations, a
                                                     ceiling of 1500
                                                     feet and visibility
                                                     of 3 SM.
                                                    (2) For
                                                     nonmountainous, non-
                                                     local flying areas,
                                                     powered-lift must
                                                     comply with the
                                                     following weather
                                                     minimums:
                                                    (i) During day
                                                     operations, a
                                                     ceiling of 800 feet
                                                     and visibility of 3
                                                     SM; and
                                                    (ii) During night
                                                     operations, a
                                                     ceiling of 1500
                                                     feet and visibility
                                                     of 3 SM.
                                                    (3) For mountainous
                                                     local flying areas,
                                                     powered-lift must
                                                     comply with the
                                                     following weather
                                                     minimums:
                                                    (i) During day
                                                     operations, a
                                                     ceiling of 800 feet
                                                     and visibility of 3
                                                     SM; and
                                                    (ii) During night
                                                     operations, a
                                                     ceiling of 2500
                                                     feet and visibility
                                                     of 3 SM.
                                                    (4) For mountainous
                                                     non-local flying
                                                     areas, powered-lift
                                                     must comply with
                                                     the following
                                                     weather minimums:
                                                    (i) During day
                                                     operations, a
                                                     ceiling of 1000
                                                     feet and visibility
                                                     of 3 SM; and
                                                    (ii) During night
                                                     operations, a
                                                     ceiling of 2500
                                                     feet and visibility
                                                     of 5 SM.
(r) Section 135.611.........  Applies to powered-   ....................
                               lift conducting
                               operations in
                               accordance with
                               subpart L of part
                               135.
(s) Section 135.613.........  Applies to powered-   (1) Section
                               lift conducting       135.613(a)(1) only
                               operations in         applies to powered-
                               accordance with       lift equipped and
                               subpart L of part     certified to
                               135.                  conduct PinS
                                                     approaches
                                                     annotated with a
                                                     ``Proceed VFR''
                                                     segment.
                                                    (2) The applicable
                                                     weather minimums
                                                     under Sec.
                                                     135.613(a)(2) are:
                                                    (i) For Day
                                                     Operations: No less
                                                     than a 1000-foot
                                                     ceiling and 2
                                                     statute miles
                                                     flight visibility;
                                                     and
                                                    (ii) For Night
                                                     Operations: No less
                                                     than a 1500-foot
                                                     ceiling and 3
                                                     statute miles
                                                     flight visibility.
                                                    (3) Under Sec.
                                                     135.613, the VFR
                                                     weather minimums
                                                     outlined in
                                                     paragraphs
                                                     (b)(1)(ii)(A) and
                                                     (B) apply.

[[Page 39102]]

 
(t) Section 135.615.........  Applies to powered-   (1) Under Sec.
                               lift conducting       135.615, the
                               operations in         minimums outlined
                               accordance with       in paragraphs
                               subpart L of part     (a)(3)(ii)(A) and
                               135.                  (B) apply.
                                                    (2) Under Sec.
                                                     135.615(b)(1) and
                                                     (2), while
                                                     conducting VFR
                                                     operations, the
                                                     pilot in command
                                                     must ensure that
                                                     all terrain and
                                                     obstacles along the
                                                     route of flight are
                                                     cleared vertically
                                                     by no less than the
                                                     following:
                                                    (i) During the day,
                                                     500 feet above the
                                                     surface or 500 feet
                                                     horizontally from
                                                     any obstacle; or
                                                    (ii) At night, at an
                                                     altitude of 1,000
                                                     feet above the
                                                     highest obstacle
                                                     within a horizontal
                                                     distance of 5 miles
                                                     from the course
                                                     intended to be
                                                     flown or, in
                                                     designated
                                                     mountainous
                                                     terrain, 2,000 feet
                                                     above the highest
                                                     obstacle within a
                                                     horizontal distance
                                                     of 5 miles from the
                                                     course intended to
                                                     be flown.
(u) Section 135.617.........  Applies to powered-   ....................
                               lift conducting
                               operations in
                               accordance with
                               subpart L this part
                               135.
(v) Section 135.619.........  Applies to powered-   ....................
                               lift operators with
                               10 or more powered-
                               lift, helicopters,
                               or any combination
                               thereof, assigned
                               to the certificate
                               holder's operations
                               specifications for
                               air ambulance
                               operations.
(w) Section 135.621.........  Applies to powered-   ....................
                               lift conducting
                               operations in
                               accordance with
                               subpart L of part
                               135.
------------------------------------------------------------------------

Sec.  194.309  Applicability of rules for eligible on-demand 
operations.

    No person may operate a powered-lift in an eligible on-demand 
operation under part 135 of this chapter without complying with the 
requirements specified for the second in command of a fixed-wing 
aircraft contained in Sec.  135.4(a)(3) of this chapter.


Sec.  194.310  Applicability of national air tour safety standards 
under part 136 of this chapter to powered-lift.

    (a) No person may operate a powered-lift under part 136 without 
complying with the requirements specified for airplanes contained in 
the following regulations in part 136:
    (1) Section 136.9(b)(2) applies to powered-lift operating in wing-
borne flight mode within power-off gliding distance to the shoreline.
    (2) [Reserved]
    (b) No person may operate a powered-lift under part 136 without 
complying with the requirements specified for helicopter or rotorcraft 
contained in the following regulations in part 136:
    (1) Suitable landing area, as defined in Sec.  136.1, applies to 
powered-lift conducting commercial air tours;
    (2) Section 136.11(a)(2), (b), and (c) apply to powered-lift 
operating in vertical-lift flight mode while conducting commercial air 
tours over water beyond the auto-rotational or gliding distance from 
the shoreline;
    (3) Section 136.13; and
    (4) Appendix A to part 136 as follows:
    (i) Section 3 applies to all powered-lift operators conducting air 
tours in Hawaii beyond the shore of any island;
    (ii) Section 4; and
    (iii) Section 5 applies to powered-lift with aircraft flight 
manuals containing height velocity information.


Sec.  194.311  Applicability of flight instruction; Simulated 
instrument flight.

    The requirement to hold the appropriate category and class rating 
in Sec.  91.109(c)(1)(i) of this chapter is not applicable to 
operations conducted to meet alternate aeronautical experience 
requirements set forth in Sec. Sec.  194.225, 194.227, and 194.229.


Sec.  194.312  Powered-lift in vertical-lift flight mode, flight 
recorder specifications under part 91 of this chapter.

                                            Table 1 to Sec.   194.312
----------------------------------------------------------------------------------------------------------------
                                                     Installed system
                                                       \1\ minimum     Sampling interval
           Parameters                  Range           accuracy (to       (per second)     Resolution 3 read out
                                                     recovered data)
----------------------------------------------------------------------------------------------------------------
Relative Time (From Recorded on  4 hr minimum.....  0.125% per
                                                     hour.
Indicated Airspeed.............  VM in to VD        5% or  1................  1 kt.
                                  (KIAS) (minimum    10
                                  airspeed signal    kts., whichever
                                  attainable with    is greater.
                                  installed pilot-
                                  static system).
Altitude.......................  -1,000 ft. to      100    1................  25 to 150 ft.
                                  20,000 ft.         to 700 ft.
                                  altitude.          (see Table 1,
                                                     TSO C51-a).
Magnetic Heading...............  360[deg].........  5[deg].
Vertical Acceleration..........  -3g to + 6g......  0.2g   4 (or 1 per        0.05g.
                                                     in addition to     second where
                                                     0.3g   peaks, ref. to
                                                     maximum datum.     1g are recorded).
Longitudinal Acceleration......  1.0g.  1.5%   2................  0.03g.
                                                     max. range
                                                     excluding datum
                                                     error of 5%.
Pitch Attitude.................  100% of usable     2[deg].
Roll Attitude..................  60 or  2[deg].
                                  range, whichever
                                  is greater.
Altitude Rate..................  8,000  10%    1................  250 fpm below 12,000.
                                  fpm.               Resolution 250
                                                     fpm below 12,000
                                                     ft. indicated.
Engine Power, Each Engine:
    Main Rotor Speed...........  Maximum Range....  5%...  1................  1%.\2\

[[Page 39103]]

 
    Free or Power Turbine......  Maximum Range....  5%...  1................  1%.\2\
    Engine Torque..............  Maximum Range....  5%...  1................  1%.\2\
Flight Control Hydraulic
 Pressure:
    Primary (Discrete).........  High/Low.........  .................  1................
    Secondary--if applicable     High/Low.........  .................  1................
     (Discrete).
    Radio Transmitter Keying     On/Off...........  .................  1................
     (Discrete).
    Autopilot Engaged            Engaged or         .................  1................
     (Discrete).                  Disengaged.
    SAS Status--Engaged          Engaged or         .................  1................
     (Discrete).                  Disengaged.
    SAS Fault Status (Discrete)  Fault/OK.........  .................  1................
Flight Controls:
    Pilot Inputted--Primary      Full range.......  3%...  2................  1%.\2\
     Controls (i.e., Ascent,
     descent, acceleration and
     deceleration, heading and
     directional control for
     all axis).
    Controllable Stabilator      Full range.......  3%...  2................  1%.\2\
     Position.
----------------------------------------------------------------------------------------------------------------
\1\ When data sources are aircraft instruments (except altimeters) of acceptable quality to fly the aircraft the
  recording system excluding these sensors (but including all other characteristics of the recording system)
  shall contribute no more than half of the values in this column.
\2\ Percent of full range.

Sec.  194.313  Powered-lift in wing-borne flight mode, flight recorder 
specifications under part 91 of this chapter.

                                            Table 1 to Sec.   194.313
----------------------------------------------------------------------------------------------------------------
                                                     Installed system
                                                       \1\ minimum     Sampling interval
           Parameters                  Range           accuracy (to       (per second)      Resolution read out
                                                     recovered data)
----------------------------------------------------------------------------------------------------------------
Relative Time (From Recorded on  8 hr minimum.....  0.125% per
                                                     hour.
Indicated Airspeed.............  Vso to VD (KIAS).  5% or  1................  1%.\3\
                                                     10
                                                     kts., whichever
                                                     is greater.
                                                     Resolution 2
                                                     kts. below 175
                                                     KIAS.
Altitude.......................  -1,000 ft. to max  100    1................  25 to 150 ft.
                                  cert. alt. of A/   to 700 ft.
                                                     (see Table 1,
                                                     TSO C51-a).
Magnetic Heading...............  360[deg].........  5[deg].
Vertical Acceleration..........  -3g to + 6g......  0.2g   4 (or 1 per        0.03g.
                                                     in addition to     second where
                                                     0.3g   peaks, ref. to
                                                     maximum datum.     1g are recorded).
Longitudinal Acceleration......  1.0g.  1.5%   2................  0.01g.
                                                     max. range
                                                     excluding datum
                                                     error of 5%.
Pitch Attitude.................  100% of usable...  2[deg].
Roll Attitude..................  60[deg] or   minus>2[deg].
                                  100% of usable
                                  range, whichever
                                  is greater.
Stabilizer Trim Position, or     Full Range.......  3%     1................  1%.\3\
 Pitch Control Position.                             unless higher
                                                     uniquely
                                                     required.
Engine Power, Each Engine......  Full Range.......  3%     1................  1%.\3\
                                                     unless higher
                                                     uniquely
                                                     required.
Fan or N\1\ Speed or EPR or      Maximum Range....  5%...  1................  1%.\3\
 Cockpit indications Used for
 Aircraft Certification OR.
Prop. speed and Torque (Sample   .................  .................  1 (prop Speed)...  1%.\3\
 Once/Sec as Close together as                                         1 (torque).......  1%.\3\
 Practicable).
Altitude Rate \2\ (need depends  8,000  10%.   1................  250 fpm. below 12,000.
 on altitude resolution).         fpm.               Resolution 250
                                                     fpm below 12,000
                                                     ft. indicated.
Angle of Attack \2\ (need        -20[deg] to        2[deg].
 resolution).                     of usable range.
Radio Transmitter Keying         On/Off...........  .................  1................
 (Discrete).
TE Flaps (Discrete or Analog)..  Each discrete      .................  1................
                                  position (U, D,
                                  T/O, AAP) OR.
LE Flaps (Discrete or Analog)..  Analog 0-100%      3%...  1................  1%.\3\
                                  range.
                                 Each discrete      .................  1................
                                  position (U, D,
                                  T/O, AAP) OR.
Thrust Reverser, Each Engine     Analog 0-100%      3[deg].
                                 Stowed or full
                                  reverse.
Spoiler/Speedbrake (Discrete)..  Stowed or out....  .................  1................
Autopilot Engaged (Discrete)...  Engaged or         .................  1................
                                  Disengaged.
----------------------------------------------------------------------------------------------------------------
\1\ When data sources are aircraft instruments (except altimeters) of acceptable quality to fly the aircraft the
  recording system excluding these sensors (but including all other characteristics of the recording system)
  shall contribute no more than half of the values in this column.
\2\ If data from the altitude encoding altimeter (100 ft. resolution) is used, then either one of these
  parameters should also be recorded. If, however, altitude is recorded at a minimum resolution of 25 feet, then
  these two parameters can be omitted.
\3\ Percent of full range.


[[Page 39104]]

Sec.  194.314  Powered-lift in vertical-lift flight mode, flight 
recorder specifications under part 135 of this chapter.

                                            Table 1 to Sec.   194.314
----------------------------------------------------------------------------------------------------------------
                                                     Installed system
                                                       \1\ minimum     Sampling interval
           Parameters                  Range           accuracy (to       (per second)      Resolution read out
                                                     recovered data)
----------------------------------------------------------------------------------------------------------------
Relative time (from recorded on  25 hr minimum....  0.125% per
                                                     hour.
Indicated airspeed.............  Vm in to VD        5% or  1................  1 kt.
                                  (KIAS) (minimum    10
                                  airspeed signal    kts., whichever
                                  attainable with    is greater.
                                  installed pilot-
                                  static system).
Altitude.......................  -1,000 ft. to      100    1................  25 to 150 ft.
                                  20,000 ft.         to 700 ft.
                                  altitude.          (see Table 1,
                                                     TSO C51-a).
Magnetic heading...............  360[deg].........  5[deg].
Vertical acceleration..........  -3g to + 6g......  0.2g   4 (or 1 per        0.05g.
                                                     in addition to     second where
                                                     0.3g   peaks, ref. to
                                                     maximum datum.     1g are recorded).
Longitudinal acceleration......  1.0g.  1.5%   2................  0.03g.
                                                     max. range
                                                     excluding datum
                                                     error of 5%.
Pitch attitude.................  100% of usable     2[deg].
Roll attitude..................  60[deg] or   minus>2[deg].
                                  100% of usable
                                  range, whichever
                                  is greater.
Altitude rate..................  8,000  10%    1................  250 fpm below 12,000.
                                  fpm.               Resolution 250
                                                     fpm below 12,000
                                                     ft. indicated.
Engine Power, Each Engine:
    Main rotor speed...........  Maximum range....  5%...  1................  1%.\2\
    Free or power turbine......  Maximum range....  +5%..............  1................  1%.\2\
    Engine torque..............  Maximum range....  5%...  1................  1%.\2\
Flight Control--Hydraulic
 Pressure:
    Primary (discrete).........  High/low.........  .................  1................  ......................
    Secondary--if applicable     High/low.........  .................  1................  ......................
     (discrete).
    Radio transmitter keying     On/off...........  .................  1................  ......................
     (discrete).
    Autopilot engaged            Engaged or         .................  1................  ......................
     (discrete).                  disengaged.
    SAS status--engaged          Engaged/           .................  1................  ......................
     (discrete).                  disengaged.
    SAS fault status (discrete)  Fault/OK.........  .................  1................  ......................
Flight Controls:
    Primary Controls (I.E.       Full range.......  3%...  2................  1%.\2\
     Ascent, descent,
     acceleration and
     deceleration, heading and
     directional control for
     all axis) \3\.
    Controllable Stabilator      Full range.......  3%...  2................  1%.\2\
     Position \3\.
----------------------------------------------------------------------------------------------------------------
\1\ When data sources are aircraft instruments (except altimeters) of acceptable quality to fly the aircraft the
  recording system excluding these sensors (but including all other characteristics of the recording system)
  shall contribute no more than half of the values in this column.
\2\ Percent of full range.
\3\ For all aircraft manufactured on or after December 6, 2010, the sampling interval per second is 4.

Sec.  194.315  Powered-lift in wing-borne flight mode, flight recorder 
specification under part 135 of this chapter.

                                            Table 1 to Sec.   194.315
----------------------------------------------------------------------------------------------------------------
                                                     Installed system
                                                       \1\  minimum    Sampling interval
           Parameters                  Range          accuracy  (to       (per second)      Resolution read out
                                                     recovered data)
----------------------------------------------------------------------------------------------------------------
Relative time (from recorded on  25 hr minimum....  0.125% per
                                                     hour.
Indicated airspeed.............  Vso to VD (KIAS).  5% or  1................  1%.\3\
                                                     10
                                                     kts., whichever
                                                     is greater.
                                                     Resolution 2
                                                     kts. below 175
                                                     KIAS.
Altitude.......................  -1,000 ft. to max  100    1................  25 to 150.
                                  cert. alt. of A/   to 700 ft.
                                                     (see Table 1,
                                                     TSO C51-a).
Magnetic heading...............  360[deg].........  5[deg].
Vertical acceleration..........  -3g to + 6g......  0.2g   4 (or 1 per        0.03g.
                                                     in addition to     second where
                                                     0.3g   peaks, ref. to
                                                     maximum datum.     1g are recorded).
Longitudinal acceleration......  1.0g.  1.5%   2................  0.01g.
                                                     max. range
                                                     excluding datum
                                                     error of 5%.
Pitch attitude.................  100% of usable...  2[deg].
Roll attitude..................  60[deg] or   minus>2[deg].
                                  100% of usable
                                  range, whichever
                                  is greater.
Stabilizer trim position;......  Full range.......  3%     1................  1%.\3\
Or.............................                      unless higher
                                                     uniquely
                                                     required.
Pitch control position.........  Full range.......  3%     1................  1%.\3\
                                                     unless higher
                                                     uniquely
                                                     required.
Engine Power, Each Engine:
    Fan or N1 speed or EPR or    Maximum range....  5%...  1................  1%.\3\
     cockpit indications used
     for aircraft
     certification; Or

[[Page 39105]]

 
    Prop. speed and torque       .................  .................  1 (prop speed), 1  ......................
     (sample once/sec as close                                          (torque).
     together as practicable).
    Altitude rate \2\ (need      8,000  10%.   1................  250 fpm Below 12,000.
     depends on altitude          fpm.               Resolution 250
     resolution).                                    fpm below 12,000
                                                     ft. indicated.
    Angle of attack \2\ (need    -20[deg] to        2[deg].
     resolution).                 usable range.
    Radio transmitter keying     On/off...........  .................  1................  ......................
     (discrete).
    TE flaps (discrete or        Each discrete      .................  1................  ......................
     analog).                     position (U, D,
                                  T/O, AAP); Or
                                 Analog 0-100%      3[deg].
    LE flaps (discrete or        Each discrete      .................  1................  ......................
     analog).                     position (U, D,
                                  T/O, AAP); Or
                                 Analog 0-100%      3[deg].
    Thrust reverser, each        Stowed or full     .................  1................  ......................
     engine (Discrete).           reverse.
    Spoiler/speedbrake           Stowed or out....  .................  1................  ......................
     (discrete).
    Autopilot engaged            Engaged or         .................  1................  ......................
     (discrete).                  disengaged.
----------------------------------------------------------------------------------------------------------------
\1\ When data sources are aircraft instruments (except altimeters) of acceptable quality to fly the aircraft the
  recording system excluding these sensors (but including all other characteristics of the recording system)
  shall contribute no more than half of the values in this column.
\2\ If data from the altitude encoding altimeter (100 ft. resolution) is used, then either one of these
  parameters should also be recorded. If, however, altitude is recorded at a minimum resolution of 25 feet, then
  these two parameters can be omitted.
\3\ Percent of full range.

Subpart D--Maintenance, Preventive Maintenance, Rebuilding, and 
Alteration Requirements for Powered-lift under Part 43 of this 
Chapter


Sec.  194.401  Applicability.

    Unless otherwise specified by this part, powered-lift must continue 
to comply with rules applicable to all aircraft in part 43 of this 
chapter.


Sec.  194.402  Maintenance provisions.

    The following maintenance provisions under part 43 of this chapter 
that pertain to rotorcraft also apply to powered-lift:
    (a) Section 43.3(h) of this chapter applies to certificate holders 
operating powered-lift under part 135 of this chapter in a remote area; 
and
    (b) In lieu of complying with Sec.  43.15(b) of this chapter, each 
person performing an inspection required by part 91 of this chapter on 
a powered-lift shall inspect critical parts in accordance with the 
maintenance manual or Instruction for Continuous Airworthiness, or as 
otherwise approved by the Administrator.
    (1) A ``critical part'' has the same meaning as provided in 
Sec. Sec.  27.602 and 29.602 of this chapter.
    (2) [Reserved]

    Issued under authority provided by 49 U.S.C. 106(f), 40113, 
44701-44705, 44707, 44712, 44713, 44715, 44722, and 44730 in 
Washington, DC, on May 22, 2023.
David H. Boulter,
Acting Associate Administrator for Aviation Safety.
[FR Doc. 2023-11497 Filed 6-7-23; 11:15 am]
BILLING CODE 4910-13-P